Common use of Conditions to First Extension of Credit Clause in Contracts

Conditions to First Extension of Credit. Before the first extension of --------------------------------------- credit: (a) This Agreement, executed by the Borrower; (b) Satisfactory evidence of due authorization of the execution, delivery, and performance by the Borrower of this Agreement and any other Credit Documents, including certified resolutions, incumbency certificate, articles of incorporation and bylaws; (c) An opinion of Stradling, Yocca, ▇▇▇▇▇▇▇ & ▇▇▇▇▇, counsel for the Borrower, with respect to such legal matters relating hereto as the Bank may request; (d) Certificates of state officials showing that the Borrower is in good standing or qualified to conduct business under the laws of the state of its organization and, if requested by the Bank, in any other state in which the Borrower is required to be so qualified; (e) A certificate of an appropriate officer of the Borrower as to the matters set forth in Section 4.02(a) and (b); (f) Payment of any fee or expense required hereunder prior to the first extension of credit, including the facility fee referenced in Section 2.03; and (g) Such other approvals, opinions, documents or instruments as the Bank may reasonably request.

Appears in 1 contract

Sources: Credit Agreement (Powerwave Technologies Inc)

Conditions to First Extension of Credit. Before the first extension of --------------------------------------- credit: (a) This Agreement, executed by the Borrower; (b) Satisfactory evidence of due authorization of the execution, delivery, and performance by the Borrower of this Agreement and any other Credit Documents, including certified resolutions, incumbency certificate, articles of incorporation and bylaws; (c) An If requested by the Bank, an opinion of Stradling, Yocca, ▇▇▇▇▇▇▇ & ▇▇▇▇▇, counsel for the Borrower, Borrower (which counsel must be satisfactory to the Bank) with respect to such legal matters relating hereto as the Bank may request; (d) Certificates of state officials showing that the Borrower is in good standing or qualified to conduct business under the laws of the state of its organization and, if requested by the Bank, in any other state in which the Borrower is required to be so qualified; (e) A certificate of an appropriate officer of the Borrower as to the matters set forth in Section 4.02(a) and (b); (f) Payment of any fee or expense required hereunder prior to the first extension of credit, credit (including the facility fee referenced in Section 2.032.04); and (g) Such other approvals, opinions, documents or instruments as the Bank may reasonably request.

Appears in 1 contract

Sources: Credit Agreement (Microtest Inc)