Conditions to Initial Loan Sample Clauses
The 'Conditions to Initial Loan' clause sets out the specific requirements that must be satisfied before a lender is obligated to disburse the first loan under an agreement. Typically, these conditions include the delivery of certain documents, evidence of compliance with legal and financial covenants, and confirmation that no default has occurred. By clearly outlining these prerequisites, the clause ensures that the lender is protected from undue risk and that the borrower has met all necessary obligations before receiving funds, thereby safeguarding the interests of both parties at the outset of the lending relationship.
Conditions to Initial Loan. At or prior to the making of the initial Loan hereunder to each Borrower, the following conditions precedent shall also have been satisfied:
(a) the Lender shall have received the following (each to be properly executed and completed) and the same shall have been approved as to form and substance by the Lender:
(i) this Agreement signed by such Borrower;
(ii) a Note signed by such Borrower;
(iii) copies (executed or certified, as may be appropriate) of all legal documents or proceedings taken in connection with the execution and delivery of this Agreement, such Borrower’s Note and the other Loan Documents by such Borrower; and
(iv) an incumbency certificate containing the name, title and genuine signatures of such Borrower’s authorized representatives;
(v) a copy of such Borrower’s Prospectus;
(b) legal matters incident to the execution and delivery of this Agreement and the other Loan Documents by a Borrower and to the transactions contemplated hereby shall be satisfactory to the Lender and its counsel; and the Lender shall have received the favorable written opinion of counsel for such Borrower in the form attached hereto as Exhibit B in the case of a Domestic Borrower and in the form attached hereto as Exhibit C in the case of a Cayman Borrower;
(c) the Lender shall have received a good standing certificate (or the equivalent in the case of each Cayman Borrower) for such Borrower (dated as of the date no earlier than 30 days prior to the date of this Agreement) from the offices of the secretary of state of the states of their respective organization or of the applicable office in the case of the Cayman Borrowers; and
(d) the Lender shall be satisfied that the Loans and the use of proceeds thereof comply in all respect with Regulation U, and if required by Regulation U, the Lender shall have received a copy of FR Form U-1 duly executed and delivered by each Borrower.
Conditions to Initial Loan. The obligation of each Bank to make its initial Loan hereunder is subject to the satisfaction of the following conditions precedent:
Conditions to Initial Loan. The obligation of the Lender to make the initial Loan requested to be made by it shall be subject to the satisfaction or waiver by the Lender of the following conditions precedent (the date on which said conditions are satisfied or waived being herein called the "Effective Date"):
Conditions to Initial Loan. The obligations of Lenders to make the initial Loan are, in addition to the conditions precedent specified in Subsection 7.2, subject to the satisfaction of each of the following conditions:
Conditions to Initial Loan. The agreement of each Lender to make the initial Loan (the "Initial Loan") requested to be made by it is subject to the fulfillment to the satisfaction of or waiver by the Creditors, prior to or concurrently with the making of such Loan on the Closing Date of the following conditions precedent:
Conditions to Initial Loan. The amendment and restatement of the Existing Credit Agreement and the agreement of each Lender to make the initial Loan requested to be made by it is subject to the satisfaction of the following conditions precedent (or until such conditions are waived pursuant to Section 9.1):
Conditions to Initial Loan. The Bank shall not make any Loan until the Borrower has delivered to the Bank, in addition to this Agreement and the Note, the following in form and substance satisfactory to the Bank:
(a) the Pledge Agreement for each Fund requesting a Loan;
(b) all appropriate financing statements (Form UCC‑1) and control agreements (substantially in the form of Annex I to the Pledge Agreement);
(c) a Certificate of the Borrower in the form of Exhibit 3.1, and all attachments thereto;
(d) as the Bank may require, UCC searches, tax lien and litigation searches, insurance certificates, notices, filings, acknowledgments or other documents or control agreements to reflect, perfect, or protect the priority of the Bank's priority Lien in the Collateral pledged to the Bank pursuant to the Pledge Agreements and to fully consummate this transaction;
(e) payment by the Borrower of all fees and expenses of the Bank, including without limitation, reasonable counsel fees incurred by the Bank in connection with the preparation and negotiation of this Agreement and the other Loan Documents, and all recording fees and taxes, if any, subject to a maximum amount of $1,500;
(f) as the Bank may require, all documentation needed to establish a demand deposit account with the Bank for each Fund if necessary for administrative and operational purposes, which account shall be used to receive proceeds of Loans made hereunder to each Fund;
(g) the Authorization Letter;
(h) the prospectus, Statement of Additional Information and Custody Agreement for each Fund; and
(i) such additional information and materials as the Bank may reasonably request.
Conditions to Initial Loan. The obligation of the Bank to make its initial disbursement under the Loans on the first Borrowing Date is subject to the satisfaction of the following conditions precedent on or prior to such date:
Conditions to Initial Loan. The agreement of each Lender to make the initial extension of credit requested to be made by it is subject to the satisfaction, prior to or concurrently with the making of such extension of credit on the Closing Date, of the following conditions precedent:
Conditions to Initial Loan. (a) The obligation of the Lender to make the initial Loan is subject to the Lender's receipt of the following, each dated the date of the initial Loan or as of an earlier date acceptable to the Lender, in form and substance satisfactory to the Lender and its counsel:
(i) completed requests for information (Form UCC-11) listing all effective Uniform Commercial Code financing statements naming the Borrower as debtor and all tax lien, judgment, and litigation searches for the Borrower as the Lender shall deem necessary or desirable;
(ii) Uniform Commercial Code financing statements (Form UCC-1) duly executed by the Borrower (naming the Lender as secured party and the Borrower as debtor and in form acceptable for filing in all jurisdictions that the Lender deems necessary or desirable to perfect the security interests granted to it hereunder) and, if applicable, termination statements or other releases duly filed in all jurisdictions that the Lender deems necessary or desirable to perfect and protect the priority of the security interests granted to it hereunder in the Equipment related to such initial Loan;
(iii) a Note duly executed by the Borrower evidencing the amount of such Loan;
(iv) a Collateral Access Agreement duly executed by the lessor or mortgagee, as the case may be, of premises in Vienna, Virginia where the Equipment is located;