Common use of Conditions to this Agreement Clause in Contracts

Conditions to this Agreement. In addition to the other provisions set forth in this Agreement, the agreements of Agent and the Lenders under Section 4(a) are expressly subject to and conditioned upon the continual compliance by Borrower with the following terms, conditions and provisions: (a) This Agreement shall have been executed by Borrower; (b) Borrower shall have delivered to Agent an executed IP Agreement (as defined in Section 5 of this Agreement) in the form attached hereto as Annex B; (c) During the Fundraising Period, Borrower shall continue to perform and comply with each term, condition and provision of this Agreement and the Loan Documents and no Default or Event of Default or other breach or default under this Agreement, the Loan Agreement or any other Loan Document shall occur; (d) Borrower shall pay, upon receipt of written invoices, all reasonable legal fees and expenses incurred in connection with the preparation, drafting, negotiation and enforcement of this Agreement; (e) All of the warranties and representations of Borrower contained herein shall be true and correct in all material respects; and (f) Agents shall have received copies of resolutions or written consents of the board(s) of directors of Borrower authorizing the execution and delivery and the consummation of the transactions contemplated by this Agreement and all other documents or instruments to be executed and delivered in conjunction herewith certified by the Secretary of Borrower as of the date hereof.

Conditions to this Agreement. In addition The obligations of Lender to enter into this Agreement are subject to the other provisions set forth in this Agreement, the agreements satisfaction of Agent and the Lenders under Section 4(a) are expressly subject to and conditioned upon the continual compliance by Borrower with the following terms, additional conditions and provisionsprecedent: (a) This Agreement Borrower shall have been delivered to Lender an additional Note representing the increased Facility Cap executed by an authorized officer of Borrower; (b) Borrower Lender shall have delivered received a signed IRS Form 8821 for each Borrower in form and substance reasonably satisfactory to Agent an executed IP Agreement (as defined in Section 5 of this Agreement) in the form attached hereto as Annex BLender; (c) During Lender shall have received certificates of insurance evidencing the Fundraising Perioddesignation of Lender as loss payee and additional insured in accordance with Section 6.5 hereto, Borrower which shall continue to perform and comply with each term, condition and provision of this Agreement and be delivered post-closing as set forth in Schedule 6.8 hereto within the Loan Documents and no Default or Event of Default or other breach or default under this Agreement, the Loan Agreement or any other Loan Document shall occurtime therein provided; (d) Lender shall have received a certificate of the corporate secretary or assistant secretary of Borrower shall paydated the date hereof, upon receipt as to the incumbency and signature of written invoices, all reasonable legal fees the Persons executing this Agreement and expenses incurred any other Loan Documents to be executed in connection with herewith, in form and substance acceptable to Lender, that there has been no change in the preparationBorrower’s charter documents provided on the Closing Date, drafting, negotiation and enforcement of this Agreement;certifying all resolutions necessary or appropriate from each Borrower approving the transactions contemplated hereby; and (e) All of the warranties and representations of Borrower contained herein shall be true and correct in all material respects; and (f) Agents Lender shall have received copies of resolutions all fees, charges and expenses payable to Lender on or written consents of the board(s) of directors of Borrower authorizing the execution and delivery and the consummation of the transactions contemplated by this Agreement and all other documents or instruments prior to be executed and delivered in conjunction herewith certified by the Secretary of Borrower as of the date hereofhereof pursuant to the Loan Documents.