Common use of DOCUMENTS REQUIRED FOR CLOSING Clause in Contracts

DOCUMENTS REQUIRED FOR CLOSING. Borrower shall have duly executed and/or delivered (or caused to be duly executed and/or delivered) to Bank the following: (A) The Twelfth Replacement Revolving Loan Note and each other instrument, agreement and document to be executed and/or delivered pursuant to this Amendment and/or the instruments, agreements and documents referred to in this Amendment; (B) A certified (as of the date of this Fourth Amendment) copy of resolutions of Borrower's Board of Directors authorizing the execution, delivery and performance of this Fourth Amendment, the Twelfth Replacement Revolving Loan Note and each other document to be executed and/or delivered pursuant hereto and any other instrument, agreement or document referred to herein; (C) A certification that Borrower's certificate of incorporation and by-laws remain unchanged from Closing; (D) A certificate (dated the date of this Fourth Amendment) of Borrower's corporate secretary as to the incumbency and specimen signatures of the officers of Borrower executing this Fourth Amendment, the Twelfth Replacement Revolving Loan Note and each other document to be executed and/or delivered pursuant hereto or thereto; and (E) Such other instruments, agreements and documents as may be required by Bank and/or its counsel.

DOCUMENTS REQUIRED FOR CLOSING. Borrower shall have duly executed and/or delivered (or caused to be duly executed and/or delivered) to Bank the following: (A) The Twelfth Replacement Revolving Loan Note This Amendment and each other instrument, agreement and document to be executed and/or delivered pursuant to this Amendment and/or the instruments, agreements and documents referred to in this Amendment; (B) A certified (as of the date of this Fourth Fifth Amendment) copy of resolutions of Borrower's Board of Directors authorizing the execution, delivery and performance of this Fourth Amendment, the Twelfth Replacement Revolving Loan Note Fifth Amendment and each other document to be executed and/or delivered pursuant hereto and any other instrument, agreement or document referred to herein; (C) A certification that Borrower's certificate of incorporation and by-laws remain unchanged from Closing; (D) A certificate (dated the date of this Fourth Fifth Amendment) of Borrower's corporate secretary as to the incumbency and specimen signatures of the officers of Borrower executing this Fourth Amendment, the Twelfth Replacement Revolving Loan Note Fifth Amendment and each other document to be executed and/or delivered pursuant hereto or theretohereto; and (E) Such other instruments, agreements and documents as may be required by Bank and/or its counsel.

DOCUMENTS REQUIRED FOR CLOSING. Borrower shall have duly executed and/or delivered (or caused to be duly executed and/or delivered) to Bank the following: (A) The Twelfth Eleventh Replacement Revolving Loan Note and each other instrument, agreement and document to be executed and/or delivered pursuant to this Amendment and/or the instruments, agreements and documents referred to in this Amendment; (B) A certified (as of the date of this Fourth Third Amendment) copy of resolutions of Borrower's Board of Directors authorizing the execution, delivery and performance of this Fourth Third Amendment, the Twelfth Eleventh Replacement Revolving Loan Note and each other document to be executed and/or delivered pursuant hereto and any other instrument, agreement or document referred to herein; (C) A certification that Borrower's certificate of incorporation and by-laws remain unchanged from Closing; (D) A certificate (dated the date of this Fourth Third Amendment) of Borrower's corporate secretary as to the incumbency and specimen signatures of the officers of Borrower executing this Fourth Third Amendment, the Twelfth Eleventh Replacement Revolving Loan Note and each other document to be executed and/or delivered pursuant hereto or thereto; and (E) Such other instruments, agreements and documents as may be required by Bank and/or its counsel.

DOCUMENTS REQUIRED FOR CLOSING. Borrower shall have duly executed and/or delivered (or caused to be duly executed and/or delivered) to Bank the following: (A) The Twelfth This First Amendment, the Replacement Revolving Loan Note Notes, explanations and waivers of rights with respect to the Replacement Revolving Loan Notes and each other instrument, agreement and document to be executed and/or delivered pursuant to this First Amendment and/or the instruments, agreements and documents referred to in this First Amendment; (B) A certified (as of the date of this Fourth First Amendment) copy of resolutions of Borrower's Board of Directors authorizing the execution, delivery and performance of this Fourth Amendment, the Twelfth Replacement Revolving Loan Note First Amendment and each other document to be executed and/or delivered pursuant hereto and any other instrument, agreement or document referred to herein; (C) A certification that Borrower's certificate of incorporation and by-laws remain unchanged from Closing; (D) A certificate (dated the date of this Fourth First Amendment) of Borrower's corporate secretary as to the incumbency and specimen signatures of the officers of Borrower executing this Fourth Amendment, the Twelfth Replacement Revolving Loan Note First Amendment and each other document to be executed and/or delivered pursuant hereto or theretohereto; (D) EARS, Inc., a Delaware corporation, a guarantor and surety for the Obligations, shall unconditionally reaffirm in writing its suretyship for the Obligations and consent to this First Amendment; and (E) Such other instruments, agreements and documents as may be required by Bank and/or its counsel.