Common use of Documents to be Received Clause in Contracts

Documents to be Received. Lender's obligations to cause the issuance of the Letter of Credit as set forth in SECTION 2.1 hereof are subject to the conditions precedent that, on or prior to the Date of Delivery, Lender shall receive the following documents, all in form and substance satisfactory to Lender: (A) executed counterparts of the this Agreement, the Security Agreement and the Reimbursement Loan Note, which shall be duly executed and dated by the Corporation (except for the schedule attached thereto, which shall be undated and blank as to amount); (B) a certificate of the appropriate officer(s) of the Corporation certifying (i) that the statements contained in SECTIONS 3.2(a) and 5.1 are true and correct, (ii) the name and true signatures of the officers of the Corporation authorized to sign this Agreement and the other documents to be delivered by the Corporation hereunder and (iii) as to such other matters as Lender shall determine, in substantially the form attached hereto as EXHIBIT C; (C) all filings, notices and recordings necessary to perfect the security interest granted Lender pursuant to the Security Agreement shall have been delivered to Lender; (D) the Warrant duly executed and delivered by Corporation in the form attached hereto as EXHIBIT D;

Documents to be Received. Lender's Lenders' obligations to cause the issuance of the Letter Letters of Credit as set forth in SECTION 2.1 hereof are subject to the conditions precedent that, on or prior to the Date of Delivery, Lender Lenders shall receive the following documents, all in form and substance satisfactory to LenderLenders: (A) executed counterparts of the this Agreement, the Security Agreement and the Reimbursement Loan Note, which shall be duly executed and dated by the Corporation (except for the schedule attached thereto, which shall be undated and blank as to amount); (B) a certificate of the appropriate officer(s) of the Corporation certifying (i) that the statements contained in SECTIONS 3.2(a3.2(A) and 5.1 are true and correct, (ii) the name and true signatures of the officers of the Corporation authorized to sign this Agreement and the other documents to be delivered by the Corporation hereunder and (iii) as to such other matters as Lender Lenders shall determine, in substantially the form attached hereto as EXHIBIT CE; (C) all filings, notices and recordings necessary to perfect the security interest granted Lender Lenders pursuant to the Security Agreement shall have been delivered to LenderLenders; (D) the Warrant duly executed and delivered by Corporation in the form attached hereto as EXHIBIT DF; (E) such other documents, certificates, instruments, approvals or filings as Lenders may reasonably deem necessary or appropriate.

Documents to be Received. Lender's Lenders' obligations to cause the issuance of the Letter Letters of Credit as set forth in SECTION Section 2.1 hereof are subject to the conditions precedent that, on or prior to the Date of Delivery, Lender Lenders shall receive the following documents, all in form and substance satisfactory to LenderLenders: (Aa) executed counterparts of the this Agreement, the Security Agreement and the Reimbursement Loan Note, which shall be duly executed and dated by the Corporation (except for the schedule attached thereto, which shall be undated and blank as to amount); (Bb) a certificate of the appropriate officer(s) of the Corporation certifying (i) that the statements contained in SECTIONS Sections 3.2(a) and 5.1 are true and correct, (ii) the name and true signatures of the officers of the Corporation authorized to sign this Agreement and the other documents to be delivered by the Corporation hereunder (iii) the resolutions required by Section 3.2(b) and (iiiiv) as to such other matters as Lender Lenders shall determine, in substantially the form attached hereto as EXHIBIT CExhibit E; (Cc) all filings, notices and recordings necessary to perfect the security interest granted Lender Lenders pursuant to the Security Agreement shall have been delivered to LenderLenders; (Dd) the Warrant Warrants ("each, a "Warrant" and together, the "Warrants") duly executed and delivered by Corporation in the form forms attached hereto as EXHIBIT DExhibit F and Exhibit G; (e) such other documents, certificates, instruments, approvals or filings as Lenders may reasonably deem necessary or appropriate, including without limitation an opinion of counsel of Corporation that each of the Transaction Documents has been duly authorized, executed and delivered.

Documents to be Received. Lender's obligations to cause the issuance of the Letter Letters of Credit as set forth in SECTION 2.1 hereof are subject to the conditions precedent that, on or prior to the Date of Delivery, Lender shall receive the following documents, all in form and substance satisfactory to Lender: (Aa) executed counterparts of the this Agreement, the Security Agreement and the Reimbursement Loan Note, which shall be duly executed and dated by the Corporation (except for the schedule attached thereto, which shall be undated and blank as to amount); (Bb) a certificate of the appropriate officer(s) of the Corporation certifying (i) that the statements contained in SECTIONS 3.2(a3.2(A) and 5.1 are true and correct, (ii) the name and true signatures of the officers of the Corporation authorized to sign this Agreement and the other documents to be delivered by the Corporation hereunder and (iii) as to such other matters as Lender shall determine, in substantially the form attached hereto as EXHIBIT CD; (Cc) all filings, notices and recordings necessary to perfect the security interest granted Lender pursuant to the Security Agreement shall have been delivered to Lender; (Dd) the Warrant duly executed and delivered by Corporation in the form attached hereto as EXHIBIT DE; (e) the Notification of Assignment duly executed and delivered by Corporation and acknowledged, consented and agreed to by Boatmen's POS in the form attached as Exhibit A to the Security Agreement; (f) a copy of a fairness opinion delivered to the Corporation from an established provider of financial services (unaffiliated with Lender) that the terms of the provision of such letter of credit are fair tot he Corporation from a financial point of view;