Common use of Terms and Conditions of Transaction Clause in Contracts

Terms and Conditions of Transaction. (a) Each Lender shall have received one or more Notes, payable to the order of such Lender, duly executed and delivered by the Borrower, as well as copies of each of the other Loan Documents, which shall have been duly executed and delivered by the respective parties thereto, shall be in full force and effect and shall be in form and substance satisfactory to the Administrative Agent, each of the Lenders and their counsel. (b) The Lenders shall be satisfied with the final terms and conditions of the transactions contemplated hereby and by the other Loan Documents, including, without limitation, all legal and tax aspects thereof. (c) The Lenders shall be satisfied with the corporate and legal structure and capitalization of the Borrower and its Subsidiaries, including, without limitation, their respective charters and bylaws and each agreement or instrument relating thereto. (d) The Administrative Agent and the Required Lenders shall have completed satisfactory review and approval of the Borrower's Network build-out plan, budget and schedule, including financial projections of the Borrower and its Consolidated Subsidiaries for the [*] certified by the principal or chief accounting or financial officer of the Borrower as having been prepared in accordance with GAAP except for the absence of footnotes and the recording of FCC licenses and related obligations on a cost basis, such projections giving effect to the indebtedness to be incurred under the Credit Facility as well as the other indebtedness to be incurred by the Borrower and its Consolidated Subsidiaries during such ten- year period.

Appears in 1 contract

Sources: Loan Agreement (Omnipoint Corp \De\)

Terms and Conditions of Transaction. (a) Each Lender shall have received one or more Notes, payable to the order of such Lender, duly executed and delivered by the Borrower, as well as copies of each of the other Loan Documents, which shall have been duly executed and delivered by the respective parties thereto, shall be in full force and effect and shall be in form and substance satisfactory to the Administrative Agent, each of the Lenders and their counsel. (b) The Lenders shall be satisfied with the final terms and conditions of the transactions contemplated hereby and by the other Loan Documents, including, without limitation, all legal and tax aspects thereof. (c) The Lenders shall be satisfied with the corporate and legal structure and capitalization of the Borrower and its Subsidiaries, including, without limitation, their respective charters and bylaws and each agreement or instrument relating thereto. (d) The Administrative Agent and the Required Lenders shall have completed satisfactory review and approval of the Borrower's Network build-out plan, budget and schedule, including financial projections of the Borrower and its Consolidated Subsidiaries for the [*] ten-year period beginning January 1, 1998, certified by the principal or chief accounting or financial officer of the Borrower as having been prepared in accordance with GAAP except for the absence of footnotes and the recording of FCC licenses and related obligations on a cost basis, such projections giving effect to the indebtedness to be incurred under the Credit Facility as well as the other indebtedness to be incurred by the Borrower and its Consolidated Subsidiaries during such ten- ten-year period.

Appears in 1 contract

Sources: Loan Agreement (Omnipoint Corp \De\)