Condition Precedent Clause Example with 5 Variations from Business Contracts
This page contains Condition Precedent clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Condition Precedent. (a) Initial Advance. The obligation of Lender to make the Loan under the Credit Facility, is subject to the condition precedent that Lender shall have received on or before the day the Loan is to be made all of the following, each dated (unless otherwise indicated) as of the Effective Date, in form and substance satisfactory to Lender: (i) Resolutions. Resolutions of the governing body of Debtor certified by an authorized officer or representative of Debtor which authorize the execution, deliver...y, and performance of the Loan Documents dated as of the Effective Date (but to be delivered within THIRTY (30) days of the Effective Date). Incumbency Certificate. A certificate of incumbency certified by an authorized officer or representative of Debtor certifying the names of the individuals or other Persons authorized to sign the Loan Documents (including the certificates contemplated herein) together with (ii) specimen signatures of such Persons dated as of the Effective Date (but to be delivered within THIRTY (30) days of the Effective Date). (iii) Constituent Documents. The Constituent Documents of Debtor certified to Lender as being true and correct as of the Original Effective Date and a subsequent certification of no amendment thereto to be delivered within THIRTY (30) days of the Effective Date. (iv) Governmental Certificates. Certificates of the appropriate government officials of the state of organization of Debtor as to the existence, qualification and good standing of Debtor, dated within THIRTY (30) days after the Effective Date. (v) Loan Documents. The Loan Documents executed by Debtor. (vi) Financing Statements. Code financing statements: (1) covering the Collateral naming Debtor as debtor and Lender as secured party; and/or (2) naming Seller as seller and Debtor as buyer shall have been filed with such filing officers as Lender may request. (vii) Uniform Commercial Code Search. The results of a Code search showing all financing statements and other documents or instruments on file against Debtor and/or Seller in such locations as Lender may reasonably request, such search to be as of a date no more than THIRTY (30) days after to the Effective Date. (viii) Fees and Expenses. Evidence that the costs and expenses of Lender (including reasonable out-of-pocket attorneys' fees) and all fees owing to Lender, shall have been paid in full by Debtor. (ix) Certain Agreements. As of the Original Effective Date, copies of each Sale Agreement with each Seller in form and content satisfactory to Lender, and all material contracts and agreements of Debtor as in effect on the Original Effective Date relating to the Consumer Loans, certified as true and correct copies thereof by an authorized Person on behalf of Debtor as of the Original Effective Date, together with a certificate of such authorized Person stating that such agreements remain in full force and effect and that Debtor has not breached or defaulted in any of its obligations under such agreements within THIRTY (30) days of the Effective Date. (x) Other Matters. Such other documents and agreements as may be required by Lender in its reasonable discretion; matters which are deliverable after the Effective Date are set forth on Schedule I attached hereto. (xi) Due Diligence. Lender shall have completed its business, legal and collateral due diligence with respect to Debtor and each Seller and the results thereof shall be acceptable to Lender, in its sole and absolute discretion. (b) All Advances. The obligation of Lender to make any advance with respect to the Loan under the Credit Facility shall be subject to the following additional conditions precedent: (i) Request for Loan. Lender shall have received in accordance with this Agreement, a request for a Loan in form and content satisfactory to Lender in its reasonable discretion dated as of the date of request and executed by an authorized officer of Debtor. (ii) No Default, Etc. No Default or event which could reasonably be expected to have a Material Adverse Effect shall have occurred and be continuing, or would result from or after giving effect to such Loan. (iii) Representations and Warranties. All of the representations and warranties contained in the Loan Documents shall be true and correct in material respects on and as of the date of such Loan with the same force and effect as if such representations and warranties had been made on and as of such date.View More
Variations of a "Condition Precedent" Clause from Business Contracts
Condition Precedent. (a) Initial Advance. Loan. The obligation of Lender to make the initial Loan under the Credit Facility, is subject to the condition precedent that Lender shall have received on or before the day the of such Loan is to be made all of the following, each dated (unless otherwise indicated) as of the Effective Date, following in form and substance satisfactory to Lender: Lender, or the following conditions shall have been satisfied satisfactory to Lender, as applicable: (i) Resolutions. Resolutions ...of the governing body of Debtor each Obligor that is not a natural Person certified by an authorized officer or representative of Debtor such Obligor which authorize the execution, delivery, and performance of the Loan Documents dated as of the Effective Date (but to be delivered within THIRTY (30) days of the Effective Date). that such Obligor is a party to; (ii) Incumbency Certificate. A certificate of incumbency certified by an authorized officer or representative of Debtor each Obligor that is not a natural person certifying the names of the individuals or other Persons authorized to sign the Loan Documents to which any Obligor that is not a natural Person is to be a party (including the certificates contemplated herein) together with (ii) specimen signatures of such Persons dated as of the Effective Date (but to be delivered within THIRTY (30) days of the Effective Date). Persons; (iii) Constituent Documents. The Constituent Documents of Debtor each Obligor that is not a natural Person certified to Lender as being true and correct as of the Original Effective Date and a subsequent certification of no amendment thereto to be delivered within THIRTY (30) days of the Effective Date. Date; (iv) Governmental Certificates. Certificates of the appropriate government officials of the state of organization of Debtor each Obligor that is not a natural Person and any state such Obligor is currently doing business as to the existence, qualification and good standing of Debtor, such Obligor, dated within THIRTY (30) no more than TEN (10) days after prior to the Effective Date. Date; (v) Loan Documents. The Loan Documents executed by Debtor. each Obligor party thereto; (vi) Financial Statements. Audited financial statements of Debtor covering the year 2010. (vii) Financing Statements. Code financing statements: (1) statements covering the Collateral naming Debtor as debtor and Lender as secured party; and/or (2) naming Seller as seller and Debtor as buyer shall have been filed with such filing officers offices as Lender may request. (vii) Uniform Commercial Code request; (viii) Insurance Matters. Copies of insurance certificates describing all insurance policies as may be required by Lender from time-to-time; 9 (ix) Lien Search. The results of a Code or other lien search showing all financing statements and other documents or instruments on file against Debtor and/or Seller in such locations as Lender may reasonably request, such search to be as of a date no more than THIRTY (30) TEN (10) days after prior to the Effective Date. (viii) Date; (x) Fees and Expenses. Evidence that the costs and expenses of Lender (including reasonable out-of-pocket attorneys' fees) and all fees owing to Lender, shall have been paid in full by Debtor; (xi) Certain Amounts Owing to Debtor. (ix) Certain Agreements. As of Debtor shall cause the Original Effective Date, copies of each Sale Agreement with each Seller Collateral Loans and the Collateral Documents to have been pledged to Lender in form and content satisfactory to Lender; (xii) Due Diligence. Lender shall have (at Debtor's cost and expense) completed its business, legal and collateral due diligence audit with respect to Debtor and the Collateral Loans (including the Collateral Loan portfolio) and the results thereof shall be acceptable to Lender, in its sole and all material contracts absolute discretion; and agreements of Debtor as in effect on the Original Effective Date relating to the Consumer Loans, certified as true and correct copies thereof by an authorized Person on behalf of Debtor as of the Original Effective Date, together with a certificate of such authorized Person stating that such agreements remain in full force and effect and that Debtor has not breached or defaulted in any of its obligations under such agreements within THIRTY (30) days of the Effective Date. (x) (xiii) Other Matters. Such other documents and agreements as may be required by Lender in its reasonable discretion; matters which are deliverable after the Effective Date are set forth on Schedule I attached hereto. (xi) Due Diligence. Lender shall have completed its business, legal and collateral due diligence with respect to Debtor and each Seller and the results thereof shall be acceptable to Lender, in its sole and absolute discretion. (b) All Advances. Loans. The obligation of Lender to make any advance with respect to the Loan under the Credit Facility shall be subject to the following additional conditions precedent: (i) Request for Loan. Lender shall have received in accordance with this Agreement, a request for a Loan in form and content satisfactory to Lender in its reasonable discretion dated as of the date of request and executed by an authorized officer of Debtor. Debtor; (ii) No Event of Default, Etc. No Default or event which could reasonably be expected to have a Material Adverse Effect shall have occurred and be continuing, or would result from or after giving effect to such Loan. Loan; and (iii) Representations and Warranties. All of the representations and warranties contained in the Loan Documents shall be true and correct in material respects on and as of the date of such Loan with the same force and effect as if such representations and warranties had been made on and as of such date. View More
Condition Precedent. (a) Initial Advance. The obligation of Lender to make the Loan initial Advance under the Credit Facility, Facility is subject to the condition precedent that Lender shall have received on received, or before the day the Loan is to such condition shall be made all of the following, each dated (unless otherwise indicated) satisfied, as of the Effective Date, in form and substance satisfactory to Lender: Lender's satisfaction, the following: (i) Resolutions. Resolutions Closing Certificate. A CLOSI...NG CERTIFICATE executed by a Responsible Officer of the governing body of Debtor certified by an authorized officer or representative Debtors, which certifies: (1) the resolutions of Debtor which authorize Debtors authorizing the execution, delivery, and performance of the Loan Documents dated as of the Effective Date (but to be delivered within THIRTY (30) days of the Effective Date). Incumbency Certificate. A certificate of incumbency certified by an authorized officer or representative of Debtor certifying the names of the individuals or other Persons authorized to sign the Loan Documents (including the that Debtors are a party to; (2) certificates contemplated herein) together with (ii) specimen signatures of such Persons dated as of the Effective Date (but to be delivered within THIRTY (30) days of the Effective Date). (iii) Constituent Documents. The Constituent Documents of Debtor certified to Lender as being true and correct as of the Original Effective Date and a subsequent certification of no amendment thereto to be delivered within THIRTY (30) days of the Effective Date. (iv) Governmental Certificates. Certificates of the appropriate government officials of the state of organization of Debtor and any governing body of Debtors, and any state Debtors are currently doing business as to the existence, qualification and good standing of Debtor, Debtors, dated within THIRTY (30) no more than TEN (10) days after prior to the Effective Date. (v) Date; (3) the true and correct Constituent Documents of Debtors and any governing body of Debtors and (4) the names of the Responsible Officer authorized to sign the Loan Documents that Debtors are a party to, together with specimen signatures of such Persons. (ii) Loan Documents. The Loan Documents executed by Debtor. (vi) each party thereto. (iii) Financing Statements. Code UCC financing statements: (1) statements covering the Collateral naming Debtor as debtor and Lender as secured party; and/or (2) naming Seller as seller and Debtor as buyer shall have been filed with such filing officers as Lender may request. (vii) Uniform Commercial Code (iv) Insurance Matters. Copies of insurance certificates describing all insurance policies as may be required by Lender, together with loss payee and lender endorsements in favor of Lender with respect to all insurance policies covering the Collateral. (v) Lien Search. The results of a Code UCC or other Lien search showing all financing statements and other documents or instruments on file against Debtor and/or Seller in such locations as Lender may reasonably request, such search to be as of a date dated no more than THIRTY (30) TEN (10) days after prior to the Effective Date. (viii) (vi) Fees and Expenses. Evidence that the costs and expenses of Lender (including reasonable out-of-pocket attorneys' fees) and all fees owing to Lender, shall have been paid in full by Debtor. (ix) Certain Agreements. As of the Original Effective Date, copies of each Sale Agreement with each Seller in form and content satisfactory to Lender, and all material contracts and agreements of Debtor as in effect on the Original Effective Date relating to the Consumer Loans, certified as true and correct copies thereof by an authorized Person on behalf of Debtor as of the Original Effective Date, together with a certificate of such authorized Person stating that such agreements remain in full force and effect and that Debtor has not breached or defaulted in any of its obligations under such agreements within THIRTY (30) days of the Effective Date. (x) (vii) Other Matters. Such other documents and agreements as may be required by Lender in its reasonable discretion; matters which are deliverable after the Effective Date are set forth on Schedule I attached hereto. (xi) Due Diligence. Lender shall have completed its business, legal and collateral due diligence with respect to Debtor and each Seller and the results thereof shall be acceptable to Lender, in its sole and absolute discretion. (b) All Advances. The obligation of Lender to make any advance with respect to the Loan under the Credit Facility Advance shall be subject to the following additional conditions precedent: (i) Request for Loan. Advance. Lender shall have received in accordance with this Agreement, a request for a Loan in form and content an Advance Request Form satisfactory to Lender in its reasonable discretion Permitted Discretion dated as of the date of request and executed by an authorized officer a Responsible Officer of Debtor. Debtor; LOAN AND SECURITY AGREEMENT – PAGE 12 THERMO COMMUNICATIONS FUNDING, LLC – SHIFT8/T3. (ii) No Default, Etc. No Default or event which could would reasonably be expected to have a Material Adverse Effect shall have occurred and be continuing, or would result from or after giving effect to such Loan. Advance; (iii) Additional Documentation. Lender shall have received such additional approvals, opinions, or documents as Lender or its legal counsel may reasonably request; and (iv) Representations and Warranties. All of the representations and warranties contained in the Loan Documents shall be true and correct in material respects on and as of the date of such Loan Advance with the same force and effect as if such representations and warranties had been made on and as of such date. Each Advance hereunder shall be deemed to be a representation and warranty by Debtors that the conditions specified in this Section have been satisfied on and as of the date of the applicable Advance. View More
Condition Precedent. (a) Initial Advance. The obligation of Lender to make the Loan initial Advance under the Credit Facility, Facility is subject to the condition precedent that Lender shall have received on received, or before the day the Loan is to such condition shall be made all of the following, each dated (unless otherwise indicated) satisfied, as of the Effective Date, in form and substance satisfactory to Lender: Lender's satisfaction, the following: (i) Resolutions. Resolutions Closing Certificate. A CLOSI...NG CERTIFICATE executed by a Responsible Officer of the governing body of Debtor certified by an authorized officer or representative Debtor, which certifies: (1) the resolutions of Debtor which authorize authorizing the execution, delivery, and performance of the Loan Documents dated as of the Effective Date (but to be delivered within THIRTY (30) days of the Effective Date). Incumbency Certificate. A certificate of incumbency certified by an authorized officer or representative of that Debtor certifying the names of the individuals or other Persons authorized to sign the Loan Documents (including the is a party to; (2) certificates contemplated herein) together with (ii) specimen signatures of such Persons dated as of the Effective Date (but to be delivered within THIRTY (30) days of the Effective Date). (iii) Constituent Documents. The Constituent Documents of Debtor certified to Lender as being true and correct as of the Original Effective Date and a subsequent certification of no amendment thereto to be delivered within THIRTY (30) days of the Effective Date. (iv) Governmental Certificates. Certificates of the appropriate government officials of the state of organization of Debtor and any governing body of Debtor, and any state Debtor is currently doing business as to the existence, qualification and good standing of Debtor, dated within THIRTY (30) no more than TEN (10) days after prior to the Effective Date. (v) Date; (3) the true and correct Constituent Documents of Debtor and any governing body of Debtor and (4) the names of the Responsible Officer authorized to sign the Loan Documents that Debtor is a party to, together with specimen signatures of such Persons. (ii) Loan Documents. The Loan Documents executed by Debtor. (vi) each party thereto. (iii) Financing Statements. Code UCC financing statements: (1) statements covering the Collateral naming Debtor as debtor and Lender as secured party; and/or (2) naming Seller as seller and Debtor as buyer shall have been filed with such filing officers as Lender may request. (vii) Uniform Commercial Code LOAN AND SECURITY AGREEMENT – PAGE 10THERMO COMMUNICATIONS FUNDING, LLC – PVBJ, INC. (iv) Insurance Matters. Copies of insurance certificates describing all insurance policies as may be required by Lender, together with loss payee and lender endorsements in favor of Lender with respect to all insurance policies covering the Collateral. (v) Lien Search. The results of a Code UCC or other Lien search showing all financing statements and other documents or instruments on file against Debtor and/or Seller in such locations as Lender may reasonably request, such search to be as of a date dated no more than THIRTY (30) TEN (10) days after prior to the Effective Date. (viii) (vi) Fees and Expenses. Evidence that the costs and expenses of Lender (including reasonable out-of-pocket attorneys' fees) and all fees owing to Lender, shall have been paid in full by Debtor. (ix) Certain Agreements. As of the Original Effective Date, copies of each Sale Agreement with each Seller in form and content satisfactory to Lender, and all material contracts and agreements of Debtor as in effect on the Original Effective Date relating to the Consumer Loans, certified as true and correct copies thereof by an authorized Person on behalf of Debtor as of the Original Effective Date, together with a certificate of such authorized Person stating that such agreements remain in full force and effect and that Debtor has not breached or defaulted in any of its obligations under such agreements within THIRTY (30) days of the Effective Date. (x) (vii) Other Matters. Such other documents and agreements as may be required by Lender in its reasonable discretion; matters which are deliverable after the Effective Date are set forth on Schedule I attached hereto. (xi) Due Diligence. Lender shall have completed its business, legal and collateral due diligence with respect to Debtor and each Seller and the results thereof shall be acceptable to Lender, in its sole and absolute discretion. (b) All Advances. The obligation of Lender to make any advance with respect to the Loan under the Credit Facility Advance shall be subject to the following additional conditions precedent: (i) Request for Loan. Advance. Lender shall have received in accordance with this Agreement, a request for a Loan in form and content an Advance Request Form satisfactory to Lender in its reasonable discretion Permitted Discretion dated as of the date of request and executed by an authorized officer a Responsible Officer of Debtor. Debtor; (ii) No Default, Etc. No Default or event which could would reasonably be expected to have a Material Adverse Effect shall have occurred and be continuing, or would result from or after giving effect to such Loan. Advance; (iii) Additional Documentation. Lender shall have received such additional approvals, opinions, or documents as Lender or its legal counsel may reasonably request; and (iv) Representations and Warranties. All of the representations and warranties contained in the Loan Documents shall be true and correct in material respects on and as of the date of such Loan Advance with the same force and effect as if such representations and warranties had been made on and as of such date. Each Advance hereunder shall be deemed to be a representation and warranty by Debtor that the conditions specified in this Section have been satisfied on and as of the date of the applicable Advance. View More
Condition Precedent. (a) Initial (a)Initial Advance. The obligation of Lender to make the initial Advance with respect to the Loan under the Credit Facility, Facility is subject to the condition precedent that Lender shall have received on or before the day the Loan is to be made of such Advance all of the following, each dated (unless otherwise indicated) as of the Effective Date, in form and substance satisfactory to Lender: (i) Resolutions. (i)Resolutions. Resolutions of the governing body of Debtor and of Enova ...certified by an authorized officer or representative a Responsible Officer of Debtor and Enova, as applicable, which authorize the execution, delivery, delivery and performance of the Loan Documents dated as of the Effective Date (but to be delivered within THIRTY (30) days of the Effective Date). Incumbency Documents; (ii)Incumbency Certificate. A certificate of incumbency certified by an authorized officer or representative a Responsible Officer of Debtor and Enova certifying the names of the individuals or other Persons authorized to sign the Loan Documents (including the certificates contemplated herein) on behalf of Debtor and Enova to the extent Debtor or Enova executes such documents, together with (ii) specimen signatures of such Persons dated as of the Effective Date (but to be delivered within THIRTY (30) days of the Effective Date). (iii) Constituent Persons; (iii)Constituent Documents. The Constituent Documents of Debtor and Enova certified to Lender as being true and correct as of the Original Effective Date and a subsequent certification date of no amendment thereto to be delivered within THIRTY (30) days of the Effective Date. (iv) Governmental this Agreement; (iv)Governmental Certificates. Certificates of the appropriate government officials of the state State of organization of Debtor and Enova as to the existence, qualification and good standing of Debtor, Debtor and Enova, respectively, dated within THIRTY (30) TEN (10) days after of the Effective Date. (v) Loan date of this Agreement; (v)Loan Documents. The Loan Documents (other than the Backup Servicing Agreement) executed by Debtor. (vi) Financing Debtor, the Master Servicer, any Asset Servicer and Enova, as applicable; (vi)Financing Statements. Code financing statements: (1) statements covering the Collateral naming (1)naming Debtor as debtor and Lender as secured party; and/or party, and (2) naming Seller as seller and Debtor as buyer buyer, shall have been filed with such filing officers as Lender may request. (vii) Uniform Commercial Code Search. The results the Secretary of a Code search showing all financing statements and other documents or instruments on file against Debtor and/or Seller in such locations as Lender may reasonably request, such search to be as State of a date no more than THIRTY (30) days after to the Effective Date. (viii) Fees State of Delaware; (vii)Fees and Expenses. Evidence that the costs and expenses of invoiced by Lender (including reasonable out-of-pocket attorneys' fees) and all fees owing to Lender, shall have been paid in full by Debtor. (ix) Certain Debtor; (viii)Certain Agreements. As Copies of the Original Effective Date, copies of each Sale Agreement with each Seller and the Servicing Agreement, in form and content satisfactory to Lender, and all material contracts and agreements of Debtor as in effect on the Original Effective Date relating to the Consumer Loans, Date, certified as true and correct copies thereof by an authorized Person a Responsible Officer on behalf of Debtor as of the Original Effective Date, Debtor, together with a certificate of such authorized Person Responsible Officer stating that such agreements remain in full force and effect and that Debtor has not breached or defaulted in on any of its obligations under such agreements within THIRTY (30) days agreements; (ix)Opinion of Counsel. An Opinion of Counsel as to (1) the existence and due organization of Debtor and Enova; (2) the due authorization and execution of the Effective Date. (x) Other Loan Documents; (3) the enforceability of the Loan Documents; (4) the perfection of Lender's security interest in the Collateral; and (5) such other matters as may be reasonably requested by Lender and its counsel; and (x)Other Matters. Such other documents and agreements as may be required by Lender in its reasonable discretion; matters which are deliverable after the Effective Date are set forth on Schedule I attached hereto. (xi) Due Diligence. Lender shall have completed its business, legal and collateral due diligence with respect to Debtor and each Seller and the results thereof shall be acceptable to Lender, in its sole and absolute discretion. (b) All Permitted Discretion. (b)All Advances. The obligation of Lender to make any advance Advance with respect to the Loan under the Credit Facility shall be subject to the following additional conditions precedent: (i) Request LOAN AND SECURITY AGREEMENT – PAGE 3 REDPOINT CAPITAL ASSET FUNDING, LLC – EFR 2016-2, LLC (i)Request for Loan. Advance. Lender shall have received in accordance with this Agreement, a request for a Loan in the form and content satisfactory to Lender in its reasonable discretion attached hereto as Exhibit D, dated as of the date of request required by Section 2(b) and executed by an authorized officer a Responsible Officer of Debtor. (ii) No (ii)No Default, Etc. No Default or event which could reasonably be expected to have a Material Adverse Effect Event of Default shall have occurred and be continuing, or would result from or after giving effect to such Loan. (iii) Representations Advance; and (iii)Representations and Warranties. All of the representations and warranties contained in the Loan Documents shall be true and correct in material respects on and as of the date of such Loan Advance with the same force and effect as if such representations and warranties had been made on and as of such date. View More
Condition Precedent. (a) Initial Advance. Loan. The obligation of Lender to make the initial Loan under the Credit Facility, is subject to the condition precedent that Lender shall have received on or before the day the of such Loan is to be made all of the following, each dated (unless otherwise indicated) as of the Effective Closing Date, in form and substance satisfactory to Lender: (i) Resolutions. Resolutions of the governing body of Debtor certified by an authorized officer or representative of Debtor Lender w...hich authorize the execution, delivery, and performance of the Loan Documents dated as of the Effective Date (but to be delivered within THIRTY (30) days of the Effective Date). that Lender is a party to; (ii) Incumbency Certificate. A certificate of incumbency certified by an authorized officer or representative of Debtor certifying the names of the individuals or other Persons authorized to sign the Loan Documents to which Debtor that is not a natural Person is to be a party (including the certificates contemplated herein) together with (ii) specimen signatures of such Persons dated as of the Effective Date (but to be delivered within THIRTY (30) days of the Effective Date). Persons; (iii) Constituent Documents. The Constituent Documents of Debtor that is not a natural Person certified to Lender as being true and correct as of the Original Effective Date and a subsequent certification date of no amendment thereto to be delivered within THIRTY (30) days of the Effective Date. this Agreement; (iv) Governmental Certificates. Certificates of the appropriate government officials of the state of organization of Debtor as to the existence, qualification and good standing of Debtor, dated within THIRTY (30) days after the Effective Date. (v) Loan Documents. The Loan Documents executed by Debtor. (vi) Financing Statements. Code financing statements: (1) covering the Collateral naming Debtor as debtor and Lender as secured party; and/or (2) naming Seller as seller and Debtor as buyer shall have been filed with such filing officers as Lender may request. (vii) Uniform Commercial Code Search. The results of a Code search showing all financing statements and other documents or instruments on file against Debtor and/or Seller in such locations as Lender may reasonably request, such search to be as of a date no more than THIRTY (30) days after to the Effective Date. (viii) Debtor; (v) Fees and Expenses. Evidence that the costs and expenses of Lender (including reasonable out-of-pocket attorneys' fees) and all fees owing to Lender, shall have been paid in full by Debtor. (ix) Certain Agreements. As of the Original Effective Date, copies of each Sale Agreement with each Seller in form and content satisfactory to Lender, and all material contracts and agreements of Debtor as in effect on the Original Effective Date relating to the Consumer Loans, certified as true and correct copies thereof by an authorized Person on behalf of Debtor as of the Original Effective Date, together with a certificate of such authorized Person stating that such agreements remain in full force and effect and that Debtor has not breached or defaulted in any of its obligations under such agreements within THIRTY (30) days of the Effective Date. (x) Debtor; (vi) Other Matters. Such other documents and agreements as may be required by Lender in its reasonable discretion; matters which are deliverable after the Effective Date are set forth on Schedule I attached hereto. (xi) Due Diligence. Lender shall have completed its business, legal and collateral due diligence with respect to Debtor and each Seller and the results thereof shall be acceptable to Lender, in its sole and absolute discretion. 7 (b) All Advances. Loans. The obligation of Lender to make any advance with respect to the Loan under the Credit Facility shall be subject to the following additional conditions precedent: (i) Request for Loan. Lender shall have received in accordance with this Agreement, a request for a Loan in form and content satisfactory to Lender in its reasonable discretion dated as of the date of request and executed by an authorized officer of Debtor. Debtor; (ii) No Event of Default, Etc. No Default Event of Default, event which with the passage of time and/or notice would be an Event of Default, or event which could would reasonably be expected to have a Material Adverse Effect shall have occurred and be continuing, or would result from or after giving effect to such Loan. Loan; and (iii) Representations and Warranties. All of the representations and warranties contained in the Loan Documents shall be true and correct in material respects on and as of the date of such Loan with the same force and effect as if such representations and warranties had been made on and as of such date. View More
