Condition Precedent Clause Example with 12 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. Notwithstanding any contrary provision, this Amendment shall be effective on the first Business Day upon which all of the following conditions precedent have been satisfied (the "Effective Date"): (a) Lender shall have received counterparts of this Amendment executed by Borrower, Lender, and each other party set forth on the signature pages hereto, and the original executed Amended and Restated Note; (b) Lender shall have received satisfactory evidence that Borrower has paid the fees and expense...s of counsel described in Section 5; (c) No Default or Event of Default shall have occurred and be continuing or shall result after giving effect to this Amendment; (d) Lender shall have received (i) an officer's certificate of an authorized officer of Borrower certifying and attaching true and correct copies of its most recent Constituent documents and (ii) a certified copy, signed by Borrower's secretary, of a resolution of the board of directors of Borrower authorizing this Amendment and the Amended and Restated Promissory Note; (e) Lender shall have returned to Borrower, or to Borrower's attorney to be held in escrow, the original of the Original Note; and (f) Lender shall have received such other instruments and documents incidental and appropriate to the transactions provided for herein as Lender or its counsel may reasonably request, and all such documents shall be in form and substance satisfactory to Lender (it being agreed that execution of this Amendment by Lender shall evidence that the foregoing conditions have been fulfilled). View More

Variations of a "Condition Precedent" Clause from Business Contracts

Condition Precedent. Notwithstanding any contrary provision, this Amendment shall be effective on the first Business Day upon which all of the following conditions precedent have been satisfied (the "Effective Date"): (a) Lender shall have received counterparts of this Amendment executed by Borrower, Lender, and each other party set forth on the signature pages hereto, and the original executed Amended and Restated Note; (b) Lender shall have received satisfactory evidence that Borrower has paid the fees and expense...s of counsel described in Section 5; (c) No Default or Event of Default shall have occurred and be continuing or shall result after giving effect to this Amendment; (d) Lender shall have received (i) an officer's certificate of an authorized officer of Borrower certifying and attaching true and correct copies of its most recent Constituent documents and (ii) a certified copy, signed by Borrower's secretary, of a resolution of the board of directors of Borrower authorizing this Amendment and the Amended and Restated Promissory Note; (e) Lender shall have returned to Borrower, or to Borrower's attorney to be held in escrow, the original of the Original Note; and (f) Lender shall have received such other instruments and documents incidental and appropriate to the transactions provided for herein as Lender or its counsel may reasonably request, and all such documents shall be in form and substance satisfactory to Lender (it being agreed that execution of this Amendment by Lender shall evidence that the foregoing conditions have been fulfilled). 4 3. Reaffirmation of Loan Documents and Liens. Except as amended and modified hereby, any and all of the terms and provisions of the Loan Agreement and the other Loan Documents shall remain in full force and effect and are hereby in all respects ratified and confirmed by Borrower. Borrower hereby agrees that, except as expressly provided in this Amendment, the amendments and modifications herein contained shall in no manner affect or impair the liabilities, duties and obligations of Borrower under the Loan Agreement and the other Loan Documents or the Liens securing the payment and performance thereof. Borrower further confirms that the liens and security interests in the Collateral created under the Loan Documents secure, among other indebtedness, Borrower's obligations under the Loan Documents, and all modifications, amendments, renewals, extensions, and restatements thereof. View More
Condition Precedent. Notwithstanding any contrary provision, this Amendment shall be effective on the first Business Day day upon which all of the following conditions precedent have been satisfied (the "Effective Date"): (a) Lender (a)Lender shall have received counterparts of this Amendment executed by Borrower, Lender, Borrower and each other party set forth on Lender; (b)Lender shall have received a counterpart of the signature pages hereto, and the original executed Second Amended and Restated Note; (b) Promiss...ory Note executed by Borrower (the "Second Amended and Restated Note"); (c)Lender shall have received counterparts of that certain Waiver Letter dated as of the date hereof, executed by Borrower and Lender (the "Waiver Letter"); (d)Lender shall have received an officer's certificate of an authorized officer of Borrower certifying and attaching (i) true and correct copies of Borrower's most recent Constituent Documents and Bank's most recent bylaws, (ii) a true and correct copy of such resolutions of the board of directors or similar governing body of Borrower authorizing this Amendment and the Second Amended and Restated Promissory Note, (iii) a certificate of good standing from the Borrower's jurisdiction of formation and any other jurisdiction wherein the failure to be qualified and in good standing would cause a Material Adverse Change and (iv) an incumbency of officers; (e)Lender shall have received (i) the results of a Uniform Commercial Code search showing all financing statements and other documents or instruments on file against Borrower in the office of the Secretary of State of Florida and (ii) Uniform Commercial Code financing statements and amendments in form and substance satisfactory to Lender in its sole discretion, in each case listing Borrower as debtor and covering the Collateral; (f)Lender shall have received satisfactory evidence that Borrower has paid the fees and expenses of counsel described in Section 5; (c) No 6 below; (g)No Default or Event of Default Default, other than as waived by the Waiver Letter, shall have occurred and be continuing or shall result after giving effect to this Amendment; (d) Lender shall have received (i) an officer's certificate of an authorized officer of Borrower certifying and attaching true and correct copies of its most recent Constituent documents and (ii) a certified copy, signed by Borrower's secretary, of a resolution of the board of directors of Borrower authorizing this Amendment and the Amended and Restated Promissory Note; (e) Lender shall have returned to Borrower, or to Borrower's attorney to be held in escrow, the original of the Original Note; and (f) Lender (h)Lender shall have received such other instruments and documents incidental and appropriate to the transactions provided for herein as Lender or its counsel may reasonably request, and all such documents shall be in form and substance satisfactory to Lender (it being agreed that execution of this Amendment by Lender shall evidence that the foregoing conditions have been fulfilled). View More
Condition Precedent. Notwithstanding any contrary provision, this Amendment shall be effective on the first Business Day day upon which all of the following conditions precedent have been satisfied (the "Effective Date"): (a) Lender (a)Lender shall have received counterparts of this Amendment executed by Borrower, Lender, Borrower and each other party set forth on Lender; (b)Lender shall have received a counterpart of the signature pages hereto, and the original executed Amended and Restated Note; (b) Lender Promiss...ory Note executed by Borrower; (c)Lender shall have received satisfactory evidence that Borrower has paid the fees and expenses of counsel described in Section 5; (c) No 5 below; (d)No Default or Event of Default shall have occurred and be continuing or shall result after giving effect to this Amendment; (d) Lender shall have received (i) an officer's certificate of an authorized officer of Borrower certifying and attaching true and correct copies of its most recent Constituent documents and (ii) a certified copy, signed by Borrower's secretary, of a resolution of the board of directors of Borrower authorizing this Amendment and the Amended and Restated Promissory Note; (e) Lender shall have returned to Borrower, or to Borrower's attorney to be held in escrow, the original of the Original Note; and (f) Lender (e)Lender shall have received such other instruments and documents incidental and appropriate to the transactions provided for herein as Lender or its counsel may reasonably request, and all such documents shall be in form and substance satisfactory to Lender (it being agreed that execution of this Amendment by Lender shall evidence that the foregoing conditions have been fulfilled). View More
Condition Precedent. Notwithstanding any contrary provision, this Amendment shall be effective on the first Business Day upon which all of the following conditions precedent have been satisfied (the "Effective Date"): (a) Lender shall have received counterparts of this Amendment executed by Borrower, Lender, and each other party set forth on the signature pages hereto, and the original executed Amended and Restated Note; hereto; (b) Lender shall have received satisfactory evidence that Borrower has paid the fees and... expenses of counsel described in Section 5; 5 that have been invoiced prior to the Effective Date; (c) No Default or Event of Default shall have occurred and be continuing or shall result after giving effect to this Amendment; (d) Lender shall have received (i) an officer's certificate of an authorized officer of Borrower certifying and attaching true and correct copies of its most recent Constituent documents and (ii) a certified copy, signed by Borrower's secretary, of a resolution of the board of directors of Borrower authorizing this Amendment and the Amended and Restated Promissory Note; (e) Lender shall have returned to Borrower, or to Borrower's attorney to be held in escrow, the original of the Original Note; and (f) Lender shall have received such other instruments and documents incidental and appropriate to the transactions provided for herein as Lender or its counsel may reasonably request, and all such documents shall be in form and substance satisfactory to Lender (it being agreed that execution of this Amendment by Lender shall evidence that the foregoing conditions have been fulfilled). View More
Condition Precedent. Notwithstanding any contrary provision, this Amendment shall be effective on the first Business Day upon which all of the following conditions precedent have been satisfied (the "Effective Date"): (a) Lender shall have received counterparts of this Amendment executed by Borrower, Lender, and each other party set forth on the signature pages hereto, and the original executed Amended and Restated Note; Note: (b) Lender shall have received satisfactory evidence that Borrower has paid the fees and e...xpenses of counsel described in Section 5; (c) No Default or Event of Default shall have occurred and be continuing or shall result after giving effect to this Amendment; Amendment· (d) Lender shall have received (i) an officer's certificate of an authorized officer of Borrower certifying and attaching true and correct copies of its most recent Constituent documents and (ii) a certified copy, signed by Borrower's secretary, of a resolution of the board of directors of Borrower authorizing this Amendment and the Amended and Restated Promissory Note; (e) Lender shall have returned to Borrower, or to Borrower's attorney to be held in escrow, the original of the Original Note; and (f) Lender shall have ha e received such other instruments and documents incidental and appropriate to the transactions transaction provided for herein as Lender or its counsel may reasonably request, and all such documents shall be in form and substance satisfactory to Lender (it being agreed that execution of this Amendment by Lender shall evidence that the foregoing conditions have been fulfilled). View More
Condition Precedent. Notwithstanding any contrary provision, this Amendment shall be effective on the first Business Day upon which all of the following conditions precedent have been satisfied (the "Effective Date"): (a) Lender shall have received counterparts of this Amendment executed by Borrower, Lender, and each other party set forth on the signature pages hereto, and the original executed Amended and Restated Note; hereto; (b) Lender shall have received satisfactory evidence that Borrower has paid the fees and... expenses of counsel described in Section 5; (c) No Default or Event of Default shall have occurred and be continuing or shall result after giving effect to this Amendment; (d) Lender shall have received (i) an officer's certificate of an authorized officer of Borrower certifying and attaching true and correct copies of its most recent Constituent documents and (ii) a certified copy, signed by Borrower's secretary, of a resolution of the board of directors of Borrower authorizing this Amendment and the Amended and Restated Promissory Note; (e) Lender shall have returned to Borrower, or to Borrower's attorney to be held in escrow, the original of the Original Note; and (f) Lender shall have received such other instruments and documents incidental and appropriate to the transactions provided for herein as Lender or its counsel may reasonably request, and all such documents shall be in form and substance satisfactory to Lender (it being agreed that execution of this Amendment by Lender shall evidence that the foregoing conditions have been fulfilled). View More
Condition Precedent. Notwithstanding any contrary provision, this Amendment shall be effective on the first Business Day upon which all of the following conditions precedent have been satisfied (the "Effective Date"): (a) Lender shall have received counterparts of this Amendment executed by Borrower, Lender, and each other party set forth on the signature pages hereto, and the original executed Amended and Restated Note; hereto; (b) Lender shall have received satisfactory evidence that Borrower has paid the fees and... expenses of counsel described in Section 5; (c) No Default or Event of Default shall have occurred and be continuing or shall result after giving effect to this Amendment; (d) Lender shall have received (i) an officer's certificate of an authorized officer of Borrower certifying and attaching true and correct copies of its most recent Constituent documents and (ii) a certified copy, signed by Borrower's secretary, of a resolution of the board of directors of Borrower authorizing this Amendment and the Amended and Restated Promissory Note; (e) Lender shall have returned to Borrower, or to Borrower's attorney to be held in escrow, the original of the Original Note; and (f) Lender shall have received such other instruments and documents incidental and appropriate to the transactions provided for herein as Lender or its counsel may reasonably request, and all such documents shall be in form and substance satisfactory to Lender (it being agreed that execution of this Amendment by Lender shall evidence that the foregoing conditions have been fulfilled). View More
Condition Precedent. Notwithstanding any contrary provision, this Amendment shall be effective on the first Business Day upon which all of the following conditions precedent have been satisfied (the "Effective Date"): (a) Lender shall have received counterparts of this Amendment executed by Borrower, Lender, and each other party set forth on the signature pages hereto, and the original executed Amended and Restated Note; (b) Lender shall have received satisfactory evidence that Borrower has paid the fees and expense...s of counsel described in Section 5; (c) No Default or Event of Default shall have occurred and be he continuing or shall result after giving effect to this Amendment; Amendment: (d) Lender shall have received (i) an officer's certificate of an authorized officer of Borrower certifying and attaching true and correct copies of its most recent Constituent documents and (ii) a certified copy, signed by Borrower's secretary, of a resolution of the board of directors of Borrower authorizing this Amendment and the Amended and Restated Promissory Note; (e) Lender shall have returned to Borrower, or to Borrower's attorney to be held in escrow, the original of the Original Note; and (f) Lender shall have received such other instruments and documents incidental and appropriate to the transactions provided for herein as Lender or its counsel may reasonably request, and all such documents shall be in form and substance satisfactory to Lender (it being agreed that execution of this Amendment by Lender shall evidence that the foregoing conditions have been fulfilled). View More
Condition Precedent. Notwithstanding any contrary provision, this Amendment shall be effective on the first Business Day upon which all of the following conditions precedent have been satisfied (the "Effective Date"): (a) Lender shall have received counterparts of this Amendment executed by Borrower, Lender, and each other party set forth on the signature pages hereto, and the original executed Third Amended and Restated Note; (b) Lender shall have received satisfactory evidence that Borrower has paid the fees and e...xpenses of counsel described in Section 5; (c) No Default or Event of Default shall have occurred and be continuing or shall result after giving effect to this Amendment; (d) Lender shall have received (i) an officer's certificate of an authorized officer of Borrower certifying and attaching true and correct copies of its most recent Constituent documents and (ii) a certified copy, signed by Borrower's secretary, of a resolution of the board of directors of Borrower authorizing this Amendment and the Amended and Restated Promissory Note; (e) Lender shall have returned to Borrower, or to Borrower's attorney to be held in escrow, the original of the Original Note; and (f) Lender shall have received such other instruments and documents incidental and appropriate to the transactions provided for herein as Lender or its counsel may reasonably request, and all such documents shall be in form and substance satisfactory to Lender (it being agreed that execution of this Amendment by Lender shall evidence that the foregoing conditions have been fulfilled). View More
Condition Precedent. Notwithstanding any contrary provision, this Amendment shall be effective on the first Business Day upon which all of the following conditions precedent have been satisfied (the "Effective Date"): (a) Lender shall have received counterparts of this Amendment executed by Borrower, Lender, and each other party set forth on the signature pages hereto, hereto; (b) Lender shall have received written consent from Freddie Mac, consenting to Borrower and the original executed Amended and Restated Note; ...(b) Lender entering into this Amendment; (c) Lender shall have received satisfactory evidence that Borrower has paid the fees and expenses of counsel described in Section 5; (c) (d) No Default or Event of Default shall have occurred and be continuing or shall result after giving effect to this Amendment; (d) (e) Lender shall have received (i) an officer's certificate of an authorized officer of Borrower certifying and attaching true and correct copies of its most recent Constituent documents and (ii) a certified copy, signed by Borrower's secretary, of a resolution of the board of directors of Borrower authorizing this Amendment and the Amended and Restated Promissory Note; (e) Lender shall have returned to Borrower, or to Borrower's attorney to be held in escrow, the original of the Original Note; Amendment; and (f) Lender shall have received such other instruments and documents incidental and appropriate to the transactions provided for herein as Lender or its counsel may reasonably request, and all such documents shall be in form and substance satisfactory to Lender (it being agreed that execution of this Amendment by Lender shall evidence that the foregoing conditions have been fulfilled). View More
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