Conditions Clause Example with 6 Variations from Business Contracts

Conditions. The foregoing is subject to the following conditions: A. Agent shall have received a counterpart of this Agreement duly executed by each Loan Party; B. Agent shall have received a counterpart of the Subordination Agreement duly executed by each investor that is purchasing Series B Convertible Note pursuant to the NPA and consented to by Borrower; receiving a March 2013 Subordinated Note; C. Borrower shall have delivered a certificate of an authorized officer of Borrower, providing verification o...f an incumbency and attaching (i) Borrower’s board resolutions approving the transactions contemplated by this Agreement, Agreement and (ii) Borrower’s governing documents, and (iii) an updated perfection certificate; documents; D. Borrower shall have delivered true and complete copies of the Series B Convertible March 2013 Subordinated Notes, the NPA, the October 2012 Charter Amendment and the other amendments referenced herein and such further documents, information, certificates, records and filings as Agent may reasonably request; and E. (i) No Default or Event of Default shall have occurred and be continuing other than the Defaults or Events of Default waived pursuant to Section 2 above, continuing, (ii) all representations and warranties in Section 5 of the Loan Agreement shall be true and correct as of the date hereof, (iii) each condition set forth in this Section 4 of this Agreement shall have been satisfied, and (iv) Agent shall have received a 3 certificate from an authorized officer of Borrower confirming each of the foregoing. View More

Conditions. The foregoing is subject to the following conditions: A. Agent shall have received a counterpart of this Agreement duly executed by each Loan Party; B. Agent shall have received a counterpart of the Subordination Agreement duly executed by each investor that is purchasing Series B Convertible Note pursuant to the NPA and consented to by Borrower; C. Borrower shall have delivered a certificate of an authorized officer of Borrower, providing verification of an incumbency and attaching (i) Borrower...’s board resolutions approving the transactions contemplated by this Agreement, Agreement and (ii) Borrower’s governing documents, and (iii) an updated perfection certificate; documents; D. Borrower shall have delivered true and complete copies of the Series B Convertible Notes, the NPA, the October 2012 Charter Amendment and the other amendments referenced herein and 3 such further documents, information, certificates, records and filings as Agent may reasonably request; and E. (i) No Default or Event of Default shall have occurred and be continuing other than the Defaults or Events of Default waived pursuant to Section 2 above, (ii) all representations and warranties in Section 5 of the Loan Agreement shall be true and correct as of the date hereof, (iii) each condition set forth in this Section 4 of this Agreement shall have been satisfied, and (iv) Agent shall have received a certificate from an authorized officer of Borrower confirming each of the foregoing. View More

Conditions. The foregoing is subject to the following conditions: A. Agent shall have received a counterpart of this Agreement duly executed by each Loan Party; 3 B. Agent shall have received a counterpart of the Subordination Agreement duly executed by each investor that is purchasing Series B Convertible a January 2013 Note pursuant to the NPA, as amended by the NPA Amendment, and consented to by Borrower; C. Borrower shall have delivered a certificate of an authorized officer of Borrower, providing verif...ication of an incumbency and attaching (i) Borrower’s board resolutions approving the transactions contemplated by this Agreement, Agreement and (ii) Borrower’s governing documents, and (iii) an updated perfection certificate; documents; D. Borrower shall have delivered true and complete copies of the Series B Convertible January 2013 Notes, the NPA, NPA Amendment, the October 2012 January 2013 Charter Amendment and the other amendments referenced herein and such further documents, information, certificates, records and filings as Agent may reasonably request; and E. (i) No Default or Event of Default shall have occurred and be continuing other than the Defaults or Events of Default waived pursuant to Section 2 above, (ii) all representations and warranties in Section 5 of the Loan Agreement shall be true and correct as of the date hereof, (iii) each condition set forth in this Section 4 of this Agreement shall have been satisfied, and (iv) Agent shall have received a certificate from an authorized officer of Borrower confirming each of the foregoing. View More

Conditions. The foregoing is subject to the following conditions: A. Agent shall have received a counterpart of this Agreement duly executed by each Loan Party; B. Agent shall have received a counterpart of the Subordination Agreement duly executed by each investor that is purchasing Series B Convertible Note pursuant to the NPA and consented to by Borrower; C. Borrower shall have delivered a certificate of an authorized officer of Borrower, providing verification of an incumbency and attaching (i) Borrower...’s board resolutions approving the transactions contemplated by this Agreement, Agreement and (ii) Borrower’s governing documents, and (iii) an updated perfection certificate; documents; D. Borrower shall have delivered true and complete copies of the Series B Convertible Notes, the NPA, the November 2012 Charter Amendment, the October 2012 Charter Notes Amendment and the other amendments referenced herein and such further documents, information, certificates, records and filings as Agent may reasonably request; and 3 E. (i) No Default or Event of Default shall have occurred and be continuing other than the Defaults or Events of Default waived pursuant to Section 2 above, (ii) all representations and warranties in Section 5 of the Loan Agreement shall be true and correct as of the date hereof, (iii) each condition set forth in this Section 4 of this Agreement shall have been satisfied, and (iv) Agent shall have received a certificate from an authorized officer of Borrower confirming each of the foregoing. View More

Conditions. The foregoing is subject to the following conditions: A. Agent shall have received a counterpart of this Agreement duly executed by each Loan Party; B. Agent shall have received a counterpart of the Subordination Agreement duly executed by each investor that is purchasing Series B Convertible a December 2012 Note pursuant to the NPA, as amended by the NPA Amendment, and consented to by Borrower; C. Borrower shall have delivered a certificate of an authorized officer of Borrower, providing verifi...cation of an incumbency and attaching (i) Borrower’s board 3 resolutions approving the transactions contemplated by this Agreement, Agreement and (ii) Borrower’s governing documents, and (iii) an updated perfection certificate; documents; D. Borrower shall have delivered true and complete copies of the Series B Convertible December 2012 Notes, the NPA, NPA Amendment, the October December 2012 Charter Amendment and the other amendments referenced herein and such further documents, information, certificates, records and filings as Agent may reasonably request; and E. (i) No Default or Event of Default shall have occurred and be continuing other than the Defaults or Events of Default waived pursuant to Section 2 above, (ii) all representations and warranties in Section 5 of the Loan Agreement shall be true and correct as of the date hereof, (iii) each condition set forth in this Section 4 of this Agreement shall have been satisfied, and (iv) Agent shall have received a certificate from an authorized officer of Borrower confirming each of the foregoing. View More

Conditions. The foregoing is subject to the following conditions: A. Agent shall have received a counterpart of this Agreement duly executed by each Loan Party; B. Agent shall have received a counterpart of the 2012 Subordination Agreement duly executed by each investor that is purchasing Series B Convertible a 2012 Note pursuant to the 2011 NPA, as amended by the NPA Amendment, and consented to by the Borrower; C. Borrower shall have delivered a certificate of an authorized officer of the Borrower, providi...ng verification of an incumbency and attaching (i) Borrower’s board resolutions approving the transactions contemplated by this Agreement, (ii) Borrower’s governing documents, and (iii) an updated perfection certificate; D. Borrower shall have delivered true and complete copies of the Series B Convertible 2012 Notes, the NPA, NPA Amendment, the October 2012 Charter Amendment and the other amendments referenced herein and such further documents, information, certificates, records and filings as Agent may reasonably request; and E. (i) No Default or Event of Default shall have occurred and be continuing other than the Defaults or Events of Default waived pursuant to Section 2 above, (ii) all representations and warranties in Section 5 of the Loan Agreement shall be true and correct as of the date hereof, (iii) each condition set forth in this Section 4 of this Agreement shall have been satisfied, and (iv) Agent shall have received a certificate from an authorized officer of the Borrower confirming each of the foregoing. 3 5. Reaffirmation of Debt Documents. By executing and delivering this Agreement, Borrower hereby (i) reaffirms, ratifies and confirms its Obligations under the Loan Agreement, the Notes and the other Debt Documents, (ii) agrees that this Agreement shall be a “Debt Document” under the Loan Agreement and (iii) hereby expressly agrees that the Loan Agreement, the Notes and each other Debt Document shall remain in full force and effect following any action contemplated in connection herewith. View More