TCLP » Topics » Section 3.1. Conditions to Effectiveness

This excerpt taken from the TCLP 8-K filed Feb 15, 2007.
Section 3.1.           Conditions to Effectiveness.  The obligations hereunder of the Lender to make the Subordinated Loans shall not become effective until the date on which each of the following conditions is satisfied (or waived in accordance with Section 8.2):

(a)           The Lender shall have received amounts due, including reimbursement or payment of all out-of-pocket expenses (including reasonable fees, charges and disbursements of counsel to the Lender) required to be reimbursed or paid by the Borrower hereunder or under any other Subordinated Loan Document.

(b)           The Lender (or its counsel) shall have received the following:

(i)            a counterpart of this Agreement signed by or on behalf of the Borrower or written evidence satisfactory to the Lender (which may include telecopy transmission of a signed signature page of this Agreement) that the Borrower has signed a counterpart of this Agreement;

(ii)           a duly executed Subordinated Note payable to the Lender; and

(iii)          a duly executed Notice of Borrowing.

This excerpt taken from the TCLP 8-K filed Dec 14, 2006.
Section 3.1.           Conditions To Effectiveness. The obligations of the Lenders (including the Swingline Lender) to make Loans and the obligation of the Issuing Bank to issue any Letter of Credit hereunder shall not become effective until the date on which each of the following conditions is satisfied (or waived in accordance with Section 10.2).

(a)   The Administrative Agent shall have received all fees and other amounts due and payable on or prior to the Closing Date, including reimbursement or payment of all out-of-pocket expenses (including reasonable fees, charges and disbursements of counsel to the Administrative Agent) required to be reimbursed or paid by the Borrower hereunder, under any other Loan Document and under any agreement with the Administrative Agent or SunTrust Capital Markets, Inc., as Arranger.

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EXCERPTS ON THIS PAGE:

8-K
Feb 15, 2007
8-K
Dec 14, 2006
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