Nautilus 2009 Annual Report Download - page 293

Section 1.5 Times of Day . Unless otherwise specified, all references herein to times of day shall be references to Pacific time
(daylight or standard, as applicable).
Section 1.6 References to Agreements . Unless otherwise expressly provided herein, definitions of or references to organizational
documents, agreements (including the Loan Documents) and other contractual instruments shall be deemed to include all subsequent
amendments, restatements, extensions, supplements and other modifications thereto, but only to the extent that such amendments, restatements,
extensions, supplements and other modifications are not prohibited by any Loan Document.
Section 1.7 Incorporation of Recitals . The Recitals to this Agreement hereby are incorporated into and constitute a part of this
Agreement.
ARTICLE II
CONDITIONS OF LENDING
Section 2.1 Conditions Precedent . Lender’s agreements, obligations, and commitments under this Agreement (including, but not
limited to, Lender’s agreement to make the initial advance under the Revolving Credit Facility) are subject to fulfillment, or waiver by Lender,
of each of the following conditions on or before the Closing Date:
(a) Lender shall have received the following agreements, documents, certificates, and opinions in form and substance
satisfactory to Lender and, where applicable, duly executed and delivered by the parties thereto:
(i) This Agreement;
(ii) The Note;
(iii) The Pledge Agreement;
(iv) The Security Agreement;
(v) The IP Security Agreements;
(vi) Certificates of insurance or insurance binders evidencing compliance with Section 7.8 of this Agreement and the
applicable provisions of the Security Agreement;
(vii) A certificate of the Secretary of Borrower with respect to resolutions of the directors of Borrower authorizing the
execution and delivery of the Loan Documents and identifying the responsible Person authorized to execute, deliver, and take all other
actions required under this Agreement and the other Loan Documents on behalf of Borrower, and providing specimen signatures of each
such Person;
(viii) The articles of incorporation of Borrower and all amendments and supplements thereto, as filed in the office of the
Washington Secretary of State, certified by the Washington Secretary of State as being a true and correct copy thereof;
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