Additional Condition Precedent. For the purposes of Section 2(a)(iii) of the Agreement, it shall be an additional condition precedent that no Additional Termination Event with respect to the other party shall have occurred and be continuing.
Additional Condition Precedent. In addition to the conditions set forth in Article X of the Agreement, the obligations of the Receiver are subject to the satisfaction of the following condition: each of the Other Acquirers shall have entered into its respective Other Branch Agreement and all of the conditions to the Receiver's and each such Other Acquirer's obligations set forth in Article X of the Agreement shall have been satisfied or waived.
Additional Condition Precedent. For the purposes of Section 2(a)(iii) it shall be a condition precedent that no Additional Termination Event with respect to the other party shall have occurred and be continuing. A Non-defaulting Party’s or Non-affected Party’s right to withhold payments or deliveries under Section 2(a)(iii) shall be limited to a period of 90 days after the relevant Event of Default, Potential Event of Default or Additional Termination Event. After the expiration of such 90-day period, the Non-defaulting Party or Non-affected Party, as applicable, shall resume performing its obligations under Section 2(a)(i) but shall not be deemed to have waived its right to name an Early Termination Date as a result of such Event of Default, Potential Event of Default or Additional Termination Event.
Additional Condition Precedent. In addition to the conditions precedent described in Section 4, the effectiveness of the Waiver with respect to the Event is subject to the additional condition precedent that the Company file on or before November 15, 2002 a registration statement to register for resale an additional 750,000 shares of its Common Stock issuable upon conversion of the Notes, with such date of filing being referred to in this letter as the "Registration Statement Date."
Additional Condition Precedent. If the funding of the initial Loan hereunder shall not have occurred before July 1, 2002 and the Borrower shall not have elected to increase the Commitment Fee Percentage pursuant to Section 2.4(a), evidence (including, without limitation, a certificate executed and delivered by a Financial Officer to such effect) that, since the date of the most recent audited consolidated Financial Statements of the Companies, there shall not have occurred any Material Adverse Effect.
Additional Condition Precedent. The obligations of BSI and Sun to consummate and effect the Merger also shall be subject to the condition that BSI shall have secured, on or prior to the earlier to occur of the mailing of the Joint Proxy Statement/Prospectus or January 15, 1997 (the "Financing Termination Date"), a commitment letter in customary form (the "Commitment") for debt financing in addition to that already in place of not less than $5,000,000 for purposes of the consummation of the Merger. The Commitment shall be from a lender reasonably acceptable to Sun. BSI shall deliver a copy of the Commitment to Sun on or prior to the Financing Termination Date. In the event that BSI has not secured the Commitment and delivered a copy of the same to Sun on or prior to the Financing Termination Date, BSI or Sun each shall be entitled to terminate this Agreement at any time thereafter upon written notice to the other in the manner provided for in Article VI of this Agreement.
Additional Condition Precedent. Subparagraph (f) of Section 6.1 of the Agreement, as created by the Fourth Amendment, is hereby amended by deleting therefrom the last three sentences of such Subparagraph (f) and replacing therewith the following:
Additional Condition Precedent. In addition to the satisfaction of all the other conditions precedent specified in Article 4 of the Loan and Security Agreement and this Supplement, Lender’s obligation to fund the Growth Capital Loan under Lender’s Commitment is subject to receipt by Lender of evidence satisfactory to it, as determined by Lender in its reasonable judgment, that as of the Borrowing Date of such Loan, Borrower does not have any outstanding Indebtedness to SVB. Subject to the foregoing and the other terms and conditions of the Loan and Security Agreement and this Supplement, Lender agrees to make a Growth Capital Loan to Borrower from the Closing Date up to and including the Termination Date in an original principal amount up to but not exceeding the Commitment.
Additional Condition Precedent. In addition to the conditions set forth in Section 2.19 of the Credit Agreement, the [new] [increased] Revolving Commitment of the Revolving Lender shall not be effective until consummation of a Convertible Debt Issuance by Borrower and the corresponding repayment of the Term Loans pursuant to Section 2.10(d) of the Credit Agreement. The Increase Effective Date shall be the date of consummation of such Convertible Debt Issuance and such corresponding repayment of the Term Loans; provided, that if such Convertible Debt Issuance has not been consummated prior to the date that is 90 days from the date hereof, the [new] [increased] Revolving Commitment of the Revolving Lender shall terminate on such 90th day unless otherwise agreed in writing by the Revolving Lender.
Additional Condition Precedent. Section 6.2 of the Agreement is hereby amended by adding the following new Subparagraph (e):
