Agreement Effectiveness. This Agreement shall become effective upon delivery of fully executed counterparts hereof to each of the parties hereto.
Agreement Effectiveness. This Agreement shall be deemed effective on the date on which each of the following conditions has been satisfied (the “Effective Date”):
(A) the execution and delivery of this Agreement by the parties hereto; and
(B) the Agent shall have received the documents identified in Section 4(o)(W), Section 4(o)(X), Section 4(o)(Y) and Section 4(o)(Z), with the understanding that the form and substance of (a) the legal opinions required by Section 4(o)(W) shall be in the form contained in Exhibits B-1 through B-3, and (b) the comfort letter required by Section 4(o)(X) shall be in the form agreed to as of the Effective Date. The Effective Date must occur prior to the delivery of any Issuance Notice by the Company and the efforts by the Agent to place any Shares.
Agreement Effectiveness. AEPC™ shall have no obligations under this Agreement unless and until this Agreement is executed and delivered by both parties, all Initial Fees as specified on Exhibit D are paid, the Pre-Enrollment Airframe and Engine(s) Reviews have been completed and paid for by Client, and the Covered Airframe and Engine(s) have been accepted by AEPC™.
Agreement Effectiveness. This agreement is made in two originals with the same legal force, of which each party holes one. This agreement shall go into effect from the date of the signature and seal of both parties' authorized representatives.
Agreement Effectiveness. The effectiveness of this Agreement is subject to the satisfaction of the following conditions precedent:
(a) The Administrative Agent shall have received all of the following, each in form and substance reasonably satisfactory to the Administrative Agent:
(i) an original counterpart of this Agreement, duly executed by the Borrower, each other Restricted Person (other than ETP GP and Regency GP), the Incremental Commitment Lenders which constitute the Majority Lenders and acknowledged by the Administrative Agent and each LC Issuer;
(ii) a Note (or replacement Note, as applicable) executed by the Borrower in favor of each Incremental Commitment Lender requesting the same reasonably in advance of the Increase Effective Date;
(iii) a certificate dated as of the Increase Effective Date, signed by a Responsible Officer of the Borrower certifying that each of the conditions to the increase of Commitments contemplated in this Agreement and as set forth in Section 2.18 of the Credit Agreement shall have occurred and been complied with and that, before and after giving effect to the increase of Commitments contemplated by this Agreement, no Default or Event of Default exists;
(iv) a certificate dated as of the Increase Effective Date, signed by Responsible Officers of the Borrower and each Restricted Person certifying that attached thereto is a true and complete copy of (a) its charter (or similar formation document) (or that there have been no changes to its charter (or similar formation document) since delivery thereof to Administrative Agent on the Closing Date except as attached to such certificate), (b) a good standing certificate from its state of organization dated as of a recent date, (c) its bylaws (or similar governing document) (or that there have been no changes to its bylaws (or similar governing document) since delivery thereof to Administrative Agent on the Closing Date except as attached to such certificate), (d) resolutions of its board of directors or other governing body approving and authorizing its execution, delivery and performance of this Agreement, and (e) signature and incumbency certificates of its officers authorized to act as Responsible Officers in connection with this Agreement (or that there have been no changes to the incumbency certificates delivered to Administrative Agent on the Closing Date except as set forth in such certificate); and
(v) a favorable opinion of each of (a) Xxxxxx & Xxxxxxx LLP, counsel to the Restricted Persons...
Agreement Effectiveness. This Agreement shall be deemed effective on the date on which each of the following conditions has been satisfied (the “Effective Date”):
(i) the execution and delivery of this Agreement by the parties hereto; and
(ii) the satisfaction by the Company of the conditions set forth in Section 5.01, with the understanding that the form and substance of (A) the comfort letters required by Section 5.01(e) shall be in the form contained in Exhibit C and (B) the legal opinions required by Section 5.01(f) shall be in the form contained in Exhibit B.
Agreement Effectiveness. This Amendment shall become effective as of the first date (the “Fourth Amendment Effective Date”) on which the following conditions have been satisfied:
(a) The Administrative Agents and the Fourth Amendment Lead Arrangers (or their counsel) shall have received from (i) the Borrowers, (ii) Holdings, (iii) the Company, (iv) each New Revolving Lender, (v) each Term A-4 Lender, (vi) each Term A-5 Lender, (vii) each Administrative Agent, (viii) each Issuing Bank and (ix) the Swingline Lender, either (x) counterparts of this Amendment signed on behalf of such parties or (y) written evidence satisfactory to the Administrative Agents (which may include facsimile or other electronic transmissions of signed signature pages) that such parties have signed counterparts of this Amendment.
(b) The conditions to the effectiveness of the New Revolving Lenders’, the Term A-4 Lenders’ and the Term A-5 Lenders’ consent to this Amendment, the making of their respective Loans and the establishment of their respective Commitments set forth in Section 1.01(g) hereof (other than clause (xiv) thereof) shall have been satisfied.
(c) The Borrowers shall have delivered a notice of prepayment and termination in respect of the Existing Revolving Commitments in accordance with the Credit Agreement and shall have paid in full, or substantially concurrently with the satisfaction of the other conditions precedent set forth in this Section 1.04, shall pay in full the principal amount of any outstanding Revolving Loans (including any Swingline Loans) together with all accrued interest and fees thereon.
(d) The Borrowers shall have paid to the Term Loan A/Revolver Administrative Agent (i) for the account of each New Revolving Lender providing a New Revolving Commitment, a fee in an amount equal to the sum of (x) 0.10% of the aggregate principal amount of the New Revolving Commitments provided by such New Revolving Lender not in excess of the aggregate principal amount of Existing Revolving Commitments, if any, of such New Revolving Lender (or any Affiliate thereof) immediately prior to the Fourth Amendment Effective Date and (y) 0.25% of the aggregate principal amount of the New Revolving Commitments provided by such New Revolving Lender in excess of the aggregate principal amount of Existing Revolving Commitments, if any, of such New Revolving Lender (or any Affiliate thereof) immediately prior to the Fourth Amendment Effective Date and (ii) for the account of each Term A-4 Lender providing...
Agreement Effectiveness. (a) This agreement takes effect upon the date of signing and stamping of the authorized representatives of party A and B.
(b) This agreement is made in two copies, with each party holding one of it.
Agreement Effectiveness. This Agreement shall become effective upon delivery of fully executed counterparts hereof to the Lender and the Lender's subsequent declaration that this Agreement has become effective.
Agreement Effectiveness. This Agreement shall become effective and binding upon each of the Parties (the “Agreement Effective Date”) at the time at which: (a) the Company shall have executed and delivered counterpart signature pages of this Agreement to Akin Gump Xxxxxxx Xxxxx & Xxxx LLP (“Akin”), as counsel to the Consenting Noteholders; (b) the Company shall have paid (i) all reasonable and documented out-of-pocket expenses and fees due to Akin and Xxxxxxxxx & Co., LLC (“Xxxxxxxxx”) incurred to date in connection with the Restructuring shall have been paid, an additional prepetition retainer in the amount of $400,000 shall have been paid to Akin, and the Company shall have withdrawn its termination of Akin and Xxxxxxxxx pursuant to letters dated August 2, 2016 and shall have reinstated Akin and Xxxxxxxxx on the terms set forth in their respective engagement letters (the “Consenting Noteholder Engagement Letters”); (c) the Consenting Noteholders holding at least 66.67% in the aggregate principal amount of the Secured Notes outstanding under the Indentures shall have executed and delivered to Xxxxxxxx & Xxxxx LLP (“K&E”), as counsel to the Company, counterpart signature pages of this Agreement; and (d) each of the Consenting Equityholders shall have executed and delivered to K&E, as counsel to the Company, and to Akin, as counsel to the Consenting Noteholders, counterpart signature pages of this Agreement. 1 Capitalized terms not otherwise defined herein have the meaning set forth in the Term Sheet.
