Amendment and Restatement; Effectiveness. (a) This Guaranty shall not become effective until the Effective Date.
Amendment and Restatement; Effectiveness. (a) This Agreement shall not become effective until the Effective Date.
Amendment and Restatement; Effectiveness. (a) This Agreement shall become effective on the Effective Date.
Amendment and Restatement; Effectiveness. The amendment and restatement of the Existing Loan Agreement in the form hereof shall become effective (the “Closing Date”) upon (i) execution of this Loan Agreement by Agent, Lender, Borrower and Guarantor, (ii) execution of the Guaranty by Guarantor, (iii) execution of the Assignment Agreement by all parties thereto, (iv) receipt by Borrower of the duly executed Master Assignment and Assumption, dated as of the Closing Date, among Citizens Asset Finance, Inc. (formerly known as RBS Asset Finance, Inc.) (“Citizens”), U.S. Bank Equipment Finance, a division of U.S. Bank National Association (“U.S. Bank”) and Sumitomo Mitsui Banking Corporation (“SMBC”), as assignors, the other financial institutions party thereto, as assignees, and Agent, in the form of Annex I hereto and (iv) an opinion letter of inhouse counsel to Guarantor. On the Closing Date, (i) this Loan Agreement shall amend and restate the Existing Loan Agreement, (ii) each Existing Equipment Note shall constitute an Equipment Note hereunder and (iii) each Existing Advance shall be deemed to be an Advance hereunder (and shall constitute usage of the Maximum Loan Amount). For the avoidance of doubt, (A) each Existing Equipment Note shall be governed by this Loan Agreement but shall otherwise remain payable on the terms set forth therein and (B) the portion of each Existing Advance that remains unpaid on the Closing Date shall remain owing hereunder and under the applicable Existing Equipment Note pursuant to the terms of such Existing Equipment Note. 2. Equipment Notes;
Amendment and Restatement; Effectiveness. (a) [Intentionally Omitted].
Amendment and Restatement; Effectiveness. The obligation of each Tranche A-2 Term Loan Lender to fund a Tranche A-2 Term Loan and the obligation of each Tranche A-1 Revolving Lender to fund a Tranche A-1 Revolving Loan requested to be made by it on the Amendment and Restatement Effective Date shall be subject to the prior or concurrent satisfaction of each of the conditions precedent set forth in this Section 4.01(B).
Amendment and Restatement; Effectiveness. This letter agreement amends and restates in its entirety that certain Fee Letter dated as of December 20, 2001 among the parties hereto (the "EXISTING FEE LETTER"). This letter agreement is not intended to constitute a novation of the Existing Fee Letter, and all fees that have accrued under the Existing Fee Letter up to the date hereof shall have accrued at the rates specified in the Existing Fee Letter and shall be payable as and when required in accordance with the terms thereof. All fees accruing from and after the date hereof shall accrue at the rates specified in this letter agreement and shall be payable as and when required in accordance with the terms hereof. If the foregoing agreements evidence your understanding, please acknowledge by executing this letter in the space provided below. Very truly yours, BANK ONE, NA (MAIN OFFICE CHICAGO), as Agent By_________________________________ Director, Capital Markets FALCON ASSET SECURITIZATION CORPORATION By_________________________________ Authorized Signatory Acknowledged and Agreed: IDEX RECEIVABLES CORPORATION By____________________________ Name: Title:
Amendment and Restatement; Effectiveness. This Agreement amends and restates in its entirety the Existing Agreement and shall be effective with respect to all parties to the Existing Agreement when executed and delivered by those parties required under Section 9.4 of the Existing Agreement even if this Agreement is not executed and delivered by other Persons whose signature blocks appear on the signature pages hereto. * * * * *
Amendment and Restatement; Effectiveness. The Amendment and Restatement shall become effective as of the first date (the “Restatement Effective Date”) on which the following conditions have been satisfied:
Amendment and Restatement; Effectiveness. This Fee Letter amends, restates and replaces in its entirety that certain Fee Letter dated as of November 11, 2005 among the Seller, Jupiter and the Agent (the “Existing Fee Letter”). This letter agreement is not intended to constitute a novation of the Existing Fee Letter and all fees that have accrued under the Existing Fee Letter up to the date hereof shall be payable as and when required in accordance with the terms thereof. All references in the Purchase Agreement or any other Transaction Document to a “Fee Letter” shall hereafter mean and be a reference to this Fee Letter.
