Common use of Amendment Effectiveness Clause in Contracts

Amendment Effectiveness. This Amendment shall become effective as of the first date (the “Second Amendment Effective Date”) on which the following conditions have been satisfied: (a) the Administrative Agent (or its counsel) shall have received from (i) the Borrower, (ii) Required Lenders and (iii) the Administrative Agent, either (x) counterparts of this Amendment signed on behalf of such parties or (y) written evidence satisfactory to the Administrative Agent (which may include facsimile or other electronic transmissions of signed signature pages) that such parties have signed counterparts of this Amendment; (b) the Administrative Agent shall have received a Closing Certificate of the Borrower dated the Second Amendment Effective Date, in form and substance satisfactory to the Administrative Agent, with appropriate insertions and attachments (including the articles of incorporation and bylaws of the Borrower (or a certification that there have been no amendments thereto since August 3, 2015)), resolutions of the Board of Directors of the Borrower authorizing the transactions contemplated by this Amendment and as to the incumbency of the officers executing this Amendment on behalf of the Borrower; and (c) the Borrower shall have paid all fees and reimbursed all expenses as the Borrower shall have agreed to pay to the Administrative Agent on or prior to the Second Amendment Effective Date in connection with the negotiation, preparation, execution and delivery of this Amendment, including the reasonable fees and disbursements of its counsel.

Amendment Effectiveness. This The effectiveness of this Amendment shall become effective as of the first date (the “Second Amendment Effective Date”) on which be subject to the following conditions have been satisfiedprecedent: (a) the Administrative Agent (or its counsel) shall have received from (i) each of the BorrowerBorrowers and the Lenders constituting Required Lenders, (ii) Required Lenders a duly executed and (iii) the Administrative Agent, either (x) counterparts delivered counterpart of this Amendment signed on behalf of such parties or (y) written evidence satisfactory to the Administrative Agent (which may include facsimile or other electronic transmissions of signed signature pages) that such parties have signed counterparts of this Amendmentparty; (b) the Administrative Agent shall have received a Closing Certificate the executed legal opinions of the Borrower dated the Second Amendment Effective DateDLA Piper LLP (US), in form and substance satisfactory counsel to the Administrative Agent, with appropriate insertions and attachments (including the articles of incorporation and bylaws of the Borrower (or a certification that there have been no amendments thereto since August 3, 2015)), resolutions of the Board of Directors of the Borrower authorizing the transactions contemplated by this Amendment and as to the incumbency of the officers executing this Amendment on behalf of the Parent Borrower; and; (c) the Borrower Administrative Agent shall have paid received (i) for its account or the account of each Lender entitled thereto all fees and reimbursed all expenses as the Borrower shall have in connection with this Amendment agreed to pay prior to the Amendment Effective Date and all amounts due and payable to the Administrative Agent on or prior to the Second Amendment Effective Date in connection pursuant to the Credit Documents, including, to the extent invoiced prior to the date hereof, reimbursement of all out-of-pocket expenses (including reasonable fees, charges and disbursements of counsel) required to be reimbursed or paid by the Borrowers hereunder or under any other Credit Document; and (d) the Administrative Agent shall have received the Series B Additional Term Loan Joinder Agreement executed and delivered by the Series B Additional Term Loan Lenders party thereto, the Parent Borrower and the Administrative Agent contemporaneously with the negotiation, preparation, execution and delivery effectiveness of this Amendment, including . The date on which such conditions have been satisfied (or waived by the reasonable fees and disbursements of its counselAdministrative Agent) is referred to herein as the “Amendment Effective Date”.

Amendment Effectiveness. This The effectiveness of this Amendment shall become effective as of the first date (the “Second Amendment Effective Date”) on which be subject to the following conditions have been satisfiedprecedent: (a) the Administrative Agent (or its counsel) shall have received from (i) each of the BorrowerBorrowers and the Lenders constituting Required Lenders, (ii) Required Lenders a duly executed and (iii) the Administrative Agent, either (x) counterparts delivered counterpart of this Amendment signed on behalf of such parties or (y) written evidence satisfactory to the Administrative Agent (which may include facsimile or other electronic transmissions of signed signature pages) that such parties have signed counterparts of this Amendmentparty; (b) the Administrative Agent shall have received a Closing Certificate the executed legal opinions of DLA Piper LLP (US), counsel to the Borrower dated the Second Amendment Effective DateParent Borrower, together with all other legal opinions reasonably requested by Administrative Agent in connection with this Amendment, in each case in form and substance reasonably satisfactory to the Administrative Agent, with appropriate insertions and attachments (including the articles of incorporation and bylaws of the Borrower (or a certification that there have been no amendments thereto since August 3, 2015)), resolutions of the Board of Directors of the Borrower authorizing the transactions contemplated by this Amendment and as to the incumbency of the officers executing this Amendment on behalf of the Borrower; and; (c) the Borrower Administrative Agent shall have paid received (i) for its account or the account of each Lender entitled thereto all fees and reimbursed all expenses as the Borrower shall have in connection with this Amendment agreed to pay prior to the Amendment Effective Date and all amounts due and payable to the Administrative Agent on or prior to the Second Amendment Effective Date in connection pursuant to the Credit Documents, including, to the extent invoiced prior to the date hereof, reimbursement of all out-of-pocket expenses (including reasonable fees, charges and disbursements of counsel) required to be reimbursed or paid by the Borrowers hereunder or under any other Credit Document; and (d) the Administrative Agent shall have received the Series B New Term Loan Joinder Agreement executed and delivered by the Series B New Term Loan Lenders party thereto, the Parent Borrower and the Administrative Agent contemporaneously with the negotiation, preparation, execution and delivery effectiveness of this Amendment, including . The date on which such conditions have been satisfied (or waived by the reasonable fees and disbursements of its counselAdministrative Agent) is referred to herein as the “Amendment Effective Date”.