Condition Precedent to Amendment. The effectiveness of this Amendment is conditioned on the satisfaction in full, in a manner satisfactory to the Purchasers and the Agent, or waiver, of each of the following conditions precedent:
Condition Precedent to Amendment. The amendment contemplated by Section 2 hereof is subject to the satisfaction of the following condition precedent:
Condition Precedent to Amendment. The effectiveness of this Amendment is conditioned on the satisfaction in full, in a manner satisfactory to the Purchasers and the Administrative Agent, or waiver, of each of the following conditions precedent (the time at which all such conditions are so satisfied is referred to herein as the “Amendment No. 1 Effective Date”):
Condition Precedent to Amendment. The effectiveness of this Amendment is conditioned upon Lessor drawing down the Letter of Credit in the amount of US$250,000 in accordance with Section 3(d)(v) of the Lease and applying such amount evenly to Lessee's obligation to pay Basic Rent on September 19, 2001, October 19, 2001, November 19, 2001 and December 19, 2001.
Condition Precedent to Amendment. This Amendment shall not take effect unless on or before September 30, 2008 Vision exercises its J Warrants to purchase shares of MedPro’s Series B Convertible Preferred Stock for at least $6.5 million in cash, and MedPro exercises it right to purchase the Blunt Technology under the Agreement, time being of the essence.
Condition Precedent to Amendment. The consummation of the Offering -------------------------------- and the use of a portion of the proceeds thereof to repay the Term Loan is a condition precedent to the execution of this Agreement and the other agreements, releases and covenants contained herein (including, without limitation, the release of the Existing Borrower, the Guarantors and the Withdrawing Banks).
Condition Precedent to Amendment. As a condition precedent to the effectiveness of this Amendment, (i) each of the parties hereto shall have executed this Amendment and (ii) MBIA shall have received the executed amended and restated premium letters in connection with the Relevant Documents in form and substance satisfactory to MBIA.
Condition Precedent to Amendment. The satisfaction or waiver of the following shall constitute conditions precedent to the effectiveness of this Amendment:
a. Administrative Agent shall have received this Amendment, duly executed and delivered by the parties hereto, and the same shall be in full force and effect.
b. Administrative Agent shall have received the Amendment Fee Letter, dated as of the date hereof, duly executed by Borrowers and Administrative Agent and all fees required to be paid thereunder on the date hereof shall have been paid in immediately funds.
c. Administrative Agent shall have received duly executed copies of the Indenture Documents, the Second Lien Credit Documents, and any related documents reasonably requested by Agent, each of which shall be in form and substance reasonably satisfactory to Administrative Agent.
d. Administrative Agent shall have received all joinder and supplements necessary under the ABL/Term Loan Intercreditor Agreement with respect to the Indentures and the Second Lien Credit Agreement, each of which shall be duly executed by Notes Collateral Agent and the Second Lien Agent, as applicable, and in form and substance reasonably satisfactory to Administrative Agent.
e. Administrative Agent shall have received an Intercreditor Agreement, duly executed by Administrative Agent, Collateral Agent, Notes Collateral Agent, and the Trustee and acknowledged by each Credit Party, which shall be in form and substance reasonably satisfactory to Administrative Agent.
f. The Credit Parties shall deliver Blocked Account Agreements covering the Credit Parties’ deposit accounts maintained with WFB, as and to the extent required pursuant to Section 2.20 of the Credit Agreement.
g. Administrative Agent shall have received: (i) a customary legal opinion of Debevoise & Pxxxxxxx LLP, New York counsel to the Credit Parties; (ii) a customary legal opinion of Fox Rothschild LLP, Pennsylvania and Delaware counsel to the Credit Parties; and (iii) a customary legal opinion of Txxx Xxxxxxxxxx & Hxxxxxxxx LLP, Indiana counsel to the Credit Parties.
h. Administrative Agent shall have received a certificate of an Authorized Officer of each Credit Party listed on the signature pages hereto, dated as of the First Amendment Effective Date and certifying:
i. that attached thereto is a true and complete copy of the Organizational Documents of such Credit Party, (1) in the case of a corporation or limited liability company, certified as of a recent date by the Secretary of State (or ...
Condition Precedent to Amendment. The amendment contemplated by -------------------------------- Section 2 hereof shall be effective when this Amendment shall have been duly executed and delivered by each of Borrowers, Holdings, Agent and Required Lenders.
Condition Precedent to Amendment. This Amendment shall be effective only if Section 5(d)(vii) of the Plan Support Agreement has been amended or simultaneously herewith is amended to replace the words “the first Business Day that is fifteen (15) calendar days following the entry by the Bankruptcy Court of the Confirmation Order” that appear in Section 5(d)(vii) with “April 5, 2013”, to which Purchaser Representative hereby consents.
