Condition Precedent to Effectiveness. This Agreement shall become effective as of the date (the “Effective Date”), which shall be on or before September 7, 2022, as of which the Administrative Agent shall confirm to the Company that it has received the following, each dated such day, in form and substance satisfactory to the Administrative Agent:
Condition Precedent to Effectiveness. The effectiveness of this Agreement shall be subject to the payment of any outstanding invoices for fees and expenses incurred by Saybrook Restructuring Advisors, LLC and Milbank, Tweed, Xxxxxx & XxXxxx, LLP, with respect to which invoices have been delivered to Xxxxxx Xxxxxxx Ltd. on or before [ ], 2004.
Condition Precedent to Effectiveness. This Agreement shall become effective as of the time of the delivery of all evidence referenced in clause (g) below on the date (the “Effective Date”), which shall be on or before July 22, 2011, as of which the Administrative Agent shall confirm to the Company that it has received the following, each dated such day, in form and substance satisfactory to the Administrative Agent and (except for any Notes) in sufficient copies for each Lender:
Condition Precedent to Effectiveness. This Second Amendment shall become effective on the date that each of the following conditions precedent is satisfied or waived in accordance with Section 8.3 of the Credit Agreement (such date, the “Second Amendment Effective Date”):
(a) The Administrative Agent shall have received counterparts of this Second Amendment executed by the Required Lenders and the Borrower.
(b) The Administrative Agent shall have received (i) copies of the resolutions of the board of directors, authorized subcommittee thereof, or other equivalent body of each Loan Party authorizing the execution, delivery and performance of this Second Amendment, certified as of the Second Amendment Effective Date by an Authorized Officer of such Loan Party, (ii) a certificate of an Authorized Officer of each Loan Party certifying the names and true signatures of the officers of such Loan Party authorized to execute, deliver and perform, as applicable, this Agreement and all other Loan Documents to be delivered by such Loan Party hereunder, (iii) the articles or certificate of incorporation or equivalent document of each Loan Party as in effect on the Second Amendment Effective Date, certified by the Secretary of State (or similar, applicable Governmental Authority) of its state of incorporation or organization as of a recent date, (iv) the by-laws or equivalent document of each Loan Party as in effect on the Second Amendment Effective Date, certified by an Authorized Officer of such Loan Party as of the Second Amendment Effective Date and (v) to the extent such concept is applicable in such jurisdiction, a certificate of good standing or equivalent document for each Loan Party from the Secretary of State (or similar, applicable Governmental Authority) of its state of incorporation or organization as of a recent date.
(c) The Administrative Agent shall have been paid all reasonable and documented costs and out-of-pocket expenses (including, without limitation, reasonable attorney’s fees and legal expenses of the Administrative Agent in accordance with 6(i) below) incurred in connection with this Second Amendment or otherwise required to be paid under the Credit Agreement, to the extent invoiced to the Borrower no later than two Business Days prior to the Second Amendment Effective Date.
(d) The Administrative Agent shall have received a certificate signed by an Authorized Officer of the Borrower, dated as of the Second Amendment Effective Date, certifying that each of the conditions precedent ...
Condition Precedent to Effectiveness. The Parties agree and acknowledge that this Agreement shall be effective only upon the date on or before which both of the following have occurred (such date, the "Effective Date"): (i) the execution and delivery of the Ownership Agreement and the Operating Agreement and all other Collateral Documents; and (ii) the acknowledgment of the Participants' satisfaction of the foregoing condition and the accuracy of the cross-references to the Collateral Documents contained in this Agreement.
Condition Precedent to Effectiveness. This Agreement shall become effective as of the date hereof upon the satisfaction of the following conditions:
Condition Precedent to Effectiveness. Before this Second Modification, (and Bank’s and Borrower’s respective rights and obligations hereunder) shall be effective, Borrower shall have paid to Bank all Bank Expenses incurred by Bank in connection with its entering into this Second Modification.
Condition Precedent to Effectiveness. Notwithstanding anything to the contrary contained in this Agreement, this Agreement shall be binding on the parties hereto only if Lender advances a loan to Landlord that is secured by the Mortgage.
Condition Precedent to Effectiveness. This Amendment shall become effective on the date on which the Administrative Agent shall have received counterparts hereof duly executed and delivered by the Borrower, the Collateral Agent, the Administrative Agent and the Required Lenders.
Condition Precedent to Effectiveness. The amendment to the Loan Agreement set forth herein shall be deemed effective once:
(a) The Lender has received duly executed counterparts of this Agreement from the Borrower and the Lender.
(b) The Lender has received a duly executed Amended and Restated Subordinated Promissory Note in form and substance satisfactory to the Lender.
(c) The Lender has received duly executed counterparts of the Subordination and Intercreditor Agreement among the Borrower, certain affiliates of Borrower, Lender and Enlightenment Capital Solutions Fund II, L.P.
