Condition Precedent to the Effectiveness of this Agreement. This Agreement will not become effective until it has been approved by the Audit Committee of the SHC Board.
Condition Precedent to the Effectiveness of this Agreement. This Agreement shall become effective upon the Administrative Agent’s receipt of counterparts of this Agreement executed by the Borrower, the Lenders, the Issuing Lenders and the Administrative Agent (the first date on which the foregoing condition has been satisfied being referred to herein as the “Effective Date”). The Administrative Agent shall promptly notify in writing the Borrower, the Lenders and the Issuing Lenders upon the satisfaction of the condition precedent to the Effective Date.
Condition Precedent to the Effectiveness of this Agreement. 4.1 The effectiveness of this Agreement is subject to the satisfaction of the following conditions, none of which may be waived or modified:
(a) The Initial Shares shall have been issued and delivered to Xxxxxxxx in accordance with the terms and conditions of this Agreement.
(b) GSPAC shall have in effect policies of insurance described in Section 2.1(d) of this Agreement providing coverage through at least May 30, 2008.
(c) GSPAC and HCFP/Xxxxxxx Securities LLC shall have executed and delivered on the date hereof a letter or letters modifying, in the manner described in Schedule 4.1 hereto, the “Insider Letters” that were executed by all of the persons who were securityholders of GSPAC prior to the completion of its initial public offering or who were directors or officers of GSPAC on or prior to the date hereof.
Condition Precedent to the Effectiveness of this Agreement. This Agreement shall not become effective until it has been approved by the Audit Committee of the Board of Directors of Sears Holdings Corporation.
Condition Precedent to the Effectiveness of this Agreement. This Agreement will not become effective until it has been approved by the Audit Committee of the Board of Directors of SHC and by the Audit Committee of the Board of Directors of Buyer. Further, this Agreement will not become effective until the parties (or their Affiliates, as applicable) also execute (collectively the “Related Amendments”): (a) Amendment No. 4 to Services Agreement, (b) Amendment No. 1 to Employee Transition and Administrative Services Agreement, (c) Amendment No. 1 to Shop Your Way Rewards Retail Establishment Agreement, (d) Amendment No. 1 to Trademark License Agreement, and (e) Amendment No. 1 to Supplemental Agreement, (f) Amendment No. 4 to the prior Merchandising Agreement between the Parties, and (g) Amendment No. 2 to Store License Agreement (Outlet).
Condition Precedent to the Effectiveness of this Agreement. This Agreement will not be binding on either Party unless and until it has been approved by the Audit Committee of the Board of Directors of SHLD (or a subcommittee thereof, including the Related Party Transactions Subcommittee).
Condition Precedent to the Effectiveness of this Agreement. The following constitute conditions precedent to the effectiveness of the Commitments of the Lenders and the right of the Borrower to request, and the obligations of the Lenders to make, Advances under this Agreement:
Condition Precedent to the Effectiveness of this Agreement. This Agreement will not become effective until it has been approved by the respective Parties.
Condition Precedent to the Effectiveness of this Agreement. This Agreement will not become effective until it has been approved by the EATC UT Board.
Condition Precedent to the Effectiveness of this Agreement. The effectiveness of this Agreement shall be subject to the Administrative Agent acknowledging receipt of $1,986,001,600, which represents the principal amount of all outstanding loans together with accrued interest thereon, and all fees and other Obligations of the Borrower accrued under the Credit Agreement as of January 30, 2017.
