Common use of Conditions and Effectiveness Clause in Contracts

Conditions and Effectiveness. This Amendment shall become effective on the date first set forth above, provided, however, that the effectiveness of this Amendment is subject to the satisfaction of each of the following conditions: 3.1 Before and after giving effect to this Amendment, the representations and warranties in ARTICLE IV of the Loan Agreement shall be true and correct as though made on the date hereof except for changes that are permitted by the terms of the Loan Agreement. The execution by the Borrower of this Amendment shall be deemed a representation that the Borrower has complied with the foregoing condition. 3.2 Before and after giving effect to this Amendment, no Event of Default or no Default, shall have occurred and be continuing under the Loan Agreement except for those expressly waived by the terms hereof. The execution by the Borrower of this Amendment shall be deemed a representation that the Borrower has complied with the foregoing condition. 3.3 The Bank shall have received the following documents appropriately completed and duly executed by the Borrower and the other Obligors where appropriate: (a) This Amendment appropriately completed and duly executed by the Borrower, together with a resolution of the Borrower authorizing the execution and delivery of this Amendment in form and substance satisfactory to the Bank; and (b) Such other approvals, opinions or documents, as the Bank may reasonably request.

Conditions and Effectiveness. This Amendment shall become effective on the date first set forth above, provided, however, that the effectiveness of this Amendment is subject to the satisfaction of each of the following conditions: 3.1 4.1 Before and after giving effect to this Amendment, the representations and warranties in ARTICLE IV of the Loan Agreement shall be true and correct as though made on the date hereof except for changes that are permitted by the terms of the Loan Agreement. The execution by the Borrower Borrowers of this Amendment shall be deemed a representation that the Borrower has Borrowers have complied with the foregoing condition. 3.2 4.2 Before and after giving effect to this Amendment, no Event of Default or no Default, shall have occurred and be continuing under the Loan Agreement except for those expressly waived by the terms hereof. The execution by the Borrower Borrowers of this Amendment shall be deemed a representation that the Borrower has Borrowers have complied with the foregoing condition. 3.3 4.3 The Bank shall have received the following documents appropriately completed and duly executed by the Borrower Borrowers and the other Obligors where appropriate: (a) This Amendment appropriately completed and duly executed by the BorrowerBorrowers, together with a resolution of each of the Borrower Borrowers authorizing the execution and delivery of this Amendment in form and substance satisfactory to the Bank; (b) An Acknowledgment and Consent duly executed by ENStar in form and substance satisfactory to the Bank; and (bc) An extension fee in the amount of $5,000, the receipt of which is hereby acknowledged; and (d) Such other approvals, opinions or documents, as the Bank may reasonably request.

Conditions and Effectiveness. This Amendment shall become effective on the date first set forth above, provided, however, that the effectiveness of this Amendment is subject to the satisfaction of each of the following conditions: 3.1 Before and after giving effect to this Amendment, the representations and warranties in ARTICLE IV of the Loan Agreement shall be true and correct as though made on the date hereof except for changes that are permitted by the terms of the Loan Agreement. The execution by the Borrower Borrowers of this Amendment shall be deemed a representation that the Borrower has Borrowers have complied with the foregoing condition. 3.2 Before and after giving effect to this Amendment, no Event of Default or no Default, shall have occurred and be continuing under the Loan Agreement except for those expressly waived by the terms hereof. The execution by the Borrower Borrowers of this Amendment shall be deemed a representation that the Borrower has Borrowers have complied with the foregoing condition. 3.3 The Bank shall have received the following documents appropriately completed and duly executed by the Borrower Borrowers and the other Obligors where appropriateappropriate and shall have received the other items described herein: (a) This Amendment appropriately completed and duly executed by the BorrowerBorrowers, together with a resolution of each of the Borrower Borrowers authorizing the execution and delivery of this Amendment in form and substance satisfactory to the Bank; (b) An Acknowledgement and Consent duly executed by ENStar in form and substance satisfactory to the Bank; (c) A $15,000 extension fee in immediately available funds; and (bd) Such other approvals, opinions or documents, as the Bank may reasonably request.

Conditions and Effectiveness. This Amendment shall become effective on the date first set forth above, provided, however, that the effectiveness of this Amendment is subject to the satisfaction of each of the following conditions: 3.1 Before and after giving effect to this Amendment, the representations and warranties in ARTICLE IV of the Loan Agreement shall be true and correct as though made on the date hereof except for changes that are permitted by the terms of the Loan Agreement. The execution by the Borrower Borrowers of this Amendment shall be deemed a representation that the Borrower has Borrowers have complied with the foregoing condition. 3.2 Before and after giving effect to this Amendment, no Event of Default or no Default, shall have occurred and be continuing under the Loan Agreement except for those expressly waived by the terms hereof. The execution by the Borrower Borrowers of this Amendment shall be deemed a representation that the Borrower has Borrowers have complied with the foregoing condition. 3.3 The Bank shall have received the following documents appropriately completed and duly executed by the Borrower Borrowers and the other Obligors where appropriate: (a) This Amendment appropriately completed and duly executed by the BorrowerBorrowers, together with a resolution of each of the Borrower Borrowers authorizing the execution and delivery of this Amendment in form and substance satisfactory to the Bank; (b) An Acknowledgment and Consent duly executed by ENStar in form and substance satisfactory to the Bank; and (bc) Such other approvals, opinions or documents, as the Bank may reasonably request.

Conditions and Effectiveness. This Amendment shall become effective on the date first set forth above, provided, however, that the effectiveness of this Amendment is subject to the satisfaction of each of the following conditions: 3.1 Before and after giving effect to this Amendment, the representations and warranties in ARTICLE IV of the Loan Agreement shall be true and correct as though made on the date hereof except for changes that are permitted by the terms of the Loan Agreement. The execution by the Borrower of this Amendment shall be deemed a representation that the Borrower has complied with the foregoing condition. 3.2 Before and after giving effect to this Amendment, no Event of Default or no Default, shall have occurred and be continuing under the Loan Agreement except for those expressly waived by the terms hereof. The execution by the Borrower of this Amendment shall be deemed a representation that the Borrower has complied with the foregoing condition. 3.3 The Bank shall have received the following documents appropriately completed and duly executed by the Borrower and the other Obligors where appropriate: (a) This Amendment appropriately completed and duly executed by the Borrower, together with a resolution of the Borrower authorizing the execution and delivery of this Amendment in form and substance satisfactory to the Bank; and (b) Such other approvals, opinions or documents, as the Bank may reasonably request.