Conditions, Effectiveness. The effectiveness of this Amendment shall be subject to the compliance by each Seller Party with its agreements herein contained, and to the delivery of the following to the Agent in form and substance satisfactory to the Agent:
Conditions, Effectiveness. The effectiveness of this Third Amendment shall be subject to the compliance by the Company with its agreements herein contained, and to the delivery of the following to the Agent in form and substance satisfactory to the Agent and the Banks:
Conditions, Effectiveness. The effectiveness of this Second Amendment shall be subject to the compliance by the Borrowers with their agreements herein contained, and to the delivery of the following to Agent in form and substance satisfactory to Agent:
Conditions, Effectiveness. The effectiveness of this Amendment shall be subject to the following conditions precedent:
(a) The Administrative Agent shall have received counterparts of this Amendment executed by the Tribe and Borrower; and
(b) The Administrative Agent shall have received written consents hereto from each of the Lenders substantially in the form of Exhibit A hereto.
Conditions, Effectiveness. The effectiveness of this Fifth Amendment shall be subject to the compliance by the Company with its agreements herein contained, and to the delivery of the following to Agent in form and substance satisfactory to Agent on or before September 15, 2000:
Conditions, Effectiveness. This Amendment shall become effective as of the date (the “Amendment Effective Date”) on which each of the following conditions shall have been satisfied:
(a) The Lender shall have received this Amendment duly executed and delivered on behalf of the Borrower and each Guarantor.
(b) The Borrower shall have paid on or before the Amendment Effective Date all fees and other amounts due and payable by the Borrower to the Lender (including fees and expenses of counsel to lender) in accordance with the Credit Agreement (as amended hereby) to the extent invoiced to the Borrower prior to the Amendment Effective Date.
(c) All consents, licenses and approvals required in connection with the execution, delivery and performance by the Loan Parties of this Amendment shall have been received by the Loan Parties.
Conditions, Effectiveness. This Amendment shall become effective as of the date (the “Amendment Effective Date”) on which each of the following conditions shall have been satisfied:
(a) The Lender shall have received this Amendment duly executed and delivered on behalf of the Borrower and each Guarantor.
(b) the Borrower and each Guarantor shall have delivered evidence that the process agent shall have accepted appointment to receive service of process on the Borrower and such Guarantor, in form and substance reasonably satisfactory to the Lender up to a date six months after the Maturity Date (as amended hereby).
(c) The Borrower shall have paid on or before the Amendment Effective Date all fees and other amounts due and payable by the Borrower to the Lender (including fees and expenses of counsel to lender) in accordance with the Credit Agreement (as amended hereby) to the extent invoiced to the Borrower prior to the Amendment Effective Date.
(d) All consents, licenses and approvals required in connection with the execution, delivery and performance by the Loan Parties of this Amendment shall have been received by the Loan Parties.
Conditions, Effectiveness. The effectiveness of this First Amendment shall be subject to the compliance by the Borrowers with their agreements herein contained, and to the delivery of the following to Agent in form and substance satisfactory to Agent:
Conditions, Effectiveness. The effectiveness of this Amendment ------------------------- shall be subject to the conditions precedent that:
(a) The Administrative Agent shall have received counterparts of this Amendment executed by the Tribe and Borrower;
(b) The Borrower shall have executed an Amendment to the Leasehold Mortgage, in form and substance acceptable to the Administrative Agent, to increase the amount secured by the Leasehold Mortgage to the amount of the Commitment (as increased concurrently with the effectiveness of this Amendment);
(c) The Title Company shall have issued, or shall concurrently issue, an endorsement to the policy of title insurance issued pursuant to Section 9.1 of the Loan Agreement increasing the amount of the insurance provided thereby to $500,000,000 and insuring the continued priority and perfection of the Lien of the Leasehold Mortgage, and arrangements for additional re- insurance acceptable to the Administrative Agent shall have been made;
(d) The Tribe and the Borrower shall have delivered to the Administrative Agent a copy of a resolution or resolutions passed by the Tribal Council and by the Management Board, certified by the Secretary or an Assistant Secretary of Borrower as being in full force and effect on the date hereof, authorizing the execution, delivery and performance of this Amendment and the other instruments, documents and agreements contemplated hereby;
(e) The Administrative Agent shall have received written consents hereto from the Requisite Lenders substantially in the form of Exhibit A hereto;
(f) Borrower shall have paid to the Administrative Agent, for the account of each Lender which has consented hereto, a fee equal to 7.5 basis points times the Pro Rata Share of the Commitment (as in effect prior to ----- this Amendment) held by that Lender;
Conditions, Effectiveness. The effectiveness of this Amendment shall be subject to the compliance by the Company with its agreements herein contained, and to the delivery of the following to the Bank in form and substance satisfactory to the Bank:
