Conditions of Effectiveness of this Agreement Sample Clauses

Conditions of Effectiveness of this Agreement. This Agreement shall become effective as of the date hereof (the “Effective Date”) when, and only when: (a) The Agent shall have received counterparts of this Agreement duly executed and delivered by the Borrowers and the Accounts Bank; (b) The Agent shall have received the Updated 13-Week Cash Flow Forecast (as defined below) in form and substance acceptable to the Agent; (c) The Agent shall have received an agreement, in form and substance satisfactory to the Agent, pursuant to which Wachovia, as agent, and the other lenders party thereto have agreed to continue to forbear from exercising their rights against Pacific Ethanol Inc. (“PEI”) and Kinergy Marketing, LLC (“Kinergy”) pursuant to the terms of their financing arrangements with PEI and Kinergy co-terminous with the Forbearance Period and such forbearance shall be in full force and effect; (d) The Agent shall have received an agreement, in form and substance satisfactory to the Agent, pursuant to which Xxxxx United, LLC agrees to forbear from exercising its rights against PEI, Pacific Ethanol California, Inc., and Pacific Ag Products, LLC, pursuant to the terms of that certain Loan Restructuring Agreement dated as of November 7, 2008 and the other instruments referred to therein, for a forbearance period co-terminous with the Forbearance Period and such forbearance shall be in full force and effect; (e) All of the representations and warranties of the Borrowers contained in this Agreement shall be true and correct on and as of the Effective Date (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true and correct as of such earlier date); and (f) The Agent shall have received payment in full of all fees and expenses due and payable in accordance with the terms of this Agreement and the Credit Agreement (including reasonable and documented legal fees and expenses of the Agent’s counsel and other advisors).

Conditions of Effectiveness of this Agreement. The effectiveness of this Amendment is expressly conditioned upon satisfaction of each of the following conditions precedent:

Conditions of Effectiveness of this Agreement. This Agreement shall become effective as of the first date (the "EFFECTIVE DATE") that (i) the Agent and the Borrower shall have received counterparts of this Agreement executed by the Borrower, each Guarantor, the Agent and the Required Lenders and (ii) each of the following conditions precedent shall have been satisfied: (a) The Borrower shall have paid to the Agent, for the benefit of each of the Lenders listed in Schedule I hereto, an aggregate principal amount of $50,000,000; such amount being a voluntary repayment of an aggregate principal amount of $50,000,000 of the Advance. (b) No event shall have occurred and be continuing that constitutes a Default, other than the Existing Defaults. (c) Verizon shall have executed and delivered a standstill agreement, in form and substance satisfactory to the Agent, agreeing to forbear from taking actions of the type specified in Section 3(d) for so long as the standstill provisions under Section 1 (and Section 5, if applicable), and the waiver in Section 6, are in full force and effect.

Conditions of Effectiveness of this Agreement. This Agreement shall become effective as the date first written above (the “Effective Date”) upon the Administrative Agent’s receipt of (a) counterparts of this Agreement duly executed each EaglePicher Party, the Committed Purchaser, the Collateral Agent and the Administrative Agent and (b) an amendment fee in an amount equal to $100,000 in immediately available funds (which shall be fully earned and non-refundable as of the date paid).

Conditions of Effectiveness of this Agreement. This Agreement shall become effective as of the date hereof (the “Effective Date”) when, and only when: (a) The Agent shall have received counterparts of this Agreement duly executed and delivered by the Borrower Parties and the Requisite Lenders; (b) All of the representations and warranties of the Borrower Parties contained in this Agreement shall be true and correct on and as of the Effective Date (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true and correct as of such earlier date); (c) The Agent shall have received, for the account and benefit of the Lenders, a forbearance fee in cash in the amount of 0.5% of the aggregate outstanding amount of Loans on the date hereof; and (d) The Agent shall have received payment in full of all fees and expenses due and payable in accordance with the terms of this Agreement and the Credit Agreement (including the reasonable and documented legal fees and expenses of the Agent’s counsel and the fees and out-of-pocket expenses of its financial advisor, Xxxxxx Del Genio Xxxxx & Co. (“CDG”) invoiced at least one day prior to the anticipated Effective Date of this Agreement).

Conditions of Effectiveness of this Agreement. This Agreement shall become effective on the date when the following conditions shall have been satisfied or waived (such date, the “Effective Date”):

Conditions of Effectiveness of this Agreement. This Agreement shall become effective as of the date hereof (the “Effective Date”) when, and only when: (a) Lender and Xxxxx Mechanical shall have received counterparts of this Agreement duly executed and delivered by the PE Parties, and Lender and Xxxxx Mechanical shall have executed this Agreement; (b) Lender and Xxxxx Mechanical shall have received a copy of the final form of a forbearance agreement as executed by WestLB, in form and substance satisfactory to Lender and Xxxxx Mechanical, regarding the WestLB Credit Agreement (the “WestLB Forbearance Agreement”), providing for a forbearance period co-terminous with the Forbearance Period hereunder, and such forbearance shall be in full force and effect; (c) Lender and Xxxxx Mechanical shall have received a copy of a final form of a forbearance agreement executed by Wachovia, in form and substance satisfactory to Lender and Xxxxx Mechanical, regarding the Wachovia Loan Agreement (the “Wachovia Forbearance Agreement”), providing for a forbearance period co-terminous with the Forbearance Period hereunder, and such forbearance shall be in full force and effect; (d) Lender and Xxxxx Mechanical shall have received evidence satisfactory to them that the Company has received loan proceeds of not less than $2 million nor more than $3 million from the issuance of the Junior Notes, which Junior Notes shall be satisfactory in all respects (including, without limitation, term and ranking) to Lender and Xxxxx Mechanical; and (e) All of the representations and warranties of the PE Parties contained in this Agreement shall be true and correct on and as of the Effective Date (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true and correct as of such earlier date).

Conditions of Effectiveness of this Agreement. This Agreement shall become effective on the date when the following conditions shall have been satisfied or waived (such date, the “First Amendment Effective Date”): (a) The Administrative Agent’s receipt of this Agreement, duly executed by the Borrower, the Subsidiary Guarantors, the Administrative Agent and the Required Lenders. (b) The representations and warranties in Section 3 of this Agreement shall be true and correct as of the First Amendment Effective Date.

Conditions of Effectiveness of this Agreement. This Agreement shall become effective as of the first date (the "EFFECTIVE DATE") that (i) the Agent and the Borrower shall have received counterparts of this Agreement executed by the Borrower, each Guarantor, the Agent and the Required Lenders and (ii) each of the following conditions precedent shall have been satisfied: (a) The Borrower shall have paid to the Agent, for the benefit of each of the Lenders listed in Schedule I hereto, an aggregate principal amount of $100,000,000; such amount being a voluntary repayment of an aggregate principal amount of $100,000,000 of the Advance. (b) No event shall have occurred and be continuing that constitutes a Default, other than the Existing Defaults.

Conditions of Effectiveness of this Agreement x. Xxxxxxx acknowledges and agrees that Xxxxxxx has been offered a period of up to twenty-one days to review this agreement and release with any attorneys, financial advisors or immediate family members, that Xxxxxxx has been advised by the Company to do so, and to the extent Xxxxxxx desires, has done so, that Xxxxxxx has used the full twenty-one day period for such review or has voluntarily chosen to execute this agreement and release before the end thereof, that Xxxxxxx has read and understood this release and that Xxxxxxx has knowingly and voluntarily agreed to all the terms of this agreement and release and that Xxxxxxx has signed this release voluntarily without any coercion. b. [Intentionally Omitted]