Common use of Conditions of Effectiveness of this Amendment Clause in Contracts

Conditions of Effectiveness of this Amendment. This Amendment shall become effective as of the date hereof (the “Effective Date”) when, and only when, each of the following conditions precedent has been satisfied and fulfilled to the satisfaction of the Agent: (a) Agent shall have received counterparts of this Amendment duly executed and delivered by the Borrower and Lenders; (b) The representations and warranties contained herein and in each other Loan Document shall be true and correct in all respects, except to the extent that such representations or warranty expressly relates solely to an earlier date; (c) Agent shall have received a reaffirmation and consent in the form attached hereto duly executed by each of the Guarantors; (d) No Default or Event of Default hereunder shall have occurred and be continuing or would result after giving effect to any of the transactions contemplated on the date hereof; (e) Agent shall have received such other documents, instruments, certificates, fees, expenses and agreements as the Agent may reasonably request in connection with the transactions contemplated by this Amendment.

Conditions of Effectiveness of this Amendment. This Amendment shall become effective as of the date hereof (the “Effective Date”) when, and only when, each of the following conditions precedent has been satisfied and fulfilled to the satisfaction of the Agent: (a) Agent shall have received counterparts of this Amendment duly executed and delivered by the Borrower and Lenders; (b) The representations and warranties contained herein and in each other Loan Document shall be true and correct in all respects, except to the extent that such representations or warranty expressly relates solely to an earlier date; (c) Agent shall have received a reaffirmation and consent in the form attached hereto duly executed by each of the Guarantors; (d) No Default or Event of Default hereunder shall have occurred and be continuing or would result after giving effect to any of the transactions contemplated on the date hereof;; Second Amended and Restated Credit Agreement (e) Agent shall have received such other documents, instruments, certificates, fees, expenses and agreements as the Agent may reasonably request in connection with the transactions contemplated by this Amendment.

Conditions of Effectiveness of this Amendment. This Amendment shall become effective as of the date hereof (the “Effective Date”) when, and only when, each of the following conditions precedent has been satisfied and fulfilled to the satisfaction of the Agent: (a) Agent shall have received counterparts of this Amendment duly executed and delivered by the Borrower and Lenders; (b) The representations and warranties contained herein and in each other Loan Document shall be true and correct in all respects, except to the extent that such representations or warranty expressly relates solely to an earlier date; (c) Agent shall have received a reaffirmation and consent in the form attached hereto duly executed by each of the Guarantors; (d) No Default or Event of Default hereunder shall have occurred and be continuing or would result after giving effect to any of the transactions contemplated on the date hereof; (e) Agent shall have received such all other documents, instruments, certificates, fees, expenses and agreements as set forth on the list of deliverables attached as Exhibit A in form and substance satisfactory to Agent and Lenders and as otherwise reasonably requested by the Agent may reasonably request and Lenders in connection with the transactions contemplated by this Amendment; provided, that Borrower shall have 30 days from the Effective Date to provide Agent with a copy of a certificate of the Secretary of State of the State of Ohio certifying the good standing of Borrower in such State.

Conditions of Effectiveness of this Amendment. This Amendment shall become effective as of the date hereof (the “Effective Date”) when, and only when, each of the following conditions precedent has been satisfied and fulfilled to the satisfaction of the Agent: (a) Agent shall have received counterparts of this Amendment duly executed and delivered by the Borrower and the Lenders; (b) The representations and warranties contained herein and in each other Loan Document shall be true and correct in all respects, except to the extent that such representations or warranty expressly relates solely to an earlier date; (c) Agent shall have received a reaffirmation and consent in the form attached hereto duly executed by each of the Guarantors; (d) Agent shall have received a fully executed Amendment No. 4 to the Sale Agreement and the Funding Agreement; (e) No Default or Event of Default hereunder or any “Incipient Termination Event” under (and as defined in Annex X) the Sale Agreement or Funding Agreement (as in effect on the date hereof) shall have occurred and be continuing or would result after giving effect to any of the transactions contemplated on the date hereof; (e) Agent shall have received such other documents, instruments, certificates, fees, expenses and agreements as the Agent may reasonably request in connection with the transactions contemplated by this Amendment.; and

Conditions of Effectiveness of this Amendment. This Amendment shall become effective as of the date hereof (the “Effective Date”) when, and only when, each of the following conditions precedent has been satisfied and fulfilled to the satisfaction of the Agent: (a) Agent shall have received counterparts a counterpart of this Amendment duly executed and delivered by the Borrower and LendersBorrower; (b) The representations and warranties contained herein and in each other Loan Document shall be true and correct in all respects, except to the extent that such representations or warranty expressly relates solely to an earlier date; (c) Agent shall have received a reaffirmation and consent in the form attached hereto duly executed by each of the Guarantors; (d) Agent shall have received an amendment fee letter, in form and substance satisfactory to Agent, duly executed and delivered by the Borrower; (e) No Default or Event of Default hereunder shall have occurred and be continuing or would result after giving effect to any of the transactions contemplated on the date hereof; (ef) Agent shall have received such other documents, instruments, certificates, fees, expenses and agreements as the Agent may reasonably request in connection with the transactions contemplated by this Amendment.