Conditions on Effectiveness Sample Clauses

Conditions on Effectiveness. This Amendment shall become effective as of the date hereof when, and only when, the Buyer has received a counterpart of this Amendment duly executed by the Seller.
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Conditions on Effectiveness. This Amendment shall become effective as of the date hereof when, and only when, each of the following conditions has been met or duly waived by the Lenders in writing: (a) Receipt by the Administrative Agent of counterparts of this Amendment duly executed by the Borrower, each Guarantor, each Incremental Term Lender, each Incremental Revolving Lender, each Incremental DDTL Lender, each other Lender and the Administrative Agent; (b) Before and after giving effect to the First Amendment Incremental Term Loan, the First Amendment Incremental Revolving Commitment, the First Amendment DDTL Commitment and the consummation of the Viking Acquisition, (i) all conditions to Borrowing required pursuant to Section 3.2 of the Credit Agreement, as applicable, are satisfied and (ii) Holdings and its Restricted Subsidiaries are in compliance with the Financial Covenants, calculated in accordance with Section 2.23(a)(iv) of the Credit Agreement, in each case, after giving effect to this Amendment; (c) Receipt by the Administrative Agent of legal opinions and authorizing resolutions, in each case, with respect to the First Amendment Incremental Term Loan, the First Amendment Incremental Revolving Commitment and the First Amendment DDTL Commitment and consistent with those delivered on the Closing Date, other than changes to such legal opinions resulting from a change in law or change in fact or otherwise approved by the Administrative Agent; (d) Receipt by the Administrative Agent of a certificate executed by a Responsible Officer of the Borrower certifying that each of the conditions in Section 2.23(a) of the Credit Agreement (other than the condition in Section 2.23(a)(i)) has been satisfied; (e) To the extent requested by any Incremental Term Lender, Incremental Revolving Lender or Incremental DDTL Lender, receipt by the Administrative Agent of an executed promissory note evidencing such Lender’s First Amendment Incremental Term Loan, First Amendment Incremental Revolving Commitment or First Amendment DDTL Commitment, as applicable, issued by the Borrowers in accordance with Section 2.10 of the Credit Agreement; (f) The Viking Acquisition shall (i) be consummated substantially concurrently with the closing and funding of the First Amendment Incremental Term Loan in accordance with the Viking Acquisition Agreement, without alteration, amendment or other change, supplement or modification of the Viking Acquisition Agreement except for waivers of conditions that are not ma...
Conditions on Effectiveness. This Amendment shall become effective as of the date hereof when, and only when, the Administrative Agent, on behalf of the Issuing Bank and the Lenders, shall have received: (a) counterparts of this Amendment duly executed by the Borrowers, the Guarantors and the Lenders; (b) for the account of the Lenders, an incremental commitment fee from the Borrowers in an amount equal to 1.00% of each Lender’s portion of the Incremental Commitment, which shall be fully earned, non-refundable and due and payable on the date hereof in immediately available funds; (c) counterparts of that certain First Amendment Fee Letter, dated as of the date hereof, duly executed by the Borrowers, and evidence satisfactory to Administrative Agent that all amounts payable thereunder have been paid by the Borrowers or duly charged to the Loan Account; and (d) such other information, documents, instruments or approvals as the Administrative Agent may require.
Conditions on Effectiveness. This Agreement shall become effective only upon the Effective Date.
Conditions on Effectiveness. This Amendment shall become effective as of the date hereof when, and only when, the Administrative Agent, on behalf of the Issuing Banks and the Lenders, shall have received: (a) counterparts of this Amendment duly executed by the Borrower, each other Borrower Party and the Majority Lenders; (b) an amendment fee, on behalf of each Lender (including the Administrative Agent) that executes this Amendment on the date hereof, in an amount equal to 15 basis points of the Revolving Loan Commitment of each such Lender, which such fee shall be fully earned, due and payable on the date hereof and shall be allocated to each Lender based on such Lender’s Aggregate Commitment Ratio; and (c) such other information, documents, instruments or approvals as the Administrative Agent may require.
Conditions on Effectiveness. This Amendment shall become effective as of the date hereof when, and only when, each of the following conditions has been met or duly waived by the Required Lenders, in writing: (a) Receipt by the Administrative Agent of counterparts of this Amendment duly executed by the Borrower, each Guarantor, Required Lenders and the Administrative Agent; (b) The Beckham Acquisition shall be consummated substantially concurrently with the closing this Amendment in accordance with the Beckham Merger Agreement, without alteration, amendment or other change, supplement or modification of the Beckham Merger Agreement since execution thereof except for waivers of conditions that are not materially adverse to the Lenders or as otherwise approved in writing by the Administrative Agent; and (c) To the extent invoiced at least two (2) Business Days prior to the date hereof, the Borrower shall have paid all reasonable and documented out-of-pocket costs and expenses and fees due and payable on or prior to the date hereof under the Credit Agreement or this Amendment. For the purpose of determining satisfaction of the conditions specified in this Section 4, each Lender that has signed and delivered this Amendment shall be deemed to have accepted, and to be satisfied with, each document or other matter required hereunder to be acceptable or satisfactory to such Lender.
Conditions on Effectiveness. Notwithstanding anything contained herein to the contrary, no provision of this Agreement (other than Section 27 above) shall be effective until a final and nonappealable order of the Applicable Court shall have been entered approving the terms of this Agreement. Subject to Section 27 above, until such time as such approval has been obtained, the Prior Agreement shall remain in full force and effect, and the Executive shall retain all rights thereunder.
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Conditions on Effectiveness. This Amendment shall become effective as of the date hereof (the “Third Amendment Effective Date”) when, and only when, each of the following conditions has been met or duly waived by the Lenders, in writing: (a) Receipt by the Administrative Agent of counterparts of this Amendment duly executed by the Borrower, each Guarantor, the Lenders and the Administrative Agent; and (b) The Borrower shall have paid all reasonable and documented out-of-pocket costs and expenses (to the extent invoiced at least two (2) Business Days prior to the date hereof) and fees due and payable on or prior to the date hereof under the Credit Agreement. For the purpose of determining satisfaction of the conditions specified in this Section 3, each Lender that has signed and delivered this Amendment shall be deemed to have accepted, and to be satisfied with, each document or other matter required hereunder to be acceptable or satisfactory to such Lender.
Conditions on Effectiveness. This Amendment shall become effective as of the date hereof when, and only when, the Administrative Agent, on behalf of the Issuing Banks and the Lenders, shall have received: (a) counterparts of this Amendment duly executed by the Borrowers and the Majority Lenders; (b) all amounts set forth in that certain fee letter dated as of __________ by and among Parent and SunTrust Rxxxxxxx Xxxxxxxx Capital Markets, a division of SunTrust Capital Markets, Inc.; (c) an amendment fee, for the ratable benefit of the Lenders, in an amount equal to $140,000; and (d) such other information, documents, instruments or approvals as the Administrative Agent may require.
Conditions on Effectiveness. This Consent shall be come effective as of the date hereof when, and only when, the Administrative Agent, on behalf of the Issuing Banks and the Lenders, shall have received, in form and substance satisfactory to it: (a) counterparts of this Consent duly executed by Borrowers and the Majority Lenders; and (b) such other information, documents, instruments or approvals as the Administrative Agent may require.
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