Conditions Precedent; Effective Date. This Amendment shall become effective on the date on which this Amendment is executed and delivered by a duly authorized officer of each of Guarantor and Administrative Agent, on behalf of Buyers (the “Amendment Effective Date”).
Conditions Precedent; Effective Date. This Amendment shall be effective as of the Effective Date hereof subject to satisfaction of each of the following conditions precedent:
(a) all of the representations and warranties of the Borrower under Section 3 hereof which are made as of the date hereof, being true and correct in all material respects;
(b) receipt by the Agent of counterparts hereof executed by the Required Lenders and the Borrower; and
(c) receipt by the Agent of fully executed Assignment and Assumption Agreements in the form of Exhibit A-1 and A-2 hereto.
Conditions Precedent; Effective Date. This Amendment shall become effective with retroactive effect to the Eighth Amendment Effective Date upon a counterpart of this Amendment being duly executed and delivered by a duly authorized officer of each of the Seller, Guarantor and Buyer.
Conditions Precedent; Effective Date. 4.1 Provisions to take effect upon fulfillment of Conditions Precedent
4.2 a. Conditions Precedent of the Implementing Partner
(i) to provide a Performance Security/Guarantee and other guarantees/ payments as and when required to the Nodal Agency or its nominated agencies; and
(ii) to provide the Nodal Agency or its nominated agencies certified true copies of its constitutional documents and board resolutions authorizing the execution, delivery and performance of this Agreement by the Implementation Agency.
Conditions Precedent; Effective Date. This Amendment shall be effective only if the Bank has received, on or before the date hereof (or such later date as the Bank may agree to in writing), each of the following, each in form and substance acceptable to the Bank:
(a) this Amendment, duly executed by the Borrower;
(b) the Acknowledgment and Agreement of Guarantor set forth at the end of this Amendment, duly executed by Baseline, as a guarantor of the obligations of the Borrower to the Bank;
(c) the Replacement Note, duly executed by the Borrower;
(d) a Security Agreement, granting and/or confirming the Bank’s security interest in all investment property of the Borrower, including the capital stock of its subsidiaries (subject to the limitation set forth in Section 1.5 of the Credit Agreement, as amended above) (the “Investment Property Security Agreement”);
(e) a certificate of the secretary or other appropriate officer of each Obligor (i) certifying that the execution and delivery of this Amendment, the Replacement Note and the Investment Property Security Agreement, and the performance of this Amendment, the Replacement Note and the Investment Property Security Agreement, and the Credit Agreement as amended hereby, or the Acknowledgment and Agreement of Guarantor, as applicable, have been duly approved by all necessary action of the board of directors of such Obligor, and attaching true and correct copies of the applicable resolutions granting such approval, (ii) certifying that there have been no amendments to or restatements of the articles of incorporation and bylaws as furnished to the Bank in connection with the execution and delivery of the Credit Agreement, other than those that may be attached to the certificate, and (iii) certifying the names of the officers of such Obligor that are authorized to sign this Amendment, the Replacement Note and the Intellectual Property Security Agreement or the Acknowledgment and Agreement of Guarantor, as applicable, together with the true signatures of such officers; and
(f) such other items as the Bank shall require.
Conditions Precedent; Effective Date. This Agreement shall become effective on the date of satisfaction of the conditions precedent set forth in this
Section 5.01 which shall in any event be on or before November 30, 1997 (the date on which such conditions are satisfied, the "Effective Date"):
Conditions Precedent; Effective Date. This Amendment shall become effective upon the Second Amendment Effective Date, provided that as of such date the following shall have occurred: (a) a counterpart of this Amendment is duly executed and delivered by a duly authorized officer of each of the Seller, Guarantor and Buyer, along with the delivery to Buyer of such other documents as Buyer or counsel to Buyer may reasonably request and (b) Seller has paid to Buyer the first installment of the Second Amendment Structuring Fee in an amount equal to $1,315,190.40.
Conditions Precedent; Effective Date. This Amendment shall become effective on the Fourth Amendment Effective Date provided that as such date all of the following have occurred: (a) a counterpart of this Amendment is duly executed and delivered by a duly authorized officer of each of the Seller, Guarantor and Buyer, (b) Buyer has received a fee in the amount of $513,896.28, which constitutes the first installment of the Fourth Amendment Extension Structuring Fee minus a credit in an amount equal to the unamortized portion of the extension fee previously paid by Seller to Buyer and (c) Bxxxx has received a fully executed version of that certain Amendment No. 3 to Amended and Restated Fee and Pricing Letter.
Conditions Precedent; Effective Date. 2.1 Provisions to take effect upon fulfillment of Conditions Precedent
2.2 a. Conditions Precedent of the System Integrator
(i) to provide a Performance Security/Guarantee and other guarantees/ payments as and when required to the Nodal Agency or its nominated agencies; and
(ii) to provide the Nodal Agency or its nominated agencies certified true copies of its constitutional documents and board resolutions authorizing the execution, delivery and performance of this Agreement by the System Integrator.
Conditions Precedent; Effective Date. This Agreement is conditional on HKRI having obtained its shareholders’ approval on the shareholder’s loan to be granted under this Loan Agreement and shall take effect from the date hereof and all interests shall be accrued from the drawdown date up to the day immediately before the date of repayment.
