Conditions Precedent; Effective Date Sample Clauses
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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 the guarantors;
(c) a certificate of the secretary or other appropriate officer of each Obligor (i) certifying that the execution, delivery and performance of this Amendment, 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 the 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 or the Acknowledgment and Agreement of Guarantor, as applicable, together with the true signatures of such officers.
(d) such other items as the Bank shall require. Notwithstanding the foregoing, upon satisfaction of the conditions set forth in this Section 4, the amendments set forth in Section 2 shall be deemed to have been effective as of December 31, 2014.
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 become effective on the date on which this Amendment is executed and delivered by a duly authorized officer of each of Buyer and Guarantor (the “Amendment Effective Date”).
Conditions Precedent; Effective Date. This Amendment shall be effective as of the 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 being true and correct in all material respects as of the date hereof; and
(b) receipt by the Administrative Agent of counterparts hereof executed by the Required Lenders, Holdings and the Borrower.
Conditions Precedent; Effective Date. This Amendment shall become effective on the first date on which: (a) this Amendment is executed and delivered by a duly authorized officer of each of Seller, Guarantor and Buyer and (b) Seller has paid to Buyer a fee in the amount of $87,090.16, which constitutes the First Installment of the Tenth Amendment Extension Fee minus a credit in an amount equal to the unamortized portion of the extension fee previously paid by Seller to Buyer.
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 with retroactive effect to September 30, 2025 on the date on which a counterpart of this Amendment is duly executed and delivered by a duly authorized officer of each of the Seller, Guarantor and Buyer.
Conditions Precedent; Effective Date. This Amendment shall become effective on the first date on which: (a) this Amendment is executed and delivered by a duly authorized officer of each of Seller, Guarantor and Buyer, (b) Buyer receives payment from Seller of an amendment fee in an amount equal to $471,000; and (c) each of the Eligible Assets identified on Schedule I to this Amendment are added as Purchased Assets subject to Transactions under the Repurchase Agreement in form and substance acceptable to Buyer in its sole discretion for the Purchase Prices set forth on Schedule I to this Amendment.
Conditions Precedent; Effective Date. This Amendment shall become effective on the first date upon which (i) each party hereto has executed and delivered its counterpart signatures to this Amendment and (ii) Buyer shall have received a written certification (which may be in the form of e-mail) from Guarantor that, with respect to each other master repurchase or loan-on-loan facility under which Guarantor is obligated to comply with an EBITDA-to- interest coverage ratio or similar financial covenant (any such financial covenant, an “Interest Coverage Covenant” and any such other facility, an “Other Facility”), Guarantor has entered into amendments to implement the changes set forth in this Amendment in such Other Facility, and, in each case, after giving effect to such amendment, the Interest Coverage Covenant set forth in such Other Facility is no more restrictive to Guarantor than the Interest Coverage Covenant set forth in Section 5(c) of the Guaranty after giving effect to this Amendment. For the avoidance of doubt, Guarantor hereby acknowledges and agrees that, notwithstanding the changes to Section 5(c) of the Guaranty set forth in this Amendment, Section 5 of the Guaranty shall remain at all times subject to Section 34 of the Guarantee in all respects (such date, the “Amendment Effective Date”).
Conditions Precedent; Effective Date. This Amendment shall be effective as of the 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 being true and correct in all material respects as of the date hereof;
(b) receipt by the Administrative Agent of counterparts hereof executed by the Required Lenders, Holdings and the Borrower;
(c) receipt by the Administrative Agent of the Amendment Fee (defined below) and, pursuant to Section 2.09(c) of the Credit Agreement, receipt by the Administrative Agent of the accrued but unpaid Commitment Fees on the permanent reduction of the Revolving Credit Commitments reduced pursuant to Section 4 hereof; and
(d) receipt by the Administrative Agent of all fees and expenses due and payable in connection with this Agreement.