Common use of Conditions Precedent to Amendment Clause in Contracts

Conditions Precedent to Amendment. The satisfaction of each of the following shall constitute conditions precedent to the effectiveness of the Amendment (such date being the “Amendment Effective Date”): (a) Lender shall have received this Amendment, duly executed by the parties hereto, and the same shall be in full force and effect. (b) The representations and warranties herein and in the Loan Agreement and the other Loan Documents shall be true and correct in all respects on and as of the date hereof, as though made on such date (except to the extent that such representations and warranties relate solely to an earlier date). (c) No injunction, writ, restraining order, or other order of any nature prohibiting, directly or indirectly, the consummation of the transactions contemplated herein shall have been issued and remain in force by any Governmental Authority against Borrower or Lender. (d) No Default or Event of Default shall have occurred and be continuing or shall result from the consummation of the transactions contemplated herein. (e) All other documents and legal matters in connection with the transactions contemplated by this Amendment shall have been delivered, executed, or recorded and shall be in form and substance reasonably satisfactory to Lender.

Appears in 4 contracts

Samples: Loan and Security Agreement (Freshpet, Inc.), Loan and Security Agreement (Freshpet, Inc.), Loan and Security Agreement (Freshpet, Inc.)

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Conditions Precedent to Amendment. The satisfaction of each of the following shall constitute conditions precedent to the effectiveness of the Amendment (such date being the “Amendment Effective Date”): (a) Lender Agent shall have received this Amendment, duly executed by the parties hereto, and the same shall be in full force and effect. (b) The representations and warranties herein and in the Loan Agreement and the other Loan Documents shall be true and correct in all respects on and as of the date hereof, as though made on such date (except to the extent that such representations and warranties relate solely to an earlier date). (c) No injunction, writ, restraining order, or other order of any nature prohibiting, directly or indirectly, the consummation of the transactions contemplated herein shall have been issued and remain in force by any Governmental Authority against Borrower or LenderAgent. (d) No Default or Event of Default shall have occurred and be continuing or shall result from the consummation of the transactions contemplated herein. (e) All other documents and legal matters in connection with the transactions contemplated by this Amendment shall have been delivered, executed, or recorded and shall be in form and substance reasonably satisfactory to LenderAgent.

Appears in 3 contracts

Samples: Loan and Security Agreement (Freshpet, Inc.), Loan and Security Agreement (Freshpet, Inc.), Loan and Security Agreement (Freshpet, Inc.)

Conditions Precedent to Amendment. The satisfaction of each of the following shall constitute conditions precedent to the effectiveness of the this Amendment (such date being the “Amendment Effective Date”):and each and every provision hereof: (a) Lender Agent shall have received this Amendment, duly executed by the parties hereto, and the same shall be in full force and effect. (b) Agent shall have received an amendment fee in the amount of $100,000, which amount Borrower authorizes Agent, for the benefit of the Lenders, to charge to the Loan Account. Such fee shall be fully earned and paid in full in immediately available funds on or before the date hereof. (c) The representations and warranties herein and in the Loan Credit Agreement and the other Loan Documents shall be true and correct in all material respects on and as of the date hereof, as though made on such date (except to the extent that such representations and warranties relate solely to an earlier date). (cd) No Default or Event of Default shall have occurred and be continuing on the date hereof, nor shall result from the consummation of the transactions contemplated herein. (e) No injunction, writ, restraining order, or other order of any nature prohibiting, directly or indirectly, the consummation of the transactions contemplated herein shall have been issued and remain in force by any Governmental Authority against Borrower any Borrower, any Guarantor, Agent, or any Lender. (d) No Default or Event of Default shall have occurred and be continuing or shall result from the consummation of the transactions contemplated herein. (e) All other documents and legal matters in connection with the transactions contemplated by this Amendment shall have been delivered, executed, or recorded and shall be in form and substance reasonably satisfactory to Lender.

Appears in 2 contracts

Samples: Credit Agreement (155 East Tropicana, LLC), Credit Agreement (155 East Tropicana, LLC)

Conditions Precedent to Amendment. The satisfaction of each of the following shall constitute conditions precedent to the effectiveness of the Amendment (such date being the “Amendment Effective Date”): (a) Lender shall have received this Amendment, duly executed by the parties hereto, and the same shall be in full force and effect. (b) The representations and warranties herein and in the Loan Agreement and the other Loan Documents shall be true and correct in all respects on and as of the date hereof, as though made on such date (except to the extent that such representations and warranties relate solely to an earlier date). (c) No injunction, writ, restraining order, or other order of any nature prohibiting, directly or indirectly, the consummation of the transactions contemplated herein shall have been issued and remain in force by any Governmental Authority against the Borrower or Lender. (d) No Default or Event of Default shall have occurred and be continuing or shall result from the consummation of the transactions contemplated herein. (e) All other documents and legal matters in connection with the transactions contemplated by this Amendment shall have been delivered, executed, or recorded and shall be in form and substance reasonably satisfactory to Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (Freshpet, Inc.)

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Conditions Precedent to Amendment. The satisfaction of each of the following shall constitute conditions precedent to the effectiveness of the this Amendment (such date being the “Amendment Effective Date”):and each and every provision hereof: (a) Lender Agents shall have received this Amendment, duly executed by the parties hereto, and the same shall be in full force and effect. (b) The representations and warranties herein and in the Loan Financing Agreement and the other Loan Documents shall be true and correct in all material respects on and as of the date hereof, as though made on such date (except to the extent that such representations and warranties relate solely to an earlier date). (c) No Default or Event of Default shall have occurred and be continuing on the date hereof, nor shall result from the consummation of the transactions contemplated herein. (d) No injunction, writ, restraining order, or other order of any nature prohibiting, directly or indirectly, the consummation of the transactions contemplated herein shall have been issued and remain in force by any Governmental Authority against Borrower the Borrower, any Guarantor, any Agent, or any Lender. (d) No Default or Event of Default shall have occurred and be continuing or shall result from the consummation of the transactions contemplated herein. (e) All other documents and legal matters in connection with the transactions contemplated by this Amendment shall have been delivered, executed, or recorded and shall be in form and substance reasonably satisfactory to Lender.

Appears in 1 contract

Samples: Financing Agreement (Dice Holdings, Inc.)

Conditions Precedent to Amendment. The satisfaction of each of the following shall constitute conditions precedent to the effectiveness of the this Amendment (such date being the “Amendment Effective Date”):and each and every provision hereof: (a) Lender Agent shall have received this Amendment, duly executed by the parties hereto, and the same shall be in full force and effect. (b) The representations and warranties herein and in the Loan Credit Agreement and the other Loan Documents shall be true and correct in all material respects on and as of the date hereof, as though made on such date (except to the extent that such representations and warranties relate solely to an earlier date). (c) No Default or Event of Default shall have occurred and be continuing on the date hereof, nor shall result from the consummation of the transactions contemplated herein. (d) No injunction, writ, restraining order, or other order of any nature prohibiting, directly or indirectly, the consummation of the transactions contemplated herein shall have been issued and remain in force by any Governmental Authority against Borrower Borrowers, any Guarantor, Agent or any Lender. (d) No Default or Event of Default shall have occurred and be continuing or shall result from the consummation of the transactions contemplated herein. (e) All other documents and legal matters in connection with the transactions contemplated by this Amendment shall have been delivered, executed, or recorded and shall be in form and substance reasonably satisfactory to Lender.

Appears in 1 contract

Samples: Credit Agreement (B & B B, Inc.)

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