Common use of Conditions Precedent to Amendments Clause in Contracts

Conditions Precedent to Amendments. The effectiveness of this Amendment and the amendments to the Credit Agreement set forth in Section 2 above is subject to the accuracy of the representations and warranties set forth in Section 4 below on the date hereof and the satisfaction of the following conditions precedent: (a) the Administrative Agent shall have received counterparts of this Amendment, duly executed by the Borrower, the Administrative Agent and each of the Lenders; (b) the Administrative Agent shall have received evidence that contemporaneously herewith the 2012 Credit Agreement (as defined in Section 2(d) above) shall become effective; (c) the Administrative Agent shall have received, for the account of each of the Lenders that executes this Amendment on or before the effective date hereof, an amendment fee equal to 0.05% of the Aggregate Commitments as of the date hereof, which shall be allocable on a pro-rata basis to the Lenders in accordance with each such Lender’s Applicable Percentage as of the date hereof, in each case after giving effect to the reduction of the Aggregate Commitments set forth in Section 1 above; and (d) unless waived by the Administrative Agent, all fees and expenses of the Administrative Agent and the Lenders (including the reasonable fees and expenses of counsel to the Administrative Agent to the extent invoiced prior to the date hereof) in connection with this Amendment shall have been paid in full (without prejudice to final settling of accounts for such fees and expenses).

Conditions Precedent to Amendments. The effectiveness of this Amendment and the amendments to the Credit Agreement set forth in Section 2 1 above is subject to the accuracy of the representations and warranties set forth in Section 4 3 below on the date hereof and the satisfaction of the following conditions precedent: (a) the Administrative Agent shall have received counterparts of this Amendment, duly executed by the Borrower, the Administrative Agent and each of the Required Lenders; (b) the Administrative Agent shall have received evidence that contemporaneously herewith a corresponding amendment with respect to the 2012 Credit Agreement shall have become effective (as defined in Section 2(d) above) shall become effectivethe “2012 Credit Agreement Amendment”); (c) the Administrative Agent shall have received, for the account of each of the Lenders that executes this Amendment on or before the effective date hereof, an amendment fee equal to 0.05% of the Aggregate Commitments as of the date hereof, which shall be allocable on a pro-rata basis to the Lenders in accordance with $5,000 for each such Lender’s Applicable Percentage ; provided that any Lender that is also a Lender (under as defined in the 2012 Credit Agreement) shall receive a maximum of $5,000 in aggregate amendment fees pursuant to this Amendment and the date hereof, in each case after giving effect to the reduction of the Aggregate Commitments set forth in Section 1 above2012 Credit Agreement Amendment; and (d) unless waived by the Administrative Agent, all fees and expenses of the Administrative Agent and the Lenders (including the reasonable fees and expenses of counsel to the Administrative Agent to the extent invoiced prior to the date hereof) in connection with this Amendment shall have been paid in full (without prejudice to final settling of accounts for such fees and expenses).

Conditions Precedent to Amendments. The effectiveness of this Amendment and the amendments to the Credit Agreement set forth in Section 2 1 above is subject to the accuracy of the representations and warranties set forth in Section 4 3 below on the date hereof and the satisfaction of the following conditions precedent: (a) the Administrative Agent shall have received counterparts of this Amendment, duly executed by the Borrower, the Administrative Agent and each of the Required Lenders; (b) the Administrative Agent shall have received evidence that contemporaneously herewith a corresponding amendment with respect to the 2012 2011 Credit Agreement shall have become effective (as defined in Section 2(d) above) shall become effectivethe “2011 Credit Agreement Amendment”); (c) the Administrative Agent shall have received, for the account of each of the Lenders that executes this Amendment on or before the effective date hereof, an amendment fee equal to 0.05% of the Aggregate Commitments as of the date hereof, which shall be allocable on a pro-rata basis to the Lenders in accordance with $5,000 for each such Lender’s Applicable Percentage ; provided that any Lender that is also a Lender (under as defined in the 2011 Credit Agreement) shall receive a maximum of $5,000 in aggregate amendment fees pursuant to this Amendment and the date hereof, in each case after giving effect to the reduction of the Aggregate Commitments set forth in Section 1 above2011 Credit Agreement Amendment; and (d) unless waived by the Administrative Agent, all fees and expenses of the Administrative Agent and the Lenders (including the reasonable fees and expenses of counsel to the Administrative Agent to the extent invoiced prior to the date hereof) in connection with this Amendment shall have been paid in full (without prejudice to final settling of accounts for such fees and expenses).

Conditions Precedent to Amendments. The effectiveness of this Amendment and the amendments to the Credit Agreement set forth in Section 2 1 above is subject to the accuracy of the representations and warranties set forth in Section 4 3 below on the date hereof and the satisfaction of the following conditions precedent: (a) the Administrative Agent shall have received counterparts of this Amendment, duly executed by the Borrower, the Administrative Agent and each of the Required Lenders; (b) the Administrative Agent shall have received evidence that contemporaneously herewith the 2012 Credit Agreement (as defined in Section 2(d) above) shall become effective; (c) the Administrative Agent shall have received, for the account of each of the Lenders that executes this Amendment on or before the effective date hereof, an amendment fee equal to 0.050.01% of the Aggregate Commitments as of the date hereof, which shall be allocable on a pro-rata basis to the Lenders in accordance with each such Lender’s Applicable Percentage as of the date hereof, in each case after giving effect ; (c) the Administrative Agent shall have received evidence that contemporaneously herewith a corresponding amendment with respect to the reduction of the Aggregate Commitments set forth in Section 1 above2011 Credit Agreement shall become effective; and (d) unless waived by the Administrative Agent, all fees and expenses of the Administrative Agent and the Lenders (including the reasonable fees and expenses of counsel to the Administrative Agent to the extent invoiced prior to the date hereof) in connection with this Amendment shall have been paid in full (without prejudice to final settling of accounts for such fees and expenses).

Conditions Precedent to Amendments. The effectiveness of this Amendment and the amendments to the Credit Agreement set forth in Section 2 1 above is subject to the accuracy of the representations and warranties set forth in Section 4 3 below on the date hereof and the satisfaction of the following conditions precedent: (a) the Administrative Agent shall have received counterparts of this Amendment, duly executed by the Borrower, the Administrative Agent and each of the Required Lenders; (b) the Administrative Agent shall have received evidence that contemporaneously herewith the 2012 Credit Agreement (as defined in Section 2(d) above) shall become effective; (c) the Administrative Agent shall have received, for the account of each of the Lenders that executes this Amendment on or before the effective date hereof, an amendment fee equal to 0.050.01% of the Aggregate Commitments as of the date hereof, which shall be allocable on a pro-rata basis to the Lenders in accordance with each such Lender’s Applicable Percentage as of the date hereof, in each case after giving effect ; (c) the Administrative Agent shall have received evidence that contemporaneously herewith a corresponding amendment with respect to the reduction of the Aggregate Commitments set forth in Section 1 above2012 Credit Agreement shall become effective; and (d) unless waived by the Administrative Agent, all fees and expenses of the Administrative Agent and the Lenders (including the reasonable fees and expenses of counsel to the Administrative Agent to the extent invoiced prior to the date hereof) in connection with this Amendment shall have been paid in full (without prejudice to final settling of accounts for such fees and expenses).