Common use of Conditions Precedent to Effectiveness of Amendment and Restatement Clause in Contracts

Conditions Precedent to Effectiveness of Amendment and Restatement. This Amendment and Restatement shall become effective as of December 31, 2002 on the first date (the "Restatement Date") on which the following conditions have been satisfied: (a) The Agent shall have received counterparts of this Amendment and Restatement executed by the Company and the Required Lenders or, as to any of the Lenders, advice satisfactory to the Agent that such Lender has executed this Amendment and Restatement. (b) The Company shall have paid all accrued fees and expenses of the Agent and the Lenders (including the invoiced accrued fees and expenses of counsel to the Agent). (c) On the Restatement Date, the following statements shall be true and the Agent shall have received for the account of each Lender a certificate signed by a duly authorized officer of the Company, dated the Restatement Date, stating that: (i) The representations and warranties contained in Section 4.01 are correct on and as of the Restatement Date, and (ii) No event has occurred and is continuing that constitutes a Default.