Conditions Precedent to Effectiveness of Amendment. The effectiveness of this Amendment is subject to and contingent upon the fulfillment of each and every one of the following conditions: (a) Bank shall have received this Amendment, duly executed by Borrower and Bank; (b) No Event of Default, Unmatured Event of Default or Material Adverse Effect shall have occurred and be continuing; and (c) All of the representations and warranties set forth herein, in the Loan Documents and in the Agreement shall be true, complete and accurate in all respects as of the date hereof (except for representations and warranties which are expressly stated to be true and correct as of the Closing Date).
Appears in 3 contracts
Samples: Credit Agreement (Deckers Outdoor Corp), Credit Agreement (Deckers Outdoor Corp), Credit Agreement (Deckers Outdoor Corp)
Conditions Precedent to Effectiveness of Amendment. The effectiveness of this Amendment is subject to and contingent upon the fulfillment of each and every one of the following conditions:
(a) Bank shall have received this Amendment, duly executed by Borrower the Borrowers and Bank;
(b) No Event of Default, Unmatured Event of Default or Material Adverse Effect shall have occurred and be continuing; and
(c) All of the representations and warranties set forth herein, in the Loan Documents and in the Agreement shall be true, complete and accurate in all respects as of the date hereof (except for representations and warranties which are expressly stated to be true and correct as of the Closing Date).
Appears in 2 contracts
Samples: Revolving Credit Agreement (Deckers Outdoor Corp), Credit Agreement (Deckers Outdoor Corp)
Conditions Precedent to Effectiveness of Amendment. The effectiveness of this Amendment is subject to and contingent upon the fulfillment of each and every one of the following conditions:
(a) Bank Agent shall have received this Amendment, duly executed by Borrower Borrowers and Bankall Lenders;
(b) No Event of Default, Unmatured Event of Default or Material Adverse Effect shall have occurred and be continuingoccurred; and
(c) All of the representations and warranties set forth herein, in the Loan Documents and in the Agreement shall be true, complete and accurate in all respects as of the date hereof (except for representations and warranties which are expressly stated to be true and correct as of the Closing Date).
Appears in 1 contract
Samples: Revolving Credit Agreement (National Technical Systems Inc /Ca/)
Conditions Precedent to Effectiveness of Amendment. The effectiveness of this Amendment is subject to and contingent upon the fulfillment of each and every one of the following conditions:
(a) Bank shall have received this Amendment, duly executed by Borrower the Borrowers and Bank, together with the Acknowledgement and Agreement of Subordinate Creditor attached hereto, duly executed by the Peninsula Fund III Limited Partnership;
(b) Bank shall have received an upfront fee in the amount of $35,000;
(c) No Event of Default, Unmatured Event of Default or Material Adverse Effect shall have occurred and be continuing; and
(cd) All of the representations and warranties set forth herein, in the Loan Documents and in the Agreement shall be true, complete and accurate in all respects as of the date hereof (except for representations and warranties which are expressly stated to be true and correct as of the Closing Date).
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Conditions Precedent to Effectiveness of Amendment. The effectiveness of this Amendment is subject to and contingent upon the fulfillment of each and every one of the following conditions:
(a) Bank shall have received this Amendment, duly executed by Borrower and Bank;
(b) Bank shall have received the Reaffirmation of Guarantors attached hereto, duly executed by each Guarantor party thereto;
(c) No Event of Default, Unmatured Event of Default or Material Adverse Effect shall have occurred and be continuing; and
(cd) All of the representations and warranties set forth herein, in the Loan Documents and in the Agreement shall be true, complete and accurate in all respects as of the date hereof (except for representations and warranties which are expressly stated to be true and correct as of the Closing Date).
Appears in 1 contract
Conditions Precedent to Effectiveness of Amendment. The effectiveness of this Amendment is subject to and contingent upon the fulfillment of each and every one of the following conditions:
(a) Bank shall have received this Amendment, duly executed by Borrower and BankBorrower;
(b) Bank shall have received a fully-earned, non-refundable fee in the amount of $7,500;
(c) No Event of Default, Unmatured Event of Default or Material Adverse Effect shall have occurred and be continuing; and
(cd) All of the representations and warranties set forth herein, in the Loan Documents and in the Agreement shall be true, complete and accurate in all respects as of the date hereof (except for representations and warranties which are expressly stated to be true and correct as of the Closing Date).
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Conditions Precedent to Effectiveness of Amendment. The effectiveness of this Amendment is subject to and contingent upon the fulfillment of each and every one of the following conditionsconditions to the satisfaction of Lender:
(a) Bank Lender shall have received this Amendment, duly executed by Borrower and BankBorrowers;
(b) Lender shall have received an amendment fee in the amount of $2,000, which fee shall be fully-earned and non-refundable, part of the Obligations, and secured by the Collateral;
(c) No Event of Default, Unmatured Event of Default or Material Adverse Effect Default shall have occurred and be continuing; and
(cd) All of the representations and warranties set forth herein, in the Loan Documents herein and in the Agreement shall be true, complete and accurate in all respects as of the date hereof (except for representations and warranties which are expressly stated to be true and correct as of the Closing Datedate of the Agreement).
Appears in 1 contract
Samples: Business Financing Agreement (Orion Energy Systems, Inc.)
Conditions Precedent to Effectiveness of Amendment. The effectiveness of this Amendment is subject to and contingent upon the fulfillment of each and every one of the following conditions:
(a) Bank shall have received this Amendment, duly executed by Borrower and Bankthe Borrowers;
(b) No Borrowers shall have paid to Bank a covenant waiver fee in the amount of $2,500.00.
(c) After giving effect to this Amendment, no Event of Default, Unmatured Event of Default or Material Adverse Effect shall have occurred and be continuing; and
(cd) All After giving effect to this Amendment, all of the representations and warranties set forth herein, in the Loan Documents and in the Agreement shall be true, complete and accurate in all respects as of the date hereof (except for representations and warranties which are expressly stated to be true and correct as of the Closing Date).
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Conditions Precedent to Effectiveness of Amendment. The effectiveness of this Amendment is subject to and contingent upon the fulfillment of each and every one of the following conditions:
(a) Bank shall have received this Amendment, duly executed by Borrower and Bank;
(b) Bank shall have received an updated corporate borrowing resolution and incumbency certificate in form and substance satisfactory to Bank;
(c) No Event of Default, Unmatured Event of Default or Material Adverse Effect shall have occurred and be continuing; and
(cd) All of the representations and warranties set forth herein, in the Loan Documents and in the Agreement shall be true, complete and accurate in all respects as of the date hereof (except for representations and warranties which are expressly stated to be true and correct as of the Closing Date).
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