Conditions Precedent to Effectiveness of Amendment. This Amendment shall become effective upon the satisfaction of each of the following conditions (the date on which all such conditions precedent have been satisfied, the “Amendment No. 6 Effective Date”): 3.1 Administrative Agent shall have received a copy of this Amendment signed by the Loan Parties, the Administrative Agent and the Required Lenders; 3.2 Administrative Agent shall have received (a) a fully executed copy of the Fifth Amendment to First Amended and Restated Credit Agreement, dated as of the date of this Amendment, amending the Second Lien Loan Agreement in form and substance satisfactory to the Administrative Agent and (b) a fully executed copy of the Permitted Exitus Debt Subordination Agreement; 3.3 Administrative Agent shall have received evidence of payment by the Borrowers of all accrued and unpaid fees, costs and expenses incurred prior to or on the Amendment No. 6 Effective Date, including all Attorney Costs of the Administrative Agent incurred prior to or on the Amendment No. 6 Effective Date; and 3.4 All representations and warranties set forth in Section 4 hereof are true and correct.
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Conditions Precedent to Effectiveness of Amendment. This Amendment shall become effective upon the satisfaction of each of the following conditions (the date on which all such conditions precedent have been satisfied, the “Amendment No. 6 4 Effective Date”):
3.1 The Administrative Agent and the Lenders shall have received a copy of this Amendment signed by the Loan Parties, the Administrative Agent, the Collateral Agent and the Required Lenders;
3.2 The Administrative Agent and the Lenders shall have received (a) a fully executed copy of the Fifth Amendment to First Amended and Restated Credit Agreement, dated as of the date of this Amendment, amending the Second Lien Loan Agreement Senior Credit Facility in form and substance satisfactory to the Lenders;
3.3 The Administrative Agent and (b) a fully executed copy of the Permitted Exitus Debt Subordination Agreement;
3.3 Administrative Agent Lenders shall have received evidence of payment by the Borrowers of all accrued and unpaid fees, costs and expenses incurred prior to or on the Amendment No. 6 4 Effective Date, including all Attorney Costs of the Administrative Agent and the Lenders incurred prior to or on the Amendment No. 6 4 Effective Date; and
3.4 All representations and warranties set forth in Section 4 hereof are true and correct.
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Conditions Precedent to Effectiveness of Amendment. This Amendment shall become effective upon the satisfaction of each of the following conditions (the date on which all such conditions precedent have been satisfied, the “Amendment No. 6 5 Effective Date”):
3.1 5.1 Administrative Agent shall have received a copy of this Amendment signed by the Loan Parties, the Administrative Agent and the Required Lenders;
3.2 5.2 Administrative Agent shall have received (a) a fully executed copy of the Fifth Fourth Amendment to First Amended and Restated Credit Agreement, dated as of the date of this Amendment, amending the Second Lien Loan Agreement in form and substance satisfactory to the Administrative Agent Agent, and (b) a fully executed copy of the Permitted Exitus Investor Debt Subordination Agreement;
3.3 5.3 Administrative Agent shall have received evidence of payment by the Borrowers of all accrued and unpaid fees, costs and expenses incurred prior to or on the Amendment No. 6 5 Effective Date, including all Attorney Costs of the Administrative Agent incurred prior to or on the Amendment No. 6 5 Effective Date; and
3.4 All 5.4 all representations and warranties set forth in Section 4 5 hereof are true and correct.
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Conditions Precedent to Effectiveness of Amendment. This Amendment shall become effective upon the satisfaction of each of the following conditions (the date on which all such conditions precedent have been satisfied, the “"Amendment No. 6 2 Effective Date”"):
3.1 (a) The Administrative Agent and the Lenders shall have received a copy of this Amendment signed by the Loan Parties, the Administrative Agent, the Collateral Agent and the Required Lenders;
3.2 Administrative Agent (b) Lenders shall have received (a) a fully executed copy of the Fifth Twelfth Amendment to First Amended and Restated the Senior Credit AgreementFacility, dated as of the date of this Amendment, amending the Second Lien Loan Agreement Senior Credit Facility in form and substance satisfactory to the Administrative Agent and Lenders.
(bc) a fully executed copy of the Permitted Exitus Debt Subordination Agreement;
3.3 Administrative Agent The Borrower shall have received evidence of payment by the Borrowers of paid all accrued and unpaid fees, costs and expenses incurred prior to or on the Amendment No. 6 2 Effective Date, including all Attorney Costs of the Administrative Agent and the Lenders incurred prior to or on the Amendment No. 6 2 Effective Date; and
3.4 (d) All representations and warranties set forth in Section 4 Article IV hereof are true and correct.
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Conditions Precedent to Effectiveness of Amendment. This Amendment shall become effective upon the satisfaction of each of the following conditions (the date on which all such conditions precedent have been satisfied, the “Amendment No. 6 5 Effective Date”):
3.1 The Administrative Agent and the Lenders shall have received a copy of this Amendment signed by the Loan Parties, the Administrative Agent, the Collateral Agent and the Required Lenders;
3.2 The Administrative Agent and the Lenders shall have received (a) a fully executed copy of the Fifth Sixth Amendment to First Amended and Restated Credit Agreement, dated as of the date of this Amendment, amending the Second Lien Loan Agreement Senior Credit Facility in form and substance satisfactory to the Lenders;
3.3 The Administrative Agent and (b) a fully executed copy of the Permitted Exitus Debt Subordination Agreement;
3.3 Administrative Agent Lenders shall have received evidence of payment by the Borrowers of all accrued and unpaid fees, costs and expenses incurred prior to or on the Amendment No. 6 5 Effective Date, including all Attorney Costs of the Administrative Agent and the Lenders incurred prior to or on the Amendment No. 6 5 Effective Date; and
3.4 All representations and warranties set forth in Section 4 hereof are true and correct.
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Conditions Precedent to Effectiveness of Amendment. This Amendment shall become effective upon the satisfaction of each of the following conditions (the date on which all such conditions precedent have been satisfied, the “Twelfth Amendment No. 6 Effective Date”):
3.1 1.1 Administrative Agent shall have received a copy of this Amendment signed by the Loan Parties, the Administrative Agent and the Required Lenders;
3.2 Administrative Agent shall have received (a) a fully executed copy of the Fifth Second Amendment to First Amended and Restated Credit Second Lien Loan Agreement, dated as of the date of this Amendment, amending the Second Lien Loan Agreement in form and substance satisfactory to the Administrative Agent and (b) a fully executed copy of the Permitted Exitus Debt Subordination Agreement;Agent.
3.3 1.2 Except as expressly set forth in Section 4.3, Administrative Agent shall have received evidence of payment by the Borrowers of all accrued and unpaid fees, costs and expenses incurred prior to or on the Twelfth Amendment No. 6 Effective Date, including all Attorney Costs of the Administrative Agent incurred prior to or on the Twelfth Amendment No. 6 Effective Date; and
3.4 1.3 All representations and warranties set forth in Section 4 hereof are true and correct.
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Conditions Precedent to Effectiveness of Amendment. This Amendment shall become effective upon the satisfaction of each of the following conditions (the date on which all such conditions precedent have been satisfied, the “Amendment No. 6 3 Effective Date”):
3.1 5.1 Administrative Agent shall have received a copy of this Amendment signed by the Loan Parties, the Administrative Agent and the Required Lenders;
3.2 5.2 Administrative Agent shall have received (a) a fully executed copy of the Fifth Waiver and Second Amendment to First Amended and Restated Credit Agreement, dated as of the date of this Amendment, amending the Second Lien Loan Agreement in form and substance satisfactory to the Administrative Agent and (b) a fully executed copy of the Permitted Exitus Debt Subordination AgreementAgent;
3.3 5.3 [Intentionally Omitted];
5.4 Administrative Agent shall have received evidence of payment by the Borrowers of all accrued and unpaid fees, costs and expenses incurred prior to or on the Amendment No. 6 3 Effective Date, including all Attorney Costs of the Administrative Agent incurred prior to or on the Amendment No. 6 3 Effective Date; and;
3.4 All 5.5 all representations and warranties set forth in Section 4 6 hereof are true and correct; and
5.6 Administrative Agent shall have received a fully executed and effective copy of the LIV Equity Contribution Agreement.
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Conditions Precedent to Effectiveness of Amendment. This Amendment shall become effective upon the satisfaction of each of the following conditions (the date on which all such conditions precedent have been satisfied, the “Amendment No. 6 2 Effective Date”):
3.1 5.1 The Administrative Agent and the Lenders shall have received a copy of this Amendment signed by the Loan Parties, the Administrative Agent, the Collateral Agent and the Required Lenders;
3.2 5.2 The Administrative Agent and the Lenders shall have received (a) a fully executed copy of the Fifth Waiver and Third Amendment to First Amended and Restated Credit Agreement, dated as of the date of this Amendment, amending the Second Lien Loan Agreement Senior Credit Facility in form and substance satisfactory to the Lenders;
5.3 The Administrative Agent and (b) a fully executed copy of the Permitted Exitus Debt Subordination Agreement;
3.3 Administrative Agent Lenders shall have received evidence of payment by the Borrowers of all accrued and unpaid fees, costs and expenses incurred prior to or on the Amendment No. 6 2 Effective Date, including all Attorney Costs of the Administrative Agent and the Lenders incurred prior to or on the Amendment No. 6 2 Effective Date; and;
3.4 5.4 All representations and warranties set forth in Section 4 6 hereof are true and correct; and
5.5 The Administrative Agent and the Lenders shall have received a fully executed and effective copy of the LIV Equity Contribution Agreement.
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Conditions Precedent to Effectiveness of Amendment. This Amendment shall become effective upon the satisfaction of each of the following conditions (the date on which all such conditions precedent have been satisfied, the “Amendment No. 6 4 Effective Date”):
3.1 5.1 Administrative Agent shall have received a copy of this Amendment signed by the Loan Parties, the Administrative Agent and the Required Lenders;
3.2 5.2 Administrative Agent shall have received (a) a fully executed copy of the Fifth Third Amendment to First Amended and Restated Credit Agreement, dated as of the date of this Amendment, amending the Second Lien Loan Agreement in form and substance satisfactory to the Administrative Agent and (b) a fully executed copy of the Permitted Exitus Debt Subordination AgreementAgent;
3.3 5.3 Administrative Agent shall have received evidence of payment by the Borrowers of all accrued and unpaid fees, costs and expenses incurred prior to or on the Amendment No. 6 4 Effective Date, including all Attorney Costs of the Administrative Agent incurred prior to or on the Amendment No. 6 4 Effective Date; and
3.4 All 5.4 all representations and warranties set forth in Section 4 5 hereof are true and correct.
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Conditions Precedent to Effectiveness of Amendment. This Amendment shall become effective upon the satisfaction of each of the following conditions (the date on which all such conditions precedent have been satisfied, the “Amendment No. 6 2 Effective Date”):
3.1 4.1 Administrative Agent shall have received a copy of this Amendment signed by the Loan Parties, the Administrative Agent and the Required Lenders;
3.2 4.2 Administrative Agent shall have received (a) a fully executed copy of the Fifth [Waiver and First Amendment to First Amended and Restated Credit Agreement], dated as of the date of this Amendment, amending the Second Lien Loan Agreement in form and substance satisfactory to allowing the incurrence of the PPP Loans thereunder;
4.3 Administrative Agent and (b) a fully executed copy shall have received copies of the Permitted Exitus Debt Subordination Agreementapplications for the PPP Loans submitted by the PPP Borrowers and the definitive loan documentation for the PPP Loans;
3.3 4.4 Administrative Agent shall have received evidence of payment by the Borrowers of all accrued and unpaid fees, costs and expenses incurred prior to or on the Amendment No. 6 2 Effective Date, including all Attorney Costs of the Administrative Agent incurred prior to or on the Amendment No. 6 2 Effective Date; and
3.4 All 4.5 all representations and warranties set forth in Section 4 5 hereof are true and correct.
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Conditions Precedent to Effectiveness of Amendment. This Amendment shall become effective upon the satisfaction of each of the following conditions (the date on which all such conditions precedent have been satisfied, the “Amendment No. 6 3 Effective Date”):
3.1 5.1 The Administrative Agent and the Lenders shall have received a copy of this Amendment signed by the Loan Parties, the Administrative Agent, the Collateral Agent and the Required Lenders;
3.2 5.2 The Administrative Agent and the Lenders shall have received (a) a fully executed copy of the Fifth Fourth Amendment to First Amended and Restated Credit Agreement, dated as of the date of this Amendment, amending the Second Lien Loan Agreement Senior Credit Facility in form and substance satisfactory to the Lenders;
5.3 The Administrative Agent and (b) a fully executed copy of the Permitted Exitus Debt Subordination Agreement;
3.3 Administrative Agent Lenders shall have received evidence of payment by the Borrowers of all accrued and unpaid fees, costs and expenses incurred prior to or on the Amendment No. 6 3 Effective Date, including all Attorney Costs of the Administrative Agent and the Lenders incurred prior to or on the Amendment No. 6 3 Effective Date; and
3.4 5.4 All representations and warranties set forth in Section 4 6 hereof are true and correct.
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