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

Conditions Precedent to Effectiveness of Amendment. The effectiveness of this Amendment and the waiver of the Existing Defaults set forth in Section 5 above are subject to and contingent upon the fulfillment of each and every one of the following conditions to the satisfaction of Lender: Lender shall have received this Amendment, duly executed by Borrowers; Lender shall have received an amendment fee in the amount of $12,500, which fee shall be fully-earned and non-refundable; After giving effect to this Amendment, no Event of Default or Default shall have occurred and be continuing; and After giving effect to this Amendment, all of the representations and warranties set forth 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 date of the Agreement).

Conditions Precedent to Effectiveness of Amendment. The effectiveness of this Amendment and the waiver of the Existing Defaults set forth in Section 5 above are is subject to and contingent upon the fulfillment of each and every one of the following conditions to the satisfaction of Lender: : (a) Lender shall have received this Amendment, duly executed by Borrowers; Xxxxxxxx; (b) Lender shall have received an amendment fee all Lender’s expenses incurred through the date of this Amendment and the fees and costs of Xxxxxx’s internal and outside counsel incurred in the amount negotiation and preparation of $12,500, which fee shall be fully-earned and non-refundable; After giving effect to this Amendment, no which Borrower hereby authorizes to be paid by an Advance under the Loan Agreement; (c) No Event of Default or Default shall have occurred and be continuing; and After giving effect to this Amendment, all and (d) All of the representations and warranties set forth herein and in the Loan Agreement shall be true, complete and accurate in all respects as of the date hereof (except for representations and warranties which that are expressly stated to be true and correct as of the date of the Loan Agreement).

Conditions Precedent to Effectiveness of Amendment. The effectiveness of this Amendment and the waiver of the Existing Defaults set forth in Section 5 above are is subject to and contingent upon the fulfillment of each and every one of the following conditions to the satisfaction of Lender: : (a) Lender shall have received this Amendment, duly executed by Borrowers; Lender shall have received an amendment fee in the amount of $12,500, which fee shall be fully-earned and non-refundable; ; (b) After giving effect to this Amendment, no Event of Default or Default shall have occurred and be continuing; (c) Lender shall have received a fully earned and nonrefundable waiver and amendment fee in the amount of $1,500, and reimbursement of all expenses incurred in connection with the preparation of this Amendment; and and (d) After giving effect to this Amendment, all of the representations and warranties set forth 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 date of the Agreement).

Conditions Precedent to Effectiveness of Amendment. The effectiveness of this Amendment and the waiver of the Existing Defaults set forth in Section 5 above are subject to and contingent upon the fulfillment of each and every one of the following conditions to the satisfaction of Lender: : (a) Lender shall have received this Amendment, duly executed by Borrowers; ; (b) Lender shall have received an amendment a waiver fee in the amount of $12,50017,500, which fee shall be fully-fully earned and non-refundable; . (c) After giving effect to this Amendment, no Event of Default or Default shall have occurred and be continuing; and and (d) After giving effect to this Amendment, all of the representations and warranties set forth 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 date of the Agreement).

Conditions Precedent to Effectiveness of Amendment. The effectiveness of this Amendment and the waiver of the Existing Defaults set forth in Section 5 above are is subject to and contingent upon the fulfillment of each and every one of the following conditions to the satisfaction of Lender: : (a) Lender shall have received this Amendment, duly executed by Borrowers; ; (b) Lender shall have received an amendment fee Resolutions to Borrow from each Borrower on Lender’s form and otherwise in the amount form and substance satisfactory to Lender, dated as of $12,500, which fee shall be fully-earned and non-refundable; a recent date; (c) After giving effect to this Amendment, no Event of Default or Default shall have occurred and be continuing; and and (d) After giving effect to this Amendment, all of the representations and warranties set forth 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 date of the Agreement).

Conditions Precedent to Effectiveness of Amendment. The effectiveness of this Amendment Amendment, and the waiver of the Existing Defaults Lender’s agreement to forbear set forth in Section 5 above 9 above, are subject to and contingent upon the fulfillment of each and every one of the following conditions to the satisfaction of Lender: : (a) Lender shall have received this Amendment, duly executed by Borrowers; Lender shall have received an amendment fee in Borrower; (b) Except for the amount of $12,500, which fee shall be fully-earned and non-refundable; After giving effect to this AmendmentExisting Defaults, no Event of Default or Default shall have occurred and be continuing; and After giving effect to this Amendmentand (c) Except for the Existing Defaults, all of the representations and warranties set forth 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 date of the Agreement).

Conditions Precedent to Effectiveness of Amendment. The effectiveness of this Amendment and the waiver of the Existing Defaults set forth in Section 5 above are is subject to and contingent upon the fulfillment of each and every one of the following conditions to the satisfaction of Lender: : (a) Lender shall have received this Amendment, duly executed by Borrowers; ; (b) Lender shall have received an amendment fee payment in full of the amount of $12,500Domestic Facility Fee and the Due Diligence Fee due on May 23, which fee shall be fully-earned and non-refundable; 2019; (c) After giving effect to this Amendment, no Event of Default or Default shall have occurred and be continuing; and and (d) After giving effect to this Amendment, all of the representations and warranties set forth 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 date of the Agreement).

Conditions Precedent to Effectiveness of Amendment. The effectiveness of this Amendment and the waiver of the Existing Defaults set forth in Section 5 above are subject to and contingent upon the fulfillment of each and every one of the following conditions to the satisfaction of Lender: : (a) Lender shall have received this Amendment, duly executed by Borrowers; ; (b) Lender shall have received an amendment fee in the amount of $12,500, which fee shall be fully-earned and non-refundable; ; (c) After giving effect to this Amendment, no Event of Default or Default shall have occurred and be continuing; and and (d) After giving effect to this Amendment, all of the representations and warranties set forth 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 date of the Agreement).