Conditions Precedent to Effectiveness of the Agreement. The Agreement shall become effective on the Closing Date subject to the satisfaction, or waiver in accordance with Section 9.4, of the following conditions on or before the Closing Date:
Conditions Precedent to Effectiveness of the Agreement. The effectiveness of this Agreement is subject to satisfaction of the conditions set forth in Section 1 of Exhibit II hereto.
Conditions Precedent to Effectiveness of the Agreement. Notwithstanding any provision herein to the contrary, except for Company's obligation to pay Structuring and Due Diligence fees in accordance with the provisions of Section 12.06(a) herein, which is and shall be in full force and effect as from the date hereof, the provisions of this Agreement shall come into effect only upon the cumulative fulfillment of all conditions precedent hereto, as follows:
Conditions Precedent to Effectiveness of the Agreement. The effectiveness of this Agreement is subject to the conditions precedent that the Program Agent shall have received on or before the date of such Advance the following, each (unless otherwise indicated) dated such date, in form and substance satisfactory to the Program Agent
Conditions Precedent to Effectiveness of the Agreement. As conditions precedent to the effectiveness of this Agreement, on or prior to the Amendment Effective Date, (a) the Administrative Agents shall have received each of the documents, instruments, legal opinions and other agreements reasonably satisfactory to such Administrative Agents listed on Exhibit E, together with all fees and expenses due and payable on or prior to the date hereof in connection with this Agreement and the Fee Letter, (b) since June 30, 2012, no event has occurred which would have a Material Adverse Effect with respect to the Servicer, (c) each Lender shall have received all necessary credit approvals in order to consummate the transactions contemplated by this Agreement, (d) no Event of Termination, Early Amortization Event, Servicer Termination Event or Incipient Event of Termination shall have occurred and then be continuing or would occur on giving effect to the transactions contemplated herein, (e) all ratings issued by Xxxxx’x and S&P in respect of the Performance Guarantor are at a level of at least “Baa3” and “BBB-” by Xxxxx’x and S&P, respectively, (f) the Administrative Agents shall have received a pro forma Monthly Report from the Servicer and such other documents and information relating to the Collateral as any Administrative Agent may have reasonably requested, and (g) any fees and expenses due and payable by the Borrower to X.X. Xxxxxx Securities Inc., as lead arranger, have been paid.
Conditions Precedent to Effectiveness of the Agreement. 4.1 The effectiveness of Sections 1.1 through 1.4, and Articles 2, 3 and 14 of this Agreement are subject to the following conditions precedent (the failure of which shall also result in the termination of this Agreement pursuant to Section 1.5):
Conditions Precedent to Effectiveness of the Agreement. The Agreement shall become effective on the Closing Date upon each Lender having received on the Closing Date copies of the Credit Documents, originally executed and delivered by each applicable Person. Following the Closing Date, the Administrative Agent may, as a result of material changes in Requirements of Law (since previously delivered under the Existing Loan Agreement), reasonably request any of the following:
Conditions Precedent to Effectiveness of the Agreement. The effectiveness of this Agreement is subject to the following conditions precedent that the Administrator shall have received on or before the Closing Date, each in form and substance (including the date thereof) satisfactory to the Administrator:
Conditions Precedent to Effectiveness of the Agreement. The effectiveness of this Agreement is subject to the fulfillment, to the satisfaction of Foothill and its counsel, of each of the following conditions:
Conditions Precedent to Effectiveness of the Agreement. Neither the Transfer nor the related transactions set forth in this Agreement and in the Transaction Documents shall become effective unless the following conditions have been satisfied or waived by Fingerhut on or before the Effective Date:
