Conditions Precedent to Effectiveness of the Amendment. The Amendment provided for hereby shall become effective as of the date (the “Amendment No. 8 Effective Date”) on which each of the following conditions have been satisfied or waived by the Administrative Agent:
Conditions Precedent to Effectiveness of the Amendment. This Agreement shall become effective as of the first date (the “Amendment No. 3 Effective Date”) that the following conditions precedent are satisfied:
Conditions Precedent to Effectiveness of the Amendment. The amendments described in Section 1 above are subject to the satisfaction of (or waiver by the Purchaser in its sole discretion) the following conditions precedent:
(a) The Company shall have entered into an amendment to the Loan and Security Agreement on terms satisfactory to the Purchaser;
(b) The Company shall have executed and delivered to the Purchaser this Amendment;
(c) The Company shall have executed and delivered to the Purchaser a Third Amended and Restated Senior Subordinated Promissory Note and an Amended and Restated Senior Subordinated Promissory Note, in the forms of the attached Exhibit A and Exhibit A-1, respectively;
(d) The Guarantors shall have executed and delivered to the Purchaser a Reaffirmation of Guaranty Agreement in the form attached to this Amendment; and
(e) The Company shall have executed and delivered such other documents and instruments that the Purchaser may reasonably request to effect the purposes of this Amendment.
Conditions Precedent to Effectiveness of the Amendment. This Amendment is subject to the satisfaction of (or waiver by the Bank in its sole discretion) the following conditions precedent:
(a) No Potential Event of Default or Event of Default under the Loan Agreement shall have occurred and be continuing;
(b) The Guarantors shall have executed and delivered to the Bank a Reaffirmation of Guaranty Agreement in the form attached to this Amendment; and
(c) The Borrower shall have executed and delivered such other documents and instruments that the Bank may reasonably request to effect the purposes of this Amendment.
Conditions Precedent to Effectiveness of the Amendment. The Amendment provided for hereby shall become effective as of the date (the “Amendment No. 3 Effective Date”) on which the following conditions have been satisfied:
(a) The Agent shall have received counterparts of this Amendment executed by the Borrower, the Lenders party hereto and the Agent.
(b) The Agent shall have received payment of all out-of-pocket expenses (including reasonable fees, charges and disbursements of Xxxx Xxxxxxxx LLP) incurred in connection with the preparation, negotiation and execution of this Amendment and other matters relating to the Credit Agreement to the extent invoiced and to the extent provided for, and in accordance with, Section 10.5 of the Credit Agreement. The Agent and each Lender, by delivering its signature page to this Amendment, shall be deemed to have acknowledged receipt of, and consented to and approved, each Loan Document and each other document required to be approved by the Agent or Lenders, as applicable on the Amendment No. 3 Effective Date.
Conditions Precedent to Effectiveness of the Amendment and Restatement 60
Conditions Precedent to Effectiveness of the Amendment. This Amendment is subject to the satisfaction of (or waiver by the Bank in its sole discretion) the following conditions precedent:
(a) The Borrower shall have paid to the Bank an amendment fee of $85,500.00;
(b) The Borrower shall have executed and delivered to the Bank an Amended and Restated Facility A Loan Note in the form of the attached Exhibit A;
(c) Argyle Security, Inc. shall have entered into Amendment No. 1 to Unconditional Continuing Guaranty in the form of the attached Exhibit B;
Conditions Precedent to Effectiveness of the Amendment. Notwithstanding the execution of this Amendment, the provisions hereof will come into force only upon the fulfillment of the following conditions to the satisfaction of the Lender provided that once the provisions hereof have come into effect, the amendment to Section 12.1(c) of the Credit Agreement shall, on an exceptional basis, be deemed to have been in effect as of April 30, 2018 and the Borrower will be deemed to have been in compliance therewith as of such date given that the Fixed Charge Coverage Ratio calculated as of April 30, 2018 was 1.33:1, which is greater than the minimum Fixed Charge Coverage Ratio as required in Section 2.16 hereof:
Conditions Precedent to Effectiveness of the Amendment. This Amendment is subject to the satisfaction of (or waiver by the Bank in its sole discretion) the following conditions precedent:
(a) The Borrower shall have paid to the Bank an amendment fee of $90,500.00;
(b) The Borrower shall have executed and delivered to the Bank an Amended and Restated Facility B Loan Note in the form of the attached Exhibit B;
(c) Argyle Security, Inc. shall have entered into a Guaranty Agreement in the form of the attached Exhibit C;
(d) The Guarantors shall have executed and delivered to the Bank a Reaffirmation of Guaranty Agreement in the form attached to this Amendment;
(e) The Borrower shall have executed and delivered such other documents and instruments that the Bank may reasonably request to effect the purposes of this Amendment.
Conditions Precedent to Effectiveness of the Amendment. The Amendment provided for hereby shall become effective as of the date (the “Amendment No. 1 Effective Date”) on which the Agent shall have received counterparts of this Amendment executed by the Borrower, the Lenders party hereto and the Agent. The Agent and each Lender, by delivering its signature page to this Amendment, shall be deemed to have acknowledged receipt of, and consented to and approved, each Loan Document and each other document required to be approved by the Agent or Lenders, as applicable on the Amendment No. 1 Effective Date.
