Conditions Precedent to Effectiveness of this Modification. The ---------------------------------------------------------- effectiveness of this Modification and the amendments provided in Section 1 above are subject to the truth and accuracy in all material respects of the representations and warranties of the Borrower contained in Section 3 above and to the fulfillment of the following additional conditions precedent (all documents described below shall be in form and substance satisfactory to Lender, and are herein collectively called the "Supplemental Credit Documents"): -----------------------------
(a) Lender shall have received one or more duly executed counterparts of this Modification, the Fourth Term Loan Note, the Third Modification of Second Borrower Pledge Agreement, and the Third Modification of Amended and Restated Second Guarantor Pledge Agreement;
(b) Lender shall have received a duly executed Guarantor Reaffirmation and Consent to Sixth Modification of Loan Agreement from the Guarantor and a duly executed Partnership Reaffirmation and Consent to Sixth Modification of Loan Agreement from the Partnership; and
(c) Lender shall have received a duly executed and completed Federal Reserve Form U-1 relating to the Second Term Loan, the Third Term Loan and the Fourth Term Loan.
Conditions Precedent to Effectiveness of this Modification. The effectiveness of this Modification and the amendment and waiver provided in Section 1 and Section 2 above are subject to (i) the truth and accuracy in all material respects of the representations and warranties of each Credit Party contained in Section 4 above, (ii) the Agent's and Lender's receipt of one or more counterparts of this Modification duly executed and delivered by the Credit Parties, and (iii) Borrower's payment of the fees and expenses set forth in the letter agreement dated as of June 26, 1998 between Borrower and Lender.
Conditions Precedent to Effectiveness of this Modification. The effectiveness of this Modification and the amendment(s) provided in Section 1, above, are subject to the truth and accuracy in all material respects of the representations and warranties of the Borrower contained in Section 3, above, and to the fulfillment of the following additional conditions precedent: (a) Lender shall have received one or more counterparts of this Modification duly executed and delivered by the Borrower.
Conditions Precedent to Effectiveness of this Modification. Bank's obligations to make the initial advances hereunder and under the Loan Documents are subject to the following conditions precedent:
Conditions Precedent to Effectiveness of this Modification. The effectiveness of this Modification and the amendments provided herein are subject to the fulfillment of the following conditions precedent:
(a) the Holder shall have received one or more counterparts of this Modification duly executed by the Borrower;
(b) each and every representation and warranty of the Borrower set forth in Section 4 above shall be true and correct in all material respects as of the date of, and after giving effect to, this Modification; and
(c) there shall not exist as of the date of, and after giving effect to, this Modification any Default or Event of Default under the Notes as amended by this Modification.
Conditions Precedent to Effectiveness of this Modification. The effectiveness of this Modification is subject to the truth and accuracy in all material respects of the representations and warranties of the Borrower contained in Section 4 above and to the fulfillment of the following additional conditions precedent:
a. the Lender shall have received one or more counterparts of this Modification duly executed and delivered by the Borrower; and
b. the Lender shall have received (1) a signed opinion of counsel to the Borrower, substantially in the form of Exhibit E attached hereto, and (2) a certified copy of the resolution adopted by the Borrower’s governing body, substantially in the form of Exhibit F attached hereto.
Conditions Precedent to Effectiveness of this Modification. The effectiveness of this Modification and the amendments provided in Section 2 above are subject to the fulfillment of the following additional conditions precedent:
(a) the Agent shall have received one or more counterparts of this Modification duly executed by the Borrower, the Agent, the Co-Agent and the Banks;
(b) receipt by the Agent (for the benefit of the Banks) of the unpaid Commitment Fees which have accrued through the effective date of the Fourth Modification of Amended and Restated Credit Agreement among the Borrower, the Agent, the Co-Agent and the Banks signatory thereto;
(c) the Agent shall have received (i) a Reaffirmation of Pledge Agreement from Borrower and (ii) a Confirmation of Guaranty and Reaffirmation of Pledge Agreement from the Guarantors, each in form and substance satisfactory to the Agent;
(d) the Agent shall have received one or more counterparts of an Officer's Certificate in form and substance acceptable to the Agent executed by the Borrower and each Guarantor;
(e) the Agent shall have received opinions of (i) Borrower's and the Guarantors' counsel in form and substance reasonably satisfactory to the Agent and (ii) in-house counsel to the Borrower and the Guarantors in form and substance reasonably satisfactory to the Agent; (f) the Agent shall have received certificates of good standing for each of the Borrower and the Guarantors in the jurisdictions set forth on Schedule 8.01;
Conditions Precedent to Effectiveness of this Modification. The effectiveness of this Modification and the amendments provided in Section 1 above are subject to (a) the truth and accuracy in all material respects of the representations and warranties of the Borrower contained in Section 3 above and (b) the Bank's receipt of one or more counterparts of this Modification, the enclosed $1,500,000 Promissory Note and the enclosed officer's certificate, each duly executed and delivered by Borrower.
Conditions Precedent to Effectiveness of this Modification. The effectiveness of this Modification and the amendment(s) provided in Section 1, above, are subject to the fulfillment of the following conditions precedent: (a) Lender shall have received one or more counterparts of this Modification duly executed and delivered by the Borrower; and (b) if and to the extent required by Lender, any and all guarantors of the Note shall have consented to the execution, delivery and performance of this Modification and all of the transactions contemplated hereby by signing one or more counterparts of this Modification in the appropriate space indicated below and returning the same to Lender.
Conditions Precedent to Effectiveness of this Modification. The effectiveness of this Modification and the amendments provided above are subject to the truth and accuracy in all material respects of the representations and warranties contained in Section 3 above and to the prior fulfillment of the following additional conditions precedent:
(a) Bank shall have received one or more counterparts of this Modification duly executed and delivered by Borrower;
(b) Bank also shall have received a duly completed and executed closing certificate from the Borrower in form and substance satisfactory to Bank;
(c) Bank also shall have received a replacement Revolving Loan Note duly executed and delivered by Borrower in favor of Bank to evidence the Revolving Loans, in the stated principal amount of SIX MILLION AND NO/100 DOLLARS ($6,000,000.00), which shall be in the form of Exhibit A attached hereto; and
(d) Bank also shall have received in consideration of Bank increasing the Revolving Loan Commitment made available to the Borrower under the Credit Agreement, in immediately available funds, a commitment fee in the amount of $2,000.00, which fee shall be fully earned when received by Bank and shall be non-refundable.
