Common use of Conditions Precedent to First Amendment Clause in Contracts

Conditions Precedent to First Amendment. The satisfaction of each of the following, unless waived or deferred by Agent, in its sole discretion, shall constitute conditions precedent to the effectiveness of this First Amendment and each and every provision hereof: (a) Agent shall have received this First Amendment fully executed by each of the parties hereto; (b) The representations and warranties in this First Amendment, the Loan Agreement as amended hereby and the other Loan Documents shall be true and correct in all respects on and as of the date hereof, as though made on such date (except to the extent that such representations and warranties relate solely to an earlier date); (c) No Event of Default shall have occurred and be continuing on the date hereof, nor shall any Default or Event of Default result from the consummation of the transactions contemplated herein; (d) No injunction, writ, restraining order, or other order of any nature prohibiting, directly or indirectly, the consummation of the transactions contemplated herein shall have been issued and remain in force by any court or other governmental authority against Borrower, Agent or any Lender; and (e) Agent shall have received a First Amendment fee of $25,000. (f) Agent shall have received payment in full of its out-of-pocket expenses (including reasonable attorneys’ fees and expenses) incurred in connection with the Loan Agreement and this First Amendment.

Conditions Precedent to First Amendment. The satisfaction of each of --------------------------------------- the following, unless waived or deferred by the Agent, in its sole discretion, shall constitute conditions precedent to the effectiveness of this First Amendment and each and every provision hereof: (a) Agent shall have received this First Amendment fully executed by each of the parties hereto; (b) The representations and warranties in this First Amendment, the Loan Agreement as amended hereby by this First Amendment, and the other Loan Documents shall be true and correct in all material respects on and as of the date hereof, as though made on such date (except to the extent that such representations and warranties relate solely to an earlier date); (cb) No Event of Default shall have occurred and be continuing on the date hereof, nor shall any Default or Event of Default result from the consummation of the transactions transactions, including, without limitation, the Littleton Closing, contemplated herein; (dc) No injunction, writ, restraining order, or other order of any nature prohibiting, directly or indirectly, the consummation of the transactions contemplated herein shall have been issued and remain in force by any court Governmental Authority against the Borrowers or other governmental authority against Borrower, the Agent; (d) The Agent or any Lendershall have received a first amendment fee of $50,000 from the Borrowers; and (e) Agent shall have received a First Amendment fee of $25,000. (f) The Agent shall have received payment in full of its out-of-of pocket expenses (including reasonable attorneys’ ' fees and expenses) incurred in connection with the Loan Agreement and this First Amendment.

Conditions Precedent to First Amendment. The satisfaction of each of the following, unless waived or deferred by the Agent, in its sole discretion, shall constitute conditions precedent to the effectiveness of this First Amendment and each and every provision hereof: (a) The Agent shall have received this First Amendment fully duly executed by each of the parties hereto; (b) The representations and warranties in this First Amendment, the Loan Agreement (as amended hereby hereby) and the other Loan Documents shall be true and correct in all respects on and as of the date hereof, as though made on such date (except to the extent that such representations and warranties relate solely to an earlier date); (c) No Except for the Identified Events of Default, no Event of Default shall have occurred and be continuing on the date hereof, nor shall any Default or Event of Default result from the consummation of the transactions contemplated herein;; and (d) No injunction, writ, restraining order, or other order of any nature prohibiting, directly or indirectly, the consummation of the transactions contemplated herein shall have been issued and remain in force by any court or other governmental authority against Borrower, Agent or any Lender; and (e) Agent shall have received a First Amendment fee of $25,000. (f) Agent shall have received payment in full of its out-of-pocket expenses (including reasonable attorneys’ fees and expenses) incurred in connection with the Loan Agreement and this First AmendmentParties or the Agent.

Conditions Precedent to First Amendment. The satisfaction of each of the following, unless waived or deferred by Agent, in its sole discretion, shall constitute conditions precedent to the effectiveness of this First Amendment and each and every provision hereof: (a) Agent shall have received this First Amendment fully executed by each of the parties hereto; (b) The representations and warranties in this First Amendment, the Loan Agreement as amended hereby by this First Amendment, and the other Loan Documents shall be true and correct in all respects on and as of the date hereof, as though made on such date (except to the extent that such representations and warranties relate solely to an earlier date); (cb) No Event of Default shall have occurred and be continuing on the date hereof, nor shall any Default or Event of Default result from the consummation of the transactions contemplated herein; (dc) No injunction, writ, restraining order, or other order of any nature prohibiting, directly or indirectly, the consummation of the transactions contemplated herein shall have been issued and remain in force by any court Governmental Authority against Borrower or other governmental authority against Borrower, Agent; (d) Agent or any Lender; andshall have received the Availability Letter of Credit; (e) Agent shall have received a First Amendment first amendment fee of $25,000.7,500 from Borrower; and (f) Agent shall have received payment in full of its out-of-of pocket expenses (including reasonable attorneys’ ' fees and expenses) incurred in connection with the Loan Agreement and this First Amendment.