Common use of CONDITIONS PRECEDENT TO THIS AMENDMENT Clause in Contracts

CONDITIONS PRECEDENT TO THIS AMENDMENT. The satisfaction of each of the following shall constitute conditions precedent to the effectiveness of this Amendment and each and every provision hereof: a. Lender shall have received this Amendment, duly executed by Borrower, and the same shall be in full force and effect; b. Lender shall have received a reaffirmation and consent substantially in the form attached hereto as Exhibit A, duly executed and delivered by each Subsidiary of Borrower that is listed on the signature pages thereof; c. The representations and warranties in the Credit Agreement 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); d. No Default or Event of Default shall have occurred and be continuing as of the date of the effectiveness of this Amendment after giving effect to this Amendment; and e. 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 Governmental Authority against Borrower. f. All other documents and legal matters in connection with the transactions contemplated by this Amendment shall have been delivered, executed, or recorded and shall be in form and substance reasonably satisfactory to Lender.

CONDITIONS PRECEDENT TO THIS AMENDMENT. The satisfaction of each of the following shall constitute conditions precedent to the effectiveness of this Amendment and each and every provision hereof: a. Lender shall have received (a) After giving effect to this Amendment, duly executed by Borrower, and the same shall be in full force and effect; b. Lender shall have received a reaffirmation and consent substantially in the form attached hereto as Exhibit A, duly executed and delivered by each Subsidiary of Borrower that is listed on the signature pages thereof; c. The representations and warranties in this Amendment, the Credit Loan Agreement 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); d. No (b) Agent shall have received the reaffirmation and consent of each Guarantor and Limited Recourse Guarantor attached hereto as Exhibit A (the "Consent"), duly executed and delivered by an authorized official of each Guarantor and of Limited Recourse Guarantor; (c) After giving effect to this Amendment, no Default or Event of Default shall have occurred and be continuing on the date hereof or as of the date of the effectiveness of this Amendment after giving effect to this Amendment; and e. (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 Governmental Authority against any Borrower. f. All other documents and legal matters in connection with the transactions contemplated by this Amendment shall have been delivered, executedany Guarantor, Limited Recourse Guarantor, or recorded and shall be in form and substance reasonably satisfactory to Lenderany member of the Lender Group.

CONDITIONS PRECEDENT TO THIS AMENDMENT. The satisfaction of each of the following shall constitute conditions precedent to the effectiveness Notwithstanding any other provision of this Amendment and each without affecting in any manner the rights of the Administrative Agent and every provision hereofthe Lenders hereunder, it is understood and agreed that this Amendment shall not become effective, and the Borrower Parties shall have no rights under this Amendment, until the following conditions have been satisfied: a. Lender (a) the Administrative Agent shall have received counterparts to this Amendment, duly executed by the Borrower, each of the Guarantors, the Majority Lenders and the same shall be in full force and effectAdministrative Agent; b. Lender (b) the Administrative Agent shall have received a reaffirmation and consent substantially an amendment fee from the Borrower in the form attached hereto as Exhibit A, duly executed and delivered by each Subsidiary amount of Borrower that is listed on the signature pages thereof$25,000; c. The (c) after giving effect to this Amendment, the representations and warranties in this Amendment, the Credit Agreement 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); d. No (d) after giving effect to this Amendment, no Default or Event of Default shall have occurred and be continuing on the date hereof or as of the date of the effectiveness of this Amendment after giving effect to this Amendment; andand LEGAL_US_E # 77074234.7 e. No (e) 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 Governmental Authority against the Borrower. f. All other documents and legal matters in connection with the transactions contemplated by this Amendment shall have been delivered, executedany Guarantor, or recorded and shall be in form and substance reasonably satisfactory to Lenderany Lender or the Administrative Agent.

CONDITIONS PRECEDENT TO THIS AMENDMENT. The satisfaction of each of the following shall constitute conditions precedent to the effectiveness of this Amendment and each and every provision hereof: a. (a) Lender shall have received this Amendment, duly executed by Borrower, and the same shall be in full force and effect; b. (b) Lender shall have received a reaffirmation and consent substantially in the form attached hereto as Exhibit AB, duly executed and delivered by each Subsidiary of Borrower that is listed on the signature pages thereof;. c. (c) The representations and warranties in the Credit Agreement 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); d. (d) No Default or Event of Default shall have occurred and be continuing as of the date of the effectiveness of this Amendment after giving effect to this Amendment; and e. (e) 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 Governmental Authority against Borrower. f. All other documents and legal matters in connection with the transactions contemplated by this Amendment shall have been delivered, executed, or recorded and shall be in form and substance reasonably satisfactory to Lender.

CONDITIONS PRECEDENT TO THIS AMENDMENT. The satisfaction of each of the following shall constitute conditions precedent to the effectiveness of this Amendment and each and every provision hereof: a. Lender Agent shall have received this Amendment, duly executed by Borrower, and the same shall be in full force and effect; b. Lender Agent shall have received a reaffirmation and consent (the “Reaffirmation and Consent”) substantially in the form attached hereto as Exhibit AD, duly executed and delivered by each Subsidiary of Borrower Person that is listed on the signature pages thereof; c. The representations and warranties in the Credit Agreement 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)) after giving effect to this Amendment; d. No Default or Event of Default shall have occurred and be continuing as of the date of the effectiveness of this Amendment after giving effect to this Amendment; and; e. 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 Governmental Authority against Borrower.; and f. All other documents and legal matters in connection with the transactions contemplated by this Amendment Agent shall have been deliveredreceived, executedin immediately available funds, or recorded and shall be the Amendment Fee referred to in form and substance reasonably satisfactory to LenderSection 7(a) hereof.