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 Section 3 of this Amendment (the date on which such conditions precedent are satisfied or waived by Lender shall be the “Second Amendment Effective Date”): 4.1 The representations and warranties in the Loan Agreement and the other Loan Documents shall be true and correct in all material respects on and as of the date hereof and the date of the effectiveness of this Amendment, as though made on such dates (except to the extent that such representations and warranties relate solely to an earlier date); 4.2 After giving effect to this Amendment, no Event of Default shall have occurred and be continuing on the date hereof or as of the Second Amendment Effective Date. 4.3 Lender shall have received written evidence satisfactory to Lender that Heritage shall have consented to the Borrower’s execution and delivery of this Amendment.

CONDITIONS PRECEDENT TO THIS AMENDMENT. The satisfaction of each of the following shall constitute conditions precedent to the effectiveness of Section 3 of this Amendment (the date on which such conditions precedent are satisfied or waived by Lender shall be the “Second Third Amendment Effective Date”): 4.1 The representations and warranties in the Loan Agreement and the other Loan Documents shall be true and correct in all material respects on and as of the date hereof and the date of the effectiveness of this Amendment, as though made on such dates (except to the extent that such representations and warranties relate solely to an earlier date); 4.2 After giving effect to this Amendment, no Event of Default shall have occurred and be continuing on the date hereof or as of the Second Third Amendment Effective Date. 4.3 Lender shall have received a first amendment to forbearance agreement, duly executed and delivered by each party thereto. 4.4 Lender shall have received written evidence satisfactory to Lender that Heritage shall have consented to the Borrower’s execution and delivery of this Amendment.

CONDITIONS PRECEDENT TO THIS AMENDMENT. The satisfaction of each of the following shall constitute conditions precedent to the effectiveness of Section 3 of this Amendment (the date on which such conditions precedent are satisfied or waived by and each and every provision hereof: .1 Lender shall have received this Amendment, duly executed by Borrower, and the same shall be the “Second Amendment Effective Date”):in full force and effect; 4.1 .2 The representations and warranties in the Loan Credit Agreement and the other Loan Documents shall be true and correct in all material respects on and as of the date hereof and the date of the effectiveness of this Amendmenthereof, as though made on such dates date (except to the extent that such representations and warranties relate solely to an earlier date); 4.2 After giving effect to this Amendment, no ; .3 No Default or Event of Default shall have occurred and be continuing on the date hereof or as of the Second Amendment Effective Date. 4.3 Lender shall have received written evidence satisfactory to Lender that Heritage shall have consented to date of the Borrower’s execution and delivery effectiveness of this Amendment after giving effect to this Amendment.; and

CONDITIONS PRECEDENT TO THIS AMENDMENT. The satisfaction of each of the following shall constitute conditions precedent to the effectiveness of Section 3 of this Amendment (the date on which such conditions precedent are satisfied or waived by Lender shall be the “Second Fourth Amendment Effective Date”): 4.1 The representations and warranties in the Loan Agreement and the other Loan Documents shall be true and correct in all material respects on and as of the date hereof and the date of the effectiveness of this Amendment, as though made on such dates (except to the extent that such representations and warranties relate solely to an earlier date);. 4.2 After giving effect to this Amendment, no Event of Default shall have occurred and be continuing on the date hereof or as of the Second Fourth Amendment Effective Date. 4.3 Lender shall have received written evidence satisfactory a first amendment to Lender that Heritage shall have consented to the Borrower’s execution forbearance agreement, duly executed and delivery of this Amendmentdelivered by each party thereto.