Conditions to Effectiveness / Effective Date Sample Clauses
Conditions to Effectiveness / Effective Date. The effectiveness of this Agreement and the availability of the Revolving Credit Facility hereunder, is subject to the satisfaction of the following conditions (or the waiver of such conditions in accordance with Section 10.1):
Conditions to Effectiveness / Effective Date. The effectiveness of this Agreement and the availability of the Loans hereunder, is subject to the satisfaction of the following conditions (or the waiver of such conditions in accordance with Section 10.1):
Conditions to Effectiveness / Effective Date. The effectiveness of this Agreement and the availability of the Facility hereunder is subject to the satisfaction of the following conditions (or the waiver of such conditions in accordance with Section 10.1):
Conditions to Effectiveness / Effective Date. This Ninth Amendment shall become effective only upon completion of the following actions:
(a) The execution and delivery to the Agent of an Amendment and Confirmation of Guaranty, dated the date hereof and substantially in the form attached hereto as Annex A, by each of the Borrower's Subsidiaries;
(b) The execution and delivery by the Borrower of the Security Agreement;
(c) The execution and delivery by all of the Subsidiaries of the Subsidiary Security Agreement;
(d) The delivery to the Agent of (i) the result of UCC searches with respect to the Collateral and all other personal property of the Borrower and its Subsidiaries, and (ii) Perfection Certificates on behalf of the Borrower and its Subsidiaries, and (iii) executed UCC-1 Financing Statements respecting the Collateral for filing in all appropriate jurisdictions, in each case in form and substance reasonably satisfactory to the Agent.
(e) Certificates of appropriate officers of the Borrower and each Subsidiary which is a party to the documents referenced in clauses (a) through (c) above, in each case certifying as to its charter documents and by-laws, the incumbency of signing officers, and the adoption of necessary corporate votes;
(f) The delivery to the Agent and the other Banks of an opinion letter of Nut▇▇▇, ▇cC▇▇▇▇▇▇ & Fish, LLP, counsel to the Borrower and the Subsidiaries, respecting the transactions contemplated by this Ninth Amendment, in a form and addressing such specific matters as may be reasonably requested by the Agent and the Banks;
(g) Certificates of legal existence and good standing of the Borrower and each of its Subsidiaries issued by the respective jurisdictions of organization or formation of each such entity;
(h) The issuance, execution and delivery by the Borrower to each of the Banks of replacement Revolving Credit Notes, substantially in the respective forms attached hereto as Exhibit A-1 through Exhibit A-4, inclusive (each of which shall be in a Revolving Credit Note for all purposes of the Credit Agreement), in each case to reflect the downward adjustment of the Commitment of each Bank, as set forth in Schedule I hereto;
(i) Certificates of Insurance as of a recent date, identifying the types of insurance and insurance limits of the Borrower and the Subsidiaries, and, with respect to insurance of tangible personal property constituting a portion of the Collateral, evidencing loss payee/additional insured status of the Agent with respect to all such insurable property...
Conditions to Effectiveness / Effective Date. This Amendment shall become effective upon fulfillment, to Agent’s satisfaction, of each the following conditions (unless waived in writing by Agent):
Conditions to Effectiveness / Effective Date. The effectiveness of this Agreement and the availability of the loans hereunder, is subject to the satisfaction on or before December 28, 2006 of the following conditions (or the waiver of such conditions in accordance with Section 12.1):
Conditions to Effectiveness / Effective Date. This Amendment will be effective as of the date hereof upon the satisfaction of the following conditions precedent:
(a) Execution and delivery of this Amendment by the Transferor, Parent, the Atlantic Group, the Liberty Street Group and the Agents, and
(b) Execution of the Demand Note by Parent and endorsement and delivery thereof by the Transferor to the Administrative Agent to be held as collateral under the Receivables Transfer Agreement.
Conditions to Effectiveness / Effective Date. This Amendment will be effective as of the date hereof upon the satisfaction of the following conditions precedent:
(a) Execution and delivery of this Amendment by the FSIRC, Parent, the Originators, the Atlantic Group, the Liberty Street Group and the Agents, and
(b) Execution and delivery by FSIRC, the Agent and Bank of America, N.A. of an amendment to the Deposit Account Control Agreement dated as of October 4, 2004, as heretofore amended, adding each of the new Lockboxes and Collection Accounts thereto.
(c) FSIRC shall have paid to each of the Co-Agents in immediately available funds a fully-earned and nonrefundable waiver fee of $10,000 per Co-Agent.
Conditions to Effectiveness / Effective Date