Conditions to Effectiveness of the Commencement Date Sample Clauses

Conditions to Effectiveness of the Commencement Date. The effectiveness of the Commencement Date shall be subject to satisfaction of the following conditions precedent: (i) The Company shall have delivered evidence reasonably satisfactory to Macquarie that demonstrates the Company has successfully achieved Conversion Completion with respect to the Renewable Diesel Project; (ii) Macquarie or its representatives shall have conducted an inspection of the Refinery and the other Refinery Facilities and the operations thereof and shall have completed all necessary due diligence (including with respect to such matters listed in Section 2.1(hh)), all on terms and conditions reasonably satisfactory to Macquarie; (iii) Each of the Transaction Documents, the Base Agreements and the Financing Agreements shall be in full force and effect as of the Commencement Date and no defaults exist thereunder; (iv) Prior to the Commencement Date, the Company shall have provided to Macquarie an expected Renewable Product yield for the Refinery based on its then current operating forecast for the Refinery (the “Initial Estimated Yield”); (v) The Company shall have delivered to Macquarie executed copies of any amendments, supplements or modifications to the Montana Renewables Services Agreement, if any, entered into by the Company and Calumet Montana since the Effective Date; (vi) All representations and warranties of the Company and its Subsidiaries contained in the Transaction Documents shall be true and correct on and as of the Commencement Date, except for such representations and warranties that are expressly limited to another date; (vii) The Company shall have complied with all covenants and agreements hereunder that it is required to comply with on or before the Commencement Date; (viii) No action or proceeding shall have been instituted nor shall any action by a Governmental Authority be threatened, nor shall any order, judgment or decree have been issued or proposed to be issued by any Governmental Authority as of the Commencement Date to set aside, restrain, enjoin or prevent the ongoing transactions and performance of the obligations contemplated by this Agreement; (ix) Neither the Refinery nor any of the Included Locations shall have been affected adversely or threatened to be affected adversely by any loss or
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Related to Conditions to Effectiveness of the Commencement Date

  • Conditions to Effectiveness of Extensions Notwithstanding the foregoing, the extension of the Maturity Date pursuant to this Section shall not be effective with respect to any Lender unless:

  • Conditions to Effectiveness of Extension Notwithstanding the foregoing, (x) no more than two (2) extensions of the Maturity Date shall be permitted hereunder and (y) any extension of any Maturity Date pursuant to this Section 2.21 shall not be effective with respect to any Extending Lender unless:

  • Conditions to Effectiveness of Agreement This Agreement shall become effective on the date (the "Effective Date") each of the following conditions precedent is satisfied:

  • Conditions to Effectiveness of Increase As a condition precedent to such increase, the Borrower shall deliver to the Administrative Agent a certificate of each Loan Party dated as of the Increase Effective Date signed by a Responsible Officer of such Loan Party (i) certifying and attaching the resolutions adopted by such Loan Party approving or consenting to such increase, and (ii) in the case of the Borrower, certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Section 5 and the other Loan Documents are true and correct in all material respects on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct in all material respects as of such earlier date, and except that for purposes of this Section 2.11, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no Default exists. To the extent that the increase of the Commitments shall take the form of a new term loan tranche, this Agreement shall be amended, in form and substance satisfactory to the Administrative Agent, to include such terms as are customary for a term loan commitment. The Borrower shall prepay any Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Total Credit Exposure of any Lender under this Section, and each Loan Party shall execute and deliver such documents or instruments as the Administrative Agent may require to evidence such increase in the Total Credit Exposure of any Lender and to ratify each such Loan Party’s continuing obligations hereunder and under the other Loan Documents.

  • CONDITIONS TO EFFECTIVENESS OF THIS FIRST AMENDMENT Section 3.1. This First Amendment shall not become effective until, and shall become effective when, each and every one of the following conditions shall have been satisfied:

  • Conditions to Effectiveness This Amendment shall become effective as of the date hereof and upon the satisfaction of the following conditions precedent:

  • Conditions to Effectiveness of Amendment This Amendment shall become effective on the date on which the following conditions precedent have been satisfied or waived (the “Amendment Effective Date”):

  • Conditions to Effectiveness of this Agreement The effectiveness of this Agreement is subject to the satisfaction of the following conditions precedent:

  • CONDITIONS TO EFFECTIVENESS AND LENDING SECTION 3.01.

  • Conditions to Effective Date It shall be a condition to the Effective Date that each of the following conditions shall have been satisfied or waived as of such date, and upon such satisfaction or waiver, this Agreement shall be effective:

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