Conditions to Effectiveness of Third Amendment. The effectiveness of this Third Amendment is subject to the satisfaction or waiver of the following conditions:
Conditions to Effectiveness of Third Amendment. This Third Amendment shall become effective on the first date (the “Third Amendment Effective Date”) on which the Administrative Agent (or its counsel) shall have received duly executed counterparts hereof that, when taken together, bear the signatures of the Borrower and Lenders representing the Majority Lenders.
Conditions to Effectiveness of Third Amendment. Section 3.1 This Third Amendment shall not become effective until, and shall become effective when, each and every one of the following conditions shall have been satisfied:
(a) executed counterparts of this Third Amendment, duly executed by the Corporation and the Purchaser, shall have been delivered to the Purchaser; and
(b) the representations and warranties of the Corporation set forth in Section 2 hereof shall be true and correct on and with respect to the date hereof. Upon receipt of all of the foregoing, this Third Amendment shall become effective.
Conditions to Effectiveness of Third Amendment. This Third Amendment shall become effective on the first date (the “Third Amendment Effective Date”) on which:
(a) The Arranger and the Administrative Agent (or their respective counsels) shall have received duly executed counterparts hereof that, when taken together, bear their respective signatures and the signatures of the Borrower and each Lender;
(b) The Arranger and the Administrative Agent (or their respective counsels) shall have received a certificate dated the Third Amendment Effective Date from a Responsible Officer of the Borrower certifying that:
(i) The Borrower and its Subsidiaries, taken as a whole, after giving effect to this Third Amendment, are Solvent as of the Third Amendment Effective Date;
(ii) No Default or Event of Default has occurred and is continuing as of the Third Amendment Effective Date;
(iii) All representations and warranties of the Loan Parties set forth in Article IV of the Credit Agreement are true and correct as of the Third Amendment Effective Date in all material respects (except that to the extent any representation and warranty is qualified as to “Material Adverse Effect” or otherwise as to “materiality”, such representation and warranty shall be true and correct in all respects as of the Third Amendment Effective Date), except to the extent that any such representation and warranty relates solely to an earlier date, in which case such representation and warranty was true and correct in all material respects (except that to the extent any representation and warranty is qualified as to “Material Adverse Effect” or otherwise as to “materiality”, such representation and warranty was true and correct in all respects) as of such earlier date; and
(iv) The Organizational Documents of each Loan Party, including all amendments thereto, delivered to the Administrative Agent (or its predecessor in such capacity) on December 15, 2014 pursuant to the Credit Agreement, on March 31, 2015 pursuant to the First Amendment, on September 28, 2015 pursuant to the Second Amendment or on any other date prior to the Third Amendment Effective Date pursuant to any Joinder Agreement to the Credit Agreement, remain in full force and effect as of the Third Amendment Effective Date and have not been amended, waived or supplemented since such date of delivery to the Third Amendment Effective Date; and
(c) The Borrower shall have paid all fees due and payable pursuant to that certain Third Amendment Fee Letter dated as of even date herewith.
Conditions to Effectiveness of Third Amendment. The effectiveness of this Agreement is subject to the satisfaction of the following conditions precedent:
(a) Agent’s receipt of the following, each of which shall be originals or telecopies (followed promptly by originals) unless otherwise specified, each properly executed by a Responsible Officer of the signing Loan Party, each dated as of the date hereof and each in form and substance reasonably satisfactory to Agent:
(i) executed counterparts of this Agreement, sufficient in number for distribution to Lenders and the Borrower;
(ii) such documents and certifications as the Agent may reasonably require to evidence that each Loan Party is duly organized or formed, and that each Loan Party is validly existing, in good standing (where such concept is applicable) and qualified to engage in business in each jurisdiction where its ownership, lease or operation of properties or the conduct of its business requires such qualification, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect.
Conditions to Effectiveness of Third Amendment. This Amendment shall become effective (the “Third Amendment Effective Date”) upon the satisfaction of the following conditions precedent:
(a) the Administrative Agent (or its counsel) shall have received duly executed counterparts hereof that, when taken together, bear the signatures of IBM, the Subsidiary Borrowers and Lenders representing the Required Lenders; and
(b) each of (i) the 364-Day Credit Agreement, dated as of July 20, 2017, among IBM, IBM Credit LLC, the lenders party thereto, JPMorgan Chase Bank, N.A., as administrative agent, and the other agents and parties party thereto and (ii) the Three-Year Credit Agreement, dated as of July 20, 2017, among IBM, IBM Credit LLC, the lenders party thereto, JPMorgan Chase Bank, N.A., as administrative agent, and the other agents and parties party thereto, shall be effective.
Conditions to Effectiveness of Third Amendment. This Third Amendment ---------- ------------------------------------------------------------- to the Credit Agreement shall become effective upon satisfaction of the following conditions:
Conditions to Effectiveness of Third Amendment. This Third Amendment shall become effective on and as of the date (the “Third Amendment Effective Date”) of satisfaction of the following conditions:
(a) the Administrative Agent shall have received executed counterparts of this Third Amendment from the Parent Guarantor, the Borrower, the Administrative Agent and the Lenders constituting the Required Lenders;
(b) the representations and warranties set forth in Section 4 hereof shall be true and correct;
(c) the Administrative Agent shall have received all fees and other amounts due and payable on or prior to the Third Amendment Effective Date, including, to the extent invoiced at least two (2) Business Days prior to the Third Amendment Effective Date, reimbursement or payment of all reasonable and documented out of pocket expenses required to be reimbursed or paid by any Loan Party under any Loan Document.
Conditions to Effectiveness of Third Amendment. This Third Amendment shall be effective upon the satisfaction, in the Administrative Agent’s sole discretion, of the following conditions precedent:
(i) The Administrative Agent shall have executed, and shall have received from each of the Borrowers and the Required Lenders duly executed signature pages to, this Third Amendment, and shall have received a duly executed acknowledgement of Section 4 of this Third Amendment from each Guarantor;
(ii) the Administrative Agent shall have received such other documents as the Administrative Agent or its counsel may reasonably request; and
(iii) the Administrative Agent and the Lenders shall have received all fees and other amounts due and payable, including, to the extent invoiced, reimbursement or payment of all out-of-pocket expenses required to be reimbursed or paid by the Borrowers hereunder.
Conditions to Effectiveness of Third Amendment. This Third Amendment shall become effective on the date (the "Effective Date") when Borrower shall satisfy all of the following conditions:
