Conditions to Effectiveness of this Amendment. Notwithstanding any other provision of this Amendment and without affecting in any manner the rights of the Lenders hereunder, it is understood and agreed that this Amendment shall not become effective, and the Borrowers shall have no rights under this Amendment, until the Administrative Agent shall have received (i) reimbursement or payment of its reasonable costs and expenses incurred in connection with this Amendment or the Credit Agreement (including reasonable fees, charges and disbursements of King & Spalding LLP, counsel to the Administrative Agent), and (ii) executed counterparts to this Amendment from the Borrowers, each of the Guarantors and the Required Lenders.
Appears in 4 contracts
Samples: Revolving Credit and Term Loan Agreement (Fox Factory Holding Corp), Revolving Credit and Term Loan Agreement (Fox Factory Holding Corp), Revolving Credit and Term Loan Agreement (Fox Factory Holding Corp)
Conditions to Effectiveness of this Amendment. Notwithstanding any other provision of this Amendment and without affecting in any manner the rights of the Lenders hereunder, it is understood and agreed that this Amendment shall not become effective, and the Borrowers Borrower shall have no rights under this Amendment, until the Administrative Agent shall have received (i) reimbursement or payment of its reasonable costs and expenses incurred in connection with this Amendment or the Credit Agreement (including reasonable fees, charges and disbursements of King & Spalding LLP, counsel to the Administrative Agent), and (ii) executed counterparts to this Amendment from the BorrowersBorrower, each of the Subsidiary Guarantors and the Required Lenders.
Appears in 3 contracts
Samples: Treasury Secured Revolving Credit Agreement (NGP Capital Resources CO), Revolving Credit Agreement (NGP Capital Resources CO), Treasury Secured Revolving Credit Agreement (NGP Capital Resources CO)
Conditions to Effectiveness of this Amendment. Notwithstanding any other provision of this Amendment and without affecting in any manner the rights of the Lenders hereunder, it is understood and agreed that this Amendment shall not become effective, and the Borrowers Borrower shall have no rights under this Amendment, until the Administrative Agent shall have received (i) reimbursement or payment of its reasonable costs and expenses incurred in connection with this Amendment or the Credit Agreement (including reasonable fees, charges and disbursements of King & Spalding LLP, counsel to the Administrative Agent), and (ii) executed counterparts to this Amendment from the BorrowersBorrower, each of the Guarantors and the Required Lenders.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Dollar General Corp), Revolving Credit Agreement (Haverty Furniture Companies Inc), Revolving Credit Agreement (Dollar General Corp)
Conditions to Effectiveness of this Amendment. Notwithstanding any other provision of this Amendment and without affecting in any manner the rights of the Lenders hereunder, it is understood and agreed that this Amendment shall not become effective, and the Borrowers Borrower shall have no rights under this Amendment, until the Administrative Agent shall have received (i) reimbursement or payment of its reasonable costs and expenses incurred in connection with this Amendment or the Credit Agreement (including reasonable fees, charges and disbursements of King & Spalding LLP, counsel to the Administrative Agent), and (ii) executed counterparts to this Amendment from the BorrowersBorrower, each of the Guarantors and the Required Lenders.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Bristow Group Inc), Revolving Credit Agreement (Bristow Group Inc), Revolving Credit Agreement (Bristow Group Inc)
Conditions to Effectiveness of this Amendment. Notwithstanding any other provision of this Amendment and without affecting in any manner the rights of the Lenders hereunder, it is understood and agreed that this Amendment shall not become effective, and the Borrowers Borrower shall have no rights under this Amendment, until the Administrative Agent shall have received (i) reimbursement or payment of its reasonable costs and expenses incurred in connection with this Amendment or the Credit Agreement (including reasonable fees, charges and disbursements of King & Spalding LLP, counsel to the Administrative Agent), and (ii) executed counterparts to this Amendment from the BorrowersBorrower, each of the Guarantors and the Required Lenders.
Appears in 3 contracts
Samples: Letter of Credit Facility Agreement (Bristow Group Inc), Letter of Credit Facility Agreement (Bristow Group Inc), Letter of Credit Facility Agreement (Bristow Group Inc)
Conditions to Effectiveness of this Amendment. Notwithstanding any other provision of this Amendment and without affecting in any manner the rights of the Lenders hereunder, it is understood and agreed that this Amendment shall not become effective, and the Borrowers Borrower shall have no rights under this Amendment, until the Administrative Agent shall have received (i) reimbursement or payment of its reasonable costs and expenses incurred in connection with the preparation, execution and delivery of this Amendment or Amendment, including, without limitation, the Credit Agreement (including reasonable fees, charges fees and disbursements out-of-pocket expenses of King & Spalding LLP, outside counsel to for the Administrative Agent), Agent with respect thereto and (ii) executed counterparts to this Amendment from the BorrowersBorrower, each of the Guarantors and the Required Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Buckeye GP Holdings L.P.), Credit Agreement (Buckeye Partners, L.P.)
Conditions to Effectiveness of this Amendment. Notwithstanding any other provision of this Amendment and without affecting in any manner the rights of the Lenders hereunder, it is understood and agreed that this Amendment shall not become effective, and the Borrowers Borrower shall have no rights under this Amendment, until the Administrative Agent shall have received (i) reimbursement or payment of its reasonable costs and expenses incurred in connection with this Amendment or the Credit Agreement (including reasonable fees, charges and disbursements of King & Spalding LLP, counsel to the Administrative Agent), and (ii) executed counterparts to this Amendment from the BorrowersBorrower, each of the Guarantors Subsidiary Loan Parties and the Required Lenders.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Walter Investment Management Corp), Revolving Credit Agreement (Walter Investment Management Corp)
Conditions to Effectiveness of this Amendment. Notwithstanding any other provision of this Amendment and without affecting in any manner the rights of the Lenders hereunder, it is understood and agreed that this Amendment and the terms contemplated hereby shall not become effective, and the Borrowers Borrower shall have no rights under this Amendment, until the Administrative Agent shall have received (i) counterparts of this Amendment executed by the Required Lenders, the Administrative Agent and the Borrower; and (ii) reimbursement or payment of its reasonable costs and expenses incurred in connection with this Amendment or the Credit Agreement (including reasonable fees, charges and disbursements of King & Spalding LLP, counsel to the Administrative Agent), and (ii) executed counterparts to this Amendment from the Borrowers, each of the Guarantors and the Required Lenders.
Appears in 2 contracts
Samples: Term Loan Agreement (Atmos Energy Corp), Revolving Credit Agreement (Atmos Energy Corp)
Conditions to Effectiveness of this Amendment. Notwithstanding any other provision of this Amendment and without affecting in any manner the rights of the Lenders hereunder, it is understood and agreed that this Amendment shall not become effective, and the Borrowers Borrower shall have no rights under this Amendment, until the Administrative Agent shall have received (i) reimbursement or payment of its reasonable costs and expenses incurred in connection with the preparation, execution and delivery of this Amendment or Amendment, including, without limitation, the Credit Agreement (including reasonable fees, charges fees and disbursements out-of-pocket expenses of King & Spalding LLP, outside counsel to for the Administrative Agent), Agent with respect thereto and (ii) executed counterparts to this Amendment from the BorrowersBorrower, each of the Guarantors and the Required Lenders.;
Appears in 1 contract
Conditions to Effectiveness of this Amendment. Notwithstanding any other provision of this Amendment and without affecting in any manner the rights of the Lenders hereunder, it is understood and agreed that this Amendment shall not become effective, and the Borrowers Borrower shall have no rights under this Amendment, until the Administrative Agent shall have received (ia) reimbursement or payment of its reasonable costs and expenses incurred in connection with this Amendment or (including, to the Credit Agreement (including extent invoiced, reasonable fees, charges and disbursements of King & Spalding LLP, counsel to the Administrative Agent), and (iib) executed counterparts to this Amendment from the BorrowersBorrower, each of the Subsidiary Guarantors and the Required Lenders.
Appears in 1 contract
Samples: Credit Agreement (Cytyc Corp)
Conditions to Effectiveness of this Amendment. Notwithstanding any other provision of this Amendment and without affecting in any manner the rights of the Lenders hereunder, it is understood and agreed that this Amendment shall not become effective, and the Borrowers Borrower shall have no rights under this Amendment, unless and until the Administrative Agent shall have received (i) reimbursement or payment of its reasonable costs and expenses incurred in connection with this Amendment or the Credit Agreement (including reasonable fees, charges and disbursements of King & Spalding LLP, counsel to the Administrative Agent), and (ii) executed counterparts to this Amendment from signed by the BorrowersBorrower, each of the Guarantors and the Required Lenders, and (iii) executed counterparts to the New Treasury Credit Agreement together with evidence that all conditions precedent thereto have been satisfied.
Appears in 1 contract
Samples: Revolving Credit Agreement (NGP Capital Resources Co)
Conditions to Effectiveness of this Amendment. Notwithstanding any other provision of this Amendment and without affecting in any manner the rights of the Lenders hereunder, it is understood and agreed that this Amendment shall not become effective, and the Borrowers shall have no rights under this Amendment, until the Administrative Agent shall have received (i) reimbursement or payment of its reasonable costs and expenses incurred in connection with this Amendment or the Credit Agreement to the extent required under Section 11.2 of the Credit Agreement (including reasonable fees, charges and disbursements of King & Spalding LLP, counsel to the Administrative Agent), Agent to the extent invoiced) and (ii) executed counterparts to this Amendment from the Borrowers, each of the Guarantors (if any) and the Required Lenders.
Appears in 1 contract
Conditions to Effectiveness of this Amendment. Notwithstanding any other provision of this Amendment and without affecting in any manner the rights of the Lenders hereunder, it is understood and agreed that this Amendment shall not become effective, and the Borrowers Borrower shall have no rights under this Amendment, until the Administrative Agent shall have received (i) reimbursement or payment of its reasonable costs and expenses incurred in connection with the preparation, execution and delivery of this Amendment or Amendment, including, without limitation, the Credit Agreement (including reasonable fees, charges fees and disbursements out-of-pocket expenses of King & Spalding LLP, outside counsel to for the Administrative Agent), Agent with respect thereto and (ii) executed counterparts to this Amendment from the Borrowers, each of the Guarantors Borrower and the Required Lenders.
Appears in 1 contract
Conditions to Effectiveness of this Amendment. Notwithstanding any other provision of this Amendment and without affecting in any manner the rights of the Lenders hereunder, it is understood and agreed that this Amendment shall not become effective, and the Borrowers Borrower shall have no rights under this Amendment, until the Administrative Agent shall have received (i) reimbursement or payment of its reasonable costs and expenses incurred in connection with this Amendment or the Credit Agreement (including reasonable fees, charges and disbursements of King & Spalding LLP, counsel to the Administrative Agent), and (ii) executed counterparts to this Amendment from the BorrowersBorrower, each of the Guarantors and the Required Lenders.;
Appears in 1 contract
Conditions to Effectiveness of this Amendment. Notwithstanding any other provision of this Amendment and without affecting in any manner the rights of the Lenders hereunder, it is understood and agreed that this Amendment shall not become effective, and the Borrowers Borrower shall have no rights under this Amendment, until the Administrative Agent shall have received (i) reimbursement or payment of its reasonable costs and expenses incurred in connection with the preparation, execution and delivery of this Amendment or Amendment, including, without limitation, the Credit Agreement (including reasonable fees, charges fees and disbursements out-of-pocket expenses of King & Spalding LLP, outside counsel to for the Administrative Agent), Agent with respect thereto or otherwise outstanding and (ii) executed counterparts to this Amendment from the BorrowersBorrower, each of the Guarantors and the Required Lenders.
Appears in 1 contract
Conditions to Effectiveness of this Amendment. Notwithstanding any other provision of this Amendment and without affecting in any manner the rights of the Lenders hereunder, it is understood and agreed that this Amendment shall not become effective, and the Borrowers Borrower shall have no rights under this Amendment, until the Administrative Agent shall have received the following:
(ia) executed counterparts to this Amendment from the Borrower and the Required Lenders;
(b) reimbursement or payment of its reasonable the costs and expenses of the Administrative Agent incurred in connection with this Amendment or otherwise outstanding in connection with the Credit Agreement (including reasonable fees, charges and disbursements of King & Spalding LLP, counsel to the Administrative Agent), and ; and
(iic) executed counterparts to this Amendment from any other documents or agreements as reasonably requested by the Borrowers, each of the Guarantors and the Required LendersAdministrative Agent.
Appears in 1 contract
Samples: Revolving Credit Agreement (Landamerica Financial Group Inc)
Conditions to Effectiveness of this Amendment. Notwithstanding any other provision of this Amendment and without affecting in any manner the rights of the Lenders hereunder, it is understood and agreed that this Amendment shall not become effective, and the Borrowers Borrower shall have no rights under this Amendment, until the Administrative Agent shall have received (i) reimbursement or payment of its reasonable costs and expenses incurred in connection with this Amendment or otherwise outstanding in connection with the Credit Agreement (including reasonable fees, charges fees and disbursements of King & Spalding LLP, counsel to the Administrative Agent), and (ii) executed counterparts to this Amendment from the BorrowersBorrower, each of the Guarantors and the Required Lenders.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Ensign Group, Inc)
Conditions to Effectiveness of this Amendment. Notwithstanding any other provision of this Amendment and without affecting in any manner the rights of the Lenders hereunder, it is understood and agreed that this Amendment shall not become effective, and the Borrowers Borrower shall have no rights under this Amendment, until the Administrative Agent shall have received (ia) reimbursement or executed counterparts of this Amendment from the Borrower and the Guarantors, (b) written authorization from the Required Lenders approving this Amendment and authorizing the Administrative Agent to execute this Amendment and (c) payment of its the reasonable costs and expenses of the Administrative Agent incurred in connection with this Amendment or the Credit Agreement (including reasonable fees, charges and disbursements of King & Spalding LLP, counsel to the Administrative Agent), and (ii) executed counterparts to this Amendment from the Borrowers, each of the Guarantors and the Required Lenderstransactions contemplated hereby.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Healthways, Inc)
Conditions to Effectiveness of this Amendment. Notwithstanding any other provision of this Amendment and without affecting in any manner the rights of the Lenders hereunder, it is understood and agreed that this Amendment shall not become effective, and the Borrowers Borrower shall have no rights under this Amendment, until (i) the Company shall have paid and the Administrative Agent shall have received (i) reimbursement or payment of its reasonable costs and expenses incurred in connection with this Amendment or the Credit Agreement (including reasonable fees, charges and disbursements of King & Spalding LLP, counsel to the Administrative Agent), and (ii) the Administrative Agent shall have received executed counterparts to this Amendment from the BorrowersBorrower, each of the Guarantors and the Required Lenders.
Appears in 1 contract
Samples: Senior Secured Revolving Credit Agreement (Kayne Anderson Energy Development Co)
Conditions to Effectiveness of this Amendment. Notwithstanding any other provision of this Amendment and without affecting in any manner the rights of the Lenders hereunder, it is understood and agreed that this Amendment shall not become effective, and the Borrowers shall have no rights under this Amendment, until the Administrative Agent shall have received (i) reimbursement or payment of its reasonable costs and expenses incurred in connection with this Amendment or the Credit Agreement (including reasonable fees, charges and disbursements of King & Spalding LLP, counsel to the Administrative Agent), and (ii) executed counterparts to this Amendment from the Borrowers, each of the Guarantors and the Required Lenders.;
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Fox Factory Holding Corp)
Conditions to Effectiveness of this Amendment. Notwithstanding any other provision of this Amendment and without affecting in any manner the rights of the Lenders hereunder, it is understood and agreed that this Amendment shall not become effective, and the Borrowers Borrower shall have no rights under this Amendment, until the Administrative Agent shall have received (i) reimbursement or payment of its reasonable costs and expenses incurred in connection with this Amendment or and the Credit Agreement (including reasonable fees, charges and disbursements of King & Spalding LLP, counsel to the Administrative Agent), and (ii) executed counterparts to this Amendment from the BorrowersBorrower, each of the Guarantors Guarantor and the Required LendersLenders and (iii) an opinion of counsel to the Borrower in form and substance acceptable to, and covering such issues required by, the Administrative Agent.
Appears in 1 contract
Samples: Revolving Credit Agreement (Northern Border Partners Lp)
Conditions to Effectiveness of this Amendment. Notwithstanding any other provision of this Amendment and without affecting in any manner the rights of the Lenders hereunder, it is understood and agreed that this Amendment shall not become effective, and the Borrowers Borrower shall have no rights under this Amendment, until the Administrative Agent shall have received (i) reimbursement or payment of its reasonable costs and expenses incurred in connection with this Amendment or the Credit Agreement (including reasonable fees, charges and disbursements of King & Spalding LLP, counsel to the Administrative Agent), and (ii) executed counterparts to this Amendment from the BorrowersBorrower, the Parent, each other Loan Party, and Lenders representing Required Lenders for purposes of the Guarantors and the Required LendersCredit Agreement.
Appears in 1 contract