Common use of Conditions to Effectiveness of this Amendment Clause in Contracts

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: Credit and Term Loan Agreement (Fox Factory Holding Corp), Credit and Term Loan Agreement (Fox Factory Holding Corp), Credit and Term Loan Agreement (Fox Factory Holding Corp)

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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 Subsidiary Guarantors and the Required Lenders.

Appears in 3 contracts

Samples: Revolving Credit Agreement (NGP Capital Resources CO), Revolving Credit Agreement (NGP Capital Resources CO), 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: Letter of Credit Facility Agreement (Bristow Group Inc), Letter of Credit Facility Agreement (Bristow Group Inc), 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 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 (Haverty Furniture Companies Inc), Revolving Credit Agreement (Dollar General Corp), 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 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 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) such fees as the Borrower has previously agreed to pay the Administrative Agent or any of its affiliates in connection with this Amendment, (ii) reimbursement or payment of its reasonable the 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 (iiiii) executed counterparts to this Amendment from the Borrowers, each of the Guarantors and the Required Lenders.following documents:

Appears in 1 contract

Samples: Revolving Credit Agreement (Heico 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 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

Samples: 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 otherwise outstanding in connection with the Credit Agreement (including reasonable fees, charges fees and disbursements of King & Spalding LLP, counsel to the Administrative Agent), (ii) such other fees as the Borrower has previously agreed to pay the Administrative Agent or any of its affiliates in connection with this Amendment and (iiiii) 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 (i) reimbursement an upfront fee in the amount of 0.05% of the Commitments, to be applied pro rata among the Lenders, (ii) such other fees, costs or payment expenses as the Borrower has previously agreed in writing to pay or reimburse the Administrative Agent or any of its reasonable costs and expenses affiliates 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 (iiiii) executed counterparts to this Amendment from the Borrowers, each of the Guarantors and the Required Lenders.following documents:

Appears in 1 contract

Samples: Day Revolving Credit Agreement (Harris Corp /De/)

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

Samples: Credit Agreement (Haverty Furniture Companies 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 Borrowers, each of the Guarantors Borrower and the Required Lenders.

Appears in 1 contract

Samples: Credit Agreement (Buckeye GP Holdings 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) such fees as the Borrower has previously agreed to pay the Administrative Agent or any of its affiliates or to the Administrative Agent for the benefit of the Increasing Lenders in connection with this Amendment, (ii) reimbursement or payment of its reasonable the 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 (iiiii) executed counterparts to this Amendment from the Borrowers, each of the Guarantors and the Required Lenders.following documents:

Appears in 1 contract

Samples: Revolving Credit Agreement (Heico 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 (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 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)

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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

Samples: Credit Agreement (Landstar System 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 Subsidiary Loan Parties and the Required Lenders.Lenders and (iii) the following Loan Documents:

Appears in 1 contract

Samples: Revolving Credit Agreement (Heico 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: 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, 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 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 (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.following documents:

Appears in 1 contract

Samples: Credit Agreement (Transocean Ltd.)

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

Samples: 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 and the Required Lenders.;

Appears in 1 contract

Samples: 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 (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: 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 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 Borrowers, each of the Guarantors and the Required Lenders.following documents:

Appears in 1 contract

Samples: Credit Agreement (Buckeye Partners L P)

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