Common use of CONDITIONS TO EFFECTIVENESS OF THIS FIRST AMENDMENT Clause in Contracts

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: (a) executed counterparts of this First Amendment, duly executed by the Company and the holders of at least 50% of the outstanding principal of the Notes, shall have been delivered to the holders of Notes; (b) the holders of Notes shall have received evidence satisfactory to them that the Company has entered into the Senior Loan Agreement; and (c) the recitals set forth above and the representations and warranties of the Company set forth in Section 2 hereof are true and correct on and with respect to the date hereof; and (d) the Noteholders shall have been reimbursed for all reasonable and documented expenses incurred relating to this First Amendment. Upon receipt of all of the foregoing, this First Amendment shall become effective. SECTION 4.

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: (a) executed counterparts of this First Amendment, duly executed by each of the Company Obligors and the holders of at least greater than 50% of the outstanding principal of the Notes, shall have been delivered to the holders of NotesNoteholders; (b) the holders of Notes Obligors shall have received evidence satisfactory provided to them the Purchasers a true, correct and complete copy of the Existing Credit Facility, including all amendments thereto, that is in full force and effect as of the Company has entered into the Senior Loan Agreementdate hereof; and (c) the recitals set forth above and the representations and warranties of each of the Company Obligors set forth in Section 2 hereof are true and correct on and with respect to the date hereof; and (d) the Noteholders fees and expenses of Xxxxxxx and Xxxxxx, LLP, counsel to the Noteholders, shall have been reimbursed for all reasonable paid by the Obligors, in connection with the negotiation, preparation, approval, execution and documented expenses incurred relating to delivery of this First Amendment. Upon receipt of all of the foregoing, this First Amendment shall become effective. SECTION 4.

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: (a) executed counterparts of this First Amendment, duly executed by each of the Company Obligors and the holders of at least greater than 50% of the outstanding principal of the Notes, shall have been delivered to the holders of NotesNoteholders; (b) the holders of Notes Obligors shall have received evidence satisfactory provided to them the Purchasers a true, correct and complete copy of the Existing Credit Facility that is in full force and effect as of the Company has entered into the Senior Loan Agreementdate hereof; and (c) the recitals set forth above and the representations and warranties of each of the Company Obligors set forth in Section 2 hereof are true and correct on and with respect to the date hereof; and (d) the Noteholders fees and expenses of Xxxxxxx and Xxxxxx, LLP, counsel to the Noteholders, shall have been reimbursed for all reasonable paid by the Obligors, in connection with the negotiation, preparation, approval, execution and documented expenses incurred relating to delivery of this First Amendment. Upon receipt of all of the foregoing, this First Amendment shall become effective. SECTION 4.