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

CONDITIONS TO EFFECTIVENESS OF THIS FIRST AMENDMENT. 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.

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 5051% of the outstanding principal of the Notes, shall have been delivered to the holders of Notes; Noteholders; (b) the holders of Notes Noteholders shall have received evidence satisfactory to them that a copy of the resolutions of the Board of Directors of the Company has entered into authorizing the Senior Loan Agreement; execution, delivery and performance by the Company of this First Amendment, certified by its Secretary or an Assistant Secretary; (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 and (d) the Noteholders Company shall have been reimbursed for all paide the reasonable fees and documented expenses incurred relating of Xxxxxxx and Xxxxxx, counsel to the Noteholders, in connection with the negotiation, preparation, approval, execution and delivery of this First Amendment. Upon receipt of all of the foregoing, this First Amendment shall become effective.

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 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 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.