Conditions to Initial Effectiveness. The obligations of Lenders to purchase or make any Revolving Loans and/or Swing Line Loans on the Effective Date are, in addition to the conditions precedent specified in subsection 4.2, subject to prior or concurrent satisfaction of the following conditions:
Conditions to Initial Effectiveness. 91 4.2 CONDITIONS TO ALL LOANS . . . . . . . . . . . . 101 4.3 CONDITIONS TO LETTERS OF CREDIT . . . . . . . . 102
Conditions to Initial Effectiveness. The effectiveness of this Agreement is subject to the satisfaction or waiver of each of the following conditions (the date on which such conditions are satisfied or waived, the “Amendment Effective Date”):
(a) The Administrative Agent shall have received a counterpart of this Agreement, executed and delivered by the Borrower, the Guarantors and the Required Lenders.
(b) The Administrative Agent and the Lenders shall have received all fees and amounts due and payable, including, to the extent invoiced, reimbursement or payment of all reasonable out-of-pocket expenses required to be reimbursed or paid by the Borrower hereunder and under the Credit Agreement (including, without limitation, the reasonable fees and expenses of Xxxxxx & Xxxxxxx LLP, counsel to the Administrative Agent).
(c) Substantially concurrently with the effectiveness of this Agreement, the deferred purchase price obligations arising under that certain Asset Purchase Agreement, dated as of September 9, 2022, entered into in connection with the acquisition of certain assets from Transit Energy Group, LLC, shall have been satisfied and terminated in full.
Conditions to Initial Effectiveness. This Agreement (other than the amendments set forth in Section 2 hereof) shall become effective only upon satisfaction of each of the following conditions precedent:
(i) the Agent shall have received counterparts of this Agreement duly executed by the Borrower, the Guarantors, the Required Lenders, and the Agent;
(ii) the Agent shall have received a certificate dated as of the Fourth Amendment Effective Date executed by an Executive Officer of Partners certifying that attached thereto are true, correct, and complete copies of the NGL Purchase Agreement as in effect on such date;
(iii) the Borrower shall have paid to the Agent, for the account of the applicable parties, all fees and expenses (including legal fees and expenses) due and payable under the Credit Agreement and in connection with this Agreement, including without limitation, the fees described in the fee letter executed and delivered in connection with this Agreement; and
(iv) all of the foregoing conditions precedent must be satisfied on or prior to July 4, 2014.
Conditions to Initial Effectiveness. The initial effectiveness of this Agreement is subject to the satisfaction or waiver of the following conditions precedent:
(a) The Administrative Agent’s receipt of the following:
(i) counterparts of this Agreement executed by a Responsible Officer of each Loan Party and by each of the other parties to this Agreement;
(ii) (A) the Audited Financial Statements; (B) the Quarterly Financial Statements (if any); and (C) the Pro Forma Balance Sheet, in each case, which the Administrative Agent shall promptly deliver to any requesting Lender; and
(iii) at least three Business Days prior to the execution and delivery of this Agreement, all documentation and other information required by regulatory authorities with respect to the Loan Parties reasonably requested by the Lenders at least 10 Business Days prior to the execution and delivery of this Agreement under applicable “know your customer” and anti-money laundering rules and regulations, including the USA Patriot Act, which documentation and other information the Administrative Agent shall promptly deliver to any requesting Lender.
(b) All fees required to be paid to the Agents, Syndication Agent, Documentation Agents, Senior Co-Manager, Co-Manager and Arrangers on or before the date of execution and delivery of this Agreement shall have been paid; (ii) all fees required to be paid to the Lenders on or before the date of execution and delivery of this Agreement shall have been paid; and (iii) all out-of- pocket expenses of the Agents (including the reasonable fees, charges and disbursements of counsel to the Agents) required to be paid or reimbursed by the Borrower on the date of execution and delivery of this Agreement shall have been paid, to the extent invoiced at least three Business Days prior to the date of execution and delivery of this Agreement.
Conditions to Initial Effectiveness. The effectiveness of this Agreement is subject to the satisfaction or waiver of each of the following conditions (the date on which such conditions are satisfied or waived, the “Initial Effective Date”):
(a) The Administrative Agent shall have received a counterpart of this Agreement, executed and delivered by the Borrower, the Guarantors, each Incremental Lender party hereto and the Required Lenders.
(b) The Administrative Agent shall have received, on behalf of itself, the Lenders and each Issuing Lender on the Initial Effective Date, a favorable written opinion or opinions of counsel to the Credit Parties, in form and substance satisfactory to the Administrative Agent, dated as of the Initial Effective Date.
(c) The transactions contemplated by this Agreement (i) shall not require any consent or approval of, registration or filing with, or any other action by, any Governmental Authority or any other third Person (including shareholders or any class of directors, whether interested or disinterested, of any Credit Party or any other Person), and no such consent, approval, registration, filing or other action is necessary for the validity or enforceability of any Credit Document or the consummation of the transactions contemplated thereby, except such as have been obtained or made and are in full force and effect other than (A) the recording and filing of the Security Documents as required by the Credit Agreement and (B) those third party approvals or consents which, if not made or obtained, would not cause a Default, could not reasonably be expected to have a Material Adverse Effect or do not have an adverse effect on the enforceability of the Credit Documents, (ii) shall not violate any Requirement of Law applicable to Borrower or any other Credit Party, or any order of any Governmental Authority, (iii) shall not violate or result in a default under any indenture or other agreement regarding Indebtedness of the Borrower or any other Credit Party or give rise to a right thereunder to require any payment to be made by the Borrower or such Credit Party, (iv) shall not violate any Organization Document of the Borrower or any other Credit Party, (v) shall not violate or result in a default under any Material Contract, or give rise to a right thereunder to require any payment to be made by the Borrower or such Credit Party and (vi) shall not result in the creation or imposition of any Lien on any property of the Borrower or any other Credit Party (other than t...
Conditions to Initial Effectiveness. The obligations of Lenders to purchase or make the Term Loans, the Initial Tranche B Revolving Loans and/or Swing Line Loans on the Effective Date are, in addition to the conditions precedent specified in subsection 4.2, subject to prior or concurrent satisfaction of the following conditions, and the Existing Letters of Credit shall become Tranche B Letters of Credit under this Agreement upon the prior or concurrent satisfaction of the following conditions:
Conditions to Initial Effectiveness. The effectiveness of this Agreement is subject to the satisfaction or waiver of each of the following conditions (the date on which such conditions are satisfied or waived, the “Amendment Effective Date”):
(a) The Administrative Agent shall have received a counterpart of this Agreement, executed and delivered by the Borrower, the Guarantors and the Required Lenders.
(b) The Administrative Agent and the Lenders shall have received all fees and amounts due and payable, including, to the extent invoiced, reimbursement or payment of all reasonable out-of-pocket expenses required to be reimbursed or paid by the Borrower hereunder and under the Credit Agreement (including, without limitation, the reasonable fees and expenses of Xxxxxx & Xxxxxxx LLP, counsel to the Administrative Agent).
Conditions to Initial Effectiveness. Neither the Agents nor any Lender shall be obligated to make or to take, fulfill or perform any action hereunder, until and unless this Amendment or counterparts hereof shall have been duly executed by, and delivered to, each Credit Party, Agent and Lenders.
Conditions to Initial Effectiveness. The effectiveness of this Consent is subject to the satisfaction of the following conditions: (a) the execution and delivery of this Consent by the parties hereto; (b) the representations and warranties in Section 3 hereof being true, correct and complete in all material respects; (c) no default or event of default under the Agreement shall have occurred and be continuing, except for any default or event of default occurring because of the incurrence of the PPP Loan; (d) receipt by CIT of a copy of Borrower’s application for the PPP Loan and each of the PPP Loan Documents (which shall be in form and substance satisfactory to CIT); and (e) the SBA’s acceptance, whether through the issuance of an ETRAN number or other official acceptance method, of Xxxxxxxx’s application for the PPP Loan and lender’s application for the PPP loan guaranty delivered in connection with the PPP Loan.