Conditions to Second Amendment and Restatement Sample Clauses

Conditions to Second Amendment and Restatement. The effectiveness of this Agreement is subject solely to the satisfaction (or waiver) of the conditions precedent set forth in Section 4 of the Second Amendment Agreement, and upon satisfaction (or waiver) of such conditions, the amendment and restatement of the Existing Credit Agreement in the form of this Agreement shall be effective.

Conditions to Second Amendment and Restatement. The effectiveness of this Agreement on the Second Restatement Date shall be subject to the condition that the Administrative Agent on behalf of each Lender shall have received all of the following documents in form and substance reasonably acceptable to the Administrative Agent: (a) a certificate of the Secretary of each of the Borrower and Regional Management certifying (i) the resolutions of the Borrower’s or Regional Management’s, as the case may be, members or board of directors, as applicable, approving this Agreement and (ii) the name, signature and authority of each officer who executes this Agreement on the Borrower’s or Regional Management’s behalf; (b) an executed copy of each of this Agreement, each Subservicing Agreement executed on the Second Restatement Date, each First Tier Purchase Agreement executed on the Second Restatement Date, third amendment to the 2017-1A SUBI Supplement, the amended and restated 2017-1A SUBI Security Agreement, the amended and restated Electronic Collateral Control Agreement, the amended and restated joinder to the Intercreditor Agreement, and the omnibus amendment to (i) each First Tier Purchase Agreement executed prior to the Second Restatement Date, (ii) the Second Tier Purchase Agreement, (iii) each Subservicing Agreement executed prior to the Second Restatement Date and (iv) the 2017-1A SUBI Servicing Agreement; (c) all instruments and other documents required to perfect the Administrative Agent’s first priority security interest in the Collateral in all appropriate jurisdictions, including, without limitation, UCC financing statements; (d) the fees and expenses (including legal fees and expenses of the Administrative Agent and the Lenders) due to be paid pursuant to the Basic Documents, including, without limitation, the Upfront Fee Letter, shall have been paid in full and all other acts and conditions (including, without limitation, the obtaining of any necessary regulatory approvals and the making of any required filings, recordings or registrations) required to be done and performed and to have happened prior to the execution, delivery and performance of this Agreement and all related documents and to constitute the same legal, valid and binding obligations, enforceable in accordance with their respective terms, shall have been done and performed and shall have happened in compliance with all Applicable Law; (e) no Event of Default, Unmatured Event of Default, Facility Amortization Event, Servicer Terminati...