Conditions to the Amendment Effective Date Sample Clauses
Conditions to the Amendment Effective Date. This Amendment shall become effective as of the first date (the “Amendment No. 3 Effective Date”) when each of the following conditions shall have been satisfied:
(a) The Administrative Agent and the 2021 Revolving Lenders shall have received an executed counterpart hereof from the Borrowers, each other Loan Party, each 2021 Revolving Lender and the Administrative Agent.
(b) The Administrative Agent and the 2021 Revolving Lenders shall have received: (i) a copy of the certificate or articles of incorporation or organization or certificates of formation, including all amendments thereto, of each Loan Party, certified, if applicable, as of a recent date by the secretary of state of the state of its organization (or a certification from a Responsible Officer of each applicable Loan Party that such documents have not changed since previously delivered to the Administrative Agent), (ii) a certificate as to the good standing (where relevant) of each Loan Party as of a recent date, from such secretary of state or similar Governmental Authority; (iii) a certificate of a Responsible Officer of each Loan Party dated the Amendment No. 3 Effective Date and certifying (1) that attached thereto is a true and complete copy of the by-laws or operating (or limited liability company) agreement of such Loan Party as in effect on the Amendment No. 3 Effective Date (or a certification from a Responsible Officer of each applicable Loan Party that such documents have not changed since previously delivered to the Administrative Agent), (2) that attached thereto is a true and complete copy of resolutions duly adopted by the board of directors (or equivalent governing body) of such Loan Party authorizing the execution, delivery and performance of this Amendment, and that such resolutions have not been modified, rescinded or amended and are in full force and effect and (3) as to the incumbency and specimen signature of each officer executing any Loan Document on behalf of such Loan Party; and (iv) a Solvency Certificate, certifying that Holdings and its subsidiaries, on a consolidated basis, after giving effect to this Amendment, are Solvent.
(c) The Administrative Agent and the 2021 Revolving Lenders shall have received a favorable written opinion of (i) Fried, Frank, Harris, ▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇ LLP, New York and Delaware counsel to the Loan Parties and (ii) ▇▇▇▇▇▇▇ ▇▇▇▇▇ & ▇▇▇▇▇▇▇, Utah local counsel to the Loan Parties, in each case, dated the Amendment No. 3 Effective Date and in...
Conditions to the Amendment Effective Date. This Amendment shall become effective as of the first date (such date, the “Amendment Effective Date”) on which each condition set forth below shall be satisfied or waived:
Conditions to the Amendment Effective Date. The occurrence of the Amendment Effective Date is subject to the following conditions precedent:
Conditions to the Amendment Effective Date. Section 3.01 This Agreement shall become effective on the date, which shall be a Business Day (the “Amendment Effective Date”), on which each of the following conditions is satisfied.
Conditions to the Amendment Effective Date. This Amendment shall become effective as of the first date (the “Amendment No. 4 Effective Date”) when each of the following conditions shall have been satisfied:
(a) the Administrative Agent shall have received counterparts of this Amendment that, when taken together, bear the signatures of (i) Holdings, (ii) the Borrower, (iii) each Subsidiary Guarantor, and (iv) the Administrative Agent;
(b) the Administrative Agent has not received, by the Objection Deadline, written notice of objection to the amendments to the Credit Agreement as provided herein from Lenders comprising the Required Lenders;
(c) Each of the representations and warranties made by any Loan Party in or pursuant to the Loan Documents (which, for purposes hereof, shall be deemed to include a representation that this Amendment does not conflict with the Existing Credit Agreement) shall be true and correct in all material respects (and in all respects if any such representation or warranty is already qualified by materiality) on and as of the Amendment No. 4 Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects (and in all respects if any such representation or warranty is already qualified by materiality) as of such earlier date.
(d) No Default or Event of Default shall exist on the Amendment No. 4 Effective Date.
Conditions to the Amendment Effective Date. This Amendment No. 2 shall become a binding agreement of the parties hereto and the agreements set forth herein, and the amendments set forth in Section 2 shall each become effective on the date on which the Administrative Agent (or its counsel) shall have received from the Administrative Agent, the Borrower and each of the Lenders and Issuing Lenders party to the Credit Agreement as of the date hereof immediately prior to giving effect to this Amendment No. 2 either (a) a counterpart of this Amendment No. 2 signed on behalf of such party or (b) written evidence satisfactory to the Administrative Agent (which may include email or facsimile transmission of a signed signature page of this Amendment No. 2) that such party has signed a counterpart of this Amendment No. 2 (such date, the “Amendment Effective Date”). The Administrative Agent shall notify the Borrower, the Lenders and the Issuing Lenders of the Amendment Effective Date, and such notice shall be conclusive and binding absent manifest error.
Conditions to the Amendment Effective Date. This Amendment shall become effective as of the date first set forth above (the “Amendment Effective Date”) which shall be a date after the Required Lenders, the Administrative Agent and the Borrower shall have executed and delivered counterparts of this Amendment.
Conditions to the Amendment Effective Date. Section 3.01 This Agreement shall become effective on the date, which shall be a Business Day (the “Amendment Effective Date”), on which each of the following conditions is satisfied.