Common use of Conditions to the Effectiveness of this Amendment Clause in Contracts

Conditions to the Effectiveness of this Amendment. Anything contained in this Amendment to the contrary notwithstanding, this Amendment shall be effective only upon the satisfaction of the following conditions precedent: (a) Congress shall have received an executed original or executed original counterparts (as the case may be) of this Amendment together with the following, each of which shall be in form and substance satisfactory to Congress: (i) true and complete copies of the Bank One First Amendment and any notes and financing statements delivered thereunder, as in effect on the date hereof; (ii) an Amendment No. 1 to Amended and Restated Intercreditor Agreement between Congress and Bank One, dated as of the date hereof, duly executed and delivered on behalf of Bank One; (iii) an executed original or executed original counterparts of a letter agreement, dated as of the date hereof, pursuant to which LPC and LCI acknowledge and consent to the Amendment No. 1 to Amended and Restated Intercreditor Agreement between Congress and Bank One and agree that, although neither LPC nor LCI is a party thereto, each of LPC and LCI will, together with its successors and assigns, be bound by the provisions thereof; and (iv) an executed original or executed original counterparts of a letter agreement re: Amendment to Financing Agreements and Consent, dated as of the date hereof, pertaining to the Bank One Collateral to be granted by LCI to Bank One pursuant to the Bank One Financing and related matters, together with the documents, instruments and agreements to be delivered pursuant thereto; (b) All representations and warranties contained herein, in the Accounts Agreements and in the other Financing Agreements shall be true and correct in all material respects; and (c) No Event of Default shall have occurred and no event shall have occurred or condition shall be existing which, with notice or passage of time or both, would constitute an Event of Default.

Conditions to the Effectiveness of this Amendment. Anything contained in this Amendment to the contrary notwithstanding, this Amendment shall be effective only upon the satisfaction of the following conditions precedent: (a) Congress shall have received an executed original or executed original counterparts (as the case may be) of this Amendment together with the following, each of which shall be in form and substance satisfactory to Congress: (i) true and complete copies of the Bank One First Amendment and any notes and financing statements delivered thereunder, Financing Agreements as in effect on the date hereof; (ii) an Amendment No. 1 to Amended and Restated Intercreditor Agreement between Congress and Bank One, dated as of the date hereof, duly executed and delivered on behalf of Bank One; (iii) an executed original or executed original counterparts of a letter agreement, dated as of the date hereof, pursuant to which LPC and LCI acknowledge and consent to the Amendment No. 1 to Amended and Restated Intercreditor Agreement between Congress and Bank One and agree that, although neither LPC nor LCI is a party thereto, each of LPC and LCI will, together with its successors and assigns, be bound by the provisions thereof; and (iv) an executed original or executed original counterparts of a letter agreement re: Amendment to Financing Agreements and Consent, dated as of the date hereof, pertaining to the Bank One Collateral to be granted by LCI to Bank One pursuant to the Bank One Financing and related matters, together with the documents, instruments and agreements to be delivered pursuant thereto; (b) Bank One shall have disbursed, in immediately available funds, for the account of LPC and LCI (i) the sum of $321,428.52, representing partial disbursement to LPC of the "Casa Grande Loan" (as defined in the Bank One Financing Agreements), which funds shall have been received by Congress and applied to fully prepay the outstanding principal amount of the LPC Arizona Real Estate Loan; and (ii) the sum of $1,071,428.64, representing partial disbursement to LCI of the "LaGrange Term Loan" (as defined in the Bank One Financing Agreements), which funds shall have been received by Congress and applied to fully prepay the outstanding principal amount of the LCI Georgia Real Estate Loan (as defined in the LCI Financing Agreements); (c) All representations and warranties contained herein, in the Accounts Agreements and in the other Financing Agreements shall be true and correct in all material respects; and (cd) No Event of Default shall have occurred and no event shall have occurred or condition shall be existing which, with notice or passage of time or both, would constitute an Event of Default.

Conditions to the Effectiveness of this Amendment. Anything contained in this Amendment to the contrary notwithstanding, this Amendment shall be effective only upon the satisfaction of the following conditions precedent: (a) Congress shall have received an executed original or executed original counterparts (as the case may be) of this Amendment together with the following, each of which shall be in form and substance satisfactory to Congress: (i) true and complete copies of the Bank One First Amendment and any notes and financing statements delivered thereunder, as in effect on the date hereof; (ii) an Amendment No. 1 to Amended and Restated Intercreditor Agreement between Congress and Bank One, dated as of the date hereof, duly executed and delivered on behalf of Bank One; (iii) an executed original or executed original counterparts of a letter agreement, dated as of the date hereof, pursuant to which LPC and LCI acknowledge and consent to the Amendment No. 1 to Amended and Restated Intercreditor Agreement between Congress and Bank One and agree that, although neither LPC nor LCI is a party thereto, each of LPC and LCI will, together with its successors and assigns, be bound by the provisions thereof; and (iv) an executed original or executed original counterparts of a letter agreement re: Amendment to Financing Agreements and Consent, dated as of the date hereof, pertaining to the Bank One Collateral to be granted by LCI LPC to Bank One pursuant to the Bank One Financing and related matters, together with the documents, instruments and agreements to be delivered pursuant thereto; (b) All representations and warranties contained herein, in the Accounts Agreements and in the other Financing Agreements shall be true and correct in all material respects; and (c) No Event of Default shall have occurred and no event shall have occurred or condition shall be existing which, with notice or passage of time or both, would constitute an Event of Default.

Conditions to the Effectiveness of this Amendment. Anything contained in this Amendment to the contrary notwithstanding, this Amendment shall be effective only upon the satisfaction of the following conditions precedent: (a) Congress shall have received an executed original or executed original counterparts (as the case may be) of this Amendment together with the following, each of which shall be in form and substance satisfactory to Congress: (i) true and complete copies of the Bank One First Amendment and any notes and financing statements delivered thereunder, Financing Agreements as in effect on the date hereof; (ii) an Amendment No. 1 to Amended and Restated Intercreditor Agreement between Congress and Bank One, dated as of the date hereof, duly executed and delivered on behalf of Bank One; (iii) an executed original or executed original counterparts of a letter agreement, dated as of the date hereof, pursuant to which LPC and LCI acknowledge and consent to the Amendment No. 1 to Amended and Restated Intercreditor Agreement between Congress and Bank One and agree that, although neither LPC nor LCI is a party thereto, each of LPC and LCI will, together with its successors and assigns, be bound by the provisions thereof; and (iv) an executed original or executed original counterparts of a letter agreement re: Amendment to Financing Agreements and Consent, dated as of the date hereof, pertaining to the Bank One Collateral to be granted by LCI to Bank One LPC pursuant to the Bank One Financing and related matters, together with the documents, instruments and agreements to be delivered pursuant thereto; (b) Bank One shall have disbursed, in immediately available funds, for the account of LPC and LCI (i) the sum of $321,428.52, representing partial disbursement to LPC of the "Casa Grande Loan" (as defined in the Bank One Financing Agreements), which funds shall have been received by Congress and applied to fully prepay the outstanding principal amount of the LPC Arizona Real Estate Loan; and (ii) the sum of $1,071,428.64, representing partial disbursement to LCI of the "LaGrange Term Loan" (as defined in the Bank One Financing Agreements), which funds shall have been received by Congress and applied to fully prepay the outstanding principal amount of the LCI Georgia Real Estate Loan (as defined in the LCI Financing Agreements); (c) All representations and warranties contained herein, in the Accounts Agreements and in the other Financing Agreements shall be true and correct in all material respects; and (cd) No Event of Default shall have occurred and no event shall have occurred or condition shall be existing which, with notice or passage of time or both, would constitute an Event of Default.