Conditions to the Restatement Effective Date Sample Clauses

Conditions to the Restatement Effective Date. The obligations of the Lenders to make Loans and of the Issuing Banks to issue Letters of Credit on the Restatement Effective Date are subject to each of the following conditions being satisfied on or prior to the Restatement Effective Date:
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Conditions to the Restatement Effective Date. The amendment and restatement of the Original Credit Agreement to be effected hereby and the agreement of each Lender to make the extension of credit requested to be made by it hereunder is subject to the satisfaction, prior to or concurrently with execution of this Agreement, of the following conditions precedent:
Sample 1
Conditions to the Restatement Effective Date. The effectiveness of this Agreement shall be subject solely to the satisfaction or waiver of the following conditions precedent: (a) Receipt by the Administrative Agent (or in the case of possessory Collateral, Bank of America, N.A., as bailee) of the following, each in form and substance reasonably satisfactory to the Administrative Agent: (i)
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Conditions to the Restatement Effective Date. The amendments set forth in Section 2 hereof shall become effective on the date (the “Restatement Effective Date”) on which each of the following conditions is satisfied or waived:
Sample 1
Conditions to the Restatement Effective Date. The effectiveness of this Agreement shall be subject solely to the satisfaction or waiver of the following conditions precedent: (a) The Administrative Agent shall have received from each Loan Party, the L/C Issuers, the Swing Line Lenders and the Lenders duly signed counterparts of this Agreement. (b) The Administrative Agent shall have received a certificate (in form and substance reasonably acceptable to the Administrative Agent), dated as of the Restatement Effective Date and signed by a Responsible Officer of the Company, certifying that the conditions set forth in Section 5.02 shall be satisfied. (c) The Administrative Agent shall have received a favorable written legal opinion (addressed to the Administrative Agent and the Lenders and dated as of the Restatement Effective Date) of (i) Xxxxx Day, New York, Delaware and Dutch counsel for the Company and the other Loan Parties, and (ii) Xxxxxx Xxxxxx Xxxxxxxx, X.X., Washington counsel for certain Loan Parties, in each case in form and substance reasonably satisfactory to the Administrative Agent. (d) The Administrative Agent shall have received such documents and certificates as the Administrative Agent or its counsel may reasonably request prior to the Restatement Effective Date relating to the organization, existence and good standing of each Loan Party (in each case, to the extent such concepts are relevant in the jurisdiction of such Loan Party), the authorization, execution, delivery and performance of this Agreement and each other applicable Loan Document and any other legal matters relating to the Loan Documents, all in form and substance reasonably satisfactory to the Administrative Agent and its counsel. (e) The Administrative Agent shall have received from the Company all fees required to be paid pursuant to that certain Engagement Letter, dated as of April 17, 2024, between the Company and BofA Securities, Inc., as lead arranger (the “Lead Arranger”), and that certain Fee Letter, dated as of April 17, 2024 (the “Restatement Effective Date Fee Letter”), between the Company and the Lead Arranger (including the fees and disbursements of Xxxxxx & Xxxxxxx LLP and NautaDutilh New York P.C., counsel for the Lead Arranger, then due and owing and required to be reimbursed thereunder). (f) (i) The Company shall have provided documentation and other information reasonably requested of the Company and the other Loan Parties in writing at least 10 Business Days prior to the Restatement Effective Date by ...
Sample 1
Conditions to the Restatement Effective Date. The obligation of each Lender and the L/C Issuer to make any Credit Extension hereunder is subject to satisfaction of the following conditions on or prior to the date hereof to the satisfaction of the Administrative Agent and Revolver Agent:
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Conditions to the Restatement Effective Date. The occurrence of the Restatement Effective Date and the retranching of the Loans as set forth in the Amendment No. 9 and Restatement Agreement is subject to the following conditions precedent (unless all of the Extending Lenders, in their sole and absolute discretion, shall agree otherwise):
Sample 1
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Related to Conditions to the Restatement Effective Date

  • Amendment Effective Date This Amendment shall become effective as of the first date (the “Amendment Effective Date”) on which each of the following conditions shall have been satisfied:

  • Agreement Effective Date This Agreement shall become effective and binding upon each Party immediately following the occurrence of the following conditions (the “Agreement Effective Date”):

  • Prior to the Agreement Effective Date Prior to the Agreement Effective Date, the Trust will furnish to Ultimus the following:

  • Effect; Effective Date Upon (i) delivery to the Agent of a duly executed Assignment Agreement, together with any consents required by Sections 12.3(a) and 12.3(b), and (ii) payment of a $3,500 fee to the Agent for processing such assignment (unless such fee is waived by the Agent), such Assignment Agreement shall become effective on the effective date specified by the Agent in such Assignment Agreement. The Assignment Agreement shall contain a representation by the Purchaser to the effect that none of the consideration used to make the purchase of the Commitment and Credit Exposure under the applicable Assignment Agreement constitutes “plan assets” as defined under ERISA and that the rights and interests of the Purchaser in and under the Loan Documents will not be “plan assets” under ERISA. On and after the effective date of such Assignment Agreement, such Purchaser shall for all purposes be a Lender party to this Agreement and any other Loan Document executed by or on behalf of the Lenders and shall have all the rights and obligations of a Lender under the Loan Documents, to the same extent as if it were an original party thereto, and the transferor Lender shall be released with respect to the Commitment and Credit Exposure assigned to such Purchaser without any further consent or action by the Borrower, the Lenders or the Agent. In the case of an Assignment Agreement covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a Lender hereunder but shall continue to be entitled to the benefits of, and subject to, those provisions of this Agreement and the other Loan Documents which survive payment of the Obligations and termination of the applicable agreement. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this Section 12.3 shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with Section 12.2. Upon the consummation of any assignment to a Purchaser pursuant to this Section 12.3(c), the transferor Lender, the Agent and the Borrower shall, if the transferor Lender or the Purchaser desires that its Loans be evidenced by Notes, make appropriate arrangements so that new Notes or, as appropriate, replacement Notes are issued to such transferor Lender and new Notes or, as appropriate, replacement Notes, are issued to such Purchaser, in each case in principal amounts reflecting their respective Commitments, as adjusted pursuant to such assignment.

  • Conditions to Effective Date It shall be a condition to the Effective Date that each of the following conditions shall have been satisfied or waived as of such date, and upon such satisfaction or waiver, this Agreement shall be effective:

  • After the Agreement Effective Date After the Agreement Effective Date, the Trust will furnish to Ultimus any amendments to the items listed in Section 14.1.

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