EFFECTIVE DATE AND CONDITIONS. 1. This Second Amending Agreement shall become effective as of January 3, 2018 (the “Effective Date”), subject to the fulfilment of all conditions precedent set out herein.
2. On the Effective Date, the Original Credit Agreement shall be modified by the foregoing amendment. The parties hereto agree that the changes to the Original Credit Agreement set out herein and the execution hereof shall not constitute novation and all the Security shall continue to apply to the Original Credit Agreement, as amended hereby, and all other obligations secured thereby. Without limiting the generality of the foregoing and to the extent necessary, (i) the Lenders, the Agent and the Finnvera Facility Agent reserve all of their rights under each of the Security Documents, and (ii) each of the Borrower and the Guarantors obligates itself again in respect of all present and future obligations under, inter alia, the Credit Agreement.
3. The Borrower shall pay all fees and costs, including all legal fees associated with this Agreement incurred by the Agent as contemplated and restricted by the provisions of Section 12.14 of the Credit Agreement.
4. All of the representations and warranties of the Borrower contained in Article 11 of the Credit Agreement (except where qualified in Article 11 as being made as at a particular date) are true and correct on and as of the Effective Date as though made on and as of the Effective Date.
EFFECTIVE DATE AND CONDITIONS. All of the transactions contemplated by this Agreement shall be deemed effective as of the Closing Date immediately prior to the Closing (“Effective Date”); provided, however, that none of the transactions contemplated by this Agreement shall be effective unless and until (a) both of the sales referenced in the fourth recital of this Agreement occur and close on the same day, (b) the written acknowledgement from Newcastle referred to in Section 4 above is delivered to the parties hereto, and (c) the payment referred to in Section 2(e) is actually made. The parties hereto shall make appropriate notations in its respective books and records evidencing the transactions effected hereby. For these purposes, the parties hereto shall cooperate to determine without undue delay after the Effective Date the correct intercompany balances on the Effective Date.
EFFECTIVE DATE AND CONDITIONS. 1. This Sixth Amending Agreement shall become effective as of October 8, 2003 (the "Effective Date"), subject to the fulfilment of all conditions precedent set out herein and in Section 10.2 of the attached Amended and Restated Credit Agreement.
2. On the Effective Date, the new Credit Agreement shall supersede the Prior Credit Agreement in its entirety, except as provided in this section. The parties hereto agree that the changes to the terms and conditions of the Prior Credit Agreement set out herein and the execution hereof shall not constitute novation and all the Security shall continue to apply to the Prior Credit Agreement, as amended and restated by the Credit Agreement, and all other obligations secured thereby. Without limiting the generality of the foregoing and to the extent necessary, (i) the Lenders and the Agent reserve all of their rights under each of the Security Documents, and (ii) each of the Borrower and the Guarantors obligates itself again in respect of all present and future obligations under, inter alia, the Prior Credit Agreement, as amended and restated by the Credit Agreement.
3. The Borrower shall pay all fees and costs, including legal fees associated with this Agreement incurred by the Agent as contemplated and restricted by the provisions of Section 12.14
EFFECTIVE DATE AND CONDITIONS. FOR RECEIVING THE SERVICE 8
EFFECTIVE DATE AND CONDITIONS. 1. This First Amending Agreement shall become effective as of June 24, 2016 (the “Effective Date”), subject to the fulfilment of all conditions precedent set out herein.
2. On the Effective Date, the Original Credit Agreement shall be modified by the foregoing amendments. The parties hereto agree that the changes to the Original Credit Agreement set out herein and the execution hereof shall not constitute novation and all the Security shall continue to apply to the
EFFECTIVE DATE AND CONDITIONS. 1. This First Amending Agreement shall become effective as of June 14, 2013 (the “Effective Date”), subject to the fulfilment of all conditions precedent set out herein.
2. On the Effective Date, the Credit Agreement shall be modified by the foregoing amendments. The parties hereto agree that the changes to the Credit Agreement set out herein and the execution hereof shall not constitute novation and all the Security shall continue to apply to the Credit Agreement, as amended hereby, and all other obligations secured thereby. Without limiting the generality of the foregoing and to the extent necessary, (i) the Lenders and the Agent reserve all of their rights under each of the Security Documents, and (ii) each of the Borrower and the Guarantors obligates itself again in respect of all present and future obligations under, inter alia, the Credit Agreement, as amended hereby.
3. The Borrower shall pay all fees and costs, including (a) the fees referred to in the Borrower’s request letter dated May 13, 2013, and (b) legal fees associated with this Agreement incurred by the Agent as contemplated and restricted by the provisions of Section 12.14
EFFECTIVE DATE AND CONDITIONS. This Agreement shall become effective on the date that Resolution Number , the Resolution of the Mayor and City Council that approves this Annexation Agreement and authorizes the Mayor to sign the Agreement, is passed and the Mayor signs the Agreement. The Annexation of the Annexation Property shall become effective no less than forty-five days following the adoption of the Annexation Resolution required by the Md. Local Government Code Xxx., Division II, Title 4, Subtitle 4, (hereinafter “Subtitle 4”) subject to the following:
A. Expiration of all referendum periods, pursuant to Subtitle 4, with no petition for referendum having been filed, or if such a petition has been filed, final completion of the referendum process resulting in the Annexation.
B. Final approval by the City of the annexation contemplated herein. Final approval shall be deemed to include final approval of all administrative actions, votes and execution of required documents in order to effectuate the annexation, with no legal challenges or appeals being filed therefrom, or if such a legal challenge or appeal has been filed, final resolution of said legal challenge or appeal in a manner that does not alter the terms and conditions of annexation agreed to by the Owner, without the Owner’s written consent.
C. Owner, or such other person as Owner may designate in writing as Agent, shall have the right at any time prior to 5:00 PM on the 5'h day after the passage of the Charter Resolution, to withdraw consent to the proposed annexation of the Annexation Property by delivery of written notice to the Office of the City Administrator. Upon receipt of such notice, this Agreement and the Petition shall thereupon become void and of no effect as to the Annexation Property without further action by the City, time being of the essence If Owner exercises its right to withdraw its consent to the proposed annexation as provided for herein, Owner shall reimburse the City for all administrative expenses of the annexation process incurred by the City, including but not limited to advertising costs.
EFFECTIVE DATE AND CONDITIONS. This Amendment (and the amendments and modifications contained herein) shall become effective as of the date first set forth above (the "First Amendment Effective Date") when the conditions set forth in this Part have been satisfied.
EFFECTIVE DATE AND CONDITIONS. This Amendment shall become effective as of the date set forth in the preamble (the “Third Amendment Effective Date”) when each of the conditions set forth in this Part have been satisfied.
EFFECTIVE DATE AND CONDITIONS. This Amendment shall become effective as of the date set forth in the preamble (the "FIRST AMENDMENT EFFECTIVE DATE") when each of the conditions set forth in this Part have been satisfied.
