Effective Date and Conditions Precedent. This Agreement shall become effective upon satisfaction in full of each of the following conditions on or prior to the Effective Date:
Effective Date and Conditions Precedent. This Agreement shall become effective on the first date (the “Effective Date”) on which each of the following conditions have been satisfied:
Effective Date and Conditions Precedent. The effectiveness of the amendments provided in Sections 1 and 2 of this Agreement shall be subject to the satisfaction of the following conditions:
Effective Date and Conditions Precedent. 23 (a) Effective Date and Conditions Precedent .................... 23 (b) Waiver or Deferral of Conditions Precedent ................. 24 (c) Delivery by Telecopy ....................................... 24 SECTION 5.
Effective Date and Conditions Precedent. The obligations of the parties hereunder shall become effective on the date when each of the following conditions are met (the “Effective Date”): (a) Borrowers shall have delivered to Agents this Agreement duly executed by an authorized officer of Borrowers; (b) the Forbearing Lenders shall have countersigned this Agreement; (c) Borrowers shall have delivered to Agents the Budget (as defined below); (d) the Borrowers and ninety-seven percent of the holders of the obligations evidencing the Subordinated Debt Issue (the “Holders”), or the indenture trustee on behalf of the Holders, shall have executed an agreement pursuant to which the Holders or the indenture trustee on behalf of the Holders agree not to take action to enforce any right or remedy related to the Subordinated Debt Issue during the Forbearance Period (the “Subordinate Debt Forbearance Agreement”); and (e) the secretary of Borrowers’ boards of directors shall have delivered to Agents a duly executed secretary’s and incumbency certificate identifying the current officers of Borrowers who are duly authorized by Borrowers’ board of directors to execute and deliver Documents, including without limitation this Agreement, and identifying the current members of the boards of directors of Borrowers. In the event condition precedent (d) of this paragraph is not satisfied by 5:00 p.m. (Eastern) May 25, 2007 (unless further extended by the Forbearing Lenders in writing), then the terms of this document shall be deemed to have been withdrawn, and the parties stipulate that none of the provisions of this Agreement shall be binding upon any party hereto.
Effective Date and Conditions Precedent. (a) The Agent shall notify the Company and the Lenders promptly upon receipt by the Agent of each of the documents and evidence listed in Schedule 2 (Conditions Precedent) in a form and substance reasonably satisfactory to the Agent (having regard to the requirements for the forms of such documents and evidence specified in Schedule 2 (Conditions Precedent) (where specified)).
(b) The Company shall (and shall procure that UK TopCo shall) promptly execute and deliver to the Agent the Effective Date Notice on the date the Takeover is completed or, if later, the date on which the Company receives the Agent’s notification under Clause 3.2(a).
Effective Date and Conditions Precedent. This Amendment shall become effective on the date (the “First Amendment Effective Date”) which is the date the Bank is in receipt of counterparts of this Amendment, duly executed by the Borrower, the Bank and the Guarantors.
Effective Date and Conditions Precedent. (a) The effectiveness of the amendments provided in Section 1 of this Restatement Agreement shall be subject to receipt by the Issuer and the Company of a notification from the Noteholders confirming the satisfaction of the conditions precedent set out in Schedule 3 attached hereto.
(b) The Noteholders agree to give the notification as soon as practicable after satisfaction of the conditions precedent set out in Schedule 3.
(c) If the conditions precedent referred to in (a) above have not been complied with on or before November 28, 2003 (or such later date as all Noteholders may agree) then this Restatement Agreement shall lapse on that date and be of no further effect.
Effective Date and Conditions Precedent. A. This Contract shall commence on July 1, 2010, and shall expire on June 30, 2013, subject to the possibility of termination or extension pursuant in Section 2, Paragraph C and/or D of this Contract.
B. Before PBCCS may begin to operate as a public charter school sponsored by the District, the following conditions must be met:
(i) PBCCS shall provide the District that they have entered into an agreement to either purchase, lease, rent or otherwise secure a facility within District boundary, and acceptable to the District by July 1, 2010.
(ii) PBCCS shall secure the appropriate and necessary building, conditional use and safety permits for the charter facility and give proof of same to the District by September 1, 2010. Upon receipt of these permits PBCCS shall provide a certified copy of same to the District Business Manager.
(iii) PBCCS shall secure the necessary occupancy permits for the charter school facility by August 20, 2010 or sooner if students are in the building.
(iv) PBCCS shall secure building/property/business insurance (Commercial General Liability Insurance, Liability Insurance, Automobile Liability Insurance, Hired and Non-Owned Automobile Insurance, Workers’ Compensation Insurance, Honesty Bond covering all employees, volunteers and Board, Errors and Omission Insurance, Molestation, and Property Insurance) in the amounts determined by District Administrative Rule and proof of this insurance must be delivered to the District by July 1, 2010 and the PBCCS insurance policy must name the District as an additional insured.
(v) The dates of these conditions precedent may be altered by written mutual assent of the District and PBCCS.
C. It is the intent of PBCCS and the District to grant a charter under this Contract for three (3) school years. If PBCCS will be unable to meet, or fails to meet, any conditions precedent, PBCCS shall promptly notify the District, and PBCCS’s first year of operation will be delayed until the following September of 2011. In the event that this delay takes place, the term of this Contract will be extended by one year, to allow for three (3) school years of operation by PBCCS, and all required conditions precedent will need to be met by agreed upon calendar dates.
D. Should PBCCS fail to honor the conditions precedent under this Contract at any time then this contract shall be terminated as described in Section 6 (I) of this Contract.
Effective Date and Conditions Precedent. 2.1 This Addendum shall be effective upon on the date that all of the conditions specified in clause 2.2 are satisfied (the "Effective Date"), subject to the fulfilment or waiver (as the case may be) of the suspensive conditions ("Conditions Precedent") contained in clause 2.2.
2.2 This Addendum shall become effective upon the following:
2.2.1 by not later than 17h00 on August 27, 2024, the board of directors of PBM approves and ratifies the entering into of the WLC SPA, the Offering and this Addendum and all other agreements and transactions contemplated therein; and
2.2.2 The Holder Warrants being issued no later than August 27, 2024.
2.2.3 The Holder Shares being issued no later than August 27, 2024
2.3 In the event that the provisions of clause 2.2 are not satisfied, this Addendum shall be void and of no further force or effect.
2.4 Unless all the Conditions Precedent have been fulfilled or waived by not later than the relevant dates for fulfilment thereof set out in clause 2.2 (or such later date or dates as may be agreed in writing between the Parties) the provisions of this Addendum, save for clauses 1, 2, 7 and 8, which will remain of full force and effect, will never become of any force or effect and the status quo ante will be restored as near as may be and neither of the Parties will have any claim against the other in terms hereof or arising from the failure of the Conditions Precedent.
