Effectiveness and Conditions Precedent. This Agreement will become effective on the date that the Lender notifies the Borrower that the following conditions precedent have been fulfilled:
Effectiveness and Conditions Precedent. This Agreement shall become effective on September 25, 2002 (the “Effective Date”), upon the Administrative Agent’s receipt of counterparts of this Agreement executed and delivered by each of the Lenders, the Borrowers and the Guarantors (which executions and deliveries may be effected by delivery and receipt by facsimile transmission).
Effectiveness and Conditions Precedent. This Agreement will become effective on the date that the Lender notifies the Lender that the following conditions precedent have been fulfilled:
Effectiveness and Conditions Precedent. This Agreement shall become effective at such time as the following conditions precedent have been satisfied:
Effectiveness and Conditions Precedent. 4.1 Conditions Precedent to Effectiveness of this Agreement This effectiveness of this Agreement is subject to and conditional upon the prior fulfilment of the following conditions to the satisfaction of the Agent, the Lenders and the Lenders’ Counsel:
Effectiveness and Conditions Precedent. (a) The Closing and corresponding occurrence of the Effective Date shall be subject to the satisfaction of all of the following Conditions Precedent:
Effectiveness and Conditions Precedent. This Agreement shall become effective as of August 19, 2002 (the "Effective Date"), upon the satisfaction of all of the following conditions precedent:
Effectiveness and Conditions Precedent. This Amendment shall become effective upon the Bank’s receipt of: (a) counterparts of this Amendment executed and delivered by the Borrower; (b) a fully executed original of a certificate of officers of the Borrower with attached resolutions of the Board of Directors of the Borrower (in each case in form and substance satisfactory to the Bank in its sole discretion) authorizing the execution and delivery of this Amendment and consummation of the transactions contemplated hereby by the Borrower; (c) an original of the Eighth Amended and Restated Promissory Note attached hereto as Exhibit F duly executed by the Borrower; (d) evidence of the Borrower’s legal status and good standing; (e) a legal opinion from Borrower’s counsel regarding the authorization, validity, and enforceability of this Amendment and all related documents and instruments; (f) all items necessary to render effective Amendment No. 3 to Second Amended and Restated Loan Agreement [Revolving and Bullet Loans] of even date between the Borrower and the Bank; and (g) such other documentation as the Bank may deem appropriate for this transaction and transactions of this type. In addition, as determined by the Bank in accordance with its business expertise, no material adverse change shall have occurred in the Borrower’s financial condition or performance as reflected in the financial statements provided by the Borrower to the Bank dated May 29, 2007, nor shall there have been any material adverse change in the Borrower’s property or in any other matters that the Bank analyzed in connection with the Amendment, including, without limitation, any change in the structure of the transaction initially presented to and agreed upon by the Bank.
Effectiveness and Conditions Precedent. This Amendment shall become effective upon the Lender’s receipt of (a) counterparts of this Amendment executed and delivered by the Debtor; and (b) evidence in form and substance satisfactory to Lender that the officer(s) of each debtor whose signature(s) appear below have the necessary authority to execute and deliver this Amendment on behalf of each Debtor;
Effectiveness and Conditions Precedent. This Amendment shall become effective upon the Lender’s receipt of: (a) counterparts of this Amendment executed and delivered by the Borrowers; (b) a Third Amended and Restated Revolving Note in form and substance satisfactory to the Lender that has been duly executed and delivered by the Borrowers; (c) certificates of officers of the Borrowers (in form and substance satisfactory to the Lender in its sole discretion) certifying to the incumbency of the officers executing this Amendment and related instruments and to the resolutions of the Boards of Directors of the Borrowers authorizing the execution of this Amendment and related instruments and consummation of the transactions contemplated hereby; and (d) the amendment fee referenced at Section 2.9(b) of the Agreement that has been paid by the Borrowers.
