Effectiveness and Counterparts. This Amendment may be executed in as many counterparts as US Agent, Canadian Agent, the Lenders and the Borrowers deem convenient, and shall become effective upon delivery to US Agent and Canadian Agent of: (i) all executed counterparts hereof from the Lenders and from Borrowers and each of the Guarantors; (ii) the documents listed on the Closing Checklist attached hereto as Exhibit A; and (iii) any other documents or items which US Agent or Canadian Agent may require to carry out the terms hereof. This Amendment No. 1 to Amended and Restated Credit Agreement is executed and delivered on the Amendment No. 1 Effective Date. MANITEX INTERNATIONAL, INC. By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: President MANITEX, INC. By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: President MANITEX SABRE, INC. By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: President BADGER EQUIPMENT COMPANY By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: President MANITEX LOAD KING, INC. By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: President MANITEX LOAD KING, INC. By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: President COMERICA BANK By: /s/ Xxxxx X. Xxxxxx, III Xxxxx X. Xxxxxx, III Its: Vice President COMERICA BANK, as US Lender, as US Issuing Lender, and as US Swing Line Lender By: /s/ Xxxxx X. Xxxxxx, III Xxxxx X. Xxxxxx, III Its: Vice President COMERICA BANK, as Canadian Agent By: /s/ Xxxxxxxx Xxxxxxx Xxxxxxxx Xxxxxxx Its: Portfolio Risk Manager COMERICA BANK, as Canadian Lender, As Canadian Issuing Lender, and as Canadian Swing Line Lender By: /s/ Xxxxxxxx Xxxxxxx Xxxxxxxx Xxxxxxx Its: Portfolio Risk Manager [Signature Page – US Lender] FIFTH THIRD BANK, as US Lender By: /s/ Xxxxxxx Xxxxxx Xxxxxxx Xxxxxx Its: Assistant Vice President FIFTH THIRD BANK, as Canadian Lender By: /s/ Xxxxx Xxxxxxx Xxxxx Xxxxxxx Its: Director GUARANTORS: MANITEX INTERNATIONAL, INC. MANITEX, INC. By: /s/ Xxxxxx X. Xxxxx By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: President Its: President MANITEX SABRE, INC. BADGER EQUIPMENT COMPANY By: /s/ Xxxxxx X. Xxxxx By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: President Its: President MANITEX LOAD KING, INC. LIFTKING, INC. By: /s/ Xxxxxx X. Xxxxx By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: President Its: President MANITEX, LLC NORTH AMERICAN EQUIPMENT, INC. By: /s/ Xxxxxx X. Xxxxx By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Its: President Its: President NORTH AMERICAN DISTRIBUTION, INC. By: /s/ Xxxxxx X. Xxxxx Xxxxxx...
Effectiveness and Counterparts. The Amendment shall become effective when, and only when, the Company and the Holders shall have executed and delivered this Amendment. This Amendment may be executed in two or more counterparts, each of which will be deemed an original but all of which together will constitute one and the same instrument.
Effectiveness and Counterparts. This Amendment No. 1 shall become effective as of the date hereof upon execution by the parties hereto. This Amendment No. 1 may be executed in any number of counterparts, each of which shall constitute an original but both of which when taken together shall constitute but one agreement.
Effectiveness and Counterparts. 9.1. This Agreement shall take effect upon being signed and stamped by the Parties and after being approved by the shareholders of Party A and the board of directors of Party B.
Effectiveness and Counterparts. This Agreement shall become effective upon execution of the Parties. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Facsimile and e-mailed copies of signatures shall be deemed to be originals for purposes of the effectiveness of this Agreement. [The remainder of this page is intentionally left blank]
Effectiveness and Counterparts. This Agreement may be signed in any number of counterparts, each of which shall be deemed as an original of this Agreement but all of which together shall constitute one and same instrument. This Agreement shall become effective from the date when the Parties affix their own signatures or seals.
Effectiveness and Counterparts. 10.1 This Agreement shall not become effective until approved by the DISTRICT. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and will become effective and binding upon the parties as of the effective date at such time as all the signatories hereto have signed a counterpart of this Agreement.
Effectiveness and Counterparts. This Agreement shall not be effective until signed by the representatives of two-thirds of the Members identified in Exhibit A of this Agreement as authorized by a duly adopted resolution of the governing body of each of those Members. This Agreement may be signed in separate counterparts on behalf of any one or more than one of the Members, without necessity for any one counterpart to be signed on behalf of all Members. Separately signed counterparts shall be filed with the Recording Secretary of the Council and shall constitute one Agreement.
Effectiveness and Counterparts. This Amendment may be executed in as many counterparts as US Agent, Canadian Agent, the Lenders and the Borrowers deem convenient, and shall become effective upon delivery to US Agent and Canadian Agent of: (i) all executed counterparts hereof from the Lenders and from Borrowers and each of the Guarantors; (ii) receipt by Agent of all fees payable to Borrowers to Lenders and Agent as detailed herein and in the Fee Letter from Borrowers to Agent dated on or about October 26, 2015; (iii) the documents listed on the Closing Checklist attached hereto as Exhibit A, except for (x) the reaffirmations of subordination agreements from Terex Corporation which shall be delivered to Agent on a post-closing basis on or before November 30, 2015, and (y) the Borrower shall use its best efforts to deliver to Agent the reaffirmation of subordination agreement from MI Convert Holdings LLC and Invemed Associates LLC on or before November 30, 2015; and (iv) any other documents or items which US Agent or Canadian Agent may require to carry out the terms hereof.
Effectiveness and Counterparts. 1. This Agreement shall take effect upon seal by duly authorized representatives of all the parties as of the date first above written
