Effectiveness; Conditions Precedent. The effectiveness of this Agreement and the amendments to the Credit Agreement herein provided are subject to the satisfaction of the following conditions precedent: (a) the Administrative Agent shall have received each of the following documents or instruments in form and substance reasonably acceptable to the Administrative Agent: (i) four (4) original counterparts of this Agreement, duly executed by the Borrower, the Administrative Agent, each Guarantor and the Required Lenders; and (ii) such other documents, instruments, opinions, certifications, undertakings, further assurances and other matters as the Administrative Agent shall reasonably request; and (b) all fees and expenses payable to the Administrative Agent and the Lenders (including the reasonable fees and expenses of counsel to the Administrative Agent estimated to date) shall have been paid in full (without prejudice to final settling of accounts for such fees and expenses).
Appears in 3 contracts
Samples: Credit Agreement (Neustar Inc), Credit Agreement (Neustar Inc), Credit Agreement (Neustar Inc)
Effectiveness; Conditions Precedent. The effectiveness of this Agreement and the amendments to the Credit Agreement herein provided in Paragraph 1 hereof are all subject to the satisfaction of each the following conditions precedent:
(a) the The Administrative Agent shall have received each of the following documents or instruments in form and substance reasonably acceptable to the Administrative Agent:
(i) four (4) original counterparts of this Agreement, duly executed by the Borrower, the Administrative Agent, each Guarantor and the Required Lenders; and, together with all schedules and exhibits thereto duly completed;
(ii) such other documents, instruments, opinions, certifications, undertakings, further assurances and other matters as the Administrative Agent shall reasonably request; and.
(b) all All fees and expenses payable to the Administrative Agent and the Lenders (including the reasonable fees and expenses of counsel to the Administrative Agent Agent) estimated to date) date shall have been paid in full (without prejudice to final settling of accounts for such fees and expenses).
Appears in 2 contracts
Samples: Credit Agreement (Jarden Corp), Credit Agreement (Jarden Corp)
Effectiveness; Conditions Precedent. The effectiveness of this This Agreement and the amendments to the Credit Agreement herein provided are subject to the shall become effective upon satisfaction of the following conditions precedent:
(a) the Administrative Agent shall have received each of the following documents or instruments in form and substance reasonably acceptable to the Administrative Agent:
(i) four (4) original counterparts of this Agreement, duly executed by the BorrowerBorrowers, the Administrative Agent, each Guarantor Agent and the Required Lenders; and, together with all schedules and exhibits thereto duly completed;
(ii) such other documents, instruments, opinions, certifications, undertakings, further assurances and other matters as the such other assurances, certificates, documents, consents or opinions as the Administrative Agent shall Agent, the L/C Issuer, or the Lenders may reasonably request; andrequire;
(b) all fees and expenses payable to the Administrative Agent and the Lenders (including the reasonable fees and expenses of counsel to the Administrative Agent Agent) estimated to date) date shall have been paid in full (without prejudice to final settling of accounts for such fees and expenses).
Appears in 2 contracts
Samples: Credit Agreement (Intersections Inc), Credit Agreement (Intersections Inc)
Effectiveness; Conditions Precedent. The effectiveness of this Agreement and the amendments to the Credit Agreement herein provided are subject to the satisfaction of the following conditions precedent:
(a) the Administrative Agent shall have received each of the following documents or instruments in form and substance reasonably acceptable to the Administrative Agent:
(i) four (4) original counterparts of this Agreement, duly executed by the Borrower, the Administrative Agent, each Guarantor and each of the Required Lenders; and, together with all schedules and exhibits thereto duly completed;
(ii) such other documents, instruments, opinions, certifications, undertakings, further assurances and other matters as the Administrative Agent shall reasonably request; and
(b) all other fees and expenses payable to the Administrative Agent and the Lenders (including the reasonable fees and expenses of counsel to the Administrative Agent Agent) estimated to date) date shall have been paid in full (without prejudice to final settling of accounts for such fees and expenses).
Appears in 1 contract
Effectiveness; Conditions Precedent. The effectiveness of this Agreement amendment letter (this “Amendment”) and the amendments to the Credit Agreement herein provided are subject to the satisfaction of the following conditions precedent:
: (a) the Administrative Agent shall have received each of the following documents or instruments in form and substance reasonably acceptable to the Administrative Agent:
: (i) four (4) original counterparts of this AgreementAmendment, duly executed by the BorrowerCompany, the Administrative Agent, each Guarantor the Borrowers, the Subsidiary Guarantors and the Lenders which constitute Required Lenders; and
and (ii) such other documents, instruments, opinions, certifications, undertakings, further assurances and other matters documents as the Administrative Agent shall reasonably request; and
and (b) unless waived by the Administrative Agent, all fees and expenses payable to the Administrative Agent and the Lenders (including the reasonable fees and expenses of counsel to the Administrative Agent to the extent invoiced prior to the date hereof) estimated to date) date shall have been paid in full (without prejudice to final settling of accounts for such fees and expenses).
Appears in 1 contract
Samples: Credit Agreement (Carmax Inc)
Effectiveness; Conditions Precedent. The effectiveness of this Agreement and the amendments to the Credit Agreement herein provided are subject to the satisfaction of the following conditions precedent:
(a) the Administrative Agent shall have received each of the following documents or instruments in form and substance reasonably acceptable to the Administrative Agent:
(i) four (4) original counterparts of this Agreement, duly executed by the Borrower, the Administrative Agent, each Guarantor and the Required Lenders; and;
(ii) such other documents, instruments, opinions, certifications, undertakings, further assurances and other matters as the Administrative Agent shall reasonably request; and
(b) all fees and expenses payable to the Administrative Agent and the Lenders (including the reasonable fees and expenses of counsel to the Administrative Agent Agent) estimated to date) date shall have been paid in full (without prejudice to final settling of accounts for such fees and expenses).
Appears in 1 contract
Samples: Credit Agreement (Neustar Inc)
Effectiveness; Conditions Precedent. The effectiveness of this Agreement Amendment and the amendments amendment to the Credit Agreement herein provided are subject to the satisfaction of the following conditions precedent:
(a) the Administrative Agent shall have received each of the following documents or instruments in form and substance reasonably acceptable to the Administrative Agent:
(i) four (4) original executed counterparts of this AgreementAmendment, duly executed by the each Borrower, each Subsidiary Guarantor, the Administrative Agent, each Guarantor and the Required Lenders;
(b) the Administrative Agent shall have received, for the benefit of each Lender party hereto, an amendment fee in an amount equal to 0.03% of its Commitment; and
(ii) such other documents, instruments, opinions, certifications, undertakings, further assurances and other matters as the Administrative Agent shall reasonably request; and
(bc) all other fees and expenses payable to the Administrative Agent (unless waived by the Administrative Agent and the Lenders (including the reasonable fees and expenses of counsel to the Administrative Agent estimated to datethe extent invoiced prior to the date hereof) shall have been paid in full (without prejudice to final settling of accounts for such fees and expenses).
Appears in 1 contract
Effectiveness; Conditions Precedent. The effectiveness of this Agreement This Amendment, and the amendments to the Credit Agreement herein provided are subject to contained herein, shall not be effective until the satisfaction of each of the following conditions precedent:
(a) the The Administrative Agent shall have received each of the following documents one or instruments in form and substance reasonably acceptable to the Administrative Agent:
(i) four (4) original more counterparts of this AgreementAmendment, duly executed by the Borrower, the Administrative Agent, each Guarantor Agent and the Required Lenders; and;
(iib) The Administrative Agent shall have received such other documents, instruments, opinions, certifications, undertakings, further assurances and other matters documents in connection with this Amendment as the Administrative Agent shall or its counsel may reasonably request; and
(bc) all All fees and expenses payable to the Administrative Agent and the Lenders (including the reasonable fees and expenses of counsel to the Administrative Agent estimated to date) shall have been paid in full (without prejudice to final settling of accounts for such fees and expenses).
Appears in 1 contract
Effectiveness; Conditions Precedent. The effectiveness of this This Agreement and the amendments to the Credit Agreement herein provided are subject to the shall become effective upon satisfaction of the following conditions precedent:
(a) the Administrative Agent shall have received each of the following documents or instruments in form and substance reasonably acceptable to the Administrative Agent:
(i) four (4) original counterparts of this Agreement, duly executed by the BorrowerBorrowers, the Administrative Agent, each Guarantor Agent and the Required Lenders; and, together with all schedules and exhibits thereto duly completed;
(ii) such other documents, instruments, opinions, certifications, undertakings, further assurances and other matters as the such other assurances, certificates, documents, consents or opinions as the Administrative Agent shall Agent, the L/C Issuer, or the Lenders may reasonably request; andrequire;
(b) the Fourth Amendment Fee (defined below) and all other fees and expenses payable to the Administrative Agent and the Lenders (including the reasonable fees and expenses of counsel to the Administrative Agent Agent) estimated to date) date shall have been paid in full (without prejudice to final settling of accounts for such fees and expenses).
Appears in 1 contract
Samples: Credit Agreement (Intersections Inc)
Effectiveness; Conditions Precedent. The effectiveness of this This Agreement and the waivers under and amendments to the Credit Agreement herein provided are subject to the shall become effective upon satisfaction of the following conditions precedent:
(a) the Administrative Agent shall have received each of the following documents or instruments in form and substance reasonably acceptable to the Administrative Agent:
(i) four (4) original counterparts of this Agreement, duly executed by the BorrowerBorrowers, the Administrative Agent, each Guarantor Agent and the Required Lenders; and;
(ii) such other documents, instruments, opinions, certifications, undertakings, further assurances and other matters as the such other assurances, certificates, documents, consents or opinions as the Administrative Agent shall Agent, the L/C Issuer, or the Lenders may reasonably request; andrequire;
(b) all fees and expenses payable to the Administrative Agent and the Lenders (including the reasonable fees and expenses of counsel to the Administrative Agent Agent) estimated to date) date shall have been paid in full (without prejudice to final settling of accounts for such fees and expenses).
Appears in 1 contract
Samples: Credit Agreement (Intersections Inc)
Effectiveness; Conditions Precedent. The effectiveness of this Agreement Amendment and the amendments to the Credit Agreement herein provided in Section 1 are subject to the satisfaction of the following conditions precedent:
(a) the Administrative Agent shall have received each of the following documents or instruments in form and substance reasonably acceptable to the Administrative Agent:
(i) four (4) original counterparts of this AgreementAmendment, duly executed by the Borrower, the other Loan Parties, the Administrative Agent, each Guarantor and the Required Lenders, together with all schedules thereto duly completed; and
(ii) such other documents, instruments, opinions, certifications, undertakings, further assurances and other matters as the Administrative Agent shall reasonably request; and;
(b) all fees and expenses payable to the Administrative Agent and the Lenders (including the reasonable fees and expenses of counsel to the Administrative Agent estimated to dateAgent) due and payable shall have been paid in full (without prejudice to final settling of accounts for such fees and expenses).
Appears in 1 contract
Samples: Credit Agreement (Nuvasive Inc)
Effectiveness; Conditions Precedent. The effectiveness of this Agreement Amendment, the amendment set forth in Section 1 and the amendments to the Credit Agreement herein provided consents and waivers set forth in Section 2 are subject to the satisfaction of the following conditions precedent:
(a) the Administrative Agent shall have received each of the following documents or instruments in form and substance reasonably acceptable to the Administrative Agent:
(i) four (4) original counterparts a counterpart of this AgreementAmendment, duly executed by the Borrower, the Administrative Agent, each Guarantor and the Required Lenders; and
(ii) such other documents, instruments, opinions, certifications, undertakings, further assurances and other matters as the Administrative Agent shall reasonably request; and
(b) all reasonable fees and expenses payable to the Administrative Agent and the Lenders (including the reasonable fees and expenses of counsel to the Administrative Agent related to this Amendment) estimated to date) date shall have been paid in full (without prejudice to final settling of accounts for such fees and expenses).
Appears in 1 contract
Samples: Credit Agreement (Health Management Associates Inc)
Effectiveness; Conditions Precedent. The effectiveness of this Agreement and the amendments to the Credit Agreement herein provided are subject to the satisfaction of the following conditions precedent:
(a) the Administrative Agent shall have received each of the following documents or instruments in form and substance reasonably acceptable to the Administrative Agent:
(i) four ten (410) original counterparts of this Agreement, duly executed by the Borrower, the Administrative Agent, each Guarantor Agent and the Required Lenders; and, together with all schedules and exhibits thereto duly completed;
(ii) such other documents, instruments, opinions, certifications, undertakings, further assurances and other matters as the Administrative Agent shall reasonably request; and
(b) all fees and expenses payable to the Administrative Agent and the Lenders (including the reasonable fees and expenses of counsel to the Administrative Agent Agent) estimated to date) date shall have been paid in full (without prejudice to final settling of accounts for such fees and expenses).
Appears in 1 contract
Effectiveness; Conditions Precedent. The effectiveness of this Agreement This Amendment and the amendments to the Credit Agreement herein provided are subject to the shall become effective upon satisfaction of the following conditions precedent:
(a) the Administrative Agent shall have received each of the following documents or instruments in form and substance reasonably acceptable to the Administrative Agentreceived:
(i) four (4) original counterparts of this AgreementAmendment, duly executed by the BorrowerCompany, the other Loan Parties, the Administrative Agent, each Guarantor Agent and the Lenders which constitute Required Lenders; and;
(ii) such other documents, instruments, opinions, certifications, undertakings, further assurances and other matters as the Administrative Agent Agent, the Swing Line Lender, any L/C Issuer or any Lender shall reasonably request; and
(b) all fees and expenses payable to the Administrative Agent and the Lenders (including the reasonable fees and expenses of counsel to the Administrative Agent estimated Agent) to date) the extent invoiced on or prior to the date hereof shall have been paid in full (without prejudice to final settling of accounts for such fees and expenses).
Appears in 1 contract
Effectiveness; Conditions Precedent. The effectiveness of this Agreement Amendment and the amendments to the Credit Agreement herein provided are subject to the satisfaction of the following conditions precedent:
(a) the The Administrative Agent shall have received each of the following documents documents, instruments or instruments deliverables in form and substance reasonably acceptable to the Administrative Agent:
(i) four (4) original counterparts of this AgreementAmendment, duly executed by the Borrower, the Lenders and the Administrative Agent, each Guarantor and the Required Lenders; and
(ii) such other documents, instruments, opinions, certifications, undertakings, further assurances and other matters as the Administrative Agent shall reasonably request; and
(b) all All fees and expenses payable to the Administrative Agent and the Lenders (including the reasonable fees and expenses of counsel to the Administrative Agent estimated Agent) accrued to date) date shall have been paid in full (without prejudice to final settling of accounts for such fees and expenses)full.
Appears in 1 contract
Effectiveness; Conditions Precedent. The effectiveness of this Agreement and the amendments to the Credit Agreement herein provided are subject to the satisfaction of the following conditions precedent:
(a) the Administrative Agent shall have received each of the following documents or instruments in form and substance reasonably acceptable to the Administrative Agent:
(i) four (4) original counterparts of this Agreement, duly executed by the Borrower, the Administrative AgentMLP, each Guarantor Guarantor, the Issuing Bank, the Administrative Agent and all the Required Lenders; and;
(ii) such other documents, instruments, opinions, certifications, undertakings, further assurances and other matters as the Administrative Agent shall reasonably request; and
(b) all fees and expenses payable to the Administrative Agent and the Lenders (including the reasonable fees and expenses of counsel to the Administrative Agent Agent) estimated to date) date shall have been paid in full (without prejudice to final settling of accounts for such fees and expenses).
Appears in 1 contract
Samples: Letter of Credit Agreement and Subsidiary Guaranty Agreement (NuStar Energy L.P.)
Effectiveness; Conditions Precedent. The effectiveness of this Agreement and the amendments to the Credit Agreement herein provided in Section 1 hereof are each subject to the satisfaction of the following conditions precedent:
(a) the Administrative Agent shall have received each of the following documents or instruments in form and substance reasonably acceptable to the Administrative Agent:
(i) four (4) original counterparts of this Agreement, duly executed by the Borrower, the Administrative Agent, each Guarantor Agent and the Required Lenders; and
(ii) such other documents, instruments, opinions, certifications, undertakings, further assurances and other matters as the Administrative Agent shall reasonably request; and;
(b) all fees and expenses payable to the Administrative Agent and the Lenders (including the reasonable fees and expenses of counsel to the Administrative Agent Agent) estimated to date) date shall have been paid in full (without prejudice to final settling of accounts for such fees and expenses).
Appears in 1 contract
Samples: Credit Agreement (Temple Inland Inc)
Effectiveness; Conditions Precedent. The effectiveness of this Agreement Amendment and the amendments to the Credit Agreement herein provided are subject to the satisfaction of the following conditions precedent:
(a) the Administrative Agent shall have received each of the following documents or instruments in form and substance reasonably acceptable to the Administrative Agent:
(i) four (4) original one or more counterparts of this AgreementAmendment, duly executed by Borrower, each of the BorrowerGuarantors, the Administrative Agent, each Guarantor and the Lenders constituting Required Lenders; and
(ii) such other documents, instruments, opinions, certifications, undertakings, further assurances and other matters as the Administrative Agent shall reasonably request; and
(b) all other fees and expenses payable to the Administrative Agent and the Lenders (including the reasonable fees and expenses of counsel to the Administrative Agent Agent) estimated to date) date shall have been paid in full (without prejudice to final settling of accounts for such fees and expenses).
Appears in 1 contract
Effectiveness; Conditions Precedent. The effectiveness of this Agreement and the amendments to the Credit Agreement herein provided are subject to the satisfaction of the following conditions precedent:
(a) the Administrative Agent shall have received each of the following documents or instruments in form and substance reasonably acceptable to the Administrative Agent:
(i) four six (46) original counterparts of this Agreement, duly executed by the Borrower, the Administrative Agent, each Guarantor and the Required Lenders; and;
(ii) such other documents, instruments, opinions, certifications, undertakings, further assurances and other matters as the Administrative Agent shall reasonably request; and
(b) all fees and expenses payable to the Administrative Agent and the Lenders (including the reasonable fees and expenses of counsel to the Administrative Agent Agent) estimated to date) date shall have been paid in full (without prejudice to final settling of accounts for such fees and expenses).
Appears in 1 contract
Effectiveness; Conditions Precedent. The effectiveness of this Agreement Amendment and the amendments to the Credit Agreement herein provided in Section 2 are subject to the satisfaction of the following conditions precedent:
(a) the Administrative Agent shall have received each of the following documents or instruments in form and substance reasonably acceptable to the Administrative Agent:
(i) four (4) original counterparts of this AgreementAmendment, duly executed by the Borrower, the other Loan Parties, the Administrative Agent, each Guarantor and the Required Lenders, together with all schedules thereto duly completed;
(ii) counterparts of the First Amendment Fee Letter, duly executed by the Borrower and the Administrative Agent; and
(iiiii) such other documents, instruments, opinions, certifications, undertakings, further assurances and other matters as the Administrative Agent shall reasonably request; and;
(b) all fees and expenses payable to the Administrative Agent and the Lenders (including the reasonable fees and expenses of counsel to the Administrative Agent estimated to dateAgent) due and payable shall have been paid in full (without prejudice to final settling of accounts for such fees and expenses).
Appears in 1 contract
Samples: Credit Agreement (Nuvasive Inc)