Effectiveness Conditions. This Amendment shall be effective upon the completion of the following conditions precedent (all agreements, documents and instruments to be in form and substance satisfactory to Agent and Agent’s counsel): (a) Execution and delivery by Borrower, Guarantors and Lenders of this Amendment to Agent; (b) Execution and/or delivery by the parties of all other agreements, instruments and documents requested by Agent to effectuate and implement the terms hereof and the Existing Loan Documents.
Appears in 6 contracts
Samples: Loan and Security Agreement (1st FRANKLIN FINANCIAL CORP), Loan and Security Agreement (1st FRANKLIN FINANCIAL CORP), Loan and Security Agreement (1st FRANKLIN FINANCIAL CORP)
Effectiveness Conditions. This Amendment shall be effective upon the completion of the following conditions precedent (all agreements, documents and instruments to be in form and substance satisfactory to Agent and Agent’s counsel):
(a) Execution and delivery to Agent by Borrower, Guarantors Borrowers and Lenders of this Amendment to AgentAmendment;
(b) Execution and/or delivery by the parties of all other agreements, instruments and documents reasonably requested by Agent to effectuate and implement the terms hereof and the Existing Loan Credit Documents.
Appears in 5 contracts
Samples: Loan and Security Agreement (Aaron's Inc), Loan and Security Agreement (Aaron's Inc), Loan and Security Agreement (Aaron's Inc)
Effectiveness Conditions. This Amendment shall be effective upon the completion of the following conditions precedent (all agreements, documents and instruments to be in form and substance satisfactory to Agent and Agent’s counsel):
(a) Execution and delivery by Borrower, Guarantors Borrowers and Lenders of this Amendment to Agent;
(b) Execution and/or delivery by the parties of all other agreements, instruments and documents requested by Agent to effectuate and implement the terms hereof and the Existing Loan Credit Documents.
Appears in 4 contracts
Samples: Loan and Security Agreement (C & F Financial Corp), Loan and Security Agreement (C & F Financial Corp), Loan and Security Agreement (C & F Financial Corp)
Effectiveness Conditions. This Amendment shall be effective upon the completion of the following conditions precedent (all agreements, documents and instruments to be in form and substance satisfactory to Administrative Agent and Administrative Agent’s counsel):
(a) Execution and delivery by Borrower, Guarantors and Lenders of this Amendment to Agent;
(b) Execution and/or delivery by the parties of all other agreements, instruments and documents requested by Agent to effectuate and implement the terms hereof and the Existing Loan Documents.
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (Quipt Home Medical Corp.), Credit and Guaranty Agreement (AdaptHealth Corp.), Credit and Guaranty Agreement (AdaptHealth Corp.)
Effectiveness Conditions. This Amendment shall be become effective upon the completion satisfactory completion, as determined by Agent in its discretion, of the following conditions precedent ("Effectiveness Conditions") (all agreements, documents and instruments to be in form and substance satisfactory to Agent and Agent’s counsel):
(a) a. Execution and delivery by Borrower, Guarantors and Lenders of this Amendment to Agent;Amendment.
(b) Execution and/or b. Certified copies of resolutions of each Borrower authorizing the execution, delivery by the parties and performance of all other agreements, instruments and documents requested by Agent to effectuate and implement the terms hereof and the Existing Loan Documentsthis Amendment.
Appears in 2 contracts
Samples: Credit Agreement (Phoenix Color Corp), Credit Agreement (Phoenix Color Corp)
Effectiveness Conditions. This Amendment shall be effective upon the completion of the following conditions precedent (all agreements, documents and instruments to be in form and substance satisfactory to Agent and Agent’s counsel):
(a) Execution and delivery by Borrower, Guarantors Borrower and Lenders to Agent of this Amendment to AgentAmendment;
(b) Execution and/or delivery by the parties of all other agreements, instruments and documents requested by Agent to effectuate and implement the terms hereof and the Existing Loan Credit Documents.
Appears in 2 contracts
Samples: Loan and Security Agreement (C & F Financial Corp), Loan and Security Agreement (C & F Financial Corp)
Effectiveness Conditions. This Amendment shall be become effective upon the completion satisfactory completion, as determined by Agent in its discretion, of the following conditions precedent (“Effectiveness Conditions”) (all agreements, documents and instruments to be in form and substance satisfactory to Agent and Agent’s counsel):
(a) Execution and delivery by Borrower, Guarantors and Lenders all parties of this Amendment to AgentAmendment;
(b) Execution and/or delivery by the parties Delivery of all consents and approvals of the boards of directors, shareholders and other agreements, instruments and documents requested by Agent to effectuate and implement the terms hereof and the Existing Loan Documents.applicable third parties necessary in connection with this transaction shall have been obtained;
(c) No Default or Event of Default exists; and
Appears in 2 contracts
Samples: Loan and Security Agreement (Phoenix Color Corp), Loan and Security Agreement (Phoenix Color Corp)
Effectiveness Conditions. This Amendment shall be effective upon the completion of the following conditions precedent (all agreements, documents and instruments to be in form and substance satisfactory to Agent and Agent’s counsel):
(a) Execution and delivery to Agent by Borrower, Guarantors Borrowers and Lenders Atlanticus of this Amendment to Agent;
(b) Execution and/or delivery by the parties of all other agreements, instruments and documents requested by Agent to effectuate and implement the terms hereof and the Existing Loan DocumentsAmendment.
Appears in 2 contracts
Samples: Loan and Security Agreement (Atlanticus Holdings Corp), Loan and Security Agreement (Atlanticus Holdings Corp)
Effectiveness Conditions. This Amendment shall be effective upon the completion of the following conditions precedent (all agreements, documents and instruments to be in form and substance satisfactory to Agent and Agent’s counsel):
(a) Execution and delivery by Borrower, Guarantors and Lenders of this Amendment to Agent;Amendment; and
(b) Execution and/or delivery by the parties of all other agreementsSuch additional documents, instruments and documents requested by agreements as Agent to effectuate and implement the terms hereof and the Existing Loan Documentsshall reasonably request.
Appears in 1 contract
Effectiveness Conditions. This Amendment shall be become effective upon the completion satisfactory completion, as determined by Agent in its discretion, of the following conditions precedent ("Effectiveness Conditions") (all agreements, documents and instruments to be in form and substance satisfactory to Agent and Agent’s counsel):
(a) a. Execution and delivery by Borrower, Guarantors and Lenders of this Amendment to Agent;
(b) Execution and/or delivery by the parties of all other agreements, instruments and documents requested by Agent to effectuate and implement the terms hereof and the Existing Loan Documents.Amendment
Appears in 1 contract
Effectiveness Conditions. This Amendment shall be become effective upon the completion satisfactory completion, as determined by Agent in its discretion, of the following conditions precedent ("Effectiveness Conditions") (all agreements, documents and instruments to be in form and substance satisfactory to Agent and Agent’s counsel):
(a) a. Execution and delivery by Borrower, Guarantors and Lenders all parties of this Amendment to AgentAmendment;
(b) Execution and/or delivery by the parties b. Delivery of all consents and approvals of the boards of directors, shareholders and other agreementsapplicable third parties necessary in connection with this transaction shall have been obtained;
c. After giving effect to Section 2 of this Agreement, instruments and documents requested by Agent to effectuate and implement the terms hereof and the Existing Loan Documents.no Default or Event of Default exists;
Appears in 1 contract
Effectiveness Conditions. This Amendment shall be effective upon the completion of the following conditions precedent (all agreements, documents and instruments to be in form and substance satisfactory to Agent and Agent’s counsel):
(a) Execution and delivery to Agent by Borrower, Guarantors Borrowers and Lenders of this Amendment to AgentAmendment;
(b) Payment by Borrower to Agent of the Amendment Fee in immediately available funds;
(c) Execution and/or delivery by the parties of all other agreements, instruments and documents reasonably requested by Agent to effectuate and implement the terms hereof and the Existing Loan Credit Documents.
Appears in 1 contract
Effectiveness Conditions. This Amendment shall be effective upon the satisfaction and completion of the following conditions precedent (all agreements, documents and instruments to be in form and substance satisfactory to Agent and Agent’s counsel):
(a) Execution and delivery by Borrower, Guarantors and Lenders Agent shall have received an executed original of this Amendment to Agent;Amendment; and
(b) Execution and/or delivery Agent shall have received all fees which are payable to Agent or to the Lenders as required by the parties of all other agreementsLoan Agreement, instruments this Amendment or any fee letter entered into by Borrowers and documents requested by Agent to effectuate and implement the terms hereof and the Existing Loan DocumentsAgent.
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Security Agreement (Radnor Holdings Corp)
Effectiveness Conditions. This Amendment shall be effective upon the completion of the following conditions precedent (all agreements, documents and instruments to be in form and substance reasonably satisfactory to Agent and Agent’s counselLenders and their counsel in their sole discretion):
(a) Execution and delivery by Borrower, Guarantors and Lenders to Agent of this Amendment to Agentby all required parties;
(b) Execution and/or delivery by the parties no Default or Event of all other agreements, instruments Default shall have occurred and documents requested by Agent to effectuate and implement the terms hereof and remain outstanding under the Existing Loan Documents; and
(c) Payment of all costs and expenses of Agent as provided for in Section 8 below.
Appears in 1 contract
Samples: Loan and Security Agreement (Gentiva Health Services Inc)
Effectiveness Conditions. This Amendment shall be effective upon the completion of the following conditions precedent (all agreements, documents and instruments to be in form and substance satisfactory to Agent and Agent’s counsel):
(a) Execution and delivery by Borrower, Guarantors and Lenders of this Amendment to Agent;
(b) Payment by Borrower to Agent in immediately available funds of a fully earned and non-refundable amendment fee in the amount of $10,000;
(c) Execution and/or delivery by the parties of all other agreements, instruments and documents requested by Agent to effectuate and implement the terms hereof and the Existing Loan Documents.
Appears in 1 contract
Samples: Loan and Security Agreement (1st FRANKLIN FINANCIAL CORP)
Effectiveness Conditions. This Amendment shall be effective upon the completion of the following conditions precedent (all agreements, documents and instruments to be in form and substance reasonably satisfactory to Agent and Agent’s counselLenders and their counsel in their sole discretion):
(a) Execution and delivery to Agent by Borrower, Guarantors and Lenders all required signatories of this Amendment to AgentAmendment;
(b) Execution and/or delivery by No Default or Event of Default shall have occurred and remain outstanding under the parties Loan Documents;
c) Payment of all other agreements, instruments costs and documents requested by expenses of Agent to effectuate and implement the terms hereof and the Existing Loan Documentsas provided for in Section 8 below.
Appears in 1 contract
Samples: Fourth Amendment and Consent Agreement (Gentiva Health Services Inc)
Effectiveness Conditions. This Amendment shall be effective upon the completion of the following conditions precedent (all agreements, documents and instruments to be in form and substance satisfactory to Agent and Agent’s 's counsel):
(a) a. Execution and delivery by Borrower, Guarantors Company and Lenders of this Amendment to Agent;; and
(b) b. Execution and/or delivery by the parties of all other agreements, instruments and documents requested by Agent to effectuate and implement the terms hereof and the Existing Loan Documents.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (First Franklin Financial Corp)
Effectiveness Conditions. This Amendment shall be become effective upon the completion satisfactory completion, as determined by Agent in its discretion, of the following conditions precedent ("Effectiveness Conditions") (all agreements, documents and instruments to be in form and substance satisfactory to Agent and Agent’s counsel):
(a) Execution and delivery by Borrower, Guarantors and Lenders of this Amendment to Agent;
(b) Execution and/or delivery by the parties of all other agreements, instruments and documents requested by Agent to effectuate and implement the terms hereof and the Existing Loan Documents.
Appears in 1 contract
Effectiveness Conditions. This Amendment shall be effective upon the completion of the following conditions precedent (all agreements, documents and instruments to be in form and substance satisfactory to Agent and Agent’s 's counsel):
(a) Execution and delivery to Agent by Borrower, Guarantors Borrowers and Lenders CompuCredit of this Amendment to Agent;Amendment.
(b) Execution and/or delivery Payment by Borrowers to the parties Agent of all other agreements, instruments and documents requested by Agent to effectuate and implement the terms hereof and the Existing Loan DocumentsAmendment Fee.
Appears in 1 contract
Samples: Loan and Security Agreement (Atlanticus Holdings Corp)
Effectiveness Conditions. This Amendment shall be effective upon the completion of the following conditions precedent (all agreements, documents and instruments to be in form and substance reasonably satisfactory to Agent and Agent’s counsel):
(a) Execution and delivery by Borrower, Guarantors and Lenders to Agent of this Amendment to Agent;by Xxxxxxxx and Xxxxxxx.
(b) Execution and/or and delivery by to Agent of such other documents and certificates (including Organizational Documents and good standing certificates) as Agent may reasonably request relating to the parties organization, existence and good standing of all Borrower and any other agreementslegal matters relating to Borrower, instruments and documents requested by Agent to effectuate and implement the terms hereof and Loan Documents or the Existing Loan Documentstransactions contemplated thereby.
Appears in 1 contract
Samples: Credit Agreement (SWK Holdings Corp)
Effectiveness Conditions. This Amendment shall be effective upon the completion satisfaction of the following conditions precedent (as determined in Agent's sole discretion and all agreements, documents and instruments to be in form and substance satisfactory to Agent and Agent’s 's counsel):
(a) Execution by Borrowers and Lenders and delivery by Borrower, Guarantors and Lenders to Agent of this Amendment to AgentAmendment;
(b) Execution and/or delivery by the parties No Default or Event of all other agreements, instruments and documents requested by Agent to effectuate and implement the terms hereof and Default shall have occurred under the Existing Loan Documents; and
(c) Such other documents, instruments and agreements which Agent requests (in its sole and absolute discretion).
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Bentley Systems Inc)
Effectiveness Conditions. This Amendment shall be effective upon the completion of the following conditions precedent (all agreements, documents and instruments to be in form and substance satisfactory to Agent and Agent’s counsel):
(a) Execution and delivery by Borrower, Guarantors and Lenders of this Amendment to AgentAmendment;
(b) Execution and/or delivery by the parties Payment of all other agreementsoutstanding costs, fees and expenses associated with this Amendment, including without limitation, the costs, fees and expenses required under Section 6 hereof; and
(c) Such additional documents, instruments and documents requested by agreements as Agent to effectuate and implement the terms hereof and the Existing Loan Documentsshall request.
Appears in 1 contract
Effectiveness Conditions. This Amendment shall be effective as of the date set forth in the preamble hereto upon the completion of the following conditions precedent (all agreements, documents and instruments to be in form and substance satisfactory to Agent Investor and AgentInvestor’s counsel):); and
(a) Execution and delivery by Borrower, Guarantors and Lenders due execution of this Amendment by each party hereto and delivery of same by the Company and each Guarantor to the Agent;; and
(b) Execution and/or due execution and delivery by the parties Company and each Guarantor of all other agreements, instruments and documents requested by Agent the Investors to effectuate and implement the terms hereof and the Existing Loan Documents.
Appears in 1 contract
Samples: Consent and Omnibus Amendment to Secured Term Notes (Implant Sciences Corp)
Effectiveness Conditions. This Amendment shall be effective upon the completion of the following conditions precedent (all agreements, documents and instruments to be in form and substance satisfactory to Agent and Agent’s counsel):
(a) Execution and delivery to Agent by Borrower, Guarantors Borrowers and Lenders Atlanticus of this Amendment to Agent;Amendment.
(b) Execution and/or delivery Payment by Borrowers to the parties Agent of all other agreements, instruments and documents requested by Agent to effectuate and implement the terms hereof and the Existing Loan DocumentsAmendment Fee.
Appears in 1 contract
Samples: Loan and Security Agreement (Atlanticus Holdings Corp)
Effectiveness Conditions. This Amendment shall be effective upon the satisfaction and completion of the following conditions precedent (all agreements, documents and instruments to be in form and substance satisfactory to Agent and Agent’s counsel):
(a) Execution and delivery by Borrower, Guarantors and Lenders Agent shall have received an executed original of this Amendment to Agent;Amendment; and
(b) Execution and/or delivery Agent shall have received on or before the date of this Amendment all fees which are payable to Agent or to the Lenders as required by the parties of all other agreementsLoan Agreement, instruments this Amendment or any fee letter entered into by Borrowers and documents requested by Agent to effectuate and implement the terms hereof and the Existing Loan DocumentsAgent.
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Security Agreement (Radnor Holdings Corp)
Effectiveness Conditions. This Amendment shall be effective upon the completion of the following conditions precedent (all agreements, documents and instruments to be in form and substance satisfactory to Agent and Agent’s counsel):
(a) Execution and delivery to Agent by Borrower, Guarantors Borrowers and Lenders of this Amendment to AgentAmendment;
(b) Execution and/or delivery by the parties of all other agreements, instruments and documents requested by Agent to effectuate and implement the terms hereof and the Existing Loan Documents.
Appears in 1 contract
Effectiveness Conditions. This Amendment shall be effective upon the completion of the following conditions precedent (all agreements, documents and instruments to be in form and substance satisfactory to Agent and Agent’s counsel):
(a) Execution and delivery by Borrower, Guarantors and Lenders of this Amendment to Agent;
(b) Execution and/or delivery by the parties of all other agreements, instruments and documents requested by Agent to effectuate and implement the terms hereof and the Existing Loan Documents.
Appears in 1 contract
Samples: Loan and Security Agreement (1st FRANKLIN FINANCIAL CORP)
Effectiveness Conditions. This Amendment shall be effective upon the completion of the following conditions precedent (all agreements, documents and instruments to be in form and substance satisfactory to Agent and Agent’s 's counsel):
(a) Execution and delivery by Borrower, Guarantors and Lenders to Agent of this Amendment to Agent;Amendment; and
(b) Execution and/or and delivery by the parties of all other agreementsdocuments, agreement and instruments and documents requested required by Agent to effectuate and implement the terms hereof and the Existing Loan Documentsin connection herewith.
Appears in 1 contract
Effectiveness Conditions. This Amendment shall be effective upon the completion of the following conditions precedent (all agreements, documents and instruments to be in form and substance reasonably satisfactory to Agent and Agent’s counsel):
(a) Execution and delivery by Borrower, Guarantors and Lenders to Agent of this Amendment to Agent;by Bxxxxxxx and Lxxxxxx.
(b) Execution and/or and delivery by to Agent of such other documents and certificates (including Organizational Documents and good standing certificates) as Agent may reasonably request relating to the parties organization, existence and good standing of all Borrower and any other agreementslegal matters relating to Borrower, instruments and documents requested by Agent to effectuate and implement the terms hereof and Loan Documents or the Existing Loan Documentstransactions contemplated thereby.
Appears in 1 contract
Samples: Credit Agreement (SWK Holdings Corp)
Effectiveness Conditions. This Amendment shall be effective upon the completion of the following conditions precedent (all agreements, documents and instruments to be in form and substance satisfactory to Agent and Agent’s counsel):
(a) Execution and delivery by Borrower, Guarantors and Lenders of this Amendment to Agent;
(b) Execution and/or delivery by the parties of all other agreements, instruments and documents requested by Agent to effectuate and implement the terms hereof and the Existing Loan Credit Documents.
Appears in 1 contract
Samples: Loan and Security Agreement (1st FRANKLIN FINANCIAL CORP)
Effectiveness Conditions. This Amendment shall be become effective upon the completion satisfactory completion, as determined by Agent in its discretion, of the following conditions precedent ("Effectiveness Conditions") (all agreements, documents and instruments to be in form and substance satisfactory to Agent and Agent’s counsel):
(a) a. Execution and delivery by Borrower, Guarantors and Lenders all parties of this Amendment to AgentAmendment;
(b) Execution and/or delivery by the parties b. Delivery of all consents and approvals of the boards of directors, shareholders and other agreements, instruments applicable third parties necessary in connection with this transaction shall have been obtained;
c. Receipt of a true and documents requested by Agent to effectuate and implement correct copy of the terms hereof and the Existing Loan Documents.Pearson Contract; and
Appears in 1 contract
Effectiveness Conditions. This Amendment shall be effective upon the completion of the following conditions precedent (all agreements, documents and instruments to be in form and substance satisfactory to Agent and Agent’s counsel):
(a) Execution and delivery to Agent by Borrower, Guarantors Borrowers and Lenders of this Amendment to AgentAmendment;
(b) Payment to Agent, for the benefit of Lender, by Borrowers of a non-refundable and fully earned amendment fee in the amount of $25,000 (“Amendment Fee”) in immediately available funds; and
(c) Execution and/or delivery by the parties of all other agreements, instruments and documents reasonably requested by Agent to effectuate and implement the terms hereof and the Existing Loan Credit Documents.
Appears in 1 contract
Effectiveness Conditions. This Amendment shall be effective upon the completion of the following conditions precedent (all agreements, documents and instruments to be in form and substance satisfactory to Agent and Agent’s counsel):
(a) Execution and delivery to Agent by Borrower, Guarantors Borrowers and Lenders of this Amendment to AgentAmendment;
(b) Payment to Agent, for the benefit of Lender, by Borrowers of a non-refundable and fully earned amendment fee in the amount of $10,000 (“Amendment Fee”) in immediately available funds; and
(c) Execution and/or delivery by the parties of all other agreements, instruments and documents reasonably requested by Agent to effectuate and implement the terms hereof and the Existing Loan Credit Documents.
Appears in 1 contract
Effectiveness Conditions. This Amendment shall be effective upon the completion of the following conditions precedent (all agreements, documents and instruments to be in form and substance reasonably satisfactory to Agent and Agent’s counselLenders and their counsel in their sole discretion):
(a) Execution and delivery to Agent by Borrower, Guarantors and Lenders all signatories of this Amendment to AgentAmendment;
(b) Execution and/or delivery by the parties No Default or Event of all other agreements, instruments Default shall have occurred and documents requested by Agent to effectuate and implement the terms hereof and remain outstanding under the Existing Loan Documents;
c) Payment of the Consent Fee provided for in Section 5(a) below; and
d) Payment of all costs and expenses of Agent as provided for in Section 10 below.
Appears in 1 contract
Effectiveness Conditions. This Amendment shall be effective upon the completion of the following conditions precedent (all agreements, documents and instruments to be in form and substance satisfactory to Agent and Agent’s counsel):
(a) Execution and delivery by Borrower, Guarantors and Lenders of this Amendment to AgentAmendment;
(b) Execution and/or delivery by the parties Payment of all other agreementsoutstanding costs, fees and expenses associated with this Amendment, including without limitation, the costs, fees and expenses required under Section 5 hereof; and
(c) Such additional documents, instruments and documents requested by agreements as Agent to effectuate and implement the terms hereof and the Existing Loan Documentsshall request.
Appears in 1 contract
Effectiveness Conditions. This Amendment shall be effective ------------------------ upon the completion of the following conditions precedent (all agreements, documents and instruments to be in form and substance satisfactory to Agent and Agent’s 's counsel):
(a) Execution by each Borrower and delivery by Borrower, Guarantors and Lenders to Agent of this Amendment to Agent;Amendment; and
(b) Execution and/or delivery by the parties No Potential Default or Event of all other agreements, instruments and documents requested by Agent to effectuate and implement the terms hereof and Default shall have occurred under the Existing Loan DocumentsFinancing Agreements.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Radnor Holdings Corp)