Common use of Effectiveness of Amendments Clause in Contracts

Effectiveness of Amendments. The amendments contained in this Amendment shall be deemed to be effective as of March 30, 2007 (the “Effective Date”) upon execution by the Borrower and Lenders and upon receipt by the Agent of the following: (a) This Amendment and a Note in the principal amount of each Lender’s Commitment Amount from the Borrower to each such Lender substantially in the form of Exhibit A to the Credit Agreement (together with this Amendment, the “Amendment Documents”); and (b) A copy of the resolutions of the Board of Directors of the General Partner of the Borrower authorizing the execution, delivery and performance of this Amendment and the Notes certified as true and accurate by its Secretary or Assistant Secretary, along with a certification by such Secretary or Assistant Secretary (i) certifying that there has been no amendment to the Articles of Organization or operating agreement of the Borrower since true and accurate copies of the same were delivered to the Lender with a certificate of the Secretary of the Borrower dated April 7, 2006, and (ii) identifying each officer of the general partner of the Borrower authorized to execute this Amendment, the Notes and any other instrument or agreement executed by the Borrower in connection with this Amendment, and certifying as to specimens of such officer’s signature and such officer’s incumbency in such offices as such officer holds.

Appears in 1 contract

Samples: Credit Agreement (Horton D R Inc /De/)

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Effectiveness of Amendments. The amendments contained in this Amendment shall be deemed to be become effective as of March 30, 2007 (the “Effective Date”) upon execution delivery by the Borrower of, and Lenders and upon receipt compliance by the Agent of Borrower with, the following: (a) 3.1 This Amendment and a Note in duly executed by the principal amount of each Lender’s Commitment Amount from the Borrower to each such Lender substantially in the form of Exhibit A to the Credit Agreement (together with this Amendment, the “Amendment Documents”); andBorrower. (b) 3.2 A copy of the resolutions of the Board board of Directors of the General Partner directors of the Borrower authorizing the execution, delivery delivery, and performance of this Amendment and the Notes certified as true and accurate by its Secretary the Borrower’s secretary or Assistant Secretaryassistant secretary, along with a certification by such Secretary secretary or Assistant Secretary assistant secretary (i) certifying that there has been no amendment to the Articles articles of Organization incorporation or operating agreement bylaws of the Borrower since true and accurate copies of the same were delivered to the Lender Bank with a certificate of the Secretary secretary of the Borrower dated April 7December 9, 20062009, and (ii) identifying as to each officer of the general partner of the Borrower authorized to execute this Amendment, the Notes Amendment and any other instrument or agreement executed by the Borrower in connection with this AmendmentAmendment (collectively, the “Amendment Documents”), and certifying as to specimens of such officer’s signature and such officer’s incumbency in such offices as such officer holds. 3.3 Certified copies of all documents evidencing any necessary corporate action, consent, or governmental or regulatory approval (if any) with respect to this Amendment. 3.4 A consent by the Guarantor in the form of Exhibit B hereto, duly executed by the Guarantor.

Appears in 1 contract

Samples: Credit Agreement (Electromed, Inc.)

Effectiveness of Amendments. The amendments amendment contained in this Amendment shall be deemed to be become effective as of March 30, 2007 (the “Effective Date”) upon execution delivery by the Borrower to the Agent of, and Lenders and upon receipt compliance by the Agent of Borrower with, the following: (a) 3.1 This Amendment and a new Note in the principal amount favor of each LenderBank (except the Exiting Bank) reflecting each Bank’s new Commitment Amount from duly executed by the Borrower to each such Lender substantially in the form of Exhibit A and, as to the Credit Agreement (together with this Amendment, the “Amendment Documents”); andBanks. (b) 3.2 A copy certificate of the resolutions of the Board of Directors of the General Partner of the Borrower authorizing the execution, delivery and performance of this Amendment and the Notes certified as true and accurate by its Secretary or Assistant Secretary, along with a certification by such Secretary or Assistant Secretary of the Borrower (i1) certifying that there has been no amendment to the Articles of Organization Incorporation or operating agreement Bylaws of the Borrower since true and accurate copies of the same were last delivered to the Lender Agent with a certificate certificates of the Secretary or Assistant Secretary of the Borrower dated April 7, 2006Borrower, and (ii) identifying each officer confirming that a resolution of the general partner Board of Directors of the Borrower authorizes the execution, delivery and performance of this Amendment and any other documents executed in connection herewith including the new Notes in favor of the Banks (the “Amendment Documents”), and identifying the officers of the Borrower authorized to execute this Amendment, sign the Notes and any Amendment Documents. 3.3 The Borrower shall have satisfied such other instrument or agreement executed conditions as specified by the Borrower Agent, including payment of all unpaid legal fees and expenses incurred by the Agent through the date of this Amendment in connection with this Amendment, the Credit Agreement and certifying as to specimens of such officer’s signature and such officer’s incumbency in such offices as such officer holdsthe Amendment Documents.

Appears in 1 contract

Samples: Warehousing Credit Agreement (MDC Holdings Inc)

Effectiveness of Amendments. The amendments contained in this Amendment shall be deemed to be become effective as of March 30, 2007 (the “Effective Date”) upon execution delivery by the Borrower of, and Lenders and upon receipt compliance by the Agent of Borrower with, the following: (a) 3.1 This Amendment and a Note in duly executed by the principal amount of each Lender’s Commitment Amount from the Borrower to each such Lender substantially in the form of Exhibit A to the Credit Agreement (together with this Amendment, the “Amendment Documents”); andBorrower. (b) 3.2 A copy of the resolutions of the Board of Directors of the General Partner of the Borrower authorizing the execution, delivery and performance of this Amendment and the Notes certified as true and accurate by its Secretary or Assistant Secretary, along with a certification by such Secretary or Assistant Secretary (i) certifying that there has been no amendment to the Articles Certificate of Organization Incorporation or operating agreement Bylaws of the Borrower since true and accurate copies of the same were delivered to the Lender Agent with a certificate of the Secretary of the Borrower dated April 7October 30, 20061998, and (ii) identifying each officer of the general partner of the Borrower authorized to execute this Amendment, the Notes Amendment and any other instrument or agreement executed by the Borrower in connection with this AmendmentAmendment (collectively, the "Amendment Documents"), and certifying as to specimens of such officer’s 's signature and such officer’s 's incumbency in such offices as such officer holds. 3.3 Certified copies of all documents evidencing any necessary corporate action, consent or governmental or regulatory approval (if any) with respect to this Amendment. 3.4 The Borrower shall have satisfied such other conditions as specified by the Agent and the Banks, including payment of all unpaid legal fees and expenses incurred by the Agent through the date of this Amendment in connection with the Credit Agreement and the Amendment Documents.

Appears in 1 contract

Samples: Credit Agreement (Marten Transport LTD)

Effectiveness of Amendments. The amendments contained in this Amendment shall be deemed to be become effective as of March 30, 2007 (the “Effective Date”) upon execution delivery by the Borrower of, and Lenders and upon receipt compliance by the Agent of Borrower with, the following: (a) 3.1 This Amendment and a Note in the principal amount of each Lender’s Commitment Amount from the Borrower to each such Lender substantially in the form of Exhibit A to the Credit Agreement (together with this Amendment, duly executed by the “Amendment Documents”); andBorrower. (b) 3.2 A copy of the resolutions of the Board of Directors of the General Partner of the Borrower authorizing the execution, delivery and performance of this Amendment and the Notes certified as true and accurate by its Secretary or Assistant Secretary, along with a certification by such Secretary or Assistant Secretary (i) certifying i)certifying that there has been no amendment to the Articles of Organization Incorporation or operating agreement Bylaws of the Borrower since true and accurate copies of the same were delivered to the Lender with a certificate of the Secretary of the Borrower dated April 7June 27, 20061998, and (ii) identifying each officer of the general partner of the Borrower authorized to execute this Amendment, the Notes Amendment and any other instrument or agreement executed by the Borrower in connection with this Amendment, and certifying as to specimens of such officer’s 's signature and such officer’s 's incumbency in such offices as such officer holds. 3.3 A consent and reaffirmation by the Guarantor. 3.4 The Borrower shall have fully paid the first year's Letter of Credit Fee.

Appears in 1 contract

Samples: Financing Agreement (Tech Squared Inc)

Effectiveness of Amendments. The amendments contained in this Amendment shall be deemed to be become effective as of March 30, 2007 (the “Effective Date”) upon execution delivery by the Borrower of, and Lenders and upon receipt compliance by the Agent of Borrower with, the following: (a) 3.1 This Amendment and a Note in the principal amount of each Lender’s Commitment Amount from the Borrower to each such Lender substantially in the form of Exhibit A to the Credit Agreement (together with this Amendment, duly executed by the “Amendment Documents”); andBorrower. (b) 3.2 A copy of the resolutions of the Board of Directors of the General Partner of the Borrower authorizing the execution, delivery and performance of this Amendment and the Notes certified as true and accurate by its Secretary or Assistant Secretary, along with a certification by such Secretary or Assistant Secretary (i) certifying that there has been no amendment to the Articles of Organization Incorporation or operating agreement Bylaws of the Borrower since true and accurate copies of the same were delivered to the Lender with a certificate of the Secretary of the Borrower dated April 7March 31, 20061997, and (ii) identifying each officer of the general partner of the Borrower authorized to execute this Amendment, the Notes Amendment and any other instrument or agreement executed by the Borrower in connection with this Amendment, and certifying as to specimens of such officer’s 's signature and such officer’s 's incumbency in such offices as such officer holds. 3.3 The Borrower shall have satisfied such other conditions as specified by the Lender or counsel to the Lender, including payment of all unpaid legal fees and expenses incurred by the Lender through the date of this Amendment in connection with the Financing Agreement.

Appears in 1 contract

Samples: Financing Agreement (Recovery Engineering Inc)

Effectiveness of Amendments. The amendments contained in this Amendment shall be deemed to be become effective as of March 30, 2007 (the “Effective Date”) upon execution delivery by the Borrower of, and Lenders and upon receipt compliance by the Agent of Borrower with, the following: (a) 3.1 This Amendment and a the Revolving Note in the principal amount of each Lender’s Commitment Amount from the Borrower to each such Lender substantially in the form of Exhibit A to hereto (the Credit Agreement (together with this Amendment"New Revolving Note"), each duly executed by the “Amendment Documents”); andBorrower. (b) 3.2 A copy of the resolutions of the Board of Directors of the General Partner of the Borrower authorizing the execution, delivery and performance of this Amendment and the Notes New Revolving Note certified as true and accurate by its Secretary or Assistant Secretary, along with a certification by such Secretary or Assistant Secretary (i) certifying that there has been no amendment to the Articles of Organization Incorporation or operating agreement Bylaws of the Borrower since true and accurate copies of the same were last delivered to the Lender with a certificate of the Secretary of the Borrower dated April 7, 2006Lender, and (ii) identifying each officer of the general partner of the Borrower authorized to execute this Amendment, the Notes New Revolving Note and any other instrument or agreement executed by the Borrower in connection with this AmendmentAmendment (collectively, the "Amendment Documents"), and certifying as to specimens of such officer’s 's signature and such officer’s 's incumbency in such offices as such officer holds. 3.3 The Borrower shall have satisfied such other conditions as specified by the Lender, including payment of all unpaid legal fees and expenses incurred by the Lender through the date of this Amendment in connection with the Credit Agreement and the Amendment Documents.

Appears in 1 contract

Samples: Letter Loan Agreement (Ault Inc)

Effectiveness of Amendments. The amendments contained in this Amendment shall be deemed to be become effective as of March 30, 2007 (the “Effective Date”) upon execution delivery by the Borrower of, and Lenders and upon receipt compliance by the Agent of Borrower with, the following: 3.1 This Amendment, duly executed by the Borrower. 3.2 A certificate of the Secretary or Assistant Secretary of the Borrower (a) This Amendment and certifying as to a Note in the principal amount of each Lender’s Commitment Amount from the Borrower to each such Lender substantially in the form of Exhibit A to the Credit Agreement (together with this Amendment, the “Amendment Documents”); and (b) A copy of the resolutions of the Board of Directors of the General Partner of the Borrower authorizing the execution, delivery and performance of this Amendment and the Notes certified as true and accurate by its Secretary or Assistant SecretaryAmendment, along with a certification by such Secretary or Assistant Secretary (ib) certifying that there has been no amendment to the Articles of Organization Incorporation or operating agreement Bylaws of the Borrower since true and accurate copies of the same were delivered to the Lender Agent with a certificate of the Secretary of the Borrower dated April 7September 27, 20061999, and (iic) identifying each officer certifying as to the name, title, and specimen signature of the general partner officer or officers of the Borrower authorized to execute this Amendment, the Notes and any other instrument or agreement executed by the Borrower in connection with this Amendment, . 3.3 Payment of all reasonable unpaid legal fees and certifying other out-of-pocket expenses incurred by the Agent through the date of this Amendment in connection with this Amendment of which the Borrower has been notified as to specimens of such officer’s signature and such officer’s incumbency in such offices as such officer holdsthe date of this Amendment.

Appears in 1 contract

Samples: Credit Agreement (Buca Inc /Mn)

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Effectiveness of Amendments. The amendments contained in this Amendment shall be deemed to be become effective as of March 30, 2007 (the “Effective Date”) upon execution delivery by the Borrower of, and Lenders and upon receipt compliance by the Agent of Borrower with, the following: (a) 3.1 This Amendment and a Note in duly executed by the principal amount of each Lender’s Commitment Amount from the Borrower to each such Lender substantially in the form of Exhibit A to the Credit Agreement (together with this Amendment, the “Amendment Documents”); andBorrower. (b) 3.2 A copy of the resolutions of the Board of Directors of the General Partner of the Borrower authorizing the execution, delivery and performance of this Amendment and the Notes certified as true and accurate by its Secretary or Assistant Secretary, along with a certification by such Secretary or Assistant Secretary (i) certifying that there has been no amendment to the Articles of Organization Incorporation or operating agreement Bylaws of the Borrower since true and accurate copies of the same were delivered to the Lender with a certificate of the Secretary of the Borrower dated April 7October 10, 20062000, and (ii) identifying each officer of the general partner of the Borrower authorized to execute this Amendment, the Notes Amendment and any other instrument or agreement executed by the Borrower in connection with this AmendmentAmendment (collectively, the “Amendment Documents”), and certifying as to specimens of such officer’s signature and such officer’s incumbency in such offices as such officer holds. 3.3 The Borrower shall have satisfied such other conditions as specified by the Lender, including payment of all unpaid legal fees and expenses incurred by the Lender through the date of this Amendment in connection with the Credit Agreement and the Amendment Documents.

Appears in 1 contract

Samples: Credit Agreement (Magstar Technologies Inc)

Effectiveness of Amendments. The amendments contained in this Amendment shall be deemed to be become effective as of March 30, 2007 (the “Effective Date”) upon execution delivery by the Borrower of, and Lenders and upon receipt compliance by the Agent of Borrower with, the following: (a) 4.1 This Amendment and a Note in duly executed by the principal amount of each Lender’s Commitment Amount from the Borrower to each such Lender substantially in the form of Exhibit A to the Credit Agreement (together with this Amendment, the “Amendment Documents”); andBorrower. (b) 4.2 A copy of the resolutions of the Board of Directors of the General Partner of the Borrower authorizing the execution, delivery and performance of this Amendment and the Notes certified as true and accurate by its Secretary or Assistant Secretary, along with a certification by such Secretary or Assistant Secretary (i) certifying that there has been no amendment to the Articles Certificate of Organization Incorporation or operating agreement Bylaws of the Borrower since true and accurate copies of the same were delivered to the Lender with a certificate of the Secretary of the Borrower dated April 7October 30, 20061998, and (ii) identifying each officer of the general partner of the Borrower authorized to execute this Amendment, the Notes Amendment and any other instrument or agreement executed by the Borrower in connection with this AmendmentAmendment (collectively, the "Amendment Documents"), and certifying as to specimens of such officer’s 's signature and such officer’s 's incumbency in such offices as such officer holds. 4.3 The Borrower shall have satisfied such other conditions as specified by the Agent and the Banks, including payment of all unpaid legal fees and expenses incurred by the Agent through the date of this Amendment in connection with the Credit Agreement and the Amendment Documents.

Appears in 1 contract

Samples: Credit Agreement (Marten Transport LTD)

Effectiveness of Amendments. The amendments contained in this Amendment shall be deemed to be become effective as upon delivery of March 30the Lender of, 2007 (the “Effective Date”) upon execution and compliance by the Borrower and Lenders and upon receipt by the Agent of with, the following: (a) 4.1 This Amendment Amendment, duly executed by the Borrower; 4.2 The Amended and a Note in the principal amount of each Lender’s Commitment Amount from the Borrower to each such Lender substantially Restated Term Note, in the form of Exhibit A to hereto, duly executed by the Credit Agreement (together with this Amendment, the “Amendment Documents”); andBorrower; (b) 4.3 A $5,000 waiver fee; 4.4 A copy of the resolutions of the Board of Directors of the General Partner of the Borrower authorizing the execution, delivery and performance of this Amendment and the Notes Amendment, certified as true and accurate correct by its Secretary or Assistant Secretary, along with a certification by such Secretary or Assistant Secretary (i) certifying that there has been no amendment to the Articles articles of Organization incorporation or operating agreement bylaws of the Borrower since true and accurate correct copies of the same were delivered to the Lender with a certificate of the Secretary of the Borrower dated April 7March 31, 20062000, and (ii) identifying each officer of the general partner of the Borrower authorized to execute this Amendment, the Notes and any other instrument or agreement executed by the Borrower in connection with this Amendment, Amendment and certifying as to the specimens of such officer’s 's signature and such officer’s 's incumbency in such offices as such officer holds; and 4.5 The Borrower shall have satisfied such other conditions as specified by the Lender, including payment of all unpaid legal fees and expenses incurred by the Lender through the date of this Amendment in connection with the Credit Agreement and the Amendment Documents.

Appears in 1 contract

Samples: Credit Agreement (RTW Inc /Mn/)

Effectiveness of Amendments. The amendments and --------------------------- modifications contained in this Amendment shall be deemed to be become effective as of March 30, 2007 (the "Effective --------- Date") upon execution delivery by the Borrower of, and Lenders and upon receipt compliance by the Agent of Borrower with, ---- the following: (a) This Amendment and a Note in the principal amount of each Lender’s Commitment Amount from duly executed by the Borrower to each such Lender substantially in and the form of Exhibit A to the Credit Agreement (together with this Amendment, the “Amendment Documents”); andBanks. (b) A copy of the resolutions of the Board of Directors of the General Partner of the Borrower authorizing the execution, delivery and performance of this Amendment and the Notes Amendment, certified as true and accurate by its Secretary or Assistant Secretary, along with a certification by such Secretary or Assistant Secretary (i) certifying that there has been no amendment to the Articles of Organization Incorporation or operating agreement Bylaws of the Borrower since true and accurate copies of the same were delivered to the Lender with a certificate of the Secretary of the Borrower dated April 7August 28, 20062001, 2001, and (ii) identifying each officer of the general partner of the Borrower authorized to execute this Amendment, the Notes and any other instrument or agreement executed by the Borrower in connection with this Amendment, and certifying as to specimens of such officer’s 's signature and such officer’s 's incumbency in such offices as such officer holds. (c) A reaffirmation by each Guarantor of the Guaranty entered into by such Guarantor, in form and substance satisfactory to the Agent. (d) The Borrower shall have satisfied such other conditions as specified by the Banks, including payment of all invoiced legal fees and expenses incurred by the Banks through the date of this Amendment in connection with the Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Buca Inc /Mn)

Effectiveness of Amendments. The amendments amendment contained in this Amendment shall be deemed become effective upon delivery by the Borrower to be effective as of March 30the Agent of, 2007 (and compliance by the “Effective Date”) upon execution Borrower with, the following: 3.1 This Amendment duly executed by the Borrower and Lenders the Required Banks. 3.2 An amended and upon receipt restated Note in the form prescribed by the Agent and in favor of the following: (a) This Amendment and a Note each Bank in the principal amount of each Lender’s its Commitment Amount from the Borrower to each such Lender substantially in the form of Exhibit A to the Credit as increased by this Agreement (together with this Amendmentcollectively, the “Amendment DocumentsNew Notes”); and. (b) 3.3 A copy certificate of the resolutions of the Board of Directors of the General Partner of the Borrower authorizing the execution, delivery and performance of this Amendment and the Notes certified as true and accurate by its Secretary or Assistant Secretary, along with a certification by such Secretary or Assistant Secretary of the Borrower (i) certifying that there has been no amendment to the Articles of Organization Incorporation or operating agreement Bylaws of the Borrower since true and accurate copies of the same were last delivered to the Lender Agent with a certificate certificates of the Secretary of the Borrower dated April 7, 2006Borrower, and (ii) identifying each officer confirming that a resolution of the general partner Board of Directors of the Borrower authorizes the execution, delivery and performance of this Amendment, the New Notes and any other documents executed in connection herewith (the “Amendment Documents”), and identifying the officers of the Borrower authorized to execute this Amendment, sign the Notes and any Amendment Documents. 3.4 The Borrower shall have satisfied such other instrument or agreement executed conditions as specified by the Borrower Agent, including payment of all unpaid legal fees and expenses incurred by the Agent through the date of this Amendment in connection with this Amendment, the Credit Agreement and certifying as to specimens of such officer’s signature and such officer’s incumbency in such offices as such officer holdsthe Amendment Documents.

Appears in 1 contract

Samples: Warehousing Credit Agreement (MDC Holdings Inc)

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