Effectiveness of Certain Agreements. Each of this Agreement, the Notes, the Security Agreement, the Indemnity Agreement and the Warrant Agreements shall have become binding on the parties thereto on the Agreement Effective Date in accordance with Section 13.15, the Agent shall have received the certificate as to financial matters referred to in Section 13.15 and all Uniform Commercial Code Financing Statements required by the Agent or its counsel shall have been filed on or before the Agreement Effective Date.
Effectiveness of Certain Agreements. Each of OMX and FPH acknowledge and agree that each such person is party to the LLC Agreement and that, effective immediately upon the effective time of the Conversion, the LLC Agreement shall be reinstated in full and be binding upon each of BCH, OMX and FPH, in the same capacity for each such entity as contemplated by such LLC Agreement and shall be treated as having been in full force and effect at all times from and after October 29, 2004. Furthermore, each of OMX and FPH acknowledge and agree that they remain bound by that certain Securityholders Agreement, dated as of October 29, 2004, by and among BCH, OMX and FPH and that certain Registration Rights Agreement, dated as of October 29, 2004, by and among BCH, OMX and FPH.
Effectiveness of Certain Agreements. The Registration Rights Agreement is terminated, amended, restated, replaced and superseded by this Agreement effective immediately.
Effectiveness of Certain Agreements. The agreements of Sundance and ENA pursuant to Sections 1, 2, 3, 4, 5, 6, 7, 8 and 17 hereof are subject to and conditioned upon execution of the definitive agreement referred to in Section 16 above, and, in the case of Sections 3, 4, 5, 6, 7, 8 and 17, completion of the Spin-Off. In the event the Spin-Off is not consummated by December 31, 2000, all of such agreements in Sections 1, 2, 3, 4, 5, 6, 7, 8 and 17 shall be of no force and effect. All other agreements of the parties hereto shall be effective upon the execution date of this Agreement, unless expressly provided otherwise herein.
Effectiveness of Certain Agreements. The Articles of Incorporation and By-laws, amended as provided herein shall be in full force and effect and unmodified. The Employment Agreements referred to in Exhibit D and the Registration Rights Agreement referred to in Exhibit B shall be in full force and effect and unmodified.
Effectiveness of Certain Agreements. (i) Each of the Original Agreement, the security agreement and the notes delivered pursuant to the Original Agreement, the Indemnity Agreement and the Warrant Agreements shall have become binding on the parties thereto on the Agreement Effective Date, (ii) each of this Agreement, the Notes, the Security Agreement and Amendment No. 2 to the Warrant Agreements shall have become binding on the parties thereto on the Closing Date and (iii) all Uniform Commercial Code Financing Statements required by the Agent or its counsel shall have been filed on or before the Closing Date.
Effectiveness of Certain Agreements. The Company and Acquiror shall comply in all material respects with their respective obligations under all Related Agreements to which they are a party. The Company shall use its best efforts to cause each officer, employee and shareholder of the Company that is a party to any Related Agreement to comply in all material respects with such person's obligations under such Related Agreement. The Company acknowledges and agrees that any failure by it to so comply with its obligations under any Related Agreement, or by it to use its best efforts to cause each such other person to so comply with such person's obligations under any Related Agreement, shall constitute a material breach of this Agreement by the Company. Acquiror acknowledges and agrees that any failure by it to so comply with its obligations under any Related Agreement shall constitute a material breach of this Agreement by Acquiror.
Effectiveness of Certain Agreements. Each of the Development Environment Loan Agreement between Acquiror and the Company attached hereto as Exhibit F, the Marketing and Distribution Agreement between Acquiror and the Company attached hereto as Exhibit G, the Software License Agreement between Acquiror and the Company attached hereto as Exhibit H, and the Working Capital Line of Credit between Acquiror and the Company attached hereto as Exhibit I, shall remain in full force and effect from and after the date hereof (subject to termination in accordance with each such agreement's respective terms), and neither the Company nor Acquiror shall have materially breached or failed to perform its obligations thereunder. The Company and the Acquiror hereby acknowledge and agree that any such material breach or non-performance by a party shall constitute a material breach of this covenant and this Agreement by such party.
