Effectiveness of Fifth Amendment. Each of the conditions set forth in Part 5 of that certain Fifth Amendment to Amended and Restated Credit Agreement and Temporary Waiver Agreement, dated as of even date herewith, among ACG, ACG Holdings, Inc., Bank of America, N.A. as administrative agent (“Agent”), and the lenders named therein (the “ACG Lenders”) shall have been satisfied in the determination of the Agent and the ACG Lenders (or satisfaction thereof has been waived by the Agent and the ACG Lenders) in accordance with the terms thereof.
Effectiveness of Fifth Amendment. This Fifth Amendment shall become effective upon its execution and delivery by the Company and the Bank, and the satisfaction of the following conditions:
Effectiveness of Fifth Amendment. Notwithstanding anything in this Fifth Amendment to the contrary, Tenant shall have the right, on Tenant’s sole discretion, within five (5) business days following the full execution and delivery of this Fifth Amendment from Tenant to Landlord to withdraw Tenant’s delivery of this Fifth Amendment, by written notice from Tenant to Landlord (the “Withdrawal Notice”). Upon Landlord’s receipt of the Withdrawal Notice, this Fifth Amendment shall be null and void and of no further force or effect, and Tenant shall immediately return to Landlord any and all sums paid by Landlord to Tenant pursuant to the terms of this Fifth Amendment.
Effectiveness of Fifth Amendment. As of the date hereof, the Danka Parties anticipate that the DSI Sale (as defined in the Fifth Amendment) will not occur on or before July 15, 1999. As a result thereof, the Danka Parties and the Banks desire to retain certain provisions of the Fifth Amendment and eliminate or modify certain other provisions of the Fifth Amendment. In order to provide a clear statement of the parties' intention, as of the effectiveness of this Sixth Amendment, all of the provisions of the Fifth Amendment shall be terminated and of no further force and effect (except to the extent that an identical provision is included in this Sixth Amendment, which identical provision shall thereupon become the effective provision); provided, however, that nothing contained herein shall adversely affect any actions taken under the Fifth Amendment prior to the effectiveness of this Sixth Amendment, including, without limitation, the payment of any fees pursuant to the first sentence of Section 5 of the Fifth Amendment.
Effectiveness of Fifth Amendment. This Fifth Amendment shall be effective on the date upon which each of the following conditions precedent has been satisfied.
Effectiveness of Fifth Amendment. This Fifth Amendment shall become effective upon (i) the execution and delivery to the Domestic Agent of counterparts hereof (whether originals or facsimile transmissions thereof) on behalf of each of the Borrowers, the Co-Agents, and the Lenders, (ii) the execution and delivery to the Domestic Agent of the documents described in Section 3 of this Third Amendment, and (iii) the execution and delivery to the Domestic Agent of a certificate from an officer of Interface confirming to the Lenders and the Co-Agents that (x) each of the 1996 Reorganization Transactions has been consummated consistent with the description thereof as set forth in Schedule 1.01 attached to this Fifth Amendment, and (y) after giving effect to the 1996 Reorganization Transactions and this Fifth Amendment, no Default or Event of Default has occurred and is continuing, and the representations and warranties set forth in Section 9 are true and correct as of such date.
