Effectiveness of First Amendment Sample Clauses

Effectiveness of First Amendment. This First Amendment shall become effective upon its execution and delivery by the Company, the Lenders and the Agent and satisfaction of the following conditions:

Effectiveness of First Amendment. This First Amendment shall be deemed effective on the first date (the "EFFECTIVE DATE") upon which each of the following conditions has occurred, each of which shall be deemed a condition precedent to the Landlord's obligations and covenants hereunder: (a) Landlord has obtained all consents and approvals from its mortgage lender in connection with this First Amendment that Landlord deems necessary to comply with the terms and conditions of the mortgage loan secured by the Premises, provided that Landlord shall either (i) elect in its sole and absolute discretion to waive this condition, or (ii) obtain all such consents and approvals, in either case on or before September 24, 2003; (b) All conditions precedent to the effectiveness of this First Amendment as set forth in that certain Stipulation between the parties dated as of September __, 2003 (the "STIPULATION") shall have been satisfied in accordance with the Stipulation, and Guarantor and Tenant shall have performed all covenants, conditions and undertakings and satisfied all other requirements binding on them under the Stipulation in accordance with the Stipulation; (c) No Events of Default or other defaults or breaches of the Lease Documents or the Guaranty Documents, other than the August 2003 Events of Defaults (as defined in the Stipulation) shall have occurred and be continuing; and (i) the Transfer shall have been consummated and closed in accordance with the Plan, (ii) the Lease Documents and the Guaranty Documents shall continue to be and shall be the valid and binding obligations of Tenant and the Surviving Entity, respectively, and shall continue to be and shall be in full force and effect, enforceable in accordance with their respective terms by Landlord against Tenant and the Surviving Entity, respectively, and (iii) the claims of Landlord shall have been treated as impaired, with the consent of and in accordance with the consent given by Landlord and with the Plan.

Effectiveness of First Amendment. This First Amendment shall become effective upon the execution and delivery to the Domestic Agent of counterparts hereof (whether originals or facsimile transmissions thereof) on behalf of Interface, the Co- Agents, and the Lenders.

Effectiveness of First Amendment. This First Amendment shall become effective upon its execution and delivery by the Borrower and the Lender and receipt by the Lender of evidence satisfactory to the Lender that The Northern Trust Company has extended the maturity date of the Other Bank Agreement to a date no sooner than October 13, 2004.

Effectiveness of First Amendment. This First Amendment shall not be effective until executed by both Purchaser and Seller.

Effectiveness of First Amendment. If all of the conditions set forth in this Part III shall have been satisfied, this Amendment shall automatically be and become effective simultaneously with the closing of the offering by the Borrower of the 2007 Convertible Notes. The closing of the offering by the Borrower of the 2007 Convertible Notes shall be deemed for purposes of this Amendment to occur upon the execution by the Borrower of the 2007 Convertible Notes and the authentication of the 2007 Convertible Notes by the applicable trustee. Following the First Amendment Effective Date (as defined in the Amended Credit Agreement) this Amendment shall be known, and may be referred to, as “Amendment No. 1.”

Effectiveness of First Amendment. The First Amendment shall not become effective until all of the following conditions and requirements have been satisfied and performed: (a) The Borrower shall have furnished to the Agent the following, all in form and substance satisfactory to the Agent and the Lenders, with sufficient copies for the Lenders: (i) Copies of the articles or certificate of incorporation, certificate of limited partnership, articles of organization, or similar organizational documents of each Loan Party (including, without limitation, each 1998 Subsidiary), together with all amendments thereto, and a certificate of good standing, each certified by the appropriate governmental officer in its jurisdiction of organization for such Loan Party. (ii) Copies, certified by its Secretary or Assistant Secretary or similar representative, of each Loan Party's (including, without limitation, each 1998 Subsidiary's) by-laws, partnership agreement, operating or management agreement, or similar organizational documents, and resolutions of its board of directors, managers, or similar officials, authorizing the execution of the First Amendment Credit Documents to which each such Loan Party is a party. (iii) An incumbency certificate, executed by the Secretary or Assistant Secretary or similar representative of each Loan Party (including, without limitation, each 1998 Subsidiary), which shall identify by name and title and bear the signatures of the authorized officers and any other representative of such Loan Party authorized to sign the First Amendment Credit Documents to which such Loan Party is a party, upon which certificate the Agent and the Lenders shall be entitled to rely until informed of any change in writing by such Loan Party. (iv) A certificate, signed by the Chief Financial Officer of the Borrower, stating that on the First Amendment Effective Date (A) no Default or Unmatured Default has occurred and is continuing, (B) the representations and warranties set forth in the First Amendment and the other First Amendment Credit Documents are true and correct in all material respects, and (C) all conditions and requirements set forth in this Article IV have been satisfied and performed or waived in writing by the Required Lenders. (v) A written opinion of counsel for the Loan Parties (including, without limitation, the 1998 Subsidiaries), addressed to the Lenders in substantially the form of Exhibit K attached to the First Amendment. (vi) Any Notes requested by Lenders pursuant to Sect...

Effectiveness of First Amendment. This First Amendment shall be deemed effective on the first date (the "EFFECTIVE DATE") upon which each of the following conditions has occurred, each of which shall be deemed a condition precedent to the Landlord's obligations and covenants hereunder: (A) All conditions to the effectiveness of the JER/NHP Amendments have been satisfied and the Transfer shall have been consummated and closed in accordance with the Plan; (B) the Lease Documents shall continue to be and shall be the valid and binding obligations of the Surviving Entity and shall continue to be and shall be in full force and effect, enforceable in accordance with their respective terms by Landlord against the Surviving Entity; and (C) the claims of Landlord shall have been treated as unimpaired in accordance with the Plan.

Effectiveness of First Amendment a. This First Amendment, and any other documents required by this First Amendment (collectively, the "First Amendment Documents"), will be executed by Borrower, Lenders, Agent, and Guarantors on or about October 1, 1997. The originals of the First Amendment Documents shall be retained by Agent in escrow until such time, if any, as all conditions precedent for their effectiveness (as set forth in Paragraph 3 of this First Amendment) shall have been satisfied or shall have been waived by Lenders. If such conditions precedent shall occur, Agent will release the First Amendment Documents from escrow, the First Amendment Documents shall immediately become effective, and the First Amendment Closing Date shall be the date such documents are released from escrow. In determining whether the conditions precedent have been fulfilled, Agent shall be entitled to rely on the representations of Borrower. Until such time, if any, as the First Amendment Documents shall be released from escrow, such documents shall not have been delivered and shall be of no legal force or effect. b. If the First Amendment Closing Date shall not have occurred by December 31, 1997 (the "First Amendment Expiration Date"), then Agent shall not release the First Amendment Documents from escrow and shall, unless instructed otherwise by Lenders, destroy the First Amendment Documents. Notwithstanding the foregoing, the First Amendment Expiration Date may be extended one or more times by written consent of Agent, each Lender, and Borrower.

Effectiveness of First Amendment. This First Amendment shall become effective pursuant to Section 9.01 of the Credit Agreement upon the satisfaction of the following in a manner acceptable to the Agent: (a) the execution of this First Amendment by the Borrower, the Majority Banks and the Agent; and (b) the execution of the Consent and Agreement attached hereto (the "Subsidiary Consent") by each of the Guarantors.