Effectiveness of Second Amendment Sample Clauses

Effectiveness of Second Amendment. Upon the execution and delivery of this Second Amendment, the Agreement will thereupon be deemed to be amended as hereinabove set forth as fully and with the same effect as if the amendments made hereby were originally set forth in the Agreement, and this Second Amendment and the Agreement will henceforth respectively be read, taken and construed as one and the same instrument.

Effectiveness of Second Amendment. This Second Amendment shall become effective upon its execution and delivery by the Company, the Lenders and the Agent.

Effectiveness of Second Amendment. This Second Amendment shall be effective upon the date first written above; provided, however, that the Sponsor Affiliate Addition and the amendments to the Agreements contemplated herein shall be expressly considered to be ratified, effective, authorized and approved as of the date the contemplated sale/leaseback financing arrangement between Assignee and STORE shall become effective. [signatures on following page]

Effectiveness of Second Amendment. The Second Amendment is effective pursuant to the terms thereof on or prior to the effectiveness of the date hereof.

Effectiveness of Second Amendment. Notwithstanding the provisions of Section II of the Second Amendment that provide for all amendments set forth in the Second Amendment to become effective on the “Second Amendment Effective Date” (as defined in the Second Amendment), effective as of the Third Amendment Effective Date the Credit Agreement is hereby amended as shown in the Amended Credit Agreement attached hereto as Exhibit A; provided that if the Acquisition Agreement (as defined in the Second Amendment) is validly terminated in accordance with its terms without the Parent Acquisition having been consummated, the following amendments set forth in the Amended Credit Agreement and as reflected in the Second Amendment shall no longer be effective and shall be removed from the Amended Credit Agreement in all respects: (a) Section 1.1(A) of the Second Amendment to add the following defined terms to Section 1.01 of the Credit Agreement (as defined in the Second Amendment): “Acquisition,” “Acquisition Closing Date,” “Bridge Financing,” “Existing Senior Notes,” “Sponsor,” and “Sponsor Affiliates;” (b) Section 1.1(E) of the Second Amendment; (c) Section 1.1(F) of the Second Amendment; and (d) Section 1.3(A), (B), (C) (but only with respect to the reference to the Bridge Financing (as defined in the Second Amendment)) and (D).

Effectiveness of Second Amendment. The effectiveness of this Second Amendment is subject to the satisfaction of each of the following conditions (the date of the satisfaction of all such conditions, the “Second Amendment Effective Date”): (a) The Administrative Agent (or its counsel) shall have received from the Borrowers and the Lenders comprising the Required Lenders, a counterpart of this Second Amendment signed on behalf of such party; (b) The representations and warranties of the Borrowers set forth in the Credit Agreement shall be true and correct in all material respects on and as of the date hereof, except that such representations and warranties (i) that relate solely to an earlier date shall be true and correct as of such earlier date and (ii) shall be true and correct in all respects if they are qualified by a materiality standard; (c) On the date hereof and immediately after giving effect to this Second Amendment, no Default shall have occurred and be continuing; and (d) The Borrowers shall have paid, or caused to be paid to the Administrative Agent all amounts due and payable under or in connection with this Second Amendment, including without limitation, to the extent invoices have been presented with respect thereto, all reasonable and documented out-of-pocket expenses required to be reimbursed or paid by the Borrowers in connection herewith (including the reasonable fees and expenses of legal counsel).

Effectiveness of Second Amendment. Notwithstanding that the delivery of Seller’s closing deliverables pursuant to Section 6 may occur concurrently with payment of the Cash Consideration pursuant to Section 7, the Second Amendment shall be deemed to be effective immediately prior to the effectiveness of the Loan Assignment.

Effectiveness of Second Amendment. This Second Amendment shall not become effective until consented to in writing by Landlord's lender, BankOZK (formerly known as Bank of the Ozarks). fbalance of page is intentionally blank; signature page follows on next page] 4810S105-6145v2 SSCORDELIS\NEW..NEW..

Effectiveness of Second Amendment. This Second Amendment, together with the Stock Purchase Agreement, as amended by the First Amendment to the Stock Purchase Agreement dated June 30, 2003 ("First Amendment")(including without limitation all exhibits, schedules and appendices thereto) constitutes the entire agreement between the parties, and supersedes all prior agreements and understandings, both written and oral, among the parties with respect to the subject matter of this Second Amendment. Except as expressly provided in this Second Amendment, all other terms and conditions of the Stock Purchase Agreement, including all exhibits, schedules and appendices thereto, and the First Amendment remain in full force and effect and are not amended or modified in any respect.