Effectiveness of this Fifth Amendment. This Fifth Amendment shall become effective as of the date hereof when, and only when, Bank shall have received all of the following, in form and substance satisfactory to Bank:
Effectiveness of this Fifth Amendment. Tenant hereby acknowledges that the Suite 660 Temporary Premises are currently leased to a third party (the “Third Party”) for a lease term which is scheduled to expire as of February 28, 2015. Landlord and Tenant hereby acknowledge and agree that, notwithstanding such stated expiration date and the full execution and delivery of this Fifth Amendment by Landlord and Tenant, this Fifth Amendment is expressly conditioned upon the full vacation and surrender of the Suite 660 Temporary Premises by the Third Party to Landlord (the “Condition Subsequent”). Landlord shall have no liability whatsoever to Tenant relating to or arising from Landlord’s inability or failure to cause all or any portion of the Condition Subsequent to be satisfied. Landlord shall promptly notify Tenant in writing upon the satisfaction of the Condition Subsequent. The Lease shall remain unmodified and in full force and effect unless and until such time as the Condition Subsequent is satisfied, provided that in the event the Condition Subsequent is not satisfied on or before May 1, 2015, then this Fifth Amendment shall be null and void, and of no further force or effect.
Effectiveness of this Fifth Amendment. (a) This Fifth Amendment (except for Sections 2, 3, 4, 5, 6, and 7) shall become effective on the date (the "Fifth Amendment Effective Date") when Borrower and the Majority Lenders shall have signed a counterpart hereof (whether the same or different counterparts),
Effectiveness of this Fifth Amendment. This Fifth Amendment shall become effective only upon execution and delivery by the Parties of both this Fifth Amendment and the Fourth Amended and Restated Promissory Note Revolving Note in a form identical to that attached hereto as Exhibit A. Upon execution and delivery of the Fourth Amended and Restated Promissory Note Revolving Note, such note shall constitute the Revolving Note defined in the Supplement and Exhibit A hereto shall replace and constitute Exhibit B to the Supplement.
Effectiveness of this Fifth Amendment. Notwithstanding anything to the ------------------------------------- contrary contained in this Fifth Amendment, in the event that Landlord and Fuscoe Engineering, Inc., a California corporation ("Fuscoe") do not fully execute an amendment to Fuscoe's existing lease in Building Five expanding Fuscoe's lease to include the Fuscoe Space, Landlord shall have the option, upon written notice to Tenant, to deem this Fifth Amendment null and void.
Effectiveness of this Fifth Amendment. This Fifth Amendment shall become effective as of the date hereof when, and only when, Administrative Agent shall have received all of the following, in form and substance satisfactory to Administrative Agent:
Effectiveness of this Fifth Amendment. This Fifth Amendment shall be effective only if and when signed by the Borrower, the Wynn Amendment Parties, the Required Lenders, the Required Facility Lenders under the Revolving Credit Facility and the Required Facility Lenders under the Term B Loan Facility.
Effectiveness of this Fifth Amendment. This Fifth Amendment (other than the amendments to the Credit Agreement in Section 2 hereof and the releases in Section 6 hereof) shall be effective only if and when the Borrower, the other Loan Parties and the Lenders constituting the Required Lenders (determined after giving effect to the Term Loan Repayment) have delivered their fully executed signature pages hereto to the Administrative Agent.
