First Amendment Effective Date. This Amendment shall be and become effective as of the date hereof (the “First Amendment Effective Date”) when all of the conditions set forth in this Part 3 shall have been satisfied, and thereafter this Amendment shall be known, and may be referred to, as the “First Amendment”.
First Amendment Effective Date. This Amendment shall be binding upon the Administrative Agent, Borrower, and the Lenders on the last day upon which (a) counterparts of this Amendment shall have been executed and delivered to Administrative Agent by Borrower, Administrative Agent, and Requisite Lenders, or when Administrative Agent shall have received, telecopied, telexed, or other evidence satisfactory to it that all such parties have executed and are delivering to Administrative Agent counterparts thereof, at which time this Amendment shall be deemed effective as of December 30, 2008 (the “First Amendment Effective Date”); (b) Borrower shall have delivered to Administrative Agent copies (certified by the Secretary or Assistant Secretary of Borrower) of all corporate action taken by Borrower to authorize the execution, delivery, and performance of this Amendment; (c) Borrower’s counsel shall have delivered a favorable legal opinion regarding the enforceability of this Amendment and such other matters incident to the transactions contemplated hereby as Administrative Agent may request; (d) Borrower and the requisite Noteholders shall have approved the Second Omnibus Amendment to the Note Agreements and shall have executed and delivered the Second Omnibus Amendment to the Note Agreements, which shall be in all respects in form and substance satisfactory to Administrative Agent and Requisite Lenders; (e) Borrower shall have paid to each Consenting Lender (by payment to Administrative Agent for the account of each Consenting Lender) an Amendment Fee in an amount equal to 0.50% of such Consenting Lender’s Commitment on the First Amendment Effective Date; (f) Borrower shall have paid the reasonable fees, expenses, and disbursements of Xxxxxx and Xxxxx, LLP which are reflected in statements of such counsel rendered on or prior to the date of this Amendment; and (g) Borrower shall have delivered such other documents or certifications as Administrative Agent may reasonably request. Notwithstanding the foregoing provisions, for purposes of determining compliance with the conditions specified in this Paragraph 3, each Lender that has signed this Amendment shall be deemed to have consented to, approved or accepted or to be satisfied with, each document or other matter required thereunder to be consented to or approved by or acceptable or satisfactory to a Lender unless Administrative Agent shall have received notice from such Lender prior to the proposed First Amendment Effective Date specifying its...
First Amendment Effective Date. This Amendment, and the amendments and modifications set forth herein, shall be and become effective on the date (the "FIRST AMENDMENT EFFECTIVE DATE") when each of the conditions set forth in this Part shall have been fulfilled to the satisfaction of the Administrative Agent.
First Amendment Effective Date. The First Amendment Effective Date shall have occurred.
First Amendment Effective Date. This First Amendment shall be effective as of the date (the "First Amendment Effective Date") that there shall have been delivered to the Administrative Agent, duly executed by the parties hereto, this First Amendment.
First Amendment Effective Date. Subject to Section 6, this First Amendment shall become binding and effective upon the date (such date, the “First Amendment Effective Date”) on which the Administrative Agent shall have received (a) a counterpart signature page of this First Amendment duly executed by the Borrower, (b) a counterpart signature page of this First Amendment duly executed by each Lender under the Existing Credit Agreement, (c) a counterpart signature page of this First Amendment duly executed by each Incremental Term Loan Lender, (d) a counterpart signature page of this First Amendment duly executed by the Collateral Agent and (e) a counterpart signature page of this First Amendment duly executed by the Depositary Bank.
First Amendment Effective Date. On the First Amendment Effective Date, the Company, Research and Cequent shall issue to the Purchasers, on a pro-rata basis based on the original principal amount of the Notes issued to each Purchaser on the Closing Date, Warrants to purchase such number of shares of Common Stock as is equal to twenty percent (20%) of the quotient obtained by dividing: (i) the remaining unpaid principal amount under the Notes calculated on the First Amendment Effective Date after giving effect to the mandatory pre-payment contemplated by Section 4.16 by (ii) the VWAP of the Common Stock for the twenty (20) Trading Day period immediately preceding the First Amendment Effective Date, which Warrants shall have an exercise price per share equal to the VWAP of the Common Stock for the twenty (20) Trading Day period immediately preceding the First Amendment Effective Date, contain full ratchet anti-dilution protection (with no corresponding increase in the number of underlying shares) with respect to financing transactions consummated on or prior to June 30, 2014, and otherwise contain substantially equivalent terms and provisions as the Warrants that were issued to the Purchasers on the Closing Date.
First Amendment Effective Date. This First Amendment shall become effective as of the date first above written (the "First Amendment Effective Date") upon receipt by the Administrative Agent (with sufficient copies for each Senior Lender) of counterparts hereof, executed by Southland, the Administrative Agent and the Requisite Senior Lenders.
First Amendment Effective Date. This Amendment shall become effective as of the first date (the “First Amendment Effective Date”) on which each of the following conditions shall have been satisfied (or waived by the Required Lenders and the Administrative Agent):
(a) The Administrative Agent shall have received a counterpart signature page of this Amendment duly executed by each Obligor, the Administrative Agent and the Lenders constituting the Required Lenders.
(b) The Administrative Agent shall have received a certificate signed by a Responsible Officer of each Obligor (i) certifying that attached thereto are resolutions evidencing necessary corporate action on their part approving and authorizing the execution, delivery and performance of this Amendment and approving and authorizing the manner in which and by whom this Amendment are to be executed and delivered, and (ii) attaching signature and incumbency certificates of the Responsible Officers of such Obligor executing this Amendment.
(c) The Administrative Agent shall have received a certificate of status, compliance, good standing or like certificate with respect to each Obligor issued by the appropriate government officials of the jurisdiction of its incorporation or amalgamation, as applicable.
(d) All fees required to be paid on the First Amendment Effective Date pursuant to that certain Fee Letter, dated as of May 13, 2022 (the “Fee Letter”), among the Canadian Borrower and the Administrative Agent.
(e) On and as of the First Amendment Effective Date the representations and warranties of the Obligors set forth in SECTION 5 hereof shall be true and correct.
First Amendment Effective Date. This Amendment shall be effective upon the satisfaction of the conditions precedent set forth in Section 6 hereof (the “First Amendment Effective Date”).
