Fourth Amendment Effective Date. This Amendment shall be and become effective as of the date hereof (the “Fourth 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 “Fourth Amendment”.
Fourth Amendment Effective Date. Upon receipt by Agent of each of the following, this Amendment shall be deemed to be effective (the "Fourth Amendment Effective Date"):
(a) An original of this Amendment duly executed by each Borrower, and Agent shall have accepted and executed this Amendment;
(b) Evidence satisfactory to Agent that the Life Insurance Policy remains in full force and effect and that the Collateral Assignment of Life Insurance has been accepted by and duly recorded on the books and records of the insurance company that issued the Life Insurance Policy;
(c) Agent shall have received all fees, charges and expenses due and payable to Agent and Lenders pursuant to this Amendment;
(d) Agent shall have received a written opinion of counsel for the Borrowers in form and content satisfactory to the Agent in its Permitted Discretion, addressed to the Agent and its counsel, and covering such matters related to the transactions contemplated hereby as the Agent may request (including, without limitation, as to authority, existence, incumbency and enforceability);
(e) Borrowers shall have delivered to Agent updated, true and accurate amended and restated disclosure schedules to the Agreement (the "Amended and Restated Disclosure Schedules"), which Amended and Restated Disclosure Schedules shall be in form and substance satisfactory to Agent in its sole discretion; and
(f) Agent shall have received a certificate of the corporate secretary or assistant secretary of each Borrower dated as of the date of this Amendment as to the incumbency and signature of the Persons executing this Fourth Amendment and the Loan Documents on behalf of such Borrower, in the form attached hereto as Exhibit 2(f).
Fourth Amendment Effective Date. All of the conditions precedent set forth in this Section 2 shall have been satisfied effective as of the Fourth Amendment Effective Date.
Fourth Amendment Effective Date. April 10, 2012.
Fourth Amendment Effective Date. This Amendment shall become effective as of the first date (the “Fourth 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) The Administrative Agent shall have received a favourable opinion of Stikeman Elliott LLP, Canadian counsel to the Borrower, and Sxxxxxx Xxxxxxx & Bxxxxxxx LLP, United States counsel to the Borrower, in form and substance acceptable to the Administrative Agent and the Lenders, addressed to the Administrative Agent, the Lenders and Lxxxxxx’ Counsel; and
(e) On and as of the Fourth Amendment Effective Date the representations and warranties of the Obligors set forth in SECTION 4 hereof shall be true and correct.
Fourth Amendment Effective Date. This Amendment shall be binding upon the Administrative Agent, Borrower, and the Lenders on the last day (the “Fourth Amendment Effective Date”) 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; and (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.
Fourth Amendment Effective Date. Section 1.01 Definitions is hereby amended by inserting the following definition thereto in proper alphabetical order as follows:
Fourth Amendment Effective Date. The term "Fourth Amendment Effective Date" shall mean the date on which the conditions to the effectiveness of the Fourth Amendment set forth in Section 3 thereof shall have been satisfied.
Fourth Amendment Effective Date. As set forth in the Fourth Amendment, the Borrower Representative shall deliver to the Administrative Agent a fully executed Funding Notice in respect ofwith regard to the Initial Term Loans to be made on the Closing Date no later than one Business Day prior to the Closing Date. Promptly upon receipt by Administrative Agent of such Funding Notice, Administrative Agent shall notify each Lender with an Initial Term Loan Commitment of the proposed xxxxxxxxx.xx connection with the Fourth Amendment.
Fourth Amendment Effective Date. This Amendment (subject to Section 5) shall become effective as of the date (the “Fourth Amendment Effective Date”) on which the following conditions precedent have been satisfied:
(a) The Administrative Agent shall have received this Amendment, executed and delivered by the Administrative Agent, the Borrower and the Incremental Term Lenders.
(b) Each Incremental Term Lender that is not a Lender under the Credit Agreement prior to the Fourth Amendment Effective Date (an “Existing Lender”) shall have executed a New Lender Supplement substantially in the form of Exhibit I-2 to the Amended Credit Agreement and delivered such executed New Lender Supplement to the Administrative Agent.
(c) All costs, fees and expenses required to be paid by the Borrower to the Administrative Agent, Barclays Bank PLC, in its capacity as lead arranger and bookrunner for this Amendment (the “Initial Lead Arranger”) and the Incremental Term Lenders in connection with this Amendment (including the reasonable and documented fees and expenses of legal counsel to the Administrative Agent and Initial Lead Arranger) shall have been paid to the extent due and invoiced to the Borrower at least three Business Days prior to the scheduled Fourth Amendment Effective Date.
