Original Effective Date. The Original Effective Date is the date as of which the Plan was initially adopted.
Original Effective Date. The obligations of the Lenders to make Loans under the Existing Credit Agreement became effective on the date on which each of the conditions set forth in this Section 4.01 was satisfied (or waived in accordance with Section 9.02). All capitalized terms used in this Section 4.01, and all section references used in this Section 4.01, shall have the meanings assigned to such terms in, and refer to sections of, the Existing Credit Agreement.
(a) The Administrative Agent (or its counsel) shall have received either (i) a counterpart of the Existing Credit Agreement signed on behalf of the Borrower and the Lenders or (ii) written evidence satisfactory to the Administrative Agent (which may include facsimile or other electronic transmission of a signed counterpart of the Existing Credit Agreement) that the Borrower and the Lenders have signed a counterpart of the Existing Credit Agreement.
(b) The Administrative Agent shall have received a written opinion (addressed to the Administrative Agent and the Lenders and dated the Effective Date) of (i) Wachtell, Lipton, Xxxxx & Xxxx, New York counsel for the Loan Parties, (ii) Xxxxxxxx, Xxxxx & Xxxxxxx, P.A., Delaware counsel to the Loan Parties, (iii) Xxxxxxxx Chance LLP, German counsel to the Loan Parties, (iv) Xxxxxxxx Chance LLP, French counsel to the Loan Parties, (v) Xxxxxx Xxxx Ltd., Swiss counsel to the Loan Parties, (vi) Stibbe, Netherlands counsel to the Loan Parties, (vii) Xxxxxx & Xxxxxxx, LLP, German counsel to the Administrative Agent, (viii) Xxxxxx & Xxxxxxx LLP, French counsel to the Administrative Agent, (ix) Xxxxxxxxx XX, Swiss counsel to the Administrative Agent and (x) Xxxxx Dutilh, Netherlands counsel to the Administrative Agent. Each such opinion shall be in form and substance reasonably satisfactory to the Administrative Agent. The Borrower and the Administrative Agent hereby request such counsel to deliver such opinions.
(c) The Administrative Agent shall have received a certificate of each Loan Party, dated the Effective Date, substantially in the form of Exhibit I or such other form acceptable to the Administrative Agent with appropriate insertions, executed by any Responsible Officer of such Loan Party, and including or attaching the documents referred to in paragraph (d) of this Section.
(d) The Administrative Agent shall have received a copy of (i) each Organizational Document of each Loan Party certified, to the extent applicable, as of a recent date by the applicable Governmental Authority...
Original Effective Date. The date the Plan was originally effective.
Original Effective Date. The effectiveness of this Agreement and of the obligations of the Lenders to make Loans and of the Issuing Bank to issue Letters of Credit hereunder shall not become effective until the date on which the Administrative Agent shall have received each of the following documents, each of which shall be satisfactory to the Administrative Agent (and to the extent specified below, to each Lender) in form and substance (or such condition shall have been waived in accordance with Section 9.02):
Original Effective Date. The obligations of the Lenders to make Loans hereunder shall not become effective until the date on which each of the following conditions is satisfied (or waived in accordance with Section 9.02):
(a) The Administrative Agent (or its counsel) shall have received from each party hereto either (i) a counterpart of the Existing Credit Agreement signed on behalf of such party or (ii) written evidence satisfactory to the Administrative Agent (which may include facsimile transmission of a signed signature page of the Existing Credit Agreement) that such party has signed a counterpart of the Existing Credit Agreement.
(b) The Administrative Agent shall have received favorable written opinions (addressed to the Administrative Agent and the Lenders and dated the Original Effective Date) of Xxxxxxxx Xxxxxxx Van Deuren s.c., counsel for the Loan Parties, and such other local counsel opinions as may be applicable, substantially in the form of Exhibit B to the Existing Credit Agreement, and covering such other matters relating to the Loan Parties, the Loan Documents or the Transactions as the Required Lenders shall reasonably request.
(c) The Lenders shall have received (i) reasonably satisfactory audited consolidated financial statements of the Borrower for the two most recent fiscal years ended prior to the Original Effective Date as to which such financial statements are available, (ii) reasonably satisfactory unaudited interim consolidated financial statements of the Borrower for each quarterly period ended subsequent to the date of the latest financial statements delivered pursuant to clause (i) of this paragraph as to which such financial statements are available and (iii) such other documents or information as the Administrative Agent and the Lenders shall reasonably request.
(d) The Administrative Agent shall have received such documents and certificates as the Administrative Agent or its counsel may reasonably request relating to the organization, existence and current status or good standing of the Borrower, the authorization of the Transactions and any other legal matters relating to the Loan Parties, the Loan Documents or the Transactions, all in form and substance satisfactory to the Administrative Agent and its counsel and as further described in the list of closing documents attached as Exhibit C to the Existing Credit Agreement.
(e) The Administrative Agent shall have received evidence satisfactory to it that the Revolving Credit Agreement has been amen...
Original Effective Date. The obligations of the Lenders to make Loans, and the obligation of each Issuing Bank to issue Letters of Credit, on the Original Effective Date were subject to the satisfaction of the conditions set forth in Section 4.01 of the Original Credit Agreement.
Original Effective Date. The parties to this agreement acknowledge that the Original Effective Date occurred on January 31, 2008.
Original Effective Date. 31 SECTION 4.02. Amendment Effective Date...................................31 E-43 3 SECTION 4.03. Each Credit Event..........................................32
Original Effective Date. Certain conditions were required to be fulfilled by the Borrower prior to the initial Borrowing under the Original Credit Agreement. On or prior to August 5, 1999, the Administrative Agent received certain documents and other evidence as to the satisfaction of such conditions, satisfactory to the Administrative Agent (and, to the extent required, to each Lender) in form and substance, or such conditions were waived in accordance with the Original Credit Agreement, and as a result the Lender's Original Commitment became effective on and as of August 5, 1999 (the "Original Effective Date").
Original Effective Date. The obligations of the Lenders to make Loans and of the LC Issuer to issue Letters of Credit hereunder shall not become effective until the date on which each of the following conditions is satisfied (or waived in accordance with Section 9.02):
(a) The Administrative Agent (or its counsel) shall have received from each party hereto either (i) a counterpart of this Agreement signed on behalf of such party or (ii) written evidence satisfactory to the Administrative Agent (which may include telecopy transmission of a signed signature page of this Agreement) that such party has signed a counterpart of this Agreement.
(b) The Administrative Agent shall have received a favorable written opinion of Rxxxxxx X. Xxxxxxxx, Esq., dated the Original Effective Date and addressed to the Lenders, to the effect set forth in Exhibit C hereto.
(c) The Administrative Agent shall have received such documents and certificates as the Administrative Agent or its counsel may reasonably request relating to the organization, existence and good standing of the Borrowers and the authorization of the Transactions, all in form and substance satisfactory to the Administrative Agent and its counsel.
(d) All loans and other amounts outstanding or accrued for the accounts of the lenders under each of the Existing Credit Agreements (whether or not due at the time) shall have been paid in full and the commitments under each of the Existing Credit Agreements shall have been terminated.
(e) The Administrative Agent and the Lenders shall have received all fees due and payable on or prior to the Original Effective Date required to be paid by the Borrowers in connection with this Agreement, as set forth in the fee letter entered into in connection with the credit facilities established hereby.
