Effective Date of Amendment This Amendment shall be deemed effective as of the date first written above, as if executed on such date.
Scope of Amendment This Amendment shall amend, modify and revise the Agreement only to the extent set forth expressly in this Amendment and, except to the extent expressly set forth in this Amendment, the terms and conditions of the Agreement shall remain in full force and effect after the Amendment Effective Date. For the avoidance of any doubt, nothing in this Amendment shall be deemed to amend or extend the term of the Amended Agreement, or to affect the right of a Party to exercise any right of termination it may have under the Amended Agreement.
Execution of Amendment Submission of this Amendment by Landlord is not an offer to enter into this Amendment but rather is a solicitation for such an offer by Tenant. Landlord shall not be bound by this Amendment until Landlord has executed and delivered the same to Tenant.
Submission of Amendment The submission of this Amendment to the parties or their agents or attorneys for review or signature does not constitute a commitment by Agent or any Lender to waive any of their respective rights and remedies under the Loan Documents, and this Amendment shall have no binding force or effect until all of the conditions to the effectiveness of this Amendment have been satisfied as set forth herein.
Limitation of Amendment 3.1 The amendment set forth in Section 2, above, is effective for the purposes set forth herein and shall be limited precisely as written and shall not be deemed to (a) be a consent to any amendment, waiver or modification of any other term or condition of any Loan Document, or (b) otherwise prejudice any right or remedy which Bank may now have or may have in the future under or in connection with any Loan Document.
3.2 This Amendment shall be construed in connection with and as part of the Loan Documents and all terms, conditions, representations, warranties, covenants and agreements set forth in the Loan Documents, except as herein amended, are hereby ratified and confirmed and shall remain in full force and effect.
Notice of Amendment 16 Except when a longer period is requested by applicable law, North Sound BH-ASO may amend 17 this Agreement upon 30 days prior written notice to Provider. If Provider does not deliver to 18 North Sound BH-ASO a written notice of rejection of the amendment within that 30-day 19 period, the amendment shall be deemed accepted by and shall be binding upon Provider.
Effectiveness of Amendment This Amendment shall not become effective until all of the following conditions shall have been satisfied:
(i) the absence of any default or Event of Default under any of the Leases or the Schedules;
(ii) the representations and warranties of the Lessees in Section 3 hereof shall be true and correct in all material respects at such time;
(iii) concurrently with the effectiveness of this Amendment, the effectiveness of all provisions of the Senior Credit Agreement Amendment in the form set forth as Exhibit C hereto;
(iv) the absence of a Default or an Event of Default as provided and defined in the Senior Credit Agreement;
(v) concurrently with the effectiveness of this Amendment, the effectiveness of all provisions of the Second Lien Credit Agreement Amendment in the form set forth as Exhibit D hereto;
(vi) concurrently with the effectiveness of this Amendment, the consummation of all transactions required pursuant to the Merger Agreement (in the form set forth as Exhibit E hereto, with any changes to such form after the date hereof that could not reasonably be expected to be materially adverse to the interest of Lessors) on the closing date thereunder;
(vii) the absence of a Default or an Event of Default as provided and defined in the Second Lien Credit Agreement;
(viii) before giving effect to the FDN Merger Transaction, there shall have been no (i) Material Adverse Effect since December 31, 2002, or (ii) Material Adverse Change (as “Material Adverse Effect” and “Material Adverse Change” are defined in the Senior Credit Agreement and the Second Lien Credit Amendment, in each case as in effect on the date hereof); and
(ix) all of the written information provided by or on behalf of the Parent or the Lessees to the Lessors prior to the Effective Date, including all written information regarding FDN and the FDN Merger Transaction, shall be true, correct and complete in all material respects as of the date specified therein, and no additional information shall have come to the attention of the Parent or the Lessees that could reasonably be expected to have a Material Adverse Effect or result in a Material Adverse Change (as “Material Adverse Effect” and “Material Adverse Change” are defined in the Senior Credit Agreement and the Second Lien Credit Amendment, in each case as in effect on the date hereof).
Term of Agreement; Amendment This Agreement shall become effective as of the date first written above and will continue in effect for a period of three (3) years. This Agreement may be terminated by either party upon giving 90 days prior written notice to the other party or such shorter period as is mutually agreed upon by the parties. Notwithstanding the foregoing, this Agreement may be terminated by any party upon the breach of the other party of any material term of this Agreement if such breach is not cured within 15 days of notice of such breach to the breaching party. This Agreement may not be amended or modified in any manner except by written agreement executed by USBFS and the Trust, and authorized or approved by the Board of Trustees.
Certificate of Amendment A successor Owner Trustee appointed under this Agreement will promptly file a certificate of amendment to the Certificate of Trust with the Secretary of State of the State of Delaware identifying the name and principal place of business of the successor Owner Trustee in the State of Delaware. The successor Owner Trustee will promptly deliver a file-stamped copy of the certificate of amendment to the Administrator.
Termination Amendment and Waiver 46 7.1 Termination....................................................................................46 7.2