Post-Effective Date Deliverables. (a) No later than 30 days after the Effective Date (or such later date as the Lender shall designate in its discretion), the Borrowers shall deliver to the Lender a “desktop” appraisal of the Loan Parties’ Inventory and of the Loan Parties’ Service and Rental Compressor Fleet Equipment from a firm or firms satisfactory to the Lender, which appraisal shall be satisfactory to the Lender in its Permitted Discretion.
(b) No later than 60 days after the Effective Date (or such later date as the Lender shall designate in its discretion), the Lender shall have received each (i) Collateral Access Agreement required to be provided pursuant to Section 4.13 of the Security Agreement and (ii) Deposit Account Control Agreement required to be provided pursuant to Section 4.14 of the Security Agreement.
(c) No later than 60 days after the Effective Date (or such later date as the Lender shall designate in its discretion), the Lender shall have received an agreement, reasonably satisfactory to the Lender, with Compressco GP to ensure the continued operation of the Borrowers following an Event of Default for the purpose of collecting, assembling and liquidating the Collateral.
Post-Effective Date Deliverables. (a) Each of the Credit Parties shall use commercially reasonable efforts to cause to be delivered to the Administrative Agent no later than 120 days after the Effective Date a Collateral Access Agreement from each landlord which leases real property (and the accompanying facilities) with respect to tower and/or Station sites in the cities of New York, Los Angeles and St. Louis to any of the Credit Parties as of the Effective Date. Such 120 day period may be extended or such requirement may be waived in the sole discretion of the Administrative Agent. If any Credit Party shall lease any real property or facilities with respect to tower and/or Station sites in the cities of New York, Los Angeles or St. Louis after the Effective Date, such Credit Party shall use commercially reasonable efforts to cause the landlord in respect of such leased property or facilities to sign a Collateral Access Agreement. Such requirement may be waived in the sole discretion of the Administrative Agent. It is understood and agreed that “commercially reasonable efforts” as used in this clause (e) shall not in any case include the making of any payment or agreeing to any adverse lease modifications with respect thereto.
(b) No later than 30 days after the Effective Date (or such later date as the Administrative Agent may agree in its reasonable discretion), the Administrative Agent shall have received, with respect to the Emmis Chief Executive Office, each of the following, in form and substance reasonably satisfactory to the Administrative Agent: (i) a Mortgage on such property; (ii) evidence that a counterpart of the Mortgage has been recorded in the place necessary, in the Administrative Agent’s judgment, to create a valid and enforceable first priority Lien in favor of the Administrative Agent for the benefit of itself and the Lenders; (iii) ALTA or other mortgagee’s title policy; (iv) an ALTA survey prepared and certified to the Administrative Agent by a surveyor acceptable to the Administrative Agent; (v) an opinion of counsel in the state in which such parcel of real property is located in form and substance and from counsel reasonably satisfactory to the Administrative Agent; and (vi) such other information, documentation, and certifications as may be reasonably required by the Administrative Agent. All representations and warranties contained in this Agreement and the other Credit Documents shall be deemed modified to the extent necessary to effect the foregoing (and to pe...
Post-Effective Date Deliverables. On or prior to the date of the Tranche B Term Loan Borrowing, the Credit Parties shall have delivered each of the amendments, agreements and opinions required to be delivered on or prior to the date of the Tranche B Term Loan Borrowing pursuant to Section 9.14.
Post-Effective Date Deliverables. On or prior to October 20, 2010 (or, if an alternate date is specified on Schedule XIII, such alternate date), the Borrower will deliver to the Lenders, as applicable (i) each of the amendments, financing statements and opinions of counsel listed on Schedule XIII, and (ii) any other agreements, financing statements or amendments reasonably requested by the Term Lenders, the Administrative Agent or the Collateral Agent to the extent necessary in order to obtain opinions of counsel reasonably acceptable to the Required Lenders. In addition, the Borrower acknowledges that certain items required to be delivered as a condition precedent to the Effective Date (including, without limitation, those items listed on Schedule XIII) (all such items, the “Undelivered Closing Items”) were not delivered or were delivered in a form that was not satisfactory to the Lenders and that, based on the agreement of the Borrower set forth in the next sentence, the Lenders agreed to waive delivery of the Undelivered Closing Items as a condition to the Effective Date. In consideration for the waiver of the Lenders set forth in the immediately preceding sentence, Borrower agrees that on or prior to October 20, 2010 (or, if an alternate date is specified on Schedule XIII, such alternate date), the Borrower shall deliver all Undelivered Closing Items.
Post-Effective Date Deliverables. On or before September 22, 2010, copies of the following documents reasonably satisfactory in form and substance to the Administrative Agent and addressed to the Administrative Agent and each of the Lenders:
Post-Effective Date Deliverables. No later than 60 days after the Effective Date (or such later date as the Administrative Agent shall designate in its discretion), the Administrative Agent shall have received each Deposit Account Control Agreement required to be provided pursuant to Section 4.14 of the Security Agreement.
Post-Effective Date Deliverables. On or prior to February 25, 2010, Borrower will deliver to Lender:
(1) the Note;
(2) duly executed copies of all Security Documents necessary to create first and prior Liens in the Oil and Gas Properties in favor of Lender;
(3) copies of the letters in lieu of transfer orders, payment orders, division orders and other similar such instruments described in Section 3.4; and
(4) stock certificates representing 1,000,000 newly issued shares of Borrower’s common stock, par value $0.0001 per share, duly issued to Lender, as stockholder.
Post-Effective Date Deliverables. Section 8.19(b) and Section 8.19(c) of the Credit Agreement are each hereby amended and restated in their entirety to read in full as follows:
Post-Effective Date Deliverables. On or prior to the date that is sixty (60) days following the Effective Date (or such later date as the Administrative Agent may agree in its sole discretion):
Post-Effective Date Deliverables. So long as the IBC Entities remain subject to Chapter 11 of the Bankruptcy Code and the Assumed Agreements are in force and have not been terminated in accordance with this Restructuring Agreement or in accordance with the Assumed Agreements, the IBC Entities shall have a limited term, interim license to use, reproduce, adapt, distribute, sublicense, copy, modify and prepare derivative works of the Deliverables developed by the Accenture Entities under the Assumed Agreements after the Effective Date (the “Post-Effective Date Deliverables”) in accordance with and subject to the terms set forth in the Assumed Agreements. Upon full and final payment of all post-Effective Date amounts due to the Accenture Entities under the Assumed Agreements, the limited term, interim license to the Post-Effective Date Deliverables set forth above will be converted into the perpetual license rights granted under the Assumed Agreements.
