Preconditions to Effectiveness. This Amendment shall only become effective upon execution by the Borrower and the Bank, and approval by any other third party required by the Bank.
Preconditions to Effectiveness. This Amendment shall only become effective upon execution by the Borrower and the Bank, and approval by any other third party required by the Bank. No Waiver of Defaults; Warranties. This Amendment shall not be construed as or be deemed to be a waiver by the Bank of existing defaults by the Borrower, whether known or undiscovered. All agreements, representations and warranties made herein shall survive the execution of this Amendment.
Preconditions to Effectiveness. This Fourth Amendment shall not take effect unless and until each and all of the following items has been satisfied or delivered, as the case may be, and in all events, to the satisfaction of the Agents, in their sole and exclusive discretion. The willingness of the Agents and the Lenders to enter into this Fourth Amendment is expressly conditioned upon the receipt by the Administrative Agent of the following items:
Preconditions to Effectiveness. This Amendment shall only become effective upon (a) the execution of the Amendment and the Revolving Credit Note by the Borrower and the Bank, and (b) execution and delivery by the Borrower of (i) the items described in Paragraph 3 above; (ii) a current Borrowing Base Certificate; (iii) an opinion of Borrower's counsel satisfactory to the Lender's counsel; and (iv) any and all additional related documents referred to in this Amendment or as otherwise may be required by the Lender.
Preconditions to Effectiveness. The effectiveness of this Amendment is expressly conditioned upon the following:
Preconditions to Effectiveness. This Amendment shall not take effect unless and until each and all of the following have been consummated, all on terms and conditions acceptable to the Lender, in the Lender's sole and exclusive discretion:
Preconditions to Effectiveness. If the Trustee received a Qualifying Opinion in connection with the formation of the 2006 Funding Trust, then no Supplemental Trust Agreement shall become effective unless and until the Trustee receives an opinion in form and substance reasonably satisfactory to it of counsel reasonably acceptable to the Trustee to the effect that such supplement will not cause the 2006 Funding Trust to fail to be treated as such a grantor trust. Each Supplemental Trust Agreement is subject to the prior written consent of any Insurer.
Preconditions to Effectiveness. This Eighth Amendment shall not become effective unless and until, on or before April 26, 2011, each and all of the following conditions have been satisfied, in each case to the satisfaction of the Agents, in their sole and exclusive discretion exercised in good faith:
Preconditions to Effectiveness. This Second Amendment shall not take effect unless and until each and all of the following items has been satisfied or delivered, as the case may be, and in all events, to the satisfaction of the Agents, in their sole and exclusive discretion. The willingness of the Agents and the Lenders to enter into this Second Amendment is expressly conditioned upon the prior receipt by the Administrative Agent of the following items:
Preconditions to Effectiveness. This Seventh Amendment shall not become effective unless and until, on or before December 31, 2009, each and all of the following conditions have been satisfied, in each case to the satisfaction of the Agents, in their sole and exclusive discretion exercised in good faith: The Lead Borrower, the other Borrowers, and the Facility Guarantors shall have delivered to the Administrative Agent, in form and substance reasonably satisfactory to the Administrative Agent, (i) duly executed copies of (A) this Seventh Amendment, and (B) that certain First Amendment to Intellectual Property Security Agreement among the Collateral Agent and the Loan Parties party thereto, and (ii) updated Schedule I and Schedule II to the Pledge Agreement (the “Amended Pledge Schedules”) in the form annexed hereto as Exhibit A, together with, with respect to Capital Stock that is evidenced by stock certificates or other equity interest certificates, original stock certificates or other equity interest certificates and stock powers or other equity interest powers duly executed in blank, to the extent such certificates and powers are required to be delivered pursuant to such Pledge Agreement and to the extent not previously delivered to the Administrative Agent. For purposes of clarity, the parties to the Pledge Agreement acknowledge and agree that, immediately upon receipt by the Administrative Agent of the Amended Pledge Schedules and without requiring further action on the part of any Person, the Pledge Agreement shall be deemed amended by deleting the existing Schedule I and Schedule II thereto in their entirety and substituting the Amended Pledge Schedules in their stead. The Agents shall have received Charter Documents and such other documents and certificates as the Agents or their counsel may reasonably request relating to the organization, existence and good standing of each Loan Party and the authorization of the transactions contemplated by this Seventh Amendment, all in form and substance reasonably satisfactory to the Agents and their counsel. The Lead Borrower, the Borrowers, and the Facility Guarantors shall have delivered to the Administrative Agent such other and further documents as the Administrative Agent reasonably may require and shall have identified prior to the execution of this Seventh Amendment, in order to confirm and implement the terms and conditions of this Seventh Amendment. The Borrowers shall have paid to the Administrative Agent, for the ratable benefit ...
