Common use of Requisite Approval; Expenses Clause in Contracts

Requisite Approval; Expenses. This First Amendment to the Agreements shall be effective as of the date first written above upon the satisfaction of the following conditions precedent: (a) the Required Lenders and the Company or the applicable Credit Party shall have executed this First Amendment to the Agreements, (b) the Administrative Agent shall acknowledge this First Amendment to the Agreements, (c) the Subsidiary Guarantors shall have executed and delivered an Acknowledgment and Consent, in respect of the Subsidiary Guaranty, in the form attached hereto as Exhibit A, (d) the Lenders shall have received a duly executed copy of the Amendment No. 1 and Consent to the Second Amended and Restated Credit Agreement, in a form and substance reasonably satisfactory to the Lenders, and (e) the Company and the Co-Obligors shall have paid all reasonable out-of-pocket expenses incurred by each Lender in connection with the consummation of the transactions contemplated by this First Amendment to the Agreements, including, without limitation, the reasonable fees, expenses and disbursements of Cxxxxxx and Cxxxxx LLP which are reflected in statements of such counsel rendered on or prior to the date of this First Amendment to the Agreements.

Requisite Approval; Expenses. This First Third Amendment to the Agreements Agreement shall be effective as of the date first written above upon the satisfaction of the following conditions precedent: (a) the Required Lenders and the Company or the applicable Credit Party shall have executed this First Third Amendment to the AgreementsAgreement, (b) the Administrative Agent shall acknowledge this First Third Amendment to the AgreementsAgreement, (c) the Subsidiary Guarantors shall have executed and delivered an Acknowledgment and Consent, in respect of the Subsidiary Guaranty, in the form attached hereto as Exhibit A, and (d) the Lenders shall have received a duly executed copy of the Amendment No. 1 and Consent to the Second Amended and Restated Credit Agreement, in a form and substance reasonably satisfactory to the Lenders, and (e) the Company and the Co-Obligors shall have paid all reasonable out-of-pocket expenses incurred by each Lender and the Administrative Agent in connection with the consummation of the transactions contemplated by this First Third Amendment to the AgreementsAgreement, including, without limitation, the reasonable fees, expenses and disbursements of Cxxxxxx Xxxxxxx and Cxxxxx Xxxxxx LLP which are reflected in statements of such counsel rendered on or prior to the date of this First Third Amendment to the AgreementsAgreement. Upon the delivery of fully-executed counterparts to this Third Amendment to the Agreement, the conditions precedent referred to above shall be deemed satisfied.

Requisite Approval; Expenses. This First Second Amendment to the Agreements shall be effective as of the date first written above upon the satisfaction of the following conditions precedent: (a) the Required Lenders and the Company or the applicable Credit Party shall have executed this First Second Amendment to the Agreements, (b) the Administrative Agent shall acknowledge this First Second Amendment to the Agreements, (c) the Subsidiary Guarantors shall have executed and delivered an Acknowledgment and Consent, in respect of the Subsidiary Guaranty, in the form attached hereto as Exhibit A, (d) the Lenders shall have received a duly executed copy of the Amendment No. 1 and Consent 2 to the Second Amended and Restated Credit Agreement, in a form and substance reasonably satisfactory to the Lenders, (e) each Lender shall have received an amendment fee on the aggregate principal amount of its Credit Linked Deposit (which fee shall be calculated on the same basis for each Lender and shall be in an amount set forth in an email from the Company on August 4, 2008), and (ef) the Company and the Co-Obligors shall have paid all reasonable out-of-pocket expenses incurred by each Lender and the Administrative Agent in connection with the consummation of the transactions contemplated by this First Second Amendment to the Agreements, including, without limitation, the reasonable fees, expenses and disbursements of Cxxxxxx Xxxxxxx and Cxxxxx Xxxxxx LLP and Xxxxxxxx & Xxxxxxxx LLP which are reflected in statements of such counsel rendered on or prior to the date of this First Second Amendment to the Agreements. Upon the delivery of fully-executed counterparts to this Second Amendment to the Agreements, the conditions precedent referred to above shall be deemed satisfied.

Requisite Approval; Expenses. This First Amendment to the Agreements shall be effective as of the date first written above upon the satisfaction of the following conditions precedent: (a) the Required Lenders Company, the Issuer and the Company or the applicable Credit Party Required Holders shall have executed this First Amendment to the AgreementsAmendment, (b) the Administrative Agent shall acknowledge this First Amendment to the Agreements, (c) each of the Subsidiary Guarantors shall have executed and delivered an the Acknowledgment and Consent, Consent in respect of the Subsidiary Guaranty, Guaranty and this First Amendment in the form attached hereto as Exhibit A, (dc) the Lenders Company, the Issuer and the requisite lenders under the Bank Credit Agreement shall have executed and delivered the Credit Agreement Amendment and the Noteholders shall have received a duly executed copy of the Amendment No. 1 and Consent to the Second Amended and Restated Credit Agreement, in a form and substance reasonably satisfactory to the Lendersthereof, and (ed) the Company and the Co-Obligors Issuer shall have paid all reasonable out-of-pocket expenses incurred by each Lender Noteholder in connection with the consummation of the transactions contemplated by this First Amendment to the AgreementsAmendment, including, without limitation, the reasonable fees, expenses and disbursements of Cxxxxxx Xxxxxxx and Cxxxxx LLP Xxxxxx LLP, which are reflected in statements of such counsel rendered on or prior to the date of this First Amendment to the AgreementsAmendment.