Restatement Closing Date. This Agreement shall become effective on the first date (the “Restatement Closing Date”) on which each of the following conditions shall be satisfied (or waived in accordance with Section 10.01 of the Existing Credit Agreement):
Restatement Closing Date. The Restatement shall occur at the offices of O’Melveny & Xxxxx LLP, 000 Xxxxx Xxxx Xxxxxx, Xxx Xxxxxxx, Xxxxxxxxxx, at 9:00 a.m., Pacific Standard time, at a closing on March 30, 2007 or on such other Business Day thereafter on or prior to March 30, 2007 as may be agreed upon by the Company and the Purchasers (the “Restatement Closing Date”). On the Restatement Closing Date, the Company will deliver to each Purchaser the Series A Notes in the form of a single Note (or such greater number of Series A Notes in denominations of at least $100,000 as such Purchaser may request) dated as of the Restatement Closing Date and registered in such Purchaser’s name (or in the name of its nominee), against delivery by such Purchaser to the Company of the Existing Notes held by such Purchaser for cancellation. If the Company shall fail to tender such Series A Notes to any Purchaser as provided above in this Section 3, or any of the conditions specified in Section 4 shall not have been fulfilled to such Purchaser’s satisfaction, the Existing Note Purchase Agreement and the Existing Notes shall remain in full force and effect, and such Purchaser shall, at its election, be relieved of all further obligations under this Agreement, without thereby waiving any rights such Purchaser may have by reason of such failure or such nonfulfillment.
Restatement Closing Date. The amendment and restatement of the Original Credit Agreement shall not become effective until the date on which each of the following conditions is satisfied (or waived in accordance with Section 9.08):
Restatement Closing Date. On or prior to the Restatement Closing Date:
Restatement Closing Date. Notwithstanding the foregoing, (i) upon its receipt of the proceeds of the Series B Term Loans, Borrowers shall apply a portion of such proceeds, together with proceeds of Revolving Loans made on the Closing Date, sufficient (a) to prepay in full the Series A Term Loans which are not being converted by Continuing Lenders into Series B Term Loans, (b) to pay all accrued and unpaid interest and fees, if any, on all Series A Term Loans held by Existing Lenders that are not Continuing Lenders, and (c) to pay to such Existing Lender that is not a Continuing Lender all other amounts then due and owing as a result of the prepayment of such Existing Lender’s Series A Term Loans; (ii) upon its receipt of the proceeds of the Revolving Loans made on the Restatement Closing Date, Borrowers shall apply a portion of such proceeds sufficient to (a) prepay in full the Existing Revolving Loans which are not being converted by Continuing Lenders into Revolving Loans on the Restatement Closing Date, (b) pay all accrued and unpaid interest and fees, if any, on all Existing Revolving Loans held by Existing Lenders that are not Continuing Lenders, (c) pay to such Existing Lender that is not a Continuing Lender all other amounts then due and owing as a result of the prepayment of such Lender’s Existing Revolving Loans; and (iii) pay all other Obligations then due and owing to the Existing Lenders, in their capacity as such, under the Existing Credit Agreement.
Restatement Closing Date. The obligation of any Lender to make a Credit Extension on the Restatement Closing Date is subject to the satisfaction, or waiver in accordance with Section 10.5, of the following conditions on or before the Restatement Closing Date:
Restatement Closing Date. The effectiveness of the amendment and restatement of the Original Credit Agreement by this Agreement and the obligations of the Lenders with Tranche B Term Loan Commitments to make Tranche B Term Loans hereunder are subject to the satisfaction of the following conditions:
Restatement Closing Date. This amendment and restatement shall not become effective until the date (the "Restatement Closing Date") on which each of the following conditions is satisfied (or waived in accordance with Section 9.02):
Restatement Closing Date. On the Restatement Closing Date:
