Second Amendment Effective Date. This Amendment shall be and become effective as of the date hereof (the “Second Amendment Effective Date”) when all of the conditions set forth in this Part 3 shall have been satisfied, and thereafter this Amendment shall be known, and may be referred to, as the “Second Amendment”.
Second Amendment Effective Date. This Amendment (subject to Section 4) shall become effective as of the date (the “Second Amendment Effective Date”) on which the following conditions precedent have been satisfied:
(a) The Administrative Agent shall have received this Amendment, executed and delivered by the Administrative Agent, the Borrower and the ABL Lenders.
(b) All costs, fees and expenses required to be paid by the Borrower to the Administrative Agent, JPMorgan Chase Bank, N.A., in its capacity as sole lead arranger and bookrunner for this Amendment, and the ABL Lenders in connection with the Amended Credit Agreement and this Amendment (including the reasonable and documented fees and expenses of legal counsel to the Administrative Agent) shall have been paid to the extent due and invoiced to the Borrower.
(c) The Administrative Agent shall have received all necessary or reasonably advisable amendments to, and a reaffirmation agreement with respect to, the existing collateral security and guarantee documents delivered under the Credit Agreement, such amendments and reaffirmation agreement to be reasonably satisfactory to the Administrative Agent.
(d) The Administrative Agent shall have received (i) a certificate of each Loan Party, dated the Second Amendment Effective Date, substantially in the form of Exhibit B hereto, with appropriate insertions and attachments and (ii) evidence reasonably satisfactory to the Administrative Agent that each Loan Party is in good standing in its jurisdiction of organization.
(e) The Administrative Agent shall have received the executed legal opinion of Polsinelli PC, counsel to the Borrower and its Restricted Subsidiaries, in form and substance reasonably acceptable to the Administrative Agent.
(f) The Administrative Agent shall have received a solvency certificate, dated the Second Amendment Effective Date, substantially in the form of Exhibit L to the Amended Credit Agreement, executed by the chief financial officer of the Borrower, certifying that on the Second Amendment Effective Date, immediately after giving effect to this Amendment, the making of any Loan (as defined in the Amended Credit Agreement) to be made on the Second Amendment Effective Date and the application of the proceeds thereof, the Borrower and its Subsidiaries, on a consolidated basis, are solvent.
(g) The Administrative Agent shall have received, at least one business day prior to the Second Amendment Effective Date, all documentation and other information about any Loan Part...
Second Amendment Effective Date. The Second Amendment Effective Date shall have occurred.
Second Amendment Effective Date. This Second Amendment shall be effective as of July 22, 1999 (the "Second Amendment Effective Date") upon the receipt by the Administrative Agent of this Second Amendment duly executed by all parties hereto.
Second Amendment Effective Date. This Amendment shall be effective as of the date (the “Second Amendment Effective Date”) the Administrative Agent shall have received each of the following:
(a) A copy of this Amendment duly executed by the Borrower, the Parent and Lenders constituting not less than the Required Lenders under the Credit Agreement; and
(b) Such other documents, instruments, agreements, corporate authorizations and opinions of legal counsel as the Administrative Agent or the Lenders may reasonably request.
Second Amendment Effective Date. On the Second Amendment Effective Date, the Company, Research and Cequent shall issue to the Purchasers, on a pro-rata basis based on the original principal amount of the Notes issued to each Purchaser on the Closing Date, Warrants to purchase such number of shares of Common Stock as is equal to twenty percent (20%) of the quotient obtained by dividing: (i) the remaining unpaid principal amount under the Notes calculated on the Second Amendment Effective Date by (ii) the VWAP of the Common Stock for the twenty (20) Trading Day period immediately preceding the Second Amendment Effective Date, which Warrants shall have an exercise price per share equal to the VWAP of the Common Stock for the twenty (20) Trading Day period immediately preceding the Second Amendment Effective Date, contain full ratchet anti-dilution protection (with no corresponding increase in the number of underlying shares) with respect to financing transactions consummated on or prior to June 30, 2014, and otherwise contain substantially equivalent terms and provisions as the Warrants that were issued to the Purchasers on the Closing Date.
Second Amendment Effective Date. The obligation of each Lender holding a Second Amendment Effective Date Term Loan Commitment to make a Loan on the Second Amendment Effective Date is subject to the satisfaction, or waiver in accordance with Section 10.5, of the following conditions on or before the Second Amendment Effective Date:
Second Amendment Effective Date. The amendment and restatement of the Existing Credit Agreement contemplated by this Agreement and the obligations of the Lenders to make
Second Amendment Effective Date. The effectiveness of the Second Amendment and the obligations of the Lenders to make Loans and of the Issuing Lenders to issue Letters of Credit hereunder is subject to satisfaction (or waiver by the Required Lenders) of the following conditions precedent:
Second Amendment Effective Date. March 12, 2021.
