Second Effective Date Sample Clauses
Second Effective Date. The second effective date for an extension described in § 1.2(a) shall be the first anniversary of the date ICE signs this Employment Agreement.
Second Effective Date. The second effective date for an extension described in § 1.2(a) shall be the first anniversary of the date INTCX signs this Employment Agreement.
Second Effective Date. The Delayed Additional Commitments shall become effective on the date that each of the following conditions shall have been satisfied (or waived in accordance with Section 9.05(a)):
(a) the Merger Effective Date shall have occurred;
(b) receipt by the Administrative Agent of counterparts of the Joinder Agreement signed by each of the Progress Borrowers (or, in the case of any party as to which an executed counterpart shall not have been received, receipt by the Administrative Agent in form satisfactory to it of facsimile or other written confirmation from such party of execution of a counterpart hereof by such party);
(c) receipt by the Administrative Agent of (i) an opinion of internal counsel of each Progress Borrower, substantially in the form of Exhibit B hereto and (ii) an opinion of Xxxxxxxx, Xxxxxxxx & Xxxxxx, P.A., special counsel for the Borrowers, substantially in the form of Exhibit C hereto, and, in each case, covering such additional matters relating to the transactions contemplated hereby as the Required Lenders may reasonably request;
(d) receipt by the Administrative Agent of (i) a certificate signed by a Vice President, the Treasurer, an Assistant Treasurer or the Controller of the Company, dated the Second Effective Date, to the effect set forth in clause (c) of Section 3.03 with respect to the Company and (ii) a certificate signed by a Vice President, the Treasurer, an Assistant Treasurer or the Controller of the Progress Borrowers, dated the Second Effective Date, to the effect set forth in clauses (c) and (d) of Section 3.03 (without giving effect to the parenthetical in such clause (d)) with respect to the Progress Borrowers;
(e) receipt by the Administrative Agent of evidence reasonably satisfactory to it that all principal of any loans outstanding under, and all accrued interest and fees under, the Existing Progress Credit Agreements and the Existing Progress Parent LC Facility shall have been paid in full;
(f) receipt by the Administrative Agent of the executed Progress Energy, Inc. Consent in the form attached hereto as Exhibit I;
(g) receipt by the Administrative Agent of all documents it may have reasonably requested relating to the existence of the Progress Borrowers, the corporate authority for and the validity of this Agreement and the Notes, and any other matters relevant hereto, all in form and substance satisfactory to the Administrative Agent; and
(h) receipt by the Administrative Agent of evidence satisfactory to it that...
Second Effective Date. (a) The Agent shall notify the Borrower and the Lenders that it has received all of the documents set out in Schedule 1 (Conditions Precedent) in form and substance satisfactory to the Agent (acting on the instructions of all the Lenders) promptly upon being so satisfied.
(b) Other than to the extent that the Lenders notify the Agent in writing to the contrary before the Agent gives the notification described in paragraph (a) above, the Lenders authorise the Agent to give that notification. The Agent shall not be liable for any damages, costs or losses whatsoever as a result of giving any such notification.
Second Effective Date. The second effective date for an extension described in § 1.2(a) shall be the first anniversary of the date Forge signs this Employment Agreement.
Second Effective Date. The consent set forth in Section 3 of this Amendment shall become effective on the first day on which each of the following conditions precedent shall have been satisfied (the "Second Effective Date"):
(a) The First Effective Date shall have occurred.
(b) The Administrative Agent shall have received the entire Net Cash Proceeds of the Aviation Business Sale received by Borrowers at the time of the closing of the Aviation Business Sale, in the minimum amount of $140,000,000 less, if the Sellers are required by the definitive documentation for the Aviation Business Sale to deposit funds in escrow in respect of the Clawback Obligation, an amount equal to the lesser of (i) the actual amount of such funds deposited into escrow and (ii) $6,000,000, and seventy percent (70%) of such Net Cash Proceeds shall have been applied to repay the Loans and permanently reduce the Aggregate Commitment by the amount of such repayment. Borrowers shall promptly upon receipt repay the Loans and permanently reduce the Aggregate Commitment by the amount of funds, if any, that are returned to Sellers from the escrow established in respect of the Clawback Obligation.
(c) All Obligations of each Borrower whose capital stock is sold pursuant to the Aviation Business Sale, and each Subsidiary thereof (collectively, the "Sold Companies"), in respect of Loans made to any Sold Company shall have been repaid in full.
(d) With respect to each Letter of Credit issued on behalf of any Sold Company which remains outstanding, either (i) such Letter of Credit shall have been returned to the Administrative Agent for cancellation, (ii) there shall have been delivered to the Administrative Agent good funds equal to 100% of the maximum liability under such Letter of Credit, which funds are to be deposited in a separate, blocked account (the "Cash Collateral Account") maintained by Borrowers with the Administrative Agent and are to be held in the Cash Collateral Account for the benefit of the Lenders as cash collateral for the Borrowers' joint and several reimbursement obligations and the other Obligations, or (iii) there shall have been delivered to the Administrative Agent a letter of credit in form and substance satisfactory to the Administrative Agent in an amount equal to 100% of the maximum liability under such Letter of Credit with a term that extends 60 days beyond the latest expiration date of such Letter of Credit and issued by a bank satisfactory to the Administrative Agent that may be dra...
Second Effective Date. The second effective date for an extension described in § 1.2(a) shall be May 14, 2008.
Second Effective Date. Sections 1, 2.1B, 2.1C, 2.1D, 2.1E, 2.2B, 2.2C, 2.3, 2.4A, 2.4B, 2.4C, 2.4D, 2.4I, 2.4J, 2.4K and 2.5 of this Amendment shall become effective only upon the satisfaction of all of the following conditions precedent in subsections 5.2A and B set forth below on or prior to September 30, 1997 (the date of satisfaction of such conditions being referred to herein as the "Second Effective Date"):
A. All of the conditions set forth in subsection 5.1. of this Amendment have been satisfied.
B. On or before the Second Effective Date, Administrative Agent and the other Agents shall have received on behalf of Lenders copies of the final definitive agreements relating to the New Receivables Facility and, in addition either (i) Administrative Agent shall have received an Officer's Certificate of Company certifying that such final definitive agreements do not materially differ from the terms set forth in the New Receivables Facility Term Sheet or (ii) in the event that such final definitive agreements materially differ from the terms set forth in the New Receivables Facility Term Sheet, Requisite Lenders shall have approved such final documentation relating to such New Receivables Facility.
C. On or after the Second Effective Date, the Collateral Agent is authorized to release the Receivables Assets transferred to the New Receivables SPC in connection with the New Receivables Documents, and in connection therewith the Collateral Agent shall execute and file UCC releases and take such other actions as are necessary to effect the release of such Liens in the Receivables Assets.
Second Effective Date. This Exhibit B becomes effective and binding eight (8) days after Executive signs and returns this Exhibit B to the Company, so long as Executive has not revoked it (the “Second Effective Date”).
Second Effective Date