Section Conditions. The effectiveness of this Amendment is subject to the receipt by Lender of the following in form and substance satisfactory to Lender: Certificate - Each Borrower. For each Borrower, a certificate of an officer of such Borrower acceptable to Lender certifying (i) resolutions of the General Partner which authorize the execution, delivery and performance by such Borrower of this Amendment and the other Loan Documents executed or delivered or to be executed or delivered in connection therewith to which such Borrower is or is to be a party, and (ii) the names of the officers of such Borrower authorized to sign this Amendment and each of the other Loan Documents to which such Borrower is or is to be a party together with specimen signatures of such Persons.
Section Conditions. The effectiveness of this Amendment is subject to the receipt by Agent of the following, each in form and substance satisfactory to Agent and Lenders:
Section Conditions. For the purpose of this section, a regular employee or member of the Union hired by the Company shall include a dependent contractor as defined under appendix hereunder. A dependent contractor shall be considered a regular employee after working a minimum of one hundred and twenty (120) hours in any period thirty (30) consecutive day period. Any member of the Union who is a regular employee in the employ of the Company on the date of this agreement shall join the Plan on the date of this agreement. Any member of the Union who is hired by the Company after the date of this agreement shall join the Plan on the first day of the month immediately following the month in which the employee becomes a regular employee. Notwithstanding sub-paragraph above, any member of the Union who is hired by the Company after the date of this agreement who has been covered under the plan within the thirty (30) day period immediately prior to the date on which he commences work with the Company and who becomes a regular employee shall join the Plan on the later of his date of hire or the day following termination of his previous coverage.
Section Conditions. For the purposes of this section a regular employee or member of the Union hired by the Company shall include a dependent as defined under Article of this Agreement. A dependent contractor shall be considered a regular employee on his date of hire. Any member of the Union who is a employee in the employ of the Company on the date of Agreement shalljoin the Plan on the date of this Agreement. Any member of the Union who is hired by the Company after the date of this Agreement shall join the Plan on the day of the month coincident with or immediately following the month in which the employee becomes a regular employee. subparagraph above, any member of the Union who is by the Company after the date of this Agreement who has been covered the Plan the day period immediately prior to the date on which he commences work the Company, and who becomes a regular employee, shalljoin the Plan on the later of his date of hire or the day following termination of his previous coverage.
Section Conditions. The effectiveness of the consents, terms and conditions contained herein shall be subject to the satisfaction of each of the following conditions, in form and substance satisfactory to Lender:
5.1 Lender shall have received a true, complete and correct copy of each of the Exchange Offer Documents;
5.3 Lender shall have received and original of this Amendment No. 17, duly authorized, executed and delivered by Borrower and Guarantors;
5.5 Lender shall have received a Collateral Access Agreement duly executed and delivered by the New Note Trustee;
5.7 Lender shall have received, in form and substance satisfactory to Lender, evidence that the certificates of mergers with respect to the Merger have been filed with the Secretary of State of the State of Delaware;
5.9 the Consummation Date shall be not later than June 10, 2003;
5.11 as of the Consummation Date, holders of not less than ninety-five (95%) percent of the Senior Notes shall have tendered such Senior Notes in exchange for New Notes pursuant to the New Note Offering in accordance with the Exchange Offer Documents as in effect on the date hereof, and not withdrawn such tender; and
5.13 Lender shall have received true, complete and correct copies of the New Note Agreements not delivered on or prior to the date hereof.
5.15 Lender shall have received the amendment fee referred to in Section 8 hereof.
Section Conditions. The effectiveness of this Amendment is ---------- subject to the satisfaction of the following conditions precedent:
(a) Lender shall have received all of the following, each dated (unless otherwise indicated) the date of this Amendment, in form and substance satisfactory to Lender:
Section Conditions. Where the hours of of part-time employee exceeds eight hours in any one day O K hours in any one week, such employees shall be considered a probationary employee and the conditions of this Agreement shall then apply. Part-time employees will be limited to eight per day. Part-time employees will not be limited to hours in any one week when replacing absent employees and they not become probationary employees. Senior employees will be given preference on a replacement position exceeding one week.
Section Conditions. Any member of the Union who is a regular employee in the employ of the Company on the date of this Agreement shalljoin the Plan on the date of this Agreement. Any member of the Union who is hired by the Company after the effective date shall join the Plan on the day of the month immediately following that month in which the employee becomes a regular employee. If an employee whose coverage has been terminated due to lay-off is recalled and works a minimum of one shift, coverage for the weekly indemnity and long term disability benefits commence on the date of to work, and all other benefits will be as of the first day of the month in which return to work occurs.
