Seventh Amendment Effective Date Sample Clauses
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Seventh Amendment Effective Date. The Seventh Amendment Effective Date (as defined in the Seventh Amendment) shall have occurred.
Seventh Amendment Effective Date. This Amendment shall become effective as of the date first above written when and only when Administrative Agent shall have received this Amendment, executed by the Borrower, Lenders comprising Required Lenders, the Administrative Agent, Issuing Bank, and Swingline Lender and the Consent and Agreement attached to this Amendment executed by the Guarantors.
Seventh Amendment Effective Date. Part II of this Amendment shall be and become effective as of the date first set forth above, subject to the conditions set forth in this Part III having been satisfied (it being understood and agreed that the remainder of this Amendment shall be effective upon the execution and delivery hereof by the parties hereto).
Seventh Amendment Effective Date. This Agreement shall become effective on August [9], 2021 (the “Seventh Amendment Effective Date”), subject solely to the satisfaction or waiver by each of the Revolving Lenders, the Letter of Credit Issuers, the Swingline Lender and the Administrative Agent of the following conditions precedent:
Seventh Amendment Effective Date. This Seventh Amendment may be executed in two or more counterparts, each of which shall be deemed an original and all of which shall together be deemed to constitute one agreement.
Seventh Amendment Effective Date. Upon completion of the conditions set forth in Section 3.01 of this Seventh Amendment, the effective date of this Seventh Amendment is deemed to be September 29, 2003, nunc pro tunc.
Seventh Amendment Effective Date. This Amendment shall become effective as of the first date (the “Seventh Amendment Effective Date”) on which each of the following conditions shall have been satisfied (or waived by the Required Lenders and the Administrative Agent):
(a) The Administrative Agent shall have received a counterpart signature page of this Amendment duly executed by each Obligor, the Administrative Agent and each Lender.
(b) The Administrative Agent shall have received the updated Schedules 1.1.178 (List of Guarantors), 2.1.6 (Litigation), 2.1.9 (Liens), 2.1.10 (Material Real Property), 2.1.13 (Intellectual Property), 2.1.14 (Compliance with Laws), 2.1.15 (Taxes), 2.1.20 (Licenses), 2.1.21 (Withholding of Taxes Etc.), 2.1.23 (Corporate Chart and Subsidiaries), 2.1.24 (Material Contracts), 2.1.25 (Existing Indebtedness), 2.1.26 (Bank Accounts Other than with the Bank of Montreal or Affiliates or other Lenders with More than US$15,000,000), 2.1.27 (Fiscal Year End) and 2.1.28 (Labour Matters).
(c) The Administrative Agent shall have received a certificate signed by a Responsible Officer of each Obligor (i) certifying that attached thereto are resolutions evidencing necessary corporate action on their part approving and authorizing the execution, delivery and performance of this Amendment and approving and authorizing the manner in which and by whom this Amendment are to be executed and delivered, and (ii) attaching signature and incumbency certificates of the Responsible Officers of such Obligor executing this Amendment.
(d) The Administrative Agent shall have received a certificate of status, compliance, good standing or like certificate with respect to each Obligor issued by the appropriate government officials of the jurisdiction of its incorporation or amalgamation, as applicable.
(e) All fees required to be paid on the Seventh Amendment Effective Date pursuant to that certain agency fee letter and amendment fee letter, each dated as of April 29, 2025, between the Borrowers and the Administrative Agent, shall have been paid.
(f) The Administrative Agent shall have received a favourable opinion of S▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ LLP, Canadian counsel to the Borrower, and S▇▇▇▇▇▇ ▇▇▇▇▇▇▇ & B▇▇▇▇▇▇▇ LLP, United States counsel to the Borrower, in form and substance acceptable to the Administrative Agent and the Lenders, addressed to the Administrative Agent, the Lenders and L▇▇▇▇▇▇’ Counsel; and
(g) On and as of the Seventh Amendment Effective Date the representations and warranties of the Obli...
Seventh Amendment Effective Date. This Seventh Amendment shall become effective upon satisfaction of each of the following conditions:
(i) Borrowers, Agent and Lenders shall have executed and delivered to each other this Seventh Amendment and the amended and restated Revolving Note in the form attached hereto as Exhibit 1.1 and the Equipment Loan Note in the form attached hereto as Exhibit 1.4;
(ii) Each Borrower shall have delivered to Agent a properly executed Certificate of Secretary of such Borrower together with a true and correct copy of the resolutions of such Borrower’s Board of Directors authorizing or ratifying the execution, delivery and performance of this Seventh Amendment, the amended and restated Revolving Note and the Equipment Note, the names of the officers authorized to sign this Seventh Amendment, the amended and restated Revolving Note and the Equipment Note and a sample of the true signature of each such officer;
(iii) Borrowers shall have paid to Agent for the ratable benefit of Lenders the amendment fee referred to in Section 15 of this Seventh Amendment;
(iv) No Default or Event of Default shall have occurred and be continuing; and
(v) Agent shall have received by 8/31/06 an updated appraisal of Borrowers’ Inventory in form and substance and from an appraiser acceptable to Agent. The date on which each of the foregoing conditions precedent is satisfied shall be referred to as the “Seventh Amendment Effective Date.” Promptly after the Seventh Amendment Effective Date, Bank of America, N.A. shall return the Revolving Note previously delivered to it pursuant to the Loan Agreement marked “Amended and Superceded.”
Seventh Amendment Effective Date. 4 Stockholders...........................................................4
