Sixth Amendment Effective Date Clause Samples
The "Sixth Amendment Effective Date" clause establishes the specific date on which the sixth amendment to an agreement becomes legally binding and enforceable. This clause typically identifies a calendar date or a triggering event, such as the completion of certain conditions, that marks when the changes introduced by the sixth amendment take effect. By clearly defining the effective date, the clause ensures all parties are aware of when the amended terms apply, thereby preventing confusion or disputes regarding the timing of contractual obligations.
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Sixth Amendment Effective Date. This Amendment shall become effective as of the date first above written when and only when: (a) Administrative Agent shall have received all of the following, at Administrative Agent’s office, duly executed and delivered and in form, substance and date reasonably satisfactory to Administrative Agent:
(i) this Amendment, executed by the Borrower, the Guarantors, each of the Existing Lenders, New Lenders, the Administrative Agent, Issuing Bank, and Swingline Lender;
(ii) the Consent and Agreement attached to this Amendment executed by the Guarantors;
(iii) a Note for each New Lender requesting such a Note executed by the Borrower in favor of each such New Lender, each Note dated as of the Sixth Amendment Effective Date;
(iv) from the Borrower and the Guarantors, such certificates of secretary, assistant secretary, manager, or general partner, as applicable, as the Administrative Agent may reasonably require, certifying (i) resolutions of its board of directors, managers or members (or their equivalent) authorizing the execution and performance of this Amendment which such Person is executing in connection herewith, (ii) the incumbency and signature of the officer executing this Amendment, and (iii) there has been no change in such Person’s Organization Documents from the copies of such Person’s Organization Documents most recently delivered to the Administrative Agent and Lenders or attaching any amendments or restatements thereof;
(v) a certificate from Borrower (i) representing and warranting that, on and as of the Sixth Amendment Effective Date, before and after giving effect to the increase in Commitments resulting hereunder (A) no Default or Event of Default exists or would exist immediately after giving effect to the increase in the Commitments, (B) the representations and warranties contained in Article V and the other Loan Documents are true and correct in all material respects on and as of the Sixth Amendment Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct in all material respects as of such earlier date, and except that the representations and warranties contained in subsections (a) and (b) of Section 5.06 shall be deemed to refer to the most recent financial statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (C) all financial covenants in Section 7.15 would be satisfied on a pro forma basis as of the m...
Sixth Amendment Effective Date. This Amendment (and the amendments and modifications contained herein) shall become effective, and shall thereafter be referred to as the "Sixth Amendment", on the date (the "Sixth Amendment Effective Date") when all of the conditions set forth in this Subpart 3.1 have been satisfied.
Sixth Amendment Effective Date. This Amendment, and the amendments and modifications contained herein, shall be and become effective on the June 26, 1998 (the "Sixth Amendment Effective Date") when each of the conditions set forth in this Part shall have been fulfilled to the satisfaction of the Administrative Agent.
Sixth Amendment Effective Date. The date on which the conditions precedent to effectiveness to the Sixth Amendment have been satisfied or waived.
Sixth Amendment Effective Date. Section 1.01 Definitions is hereby amended by inserting the following definition thereto in proper alphabetical order as follows:
Sixth Amendment Effective Date. The amendment effected by paragraph 2 above shall become effective on March 31, 1998 (the "Sixth Amendment Effective Date"), subject to receipt by the Banks and Agent on or prior to the Sixth Amendment Effective Date of the following, each in form and substance satisfactory to the Banks, Agent and their respective counsel:
(a) This Amendment duly executed by Borrower, each Bank and Agent;
(b) Such other evidence as Agent or any Bank may reasonably request to establish the accuracy and completeness of the representations and warranties and the compliance with the terms and conditions contained in this Amendment.
Sixth Amendment Effective Date. This Sixth Amendment is effective as of December 1, 2016.
Sixth Amendment Effective Date. This Amendment (including the amendments to the Credit Agreement contained in Section 2 of this Amendment and the assignments and reallocations contained in Section 3 of this Amendment) shall be effective upon the satisfaction of the conditions precedent set forth in Section 6 hereof.
Sixth Amendment Effective Date. Upon completion of the conditions set forth in Section 3.01 of this Sixth Amendment, the effective date of this Sixth Amendment is deemed to be June 30, 2003, nunc pro tunc.
Sixth Amendment Effective Date. This Sixth 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 Sixth Amendment and the Term Note;
(ii) Borrower shall have delivered to Agent a properly executed Certificate of Secretary of Borrower together with a true and correct copy of the resolutions of Borrower’s Board of Directors authorizing or ratifying the execution, delivery and performance of this Sixth Amendment and the Term Note referred to in (i) above, the names of the officers authorized to sign this Sixth Amendment and said Term 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 13 of this Sixth Amendment;
(iv) Borrowers shall have delivered to Agent a payoff letter from the holders of the Indebtedness outstanding under the Term Loan Documents, which payoff letter shall be in form and substance acceptable to Agent; 8
(v) Agent shall have received Lien and UCC searches with respect to each Borrower and its assets, the results of which shall be satisfactory to Agent; and
(vi) No Default or Event of Default shall have occurred and be continuing. The date on which each of the foregoing conditions precedent is satisfied shall be referred to as the “Sixth Amendment Effective Date.”