The Expansion Facility Effective Date Clause Samples

The Expansion Facility Effective Date. This Agreement and the obligations of the Lenders participating in the Accordion Increase to effect any Accordion Increase hereunder shall not become effective until the date on which each of the following conditions is satisfied (or waived by each Lender providing an Accordion Increase): (a) The Administrative Agents (or their counsel) shall have received from Borrowing Agent a request in form reasonably satisfactory to Administrative Agents to effect any Accordion Increase. (b) New or existing Lenders have been identified and fees (if any) to such Lenders providing the Accordion Increase have been paid. (c) The Administrative Agents have received if requested by Administrative Agents or required by the Lenders participating in the Accordion Increase, in form and substance reasonably acceptable to them, a fully executed copy of such reaffirmation of, amendment to, or amended and restated Security Agreements, Pledge Agreements (described in clause (i) through (iii) of the definition thereof), Parent Guarantor Guarantee Agreement, and Subsidiary Guarantee Agreement. (d) The Administrative Agents shall have received, if requested by Administrative Agents or required by the Lenders participating in the Accordion Increase, a favorable written opinion (addressed to the Administrative Agents and the Lenders and dated the effective date of the applicable Accordion Increase) of Skadden, Arps, Slate, M▇▇▇▇▇▇ & F▇▇▇ LLP, special New York counsel for the Resellers, in form and substance reasonably satisfactory to the Administrative Agents and covering such matters relating to the Resellers and the Loan Documents as the Administrative Agents shall reasonably request. (e) The Administrative Agents shall have received the agreements, documents and instruments set forth in Exhibit C hereto as may be requested by Administrative Agents or required by the Lenders. (f) The Lenders participating in the Accordion Increase shall have received all documentation and other information required by bank regulatory authorities under applicable “know your customer” and anti-money laundering rules and regulations, including the U.S.A. Patriot Act as may be requested by Administrative Agents or required by the Lenders participating in the Accordion Increase.