Upon the Effective Date. Said Release as explained above shall be in effect upon the Effective Date of this Settlement, and:
a. The Settlement Agreement shall be exclusive remedy for any and all Released Claims of Settlement Class Members;
b. The Released Parties shall not be subject to liability or expense of any kind to any Settlement Class Members or their successors, predecessors, or assigns except as set forth herein;
Upon the Effective Date. This Settlement Agreement shall be the exclusive remedy for any and all Released Claims of Class Members.
Upon the Effective Date. Section 1.2 of the Loan Agreement shall automatically (and without further action) be deleted in its entirety and the following inserted in lieu thereof: "
Upon the Effective Date. (a) the Settlement Agreement shall be the exclusive remedy for any and all Released Claims of Settlement Class Members; and (b) the Settlement Class Members shall be permanently barred and enjoined from initiating, asserting, or prosecuting against the Released Parties in any federal or state court or tribunal any and all Released Claims.
Upon the Effective Date and notwithstanding any contrary provision of this Agreement (i) each such Eligible Assignee shall become a party to this Agreement, and thereafter shall have all of the rights and obligations of a Lender hereunder, (ii) each such Eligible Assignee or Lender shall simultaneously pay to Administrative Agent, for distribution to the Lenders whose Pro Rata Shares of the combined Commitments of all of the Lenders have decreased as a result of the new Commitment of such Eligible Assignee or the increased Commitment of such Lender, an amount equal to the product of such Eligible Assignee's Pro Rata Share (or the increase in such Lender's Pro Rata Share), expressed as a decimal, multiplied by the aggregate outstanding principal amount of the Loans on the date of determination, and (iii) each such Eligible Assignee or Lender shall thereafter be obligated to make its Pro Rata Share of Borrowings to Borrower up to and including the amount of such Eligible Assignee's or Lender's Pro Rata Share of the increased Maximum Commitment Amount, on the terms and subject to the conditions set forth in this Agreement.
Upon the Effective Date. [i] the provisions of Articles 1 through 7 of this Joinder Agreement shall become effective and modify or supersede and replace the applicable provisions of the Loan Agreement and the other Loan Documents recited as being modified by them and each of the Joined Entities shall be joined as a party to the Loan Agreement, the Note, and the Security Agreement, and [ii] the provisions of Articles 8 and 9 of this Joinder Agreement shall become effective and modify or supersede and replace the applicable provisions of the Loan Agreement and the other Loan Documents recited as being modified by them or waive compliance with certain provisions of the Loan Agreement and the other Loan Documents for the period set forth herein. From and after the Effective Date each reference to the "Loan Agreement" and the "Loan Documents" or words of like import shall mean and be deemed a reference to, as applicable, the Loan Agreement and Loan Documents as modified by this Joinder Agreement but, except as modified by this Joinder Agreement and the other Joinder Agreement Documents, the Loan Agreement and the other Loan Documents shall remain in full force and effect in the same form as existed immediately prior to the Effective Date.
Upon the Effective Date. Section 7.1 of the Loan Agreement shall be amended and restated in its entirety as follows:
Upon the Effective Date the provisions of Article 1 of this Agreement shall become effective and modify or supersede and replace the applicable provisions of the Loan Agreement recited as being modified by them. From and after the Effective Date each reference to the "Loan Agreement" shall mean and be deemed a reference to the Loan Agreement as modified by this Agreement but, except as modified by this Agreement, the Loan Agreement shall remain in full force and effect in the same form as existed immediately prior to the Effective Date.
Upon the Effective Date. (i) the Settlement Agreement shall be the exclusive remedy for any and all Released Claims of Settlement Class Members; (ii) the Released Parties shall not be subject to liability or expense of any kind to any Settlement Class Members or their successors, predecessors or assigns except as set forth herein; and (iii) Settlement Class Members and their successors, predecessors and assigns shall be permanently barred from initiating, asserting, or prosecuting any and all Released Claims against any Released Party in any federal or state court in the United States or any other tribunal. As set forth above, Class Counsel shall be paid their Court-approved attorneys’ fees and costs within ten (10) days of the Effective Date, or by some other date as affixed by the Court.
Upon the Effective Date. 1. the respective, assets of the New Mexico Corporation and the Delaware Corporation shall be taken up or continued on the books of the Surviving Corporation in the amounts at which such assets shall have been carried on their respective books immediately prior to the Effective Date, except those assets which are shares to be cancelled as provided herein;
2. the respective liabilities and reserves of the New Mexico Corporation and the Delaware Corporation (excluding capital stock, paid-in surplus and retained earnings) shall be taken up or continued on the books of the Surviving Corporation in the amounts at which such liabilities and reserves shall have been carried on their respective books immediately prior to the Effective Date; and
3. the capital stock, paid-in surplus and retained earnings of the New Mexico Corporation shall be taken up on the books of the Surviving Corporation as capital stock, paid-in surplus and retained earnings, respectively, in the amounts at which the same shall be carried on the books of the New Mexico Corporation immediately prior to the Effective Date, except with respect to shares to be cancelled as provided herein.
