Conditions to Effectiveness Clause Example with 33 Variations from Business Contracts
This page contains Conditions to Effectiveness clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Conditions to Effectiveness. This Amendment shall become effective only upon satisfaction in full, in a manner satisfactory to the Collateral Agent, of the following conditions precedent (the first date upon which all such conditions shall have been satisfied being herein called the "Second Amendment Effective Date"): (a) Delivery of Documents. The Collateral Agent shall have received this Amendment duly executed and delivered by the Loan Parties, the Agents and the Lenders. (b) Representations and Warranties. The represent...ations and warranties contained in ARTICLE VI of the Financing Agreement (as amended hereby) and in each other Loan Document, certificate or other writing delivered to any Secured Party pursuant hereto or thereto on or prior to the Second Amendment Effective Date shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable any representations or warranties that already are qualified or modified as to "materiality" or "Material Adverse Effect" in the text thereof, which representations and warranties shall be true and correct in all respects subject to such qualification) on and as of the Second Amendment Effective Date as though made on and as of the Second Amendment Effective Date, except to the extent that any such representation or warranty expressly relates solely to an earlier date (in which case such representation or warranty shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations or warranties that already are qualified or modified as to "materiality" or "Material Adverse Effect" in the text thereof, which representations and warranties shall be true and correct in all respects subject to such qualification) on and as of such earlier date). 6 (c) No Default or Event of Default. After giving effect to this Amendment, no Default or Event of Default shall have occurred and be continuing on the Second Amendment Effective Date or would result from this Amendment becoming effective in accordance with its terms. (d) Payment of Fees, Etc. The Loan Parties shall have paid (i) an amendment fee to the Collateral Agent solely for its own account, in an amount equal to $50,000, which fee shall be deemed earned in full on the Second Amendment Effective Date and shall be non-refundable and (ii) all fees, costs and expenses then due and payable by the Loan Parties pursuant to the Loan Documents, including, without limitation, the Fee Letter and Sections 2.06 and 12.04 of the Financing Agreement.View More
Variations of a "Conditions to Effectiveness" Clause from Business Contracts
Conditions to Effectiveness. This Amendment shall become effective only upon satisfaction in full, in a manner reasonably satisfactory to the Collateral Origination Agent, of the following conditions precedent (the first date upon which all such conditions shall have been satisfied or waived being herein called the "Second Amendment Effective Date"): (a) Delivery of Documents. The Collateral Agent Agents shall have received this Amendment Amendment, duly executed and delivered by the Loan Parties, the Agents each Agent and ...the Required Lenders. (b) Representations and Warranties. The representations and warranties contained in ARTICLE this Amendment and in Article VI of the Financing Agreement (as amended hereby) and in each other Loan Document, certificate or other writing delivered to any Secured Party pursuant hereto or thereto on or prior to the Second Amendment Effective Date Document shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable applied to any representations or warranties that already are qualified or modified as to "materiality" or "Material Adverse Effect" in the text thereof, which representations and warranties shall be true and correct in all respects subject to such qualification) on and as of the Second Amendment Effective Date Date, after giving effect to this Amendment (including the waiver set forth in Section 3 hereof), as though made on and as of the Second Amendment Effective Date, except such date (unless such representations or warranties are stated to the extent that any such representation or warranty expressly relates solely relate to an earlier date (in date, in which case such representation or warranty representations and warranties shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable applied to any representations or warranties that already are qualified or modified as to "materiality" or "Material Adverse Effect" in the text thereof, which representations and warranties shall be true and correct in all respects subject to such qualification) on and as of such earlier date). 6 (c) No Default or Event of Default. After giving effect to this Amendment, no Default or Event of Default shall have occurred and be continuing on the Second Amendment Effective Date Date, after giving effect to this Amendment (including the waiver set forth in Section 3 hereof), or would result from this Amendment becoming effective in accordance with its terms. (d) Payment of Fees, Etc. The Loan Parties Borrowers shall have paid (i) an amendment fee to the Collateral Agent solely for its own account, in an amount equal to $50,000, which fee shall be deemed earned in full on or before the Second Amendment Effective Date and shall be non-refundable and (ii) all fees, costs and expenses then due and payable by the Loan Parties pursuant to the Loan Documents, Section 2.06 and Section 12.04, including, without limitation, the Fee Letter reasonable fees and Sections 2.06 and 12.04 expenses of Schulte Roth & Zabel LLP, counsel to the Financing Agreement. Origination Agent. View More
Conditions to Effectiveness. This Second Amendment shall become effective only upon satisfaction in full, in a manner satisfactory to the Collateral Agent, Agents, of the following conditions precedent (the first date upon which all such conditions shall have been satisfied being herein called hereinafter referred to as the "Second Amendment Effective Date"): (a) Delivery Payment of Documents. Fees, Etc. The Collateral Agent Borrowers shall have received this paid all fees and expenses required to be paid on or prior to the... Second Amendment duly executed and delivered by Effective Date pursuant to Section 2.06 or Section 12.04 of the Loan Parties, the Agents and the Lenders. Financing Agreement. (b) Representations and Warranties. The After giving effect to this Second Amendment and the transactions contemplated hereby, the representations and warranties contained herein, in ARTICLE Article VI of the Financing Agreement (as amended hereby) and in each other Loan Document, certificate or other writing delivered to any Secured Party pursuant hereto or thereto on or prior to the Second Amendment Effective Date shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations or and warranties that already are qualified or modified as to "materiality" or "Material Adverse Effect" by materiality in the text thereof, which representations and warranties shall be true and correct in all respects subject to such qualification) thereof) on and as of the Second Amendment Effective Date as though made on and as of the Second Amendment Effective Date, such date, except to the extent that any such representation or warranty expressly relates solely to an earlier date (in which case such representation or warranty shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations or and warranties that already are qualified or modified as to "materiality" or "Material Adverse Effect" by materiality in the text thereof, which representations and warranties shall be true and correct in all respects subject to such qualification) thereof) on and as of such earlier date). 6 (c) No Default or Default; Event of Default. After giving effect to this Amendment, Second Amendment and the transactions contemplated hereby, no Default or Event of Default shall have occurred and be continuing on the Second Amendment Effective Date or would result from this Second Amendment becoming effective in accordance with its terms. (d) Payment Delivery of Fees, Etc. Documents. The Loan Parties Agents shall have paid (i) an amendment fee to the Collateral Agent solely for its own account, in an amount equal to $50,000, which fee shall be deemed earned in full received on or before the Second Amendment Effective Date the following, each in form and shall be non-refundable and (ii) all fees, costs and expenses then due and payable substance reasonably satisfactory to the Agents and, unless indicated otherwise, dated the Second Amendment Effective Date: (i) this Second Amendment, duly executed by the Loan Parties pursuant Parties, each Agent and the Required Lenders; and (ii) a certificate signed by the chief executive officer of each Loan Party, dated as of the Second Amendment Effective Date, certifying as to the Loan Documents, including, without limitation, matters set forth in subsections (b) and (c) of this Section 5. (e) Material Adverse Effect. There shall not have occurred since the Fee Letter and Sections 2.06 and 12.04 of Effective Date (as defined in the Financing Agreement. Agreement) any event or development that has had or could reasonably be expected to have any Material Adverse Effect. View More
Conditions to Effectiveness. This Amendment shall become effective only upon satisfaction in full, full (or waiver by the Agents), in a manner satisfactory to the Collateral Agent, Agents, of the following conditions precedent (the first date upon which all such conditions shall have been satisfied being herein called the "Second "Seventh Amendment Effective Date"): (a) Delivery of Documents. The Collateral Agent Agents shall have received this Amendment Amendment, duly executed and delivered by the Loan Parties, the Agents... each Agent and the Lenders. each Lender. (b) Representations and Warranties. The representations and warranties contained in ARTICLE VI of this Amendment, in the Financing Agreement (as amended hereby) and in each other Loan Document, certificate or other writing delivered to any Secured Party Agent or any Lender pursuant hereto or thereto on or prior to the Second Amendment Effective Date shall be date hereof are true and correct in all material respects (except that such materiality qualifier shall not be applicable to any 3 representations or warranties that already are qualified or modified as to "materiality" materiality or "Material Adverse Effect" in the text thereof, which representations and warranties shall be true and correct in all respects subject to such qualification) on and as of the Second Seventh Amendment Effective Date as though made on and as of the Second Seventh Amendment Effective Date, except to the extent that any such representation or warranty expressly relates solely to an earlier date (in which case such representation or warranty shall be true and correct in all material respects respect on and as of such earlier date (except that such materiality qualifier shall not be applicable to any representations or warranties that already are qualified or modified as to "materiality" materiality or "Material Adverse Effect" in the text thereof, which representations and warranties shall be true and correct in all respects subject to such qualification) on and as of such earlier date). 6 qualification)). (c) No Default or Event of Default. After giving effect to this Amendment, no Default or Event of Default shall have occurred and be continuing on the Second Seventh Amendment Effective Date or would result from this Amendment becoming effective in accordance with its terms. (d) Payment of Fees, Etc. The Loan Parties Collateral Agent shall have determined, in its reasonable discretion, that no event or development shall have occurred since September 30, 2019 which could reasonably be expected to have a Material Adverse Effect. (e) The Borrowers shall have paid (i) an amendment fee to on or before the Collateral Agent solely for its own account, in an amount equal to $50,000, which fee shall be deemed earned in full on the Second Seventh Amendment Effective Date and shall be non-refundable and (ii) all fees, costs costs, expenses and expenses taxes then due and payable by the Loan Parties pursuant to Section 2.06 of the Loan Documents, including, without limitation, the Fee Letter Financing Agreement and Sections 2.06 and Section 12.04 of the Financing Agreement. (f) The Administrative Agent shall have received an amendment fee equal to $75,000, which the Borrowers acknowledge was fully earned and payable upon execution of this Amendment. View More
