Conditions to Effectiveness Clause Example with 4 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 Agreement shall become effective as of the day and year set forth above (the “First Amendment Effective Date”) upon satisfaction (or waiver by Agent) of each of the following conditions (in each case, in form and substance reasonably acceptable to the Agent): (a) Executed Agreement. Agent shall have received this Agreement executed by a Senior Officer of each Obligor dated as of the First Amendment Effective Date. (b) Revolving Loan Amendment. Agent shall have received the First A...mendment to ABL Loan and Security Agreement executed by the Obligors, the Revolving Loan Agent and the Revolving Loan Lenders party thereto. (c) Intercreditor Agreement. Agent shall have received the First Amendment to Intercreditor Agreement executed by the Obligors, Agent and Revolving Loan Agent. (d) Fees and Expenses. Agent shall have received from Borrowers all other outstanding fees and expenses required to be paid on or prior to the First Amendment Effective Date and all fees and expenses incurred in connection with this Agreement required to be paid in accordance with the Loan Agreement. (e) No Default. Immediately prior to and immediately after giving effect to this Agreement, no Default or Event of Default exists. (f) Representations and Warranties. Immediately after giving effect to this Agreement (and deeming this Agreement to be a Loan Document), each of the representations and warranties contained in the Loan Agreement and the other Loan Documents is true and correct in all material respects (without duplication of any materiality qualifier contained therein), except to the extent such representations and warranties expressly relate to an earlier date (in which event such representations and warranties shall have been true and correct in all material respects (without duplication of any materiality qualifier contained therein) as of such earlier date).View More
Variations of a "Conditions to Effectiveness" Clause from Business Contracts
Conditions to Effectiveness. This Agreement shall become effective as of the day and year set forth above (the “First "Third Amendment Effective Date”) Date") upon satisfaction (or waiver by Agent) of each of the following conditions (in each case, in form and substance reasonably acceptable to the Agent): (a) Executed Agreement. Agent shall have received this Agreement executed by a Senior Officer of each Obligor dated as of the First Third Amendment Effective Date. Table of Contents (b) Revolving Loan Amendment. Agent sha...ll have received the First Third Amendment to ABL Loan and Security Agreement executed by the Obligors, the Revolving Loan Agent and the Revolving Loan Lenders party thereto. (c) Intercreditor Agreement. Agent shall have received the First Third Amendment to Intercreditor Agreement executed by the Obligors, Agent and Revolving Loan Agent. (d) [Reserved.] (e) Fees and Expenses. Agent shall have received from Borrowers all other outstanding fees and expenses required to be paid on or prior to the First Third Amendment Effective Date and all fees and expenses incurred in connection with this Agreement required to be paid in accordance with the Loan Agreement. (e) (f) No Default. Immediately prior to and immediately after giving effect to this Agreement, no Default or Event of Default exists. (f) (g) Representations and Warranties. Immediately after giving effect to this Agreement (and deeming this Agreement to be a Loan Document), each of the representations and warranties contained in the Loan Agreement and the other Loan Documents is true and correct in all material respects (without duplication of any materiality qualifier contained therein), except to the extent such representations and warranties expressly relate to an earlier date (in which event such representations and warranties shall have been true and correct in all material respects (without duplication of any materiality qualifier contained therein) as of such earlier date). View More
Conditions to Effectiveness. This Agreement shall become effective as of the day and year set forth above (the “First "Second Amendment Effective Date”) Date") upon satisfaction (or waiver by Agent) of each of the following conditions (in each case, in form and substance reasonably acceptable to the Agent): (a) Executed Agreement. Agent shall have received this Agreement executed by a Senior Officer of each Obligor dated as of the First Second Amendment Effective Date. (b) Revolving Loan Amendment. Agent shall have received... the First Second Amendment to ABL Loan and Security Agreement executed by the Obligors, the Revolving Loan Agent and the Revolving Loan Lenders party thereto. (c) Intercreditor Agreement. Agent shall have received the First Second Amendment to Intercreditor Agreement executed by the Obligors, Agent and Revolving Loan Agent. (d) Fee Letter. Agent shall have received the Amended and Restated Fee Letter executed by the Borrowers and Agent, dated as of the Second Amendment Effective Date (e) Fees and Expenses. Agent shall have received from Borrowers all other outstanding fees and expenses required to be paid on or prior to the First Second Amendment Effective Date and all fees and expenses incurred in connection with this Agreement required to be paid in accordance with the Loan Agreement. (e) (f) No Default. Immediately prior to and immediately after giving effect to this Agreement, no Default or Event of Default exists. (f) (g) Representations and Warranties. Immediately after giving effect to this Agreement (and deeming this Agreement to be a Loan Document), each of the representations and warranties contained in the Loan Agreement and the other Loan Documents is true and correct in all material respects (without duplication of any materiality qualifier contained therein), except to the extent such representations and warranties expressly relate to an earlier date (in which event such representations and warranties shall have been true and correct in all material respects (without duplication of any materiality qualifier contained therein) as of such earlier date). View More
Conditions to Effectiveness. This Agreement shall become effective as of the day and year set forth above (the “First Amendment Effective Date”) upon satisfaction (or waiver by Agent) of each of the following conditions (in each case, in form and substance reasonably acceptable to the Agent): (a) Executed Agreement. Agent shall have received this Agreement executed by a Senior Responsible Officer of each Obligor dated as of the First Amendment Effective Date. (b) Revolving Term Loan Amendment. Agent shall have received the ...First Amendment to ABL Loan and Security Agreement executed by the Obligors, the Revolving Term Loan Agent and the Revolving Term Loan Lenders party thereto. (c) Intercreditor Agreement. Agent shall have received the First Amendment to Intercreditor Agreement executed by the Obligors, ABL Agent and Revolving Term Loan Agent. (d) Fees and Expenses. Agent shall have received from Borrowers (i) an upfront fee equal to 0.25% of the Permanent Increase (which for the avoidance of doubt, shall equal $37,500), which fee shall be calculated based on each Lender’s final allocated portion of the Permanent Increase, shall be nonrefundable and fully earned when due, and shall be due and payable to the Agent for the account of the Lenders and (ii) all other outstanding fees and expenses required to be paid on or prior to the First Amendment Effective Date and all fees and expenses incurred in connection with this Agreement required to be paid in accordance with the Loan Agreement. (e) No Default. Immediately prior to and immediately after giving effect to this Agreement, no Default or Event of Default exists. (f) Representations and Warranties. Immediately after giving effect to this Agreement (and deeming this Agreement to be a Loan Document), each of the representations and warranties contained in the Loan Agreement and the other Loan Documents is true and correct in all material respects (without duplication of any materiality qualifier contained therein), except to the extent such representations and warranties expressly relate to an earlier date (in which event such representations and warranties shall have been true and correct in all material respects (without duplication of any materiality qualifier contained therein) as of such earlier date). View More
Conditions to Effectiveness. This Agreement shall become effective as of the day and year set forth above (the “First “Second Amendment Effective Date”) upon satisfaction (or waiver by Agent) of each of the following conditions (in each case, in form and substance reasonably acceptable to the Agent): (a) Executed Agreement. Agent shall have received this Agreement executed by a Senior Responsible Officer of each Obligor dated as of the First Second Amendment Effective Date. (b) Revolving Term Loan Amendment. Agent shall hav...e received the First Second Amendment to ABL Loan and Security Agreement executed by the Obligors, the Revolving Term Loan Agent and the Revolving Term Loan Lenders party thereto. (c) Intercreditor Agreement. Agent shall have received the First Second Amendment to Intercreditor Agreement executed by the Obligors, ABL Agent and Revolving Term Loan Agent. (d) Fees and Expenses. Agent shall have received from Borrowers (i) an upfront fee equal to 0.25% of the Permanent Increase (which for the avoidance of doubt, shall equal $25,000), which fee shall be calculated based on each Lender’s final allocated portion of the Permanent Increase, shall be nonrefundable and fully earned when due, and shall be due and payable to the Agent for the account of the Lenders and (ii) all other outstanding fees and expenses required to be paid on or prior to the First Second Amendment Effective Date and all fees and expenses incurred in connection with this Agreement required to be paid in accordance with the Loan Agreement. (e) No Default. Immediately prior to and immediately after giving effect to this Agreement, no Default or Event of Default exists. (f) Representations and Warranties. Immediately after giving effect to this Agreement (and deeming this Agreement to be a Loan Document), each of the representations and warranties contained in the Loan Agreement and the other Loan Documents is true and correct in all material respects (without duplication of any materiality qualifier contained therein), except to the extent such representations and warranties expressly relate to an earlier date (in which event such representations and warranties shall have been true and correct in all material respects (without duplication of any materiality qualifier contained therein) as of such earlier date). View More
