Conditions to Effectiveness Contract Clauses (796)

Grouped Into 42 Collections of Similar Clauses From Business Contracts

This page contains Conditions to Effectiveness clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Conditions to Effectiveness. This Amendment shall become effective upon the satisfaction of the following conditions precedent on or before the Effective Date: a. Bank shall have received two (2) original counterparts of this Amendment executed by Borrower; and b. Bank shall have received such other documents, instruments and certificates as reasonably requested by Bank. Upon the satisfaction of the conditions set forth in this Section 6, this Amendment shall be effective as of the Effective Date.
Conditions to Effectiveness. This Amendment shall become effective upon the satisfaction of the following conditions precedent on or before the Effective Date: a. Bank shall have received two (2) original counterparts of this Amendment executed by Borrower; and b. Bank shall have received such other documents, instruments and certificates as reasonably requested by Bank. EIGHTH AMENDMENT TO LOAN AGREEMENT Page 5 Upon the satisfaction of the conditions set forth in this Section 6, this Amendment shall be effective as of the ...Effective Date. View More Arrow
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Conditions to Effectiveness. (a) This Amendment shall become effective upon the satisfaction of each of the following conditions precedent, each in form and substance acceptable to Agent: (i) Agent shall have received a fully executed copy of this Amendment in form and substance acceptable to Agent, together with such other documents, agreements and instruments as Agent may require or reasonably request; and (ii) No Default or Event of Default shall have occurred and be continuing on the date hereof or as of the date of the... effectiveness of this Amendment. View More Arrow
Conditions to Effectiveness. (a) This Amendment shall become effective upon the satisfaction of each of the following conditions precedent, each in form and substance acceptable to Agent: (i) Agent shall have received a fully executed copy of this Amendment in form and substance acceptable to Agent, together with such other documents, agreements agreements, opinions and instruments as Agent may require or reasonably request; (ii) Excess Availability shall be at least $15,000,000; (iii) Borrowers shall have paid all fees to ...Agent and (ii) the Lenders required under the Loan Documents; and (iv) No Default or Event of Default shall have occurred and be continuing on the date hereof or as of the date of the effectiveness of this Amendment. View More Arrow
Conditions to Effectiveness. (a) This Amendment Agreement shall become effective upon the satisfaction of each of the following conditions precedent, each in form and substance acceptable to Agent: (i) (a) Agent shall have received a fully executed copy of this Amendment Agreement in form and substance acceptable to Agent, together with such other documents, agreements Agent executed by Parent, Borrowers, Agent and instruments as Agent may require or reasonably request; Required Lenders; and (ii) (b) No Default or Event of ...Default shall have occurred and be continuing on the date hereof or as of the date of the effectiveness of this Amendment. Agreement. View More Arrow
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Conditions to Effectiveness. This Amendment shall become effective on the date (the "Fourth Amendment Effective Date") when each of the following conditions precedent has been fulfilled to the reasonable satisfaction of the Administrative Agent: a. Amendment. This Amendment shall have been duly executed and delivered by the Loan Parties, the Agents and the Lenders. b. Corporate Action. All action on the part of the Loan Parties necessary for the valid execution, delivery and performance by the Loan Parties of this Amendment... shall have been duly and effectively taken. The Administrative Agent shall have received such customary corporate resolutions, certificates and other customary corporate documents as the Administrative Agent shall reasonably request. -11- c. No Default. After giving effect to this Amendment, no Default or Event of Default shall have occurred and be continuing. d. Borrowing Base Certificate; Availability. The Agents shall have received a Borrowing Base Certificate dated the Fourth Amendment Effective Date, executed by a Financial Officer of the Lead Borrower. The Excess Availability under the Amended Credit Agreement on the Fourth Amendment Effective Date, after giving effect to any funding under the Amended Credit Agreement, shall be equal to or greater than $150,000,000 based on a Borrowing Base Certificate dated as of the Fourth Amendment Effective Date. e. Fees and Expenses. (i) The Administrative Agent and the Lenders shall have received all applicable fees and other amounts due and payable on or prior to the Fourth Amendment Effective Date, including without limitation, reasonable and documented attorneys' fees of one counsel, in connection with or relating to this Amendment shall have been reimbursed or paid, and (ii) all fees payable pursuant to the Fourth Amendment Fee Letter that are due and payable on the date hereof shall have been paid in full by the Borrowers in accordance with the terms thereof. f. Documents. The Administrative Agent shall have received the following executed Loan Documents: 1. a Note, or amended and restated Note, as applicable, executed by the Borrowers in favor of each Lender requesting a Note and reflecting the Commitment of such Lender after giving effect to this Amendment; and 2. the Fourth Amendment Fee Letter, duly executed by the Borrowers and the Administrative Agent. Without limiting the generality of the provisions of the last paragraph of Section 8.5 of the Amended Credit Agreement, for purposes of determining compliance with the conditions specified in this Section 9, each Lender that has signed this Amendment shall be deemed to have consented to, approved or accepted or to be satisfied with, each document or other matter required thereunder to be consented to or approved by or acceptable or satisfactory to a Lender unless the Administrative Agent shall have received notice from such Lender prior to the proposed Fourth Amendment Effective Date specifying its objection thereto. View More Arrow
Conditions to Effectiveness. This Amendment shall become effective on the date (the "Fourth "First Amendment Effective Date") when each of the following conditions precedent has been fulfilled to the reasonable satisfaction of the Administrative Agent: a. Amendment. a.Amendment. This Amendment shall have been duly executed and delivered by the Loan Parties, the Agents Agent, and the Lenders. b. Corporate b.Corporate Action. All action on the part of the Loan Parties necessary for the valid execution, delivery and performanc...e by the Loan Parties of this Amendment shall have been duly and effectively taken. The Administrative Agent shall have received such customary corporate resolutions, certificates and other customary corporate documents as the Administrative Agent shall reasonably request. -11- c. No c.No Default. After giving effect to this Amendment, no Default or Event of Default shall have occurred and be continuing. d. Borrowing d.Borrowing Base Certificate; Availability. The Agents Agent shall have received a Borrowing Base Certificate dated the Fourth First Amendment Effective Date, executed by a Financial Responsible Officer of the Lead Borrower. The Excess Availability under the Amended Credit Agreement on the Fourth First Amendment Effective Date, after giving effect to any funding under the Amended Credit Agreement, shall be equal to or greater than $150,000,000 $70,000,000 based on a Borrowing Base Certificate dated as of the Fourth First Amendment Effective Date. e. Fees -11- e.Fees and Expenses. (i) The Administrative Agent and the Lenders shall have received all applicable fees and other amounts due and payable on or prior to the Fourth First Amendment Effective Date, including without limitation, reasonable and documented attorneys' fees of one counsel, in connection with or relating to this Amendment shall have been reimbursed or paid, and (ii) all fees payable pursuant to the Fourth First Amendment Fee Letter that are due and payable on the date hereof shall have been paid in full by the Borrowers in accordance with the terms thereof. f. Documents. f.Documents. The Administrative Agent shall have received the following executed Loan Documents: 1. a Revolving Loan Note, or amended and restated Revolving Loan Note, as applicable, executed by the Borrowers in favor of each Revolving Loan Lender requesting a Revolving Loan Note and reflecting the Revolving Loan Commitment of such Revolving Loan Lender after giving effect to this Amendment; and 2. the Fourth First Amendment Fee Letter, duly executed by the Borrowers Lead Borrower and the Administrative Agent. Without limiting the generality of the provisions of the last paragraph of Section 8.5 9.04 of the Amended Credit Agreement, for purposes of determining compliance with the conditions specified in this Section 9, 9 each Lender that has signed this Amendment shall be deemed to have consented to, approved or accepted or to be satisfied with, each document or other matter required thereunder to be consented to or approved by or acceptable or satisfactory to a Lender unless the Administrative Agent shall have received notice from such Lender prior to the proposed Fourth First Amendment Effective Date specifying its objection thereto. View More Arrow
Conditions to Effectiveness. This Amendment shall become effective on the date (the "Fourth "Second Amendment Effective Date") when each of the following conditions precedent has been fulfilled to the reasonable satisfaction of the Administrative Agent: a. Amendment. a.Amendment. This Amendment shall have been duly executed and delivered by the Loan Parties, the Agents Administrative Agent and the Lenders. b. Corporate b.Lien Searches. The Administrative Agent shall have received the results of (i) searches of the UCC filin...gs (or equivalent filings) and (ii) tax lien searches, made with respect to the Loan Parties in, with respect to searches in respect of clause(i), the states or other jurisdictions of formation of such Persons and, with respect to searches in respect of clause (ii), such other locations as are satisfactory to the Administrative Agent, together with -8- DB1/ 125951804.6 copies of the financing statements (or, in the case of clause (ii), similar documents) disclosed by such searches. c.Corporate Action. All action on the part of the Loan Parties necessary for the valid execution, delivery and performance by the Loan Parties of this Amendment shall have been duly and effectively taken. The Administrative Agent shall have received such customary corporate resolutions, good standing certificates, other certificates and other customary corporate documents as the Administrative Agent shall reasonably request. -11- c. No d.No Default. After giving effect to this Amendment, no Default or Event of Default shall have occurred and be continuing. d. Borrowing e.Borrowing Base Certificate; Availability. The Agents Administrative Agent shall have received a an executed Borrowing Base Certificate dated as of the Fourth Second Amendment Effective Date, executed by a Financial Officer of relating to the Lead Borrower. fiscal month ending November 30, 2021. The Excess Availability under the Amended Credit Agreement on the Fourth Second Amendment Effective Date, Date after giving effect to any funding under the Amended Credit Agreement, shall be equal to or greater than $150,000,000 $200,000,000, based on a the Borrowing Base Certificate dated as of delivered on the Fourth Second Amendment Effective Date. e. Fees f.No Material Adverse Effect. No event shall have occurred after January 30, 2021 that could reasonably be expected to have a Material Adverse Effect on the Loan Parties, taken as a whole. g.Beneficial Ownership Certification. At least three (3) Business Days prior to the Second Amendment Effective Date, any Borrower that qualifies as a "legal entity customer" under the Beneficial Ownership Regulation shall deliver, to each Lender that so requests, a Beneficial Ownership Certification in relation to such Borrower. h.Fees and Expenses. (i) The Administrative Agent and the Lenders shall have received all applicable fees, including fees under the Fee Letter dated as of the Second Amendment Effective Date, and other amounts due and payable on or prior to the Fourth Second Amendment Effective Date, including without limitation, reasonable and documented attorneys' fees of one counsel, in connection with or relating to this Amendment shall have been reimbursed or paid, and (ii) all fees payable pursuant to the Fourth Amendment Fee Letter that are due and payable on the date hereof shall have been paid in full by the Borrowers in accordance with the terms thereof. f. Documents. paid. i.Documents. The Administrative Agent shall have received the following executed Loan Documents: 1. a Note, such other documents, agreements, or amended and restated Note, items as applicable, executed by the Borrowers in favor of each Lender requesting a Note and reflecting the Commitment of such Lender after giving effect to this Amendment; and 2. the Fourth Amendment Fee Letter, duly executed by the Borrowers and the Administrative Agent. Agent may reasonably request in order to effectuate, or in connection with, the transactions contemplated hereby. Without limiting the generality of the provisions of the last paragraph of Section 8.5 11.1 of the Amended Credit Agreement, for purposes of determining compliance with the conditions specified in this Section 9, 4, each Lender that has signed this Amendment shall be deemed to have consented to, approved or accepted or to be satisfied with, each document or other matter required thereunder to be consented to or approved by or acceptable or satisfactory to a Lender unless the Administrative Agent shall have received notice from such Lender prior to the proposed Fourth Second Amendment Effective Date specifying its objection thereto. View More Arrow
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Conditions to Effectiveness. This Amendment shall become effective upon the satisfaction of each of the following conditions precedent, each in form and substance acceptable to Agent: (a) Agent shall have received a fully executed copy of this Amendment; (b) after giving effect to this Amendment, the representations and warranties set forth in Section 6 below shall be true and correct in all respects; and (c) after giving effect to this Amendment, no Suspension Event or Event of Default shall have occurred and be continuing... on the date hereof or would result from the effectiveness of this Amendment. -3- 6. Representations and Warranties. In order to induce Agent and Lenders to enter into this Amendment, each Loan Party hereby represents and warrants to Agent and Lenders that, after giving effect to this Amendment: (a) all representations and warranties of the Loan Parties contained in the Agreement and the other Loan Documents are true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date hereof, as though made on and as of such date (except to the extent that such representations and warranties relate solely to an earlier date, in which case such representations and warranties were true and correct in all material respects on and as of such earlier date); (b) no Default or Event of Default has occurred and is continuing; and (c) this Amendment and the Agreement, as modified hereby, constitute legal, valid and binding obligations of each Loan Party and are enforceable against each Loan Party in accordance with their respective terms. View More Arrow
Conditions to Effectiveness. This Amendment shall become effective upon the satisfaction of each of the following conditions precedent, each in form and substance acceptable to Agent: (a) Agent shall have received a fully executed copy of this Amendment; Amendment (including the Consent and Reaffirmation attached hereto) in form and substance acceptable to Agent, together with such other documents, agreements and instruments as Agent may require or reasonably request; (b) Agent shall have received a fully executed copy of t...he Term Loan Amendment, in form and substance acceptable to Agent; (c) after giving effect to this Amendment, the representations and warranties set forth contained in Section 6 below this Amendment and in the Credit Agreement (as amended hereby) and each other Loan Document shall be true and correct in all respects; and (c) after giving effect to this Amendment, no Suspension Event or Event of Default shall have occurred and be continuing on the date hereof or would result from the effectiveness of this Amendment. -3- 6. Representations and Warranties. In order to induce Agent and Lenders to enter into this Amendment, each Loan Party hereby represents and warrants to Agent and Lenders that, after giving effect to this Amendment: (a) all representations and warranties of the Loan Parties contained in the Agreement and the other Loan Documents are true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date hereof, of this Amendment, in each case as though if made on and as of such date (except to the extent that such date, other than representations and warranties that expressly relate solely to an earlier date, in date (in which case such representations and warranties were true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of such earlier date); (b) (d) no Default or Event of Default has shall have occurred and is continuing; be continuing on the date hereof, after giving effect to the effectiveness of this Amendment; and (c) (e) all fees and out-of-pocket expenses required to be paid under the Credit Agreement, this Amendment and each other Loan Document (including the Agreement, as modified hereby, constitute legal, valid outstanding fees and binding obligations expenses of the Lenders and the Agent required to be paid hereunder, including without limitation, legal fees and expenses of Agent and the Lenders), shall have been paid by the Loan Parties, in each Loan Party case, to the extent such fees and are enforceable against each Loan Party in accordance with their respective terms. expenses have been invoiced to Borrowers at least one (1) Business Day prior to the date hereof. View More Arrow
Conditions to Effectiveness. This Amendment shall become effective upon the satisfaction of each of the following conditions precedent, each in form and substance acceptable to Agent: (a) precedent:(a) Agent shall have received a fully executed copy of this Amendment; Amendment executed and delivered by Agent, the Lenders and Borrower; and (b) after giving effect to this Amendment, the representations and warranties set forth in Section 6 below shall be true and correct in all respects; and (c) after giving effect to this A...mendment, no Suspension Event No Default or Event of Default shall have occurred and be continuing on the date hereof or would result from the effectiveness of this Amendment. -3- 6. continuing.6. Representations and Warranties. In order to induce Agent and the Lenders to enter into this Amendment, each Loan Party Borrower hereby represents and warrants to Agent and the Lenders that, after giving effect to this Amendment: (a) all that:(a) All representations and warranties of the Loan Parties contained in the Agreement and the other Loan Documents to which any Loan Party is a party are true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date hereof, as though made on and as of such date this Amendment (except to the extent that such representations and warranties expressly relate solely to an earlier date, in which case such representations and warranties were shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of such earlier date); (b) no date);(b) No Default or Event of Default has occurred and is continuing; and (c) this This Amendment and the Agreement, Loan Documents, as modified hereby, constitute legal, valid and binding obligations of each such Loan Party and are enforceable against each Loan Party in accordance with their respective terms. terms, except as enforcement may be limited by equitable principles or by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors' rights generally.7. Release. In consideration of the agreements of Agent and the Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, each Loan Party hereby releases and forever discharges Agent and the Lenders and their respective directors, officers, employees, agents, attorneys, affiliates, subsidiaries, successors and permitted assigns from any and all liabilities, obligations, actions, contracts, claims, causes of action, damages, demands, costs and expenses whatsoever (collectively "Claims"), of every kind and nature, however evidenced or created, whether known or unknown, arising prior to or on the date of this Amendment including, but not limited to, any Claims involving the extension of credit under or administration of this Amendment, the Credit Agreement or the Loan Documents, as each may be amended, or the obligations, liabilities and/or indebtedness incurred by Borrower or any other transactions evidenced by this Amendment, the Credit Agreement or the Loan Documents. View More Arrow
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Conditions to Effectiveness. The effectiveness of this Amendment shall be subject to the receipt by Agent of an original (or electronic copy) of this Amendment duly authorized, executed and delivered by Borrowers and Lenders.
Conditions to Effectiveness. The effectiveness of this Amendment shall be subject to the receipt by Agent Purchaser of an original (or electronic copy) of this Amendment duly authorized, executed and delivered by Borrowers and Lenders. Seller.
Conditions to Effectiveness. The effectiveness of this Amendment shall be subject to the receipt by the Company and the Agent of an original (or electronic copy) of this Amendment duly authorized, executed and delivered by Borrowers and Lenders. the New Secured Parties.
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Conditions to Effectiveness. (a) The Second Amendment shall become effective as of the Second Amendment Effective Date upon the satisfaction of all of the following conditions: (i) the Company shall have delivered to Agent an original (or electronic original via .pdf format) of this Second Amendment, duly executed by the Company; and (ii) each of the representations and warranties contained in this Second Amendment shall be true, correct and accurate as of the Second Amendment Effective Date (except to the extent such repre...sentations and warranties expressly refer to an earlier date, in which case they shall be true and correct in all material respects as of such earlier date). (b) The parties hereto specifically acknowledge and agree that: (i) the execution and delivery of this Second Amendment shall not be deemed to create a course of dealing or otherwise obligate Agent or Lenders to execute similar agreements under the same, similar or different circumstances in the future; and (ii) neither Agent nor any Lender has any obligation to further amend provisions of, or waive compliance with or consent to a departure from the requirements of, the Loan Agreement or any of the other Loan Documents. Except as expressly amended pursuant hereto, the Loan Agreement and each of the other Loan Documents shall remain unchanged and in full force and effect and are hereby ratified and confirmed in all respects, and the Collateral described in the Loan Documents shall continue to secure the Lender Indebtedness. View More Arrow
Conditions to Effectiveness. (a) The Second First Amendment shall become effective as of the Second First Amendment Effective Date upon the satisfaction of all of the following conditions: (i) the Company shall have delivered to Agent an original (or electronic original via .pdf format) of this Second First Amendment, duly executed by the Company; and (ii) each of the representations and warranties contained in this Second First Amendment shall be true, correct and accurate as of the Second First Amendment Effective Date (e...xcept to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct in all material respects as of such earlier date). (b) The parties hereto specifically acknowledge and agree that: (i) the execution and delivery of this Second First Amendment shall not be deemed to create a course of dealing or otherwise obligate Agent or Lenders to execute similar agreements under the same, similar or different circumstances in the future; and (ii) neither Agent nor any Lender has any obligation to further amend provisions of, or waive compliance with or consent to a departure from the requirements of, the Loan Agreement or any of the other Loan Documents. Except as expressly amended pursuant hereto, the Loan Agreement and each of the other Loan Documents shall remain unchanged and in full force and effect and are hereby ratified and confirmed in all respects, and the Collateral described in the Loan Documents shall continue to secure the Lender Indebtedness. View More Arrow
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Conditions to Effectiveness. This Amendment will be effective as of the Effective Date, but subject to satisfaction of each of the following conditions precedent: 4.1. Execution of Amendment Documents. The following documents (collectively, the "Amendment Documents") shall have been executed by the applicable parties and delivered to Lender, each in form and substance satisfactory to Lender: (a) this Amendment; (b) the Replacement Revolving Note; and (c) an amendment to the Security Instrument (mortgage) covering the Proper...ty to update the description of the indebtedness secured thereby. 4.2. Flood Hazard Determination. Lender shall have received evidence satisfactory to it that the Property is not located in an area designated by the Secretary of Housing and Urban Development as an area having special flood or mudslide hazards, and that flood hazard insurance is not required for any credit to be extended hereunder pursuant to any Applicable Law. 4.3. Legal Matters. All legal matters incident to this Amendment shall be satisfactory to Lender and its counsel. View More Arrow
Conditions to Effectiveness. This Amendment will be effective as of the Effective Date, but subject to satisfaction of each of the following conditions precedent: 4.1. 3.1 Execution of Amendment Documents. The following documents (collectively, the "Amendment Documents") shall have been executed by the applicable parties and delivered to Lender, each in form and substance satisfactory to Lender: (a) this Amendment; Amendment (including the Guarantor Acknowledgement and Ratification attached hereto); (b) the Replacement Revo...lving Note; and (c) an amendment to the Security Instrument (mortgage) covering the Property to update the description of the indebtedness secured thereby. 4.2. 3.2 Flood Hazard Determination. Lender shall have received evidence satisfactory to it that the Property is not located in an area designated by the Secretary of Housing and Urban Development as an area having special flood or mudslide hazards, and that flood hazard insurance is not required for any credit to be extended hereunder pursuant to any Applicable Law. 4.3. 3.3 Legal Matters. All legal matters incident to this Amendment shall be satisfactory to Lender and its counsel. View More Arrow
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Conditions to Effectiveness. This Amendment shall become effective when executed and delivered by each of the parties hereto.
Conditions to Effectiveness. This Second Amendment shall become effective when executed and delivered by each of the parties hereto.
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Conditions to Effectiveness. This Amendment will become effective on the date on which the following conditions have been satisfied or waived: (a) The representations and warranties of the Borrower in Section 4 of this Amendment shall be true and correct; (b) The Administrative Agent shall have received this Amendment, executed and delivered by the Borrower, the Guarantors, the Administrative Agent, and the Required Lenders; and (c) The Borrower shall have made, to the extent invoiced reasonably in advance of the effectiven...ess of this Amendment, reimbursement or payment of all costs and expenses required to be reimbursed or paid pursuant to Section 10.04 of the Credit Agreement, including but not limited to the fees and expenses of Andrews Kurth LLP and FTI Consulting. View More Arrow
Conditions to Effectiveness. This Amendment will become effective on as of September 6, 2016, upon the date on which satisfaction or waiver of the following conditions have been satisfied or waived: conditions: (a) The representations and warranties of the Borrower in Section 4 of this Amendment shall be true and correct; (b) The Administrative Agent shall have received this Amendment, executed and delivered by the Borrower, the Guarantors, the Administrative Agent, and the Required Lenders; and (c) The Borrower shall have ...made, to the extent invoiced reasonably in advance of the effectiveness of this Amendment, reimbursement or payment of all costs and expenses required to be reimbursed or paid pursuant to Section 10.04 of the Credit Agreement, including but not limited to the fees and expenses of Andrews Kurth LLP and FTI Consulting. View More Arrow
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Conditions to Effectiveness. This Amendment shall be effective as of the date first above written upon satisfaction of the following conditions precedent: (a) no Default or Event of Default shall exist; (b) the Lender shall have received counterparts of this Amendment duly executed by the Borrower and each Guarantor; (c) the Lender shall have received a counterpart of a Pledge Agreement, in the form attached hereto as Exhibit 1.01F, duly executed by M&I, together with any documents required to be delivered in connection the...rewith; (d) the Lender shall have received payment of all fees and reasonable, out of pocket expenses (including the reasonable fees and disbursements of Andrews Kurth LLP) due in connection with this Amendment; and (e) the Lender shall have received such other consents, approvals or documents as the Lender may reasonably request. View More Arrow
Conditions to Effectiveness. This Amendment shall be effective as of the date first above written upon satisfaction of the following conditions precedent: (a) no Default or Event of Default shall exist; (b) the Lender shall have received counterparts of this Amendment duly executed by the Borrower and each Guarantor; the Guarantors; (c) the Lender shall have received a counterpart of a Pledge Agreement, in the form attached hereto as Exhibit 1.01F, duly executed by M&I, together with any documents required to be delivered i...n connection therewith; (d) the Lender shall have received payment of all fees and reasonable, out of pocket expenses (including the reasonable fees and disbursements of Andrews Kurth LLP) due in connection with this Amendment; and (e) (d) the Lender shall have received such other consents, approvals or documents as the Lender may reasonably request. View More Arrow
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