COMMENCEMENT; CONDITIONS Clause Samples

COMMENCEMENT; CONDITIONS. The obligation of any Agent, as agent of the Company, at any time to solicit offers to purchase the Notes, the obligation of any Agent to purchase Notes as principal pursuant to any Terms Agreement or otherwise, and the obligation of any other purchaser to purchase Notes hereunder or under any Terms Agreement shall in each case be subject: (1) to the condition that all representations and warranties of the Company herein are accurate as of each time specified in the initial paragraph of Section 1, as applicable, (2) that all statements of officers of the Company made in any certificate furnished pursuant to the provisions hereof are accurate (x) in the case of an Agent’s obligation to solicit offers to purchase Notes, at and as of the time of such solicitation and (y) in the case of any Agent’s or any other purchaser’s obligation to purchase Notes, at and as of the time the Company accepts the offer to purchase such Notes and, as the case may be, at and as of the related Time of Delivery or time of purchase; (3) to the condition that at or prior to such solicitation, time of acceptance, Time of Delivery or time of purchase, as the case may be, the Company shall have complied with all its agreements and all conditions on its part to be performed or satisfied hereunder; and (4) to the following additional conditions when and as specified: (a) Prior to such solicitation or corresponding Time of Delivery or time of purchase, as the case may be: (i) the Prospectus as amended or supplemented (including, if applicable, the Pricing Supplement) with respect to such Notes shall have been filed with the Commission pursuant to Rule 424(b) under the Securities Act within the applicable time period prescribed for such filing by the Securities Act; no stop order suspending the effectiveness of the Registration Statement shall have been issued and no proceeding for that purpose shall have been initiated or threatened by the Commission; (ii) there shall not have occurred any downgrading, nor shall any notice have been given of (A) any intended or potential downgrading or (B) any review or possible change that does not indicate an improvement, in the rating accorded any securities of or guaranteed by the Company by any “nationally recognized statistical rating organization,” as that term is defined by the Commission for purposes of Section 3(a)(62) of the Exchange Act; (iii) there shall not have occurred any change or any development in or affecting particularly the busines...

COMMENCEMENT; CONDITIONS. So long as no Event of Default shall have occurred which has not been waived in writing by all of the Banks, the Applicable LIBOR Margin shall be calculated as herein specified as of the Closing Date and effective as of the first day of the Fiscal Quarter (each an "Margin Adjustment Date") during which the Agent shall have received (A) financial statements required by Sections 0, 0 or 0, as the case may be, for the period ending as of the last day of the Fiscal Quarter or Fiscal Year immediately preceding such Margin Adjustment Date (each a "Determination Date") and (B) a certificate complying with Section 0 certifying the Borrower's Consolidated Funded Debt to EBITDA Ratio as of any such Determination Date.

COMMENCEMENT; CONDITIONS. So long as no Event of Default shall have occurred which has not been waived in writing by all of the Banks, the Applicable Margin shall be calculated as herein specified as of the Closing Date and as of the first day of each July and January occurring during any Fiscal Year commencing January 1, 1999 (each a "Margin Adjustment Date"), commencing after the date the Agent shall have received: (A) in respect of any Margin Adjustment Date made as of any first day of January, financial statements required by Sections 8.1(a) and 8.1(b) for the Fiscal Month ending on June 30 of immediately preceding Fiscal Year during which such Margin Adjustment Date is occurring (each a "January Determination Date") or (B) in respect of any Margin Adjustment Date made as of any first day of July, financial statements required by Sections 8.1(a) and 8.1(c) for the Fiscal Year immediately preceding the Fiscal Year during which such Margin Adjustment Date is occurring (each, together with each January Determination Date, a "Determination Date") and (C) in each case, a certificate complying with Section 8.1

COMMENCEMENT; CONDITIONS. The Applicable LIBOR Percentage shall be adjusted as herein specified as of the first day of the Commitment Period and thereafter as of each Interest Adjustment Date, commencing with the Interest Adjustment Date on April 1, 2005, by reference to (A) the financial statements required by Section 8.1(a) or Section 8.1(b) for the period ending as of the Interest Determination Date for such Interest Adjustment Date and (B) a certificate complying with Section 8.l(c)(ii) certifying the Net Leverage Ratio as of such Interest Determination Date.

COMMENCEMENT; CONDITIONS. So long as no Event of Default shall have occurred which has not been waived in accordance with Section 13.1 of this Agreement, the Revolving Credit Alternate Base Rate Margin and the Revolving Credit LIBOR Margin, as the case may be, shall be as herein specified as of the Restatement Date and thereafter adjusted as of the first Business Day of April, June, September, and December occurring during any Fiscal Year, commencing on June 1, 2003 (each such date being herein referred to as a "Margin Adjustment Date"), so long as prior to each such Margin Adjustment Date the Administrative Agent shall have received: (A) the financial statements required by Section 6.1(a) for the Fiscal Quarter ending immediately prior to such Margin Adjustment Date, or where the Fiscal Quarter ending immediately prior to such Margin Adjustment Date is a Fiscal Year end, the financial statements required by Section 6.1(b) for such Fiscal Year ending immediately prior to such Margin Adjustment Date (each such Fiscal Quarter End and Fiscal Year end, a "Margin Determination Date") and (B) a certificate complying with Section 6.1(c) hereof certifying International's and its Subsidiaries' Consolidated Funded Debt to EBITDA Ratio for the Cumulative Four Quarter Period ending on each such date, beginning with the receipt of the March 31, 2003 required financial statement and certificate.

COMMENCEMENT; CONDITIONS. This agreement shall commence forthwith upon satisfaction of both of the following conditions: (a) the parties agreeing in writing the form of the Company Articles and the Subsidiary Articles; and (b) the Takeover Offer becoming unconditional in all respects in accordance with its terms.

COMMENCEMENT; CONDITIONS. The obligation of BidCo to make the Offer (het bod uitbrengen) shall be subject to the satisfaction or waiver, as the case may be, in accordance with this Merger Protocol, of the conditions set forth in this Clause 4.1 (the Commencement Conditions):

COMMENCEMENT; CONDITIONS. Commencement of the prefabricated load bearing stressed skin panels with wood– GREEN PANEL SIP shall be made in compliance with the manufacturer’s recommendations and the execution design. Upon commencement, there will be verified: - if the panels fixing anchors onto the foundation base plate were gripped; - if the panels were mounted according to the shop drawings, especially within the joinery gaps area; - the panels fixing method; - the smoothness, verticality and dimensions of the panel joints; - application of the protection and finishing layers on panel faces. Upon works execution there will be taken preventive measures against products humidification, both during transportation, storage, handling and during the application process. Upon commencement there will be considered the provisions in the following Romanian technical documents: - C 300-94 “Normative deed for fire prevention and extinction during construction works and afferent installations execution”; - “Regulation on labor protection in constructions”;

COMMENCEMENT; CONDITIONS. So long as no Event of Default shall have occurred which is continuing and has not been waived in accordance with Section 15.1 hereof, the Applicable Margin shall be calculated as herein specified as of the Closing Date and as of the first day of each calendar month commencing on and after the Administrative Agent shall have received the Borrower's annual audited financial statements for Fiscal Year ending December 31, 2001 (each such date, a "Margin Adjustment Date"), based upon the average Excess Availability for the Fiscal Month immediately preceding such Margin Adjustment Date; PROVIDED, HOWEVER, that, on each such Margin Adjustment Date, the Administrative Agent shall have received a certificate complying with Section 8.1(d)(iv) hereof certifying that, as of such Margin Adjustment Date, all accounts payable of the Borrower and the Subsidiary Guarantors are being paid on a timely basis consistent with past practices and within stated terms (except to the extent other arrangements are consistent with past practices) and EXCEPT where the Borrower or Subsidiary Guarantor is in good faith exercising set off rights as to such Account or alleging a dispute with respect to such Account.