Condition to Effectiveness of Agreement. This Agreement shall not be binding or effective until properly executed and delivered by both Seller and Buyer.
Condition to Effectiveness of Agreement. For the avoidance of doubt, the amendments to the Warrant Agreement set forth in this Agreement will become effective if and when, and only if, the Merger (defined above) is consummated on the Closing Date, as such term shall be defined in the Merger Agreement; provided, that the Company hereby agrees to provide written notice to the Warrant Agent of the pending consummation of the Merger at least three (3) Business Days (as defined in the Warrant Agreement) prior to the anticipated Closing Date, and to thereafter confirm in writing to the Warrant Agent the Merger has been consummated, and that the amendments to the Warrant Agreement set forth herein have become effective. The Warrant Agent shall be fully protected in relying on any such notice or statement therein contained and shall have no duty or liability with respect to, and shall not be deemed to have knowledge of the Merger unless and until it shall have received such notice. The parties hereto acknowledge and agree that if the Merger is not consummated, the amendments to the Warrant Agreement set forth in this Agreement will not come into effect.
Condition to Effectiveness of Agreement. The obligations and rights of the parties hereunder shall be subject to, and conditioned upon, the closing of the transaction contemplated by the Settlement Agreement.
Condition to Effectiveness of Agreement. The effectiveness of this Agreement is conditioned upon the execution of the Amended and Restated Master Lease Agreement in the form attached hereto as Exhibit “I” no later than five (5) Business Days after the Effective Date. (signature page follows) 43
Condition to Effectiveness of Agreement. If all Tenant’s obligations set forth in Paragraph 6 and elsewhere in this Agreement are not fully satisfied as and when required under this Agreement (time being of the essence with respect to the performance thereof), then this Agreement shall, at Landlord’s option, be null and void, in which event the Lease shall remain in effect and unaffected by this Agreement. EXECUTED by Landlord and Tenant as of the Reference Date. LANDLORD: TRIZEC PARTNERS REAL ESTATE, L.P., a Delaware limited partnership By: THOPI TRS, Inc., a Delaware corporation, as general partner By: /s/ Xxxx X. Xxxxx Xxxx X. Xxxxx, Vice President By: /s/ Xxxxxx X. Xxxxxxxxxx Xxxxxx X. Xxxxxxxxxx, Assistant Secretary TENANT: THE VIALINK COMPANY, a Delaware corporation By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: SVP & CFO
Condition to Effectiveness of Agreement. The Parties acknowledge and agree that it is an express condition to the effectiveness of this Agreement that the PEOPLES AGREEMENT shall have been terminated, and that this Agreement shall not become effective unless and until the PEOPLES AGREEMENT shall have been terminated. Immediately upon termination of the PEOPLES AGREEMENT, ADVANCE AMERICA will deliver to BANK written notice that such termination has occurred. In no event shall ADVANCE AMERICA deliver said written notice later than February 28, 2003.
Condition to Effectiveness of Agreement. The consent of Norstan's principal lender to the transactions contemplated by this Agreement is a condition precedent to its effectiveness and enforceability. In the event that such consent is not obtained on or before February 2, 2001, this Agreement shall not become effective or enforceable, and within five days thereafter, the escrow agent referred to in §2(d) shall release to the parties the documents and funds held in the escrow account in compliance with the terms of the Escrow Agreement. Upon receipt of the $3 million cash refunded from the escrow account, Buyer shall immediately repay Buyer's $2.5 million loan from Connaissance.
Condition to Effectiveness of Agreement. This Agreement shall become effective upon the date the Company issues for cash consideration not less than $1,700,000 of its 2010 Notes (“Effective Date”). The Company shall provide Holders with written notice of the Effective Date.
Condition to Effectiveness of Agreement. This Agreement shall be void ab initio if Interconnection Customer is not afforded all rights and privileges to contest any purported violation or sanctions before WECC, NERC, the Federal Energy Regulatory Commission or any court of competent jurisdiction, which rights and privileges to contest any violation or sanction would be available to Transmission Owner if the act(s) constituting the purported violation had been taken by Transmission Owner.
Condition to Effectiveness of Agreement. Contemporaneously with the restructuring of the Credit Agreement, as defined below: (a) the Bank Group shall execute and deliver to Xxxxxxx and Castle an instrument evidencing the consent of the Bank Group to Castle entering into this Agreement and performing its undertakings hereunder and the Bank Group agreeing to the Tolling Provisions contained in Paragraphs 3 and 6 of this Agreement and (b) Castle shall make the initial $100,000 payment to Xxxxxxx required by Paragraph 2(a) above. For the purposes of this Agreement, the "Bank Group" shall mean: Bank of America, N. A., as Agent for the Bank Group, Banc of America Strategic Solutions, Inc., Fleet National Bank, Amsouth Bank and Xxxxxx Financial, Inc. as lenders under that certain Amended and Restated Credit Agreement dated December 18, 1998 as amended on July 20, 1999, September 30, 1999, October 31, 1999 and January 31, 2000 (the "Credit Agreement"). Notwithstanding anything to the contrary herein, this Agreement shall be void and of no effect if the restructuring of the Credit Agreement has not been fully executed and effective, the initial $100,000 payment has not been paid, and this Agreement has not otherwise become effective, on or before July 31, 2002.
