Conditions of Effectiveness of this Agreement Sample Clauses
Conditions of Effectiveness of this Agreement. This Agreement shall become effective (the “Effective Date”) immediately when the following conditions shall have been satisfied:
(a) The Obligors and the Sprott Lender Parties shall have signed a counterpart of this Agreement;
(b) The Agent shall have received (i) a certificate of good standing with respect to each Obligor from the Secretary of State (or other similar official) of the jurisdiction of its incorporation; (ii) a certificate of a senior officer of each Obligor, dated the Effective Date, addressed to each Sprott Lender Party, in form and substance reasonably acceptable to the Agent, certifying as to the incumbency and specimen signature of each officer of such Obligor executing this Agreement or any other document delivered in connection with this Agreement on its behalf and attaching (x) a true and complete copy of articles, by-laws and any other charter documents of such Obligor, including all amendments thereto, as in effect on the Effective Date, and (y) a true and complete copy of resolutions duly adopted by its board of directors or shareholders, as the case may be, of such Obligor authorizing the execution, delivery and performance of this Agreement and approving all matters contemplated by this Agreement; and (iii) an opinion of legal counsel to each Obligor addressed to each Sprott Lender Party, in form and substance reasonably acceptable to the Agent, relating to the status and capacity of such Obligor, the due authorization, execution and delivery and validity and enforceability of this Agreement and the Existing Loan Agreement, as amended by this Agreement, and such other matters as the Agent may reasonably request;
(c) The intercreditor agreement (the “Intercreditor Agreement”) among Sprott Private Resource Streaming and Royalty (US Collector), LP as agent for the Sprott Entities, the Security Agent, Monetary Metals Bond III LLC, Minewater Finance LLC, Minewater LLC, MW HH LLC and the Obligors shall have been executed and delivered by the parties;
(d) The initial tranche of the financing contemplated under the Note Purchase Agreement has closed or will close concurrently with delivery of the conditions set forth in Sections 4(b) and 4(c) on the Effective Date; and
(e) All costs and expenses of the Sprott Entities relating to this Agreement, the other Project Finance Documents and the Intercreditor Agreement and the transactions contemplated thereunder (including reasonable fees and expenses of their legal counsel) have been paid i...
Conditions of Effectiveness of this Agreement. The effectiveness of this Amendment is expressly conditioned upon satisfaction of each of the following conditions precedent:
Conditions of Effectiveness of this Agreement. This Agreement shall become effective as of the first date (the "EFFECTIVE DATE") that (i) the Agent and the Borrower shall have received counterparts of this Agreement executed by the Borrower, each Guarantor, the Agent and the Required Lenders and (ii) each of the following conditions precedent shall have been satisfied:
(a) The Borrower shall have paid to the Agent, for the benefit of each of the Lenders listed in Schedule I hereto, an aggregate principal amount of $50,000,000; such amount being a voluntary repayment of an aggregate principal amount of $50,000,000 of the Advance.
(b) No event shall have occurred and be continuing that constitutes a Default, other than the Existing Defaults.
(c) Verizon shall have executed and delivered a standstill agreement, in form and substance satisfactory to the Agent, agreeing to forbear from taking actions of the type specified in Section 3(d) for so long as the standstill provisions under Section 1 (and Section 5, if applicable), and the waiver in Section 6, are in full force and effect.
Conditions of Effectiveness of this Agreement. This Agreement shall become effective as the date first written above (the “Effective Date”) upon the Administrative Agent’s receipt of (a) counterparts of this Agreement duly executed each EaglePicher Party, the Committed Purchaser, the Collateral Agent and the Administrative Agent and (b) an amendment fee in an amount equal to $100,000 in immediately available funds (which shall be fully earned and non-refundable as of the date paid).
Conditions of Effectiveness of this Agreement. This Agreement shall become effective as of the date hereof (the “Effective Date”) when, and only when:
(a) The Agent shall have received counterparts of this Agreement duly executed and delivered by the Borrowers and the Accounts Bank;
(b) The Agent shall have received the Initial 13-Week Cash Flow Forecast and 52-Week Cash Flow Forecast, each in a format acceptable to the Agent;
(c) The Agent shall have received an agreement, in form and substance satisfactory to the Agent, pursuant to which Wachovia, as agent, and the other lenders have agreed to forbear from exercising their rights against Pacific Ethanol Inc. (“PEI”) and Kinergy Marketing, LLC (“Kinergy”) pursuant to the terms of their financing arrangements with PEI and Kinergy for such forbearance period and such forbearance shall be in full force and effect;
(d) All of the representations and warranties of the Borrowers contained in this Agreement shall be true and correct on and as of the Effective Date (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true and correct as of such earlier date); and
(e) The Agent shall have received payment in full of all fees and expenses due and payable in accordance with the terms of this Agreement and the Credit Agreement (including reasonable and documented legal fees and expenses of the Agent’s counsel and other advisors).
Conditions of Effectiveness of this Agreement. This Agreement shall become effective on the date when the following conditions shall have been satisfied or waived (such date, the “First Amendment Effective Date”):
Conditions of Effectiveness of this Agreement. The Amended and Restated Credit Agreement attached hereto as Exhibit A shall become effective as of the first date on which each of the following conditions shall have been satisfied, which is June 14, 2018 (the “Restatement Effective Date”):
Conditions of Effectiveness of this Agreement. The effectiveness of this Agreement is subject to the fulfillment to Bank's satisfaction of all of the following conditions:
Conditions of Effectiveness of this Agreement. This Agreement shall become effective on the date when the following conditions shall have been satisfied or waived (such date, the “Amendment Effective Date”):
(a) the Administrative Agent’s receipt of this Agreement, duly executed by a Responsible Officer of the Borrower, Lenders constituting Required Lenders, the Administrative Agent and Sustainability Structuring Agent, which shall be originals or facsimiles (followed promptly by originals) unless otherwise specified;
(b) payment of all reasonable and documented fees and expenses of the Administrative Agent required to be paid on the Amendment Effective Date, including, but not limited to, the legal fees and expenses of McGuireWoods LLP, as legal counsel for the Administrative Agent, to the extent that invoices therefor have been provided to the Borrower prior to the Amendment Effective Date; and
(c) no Default or Event of Default shall have occurred and be continuing immediately prior to, or after giving effect to this Agreement.
Conditions of Effectiveness of this Agreement. This Agreement shall become effective as of the date hereof (the “Effective Date”) when, and only when: (a) Lender shall have received counterparts of this Agreement duly executed and delivered by the PE Parties, and Lender shall have executed this Agreement; (b) Lender shall have received a copy of the final form of a forbearance agreement as executed by WestLB, in form and substance satisfactory to Lender, regarding the WestLB Credit Agreement (the “WestLB Forbearance Agreement”), providing for a forbearance period co-terminous with the Forbearance Period hereunder, and such forbearance shall be in full force and effect; 3