Conditions to. Each Party's Obligation to Effect the Merger. The respective obligations of each party to effect the Merger shall be subject to the fulfillment at or prior to the Effective Date of the following conditions:
Conditions to. Each Borrowing and each Letter of Credit. The obligation of each Bank to loan its Commitment Percentage of each Borrowing and the obligation of any Letter of Credit Issuer to issue, extend, amend or renew any Letter of Credit on the date such Letter of Credit is to be issued, extended, amended or renewed is subject to the further satisfaction of the following conditions:
Conditions to. EFFECTIVENESS Section 1 of this Amendment shall become effective only upon the satisfaction of all of the following conditions precedent (the date of satisfaction of such conditions being referred to herein as the "Amendment Effective Date"): A. The Agent shall have received counterparts of this Amendment (i) executed by the Borrower, each Lender and the Agent and (ii) for purposes of Section 4 only, executed by each Credit Support Party (as hereinafter defined) and written or telephonic notification of such execution and authorization of delivery thereof. B. The Borrower shall have paid to the Agent in Cash, for distribution to each Lender in accordance with its respective commitment Percentage, and aggregate amendment fee equal to $25,000. C. The Bankruptcy Court shall have approved the execution of this Amendment by the Borrower. Section 3.
Conditions to. First Home's Obligations under this Agreement. The obligations of First Home hereunder shall be subject to satisfaction at or prior to the Closing Date of each of the following conditions, unless waived by First Home pursuant to Section 7.03 hereof:
Conditions to. INDEMNIFICATION The obligations of the indemnifying party under Sections 7.1 and 7.2 are conditioned upon delivery of written notice to the indemnifying party of any potential Liability promptly after the indemnified party becomes aware of such potential Liability, provided, however, that the failure to give such notice promptly shall not impair a party's rights to indemnification under this Article VII unless the delay in providing such notice has a material adverse effect on the ability of the indemnifying party to defend against such Liability. The indemnifying party shall have the right to assume the defense of any suit or claim related to the Liability if it has assumed responsibility for the suit or claim in writing; however, if in the 28 ***TEXT OMITTED AND FILED SEPARATELY CONFIDENTIAL TREATMENT REQUESTED UNDER 17 C.F.R. SECTIONS 200.80(B)(4) 200.83 AND 204.24B-2 reasonable judgment of the indemnified party, such suit or claim involves an issue or matter which could have a materially adverse effect on the business operations or assets of the indemnified party, the indemnified party may waive its rights to indemnity under this Agreement and control the defense or settlement thereof, but in no event shall any such waiver be construed as a waiver of any indemnification rights such party may have at law or in equity. If the indemnifying party defends the suit or claim, the indemnified party may participate in (but not control) the defense thereof at its sole cost and expense.
Conditions to. Each Advance to EGF VI . Unless waived in writing by Requisite Lenders, the obligation of any Lender to make any Advance to EGF VI (or any Marine Subsidiary or Owner Trustee of EGF VI) (including the initial Advance) is subject to the satisfaction of the following further condition precedent:
Conditions to. Each Party's Obligation to Effect the --------------------------------------------------- Transactions. The respective obligations of the parties to effect the ------------ Transactions shall be subject to the satisfaction, on or before the Closing Date, of each of the following conditions: