Effective Date and Conditions Precedent. This Agreement shall become effective upon satisfaction in full of each of the following conditions on or prior to the Effective Date:
Effective Date and Conditions Precedent. This Agreement shall become effective on the first date (the “Effective Date”) on which each of the following conditions have been satisfied:
Effective Date and Conditions Precedent. The effectiveness of the amendments provided in Sections 1 and 2 of this Agreement shall be subject to the satisfaction of the following conditions:
Effective Date and Conditions Precedent. 21 (a) Effective Date and Conditions Precedent ................. 21 (b) Waiver or Deferral of Conditions Precedent .............. 22 (c) Delivery by Telecopy .................................... 22 SECTION 5.
Effective Date and Conditions Precedent. A. This Contract shall commence on July 1, 2010, and shall expire on June 30, 2013, subject to the possibility of termination or extension pursuant in Section 2, Paragraph C and/or D of this Contract.
Effective Date and Conditions Precedent. (a) The Agent shall notify the Company and the Lenders promptly upon receipt by the Agent of each of the documents and evidence listed in Schedule 2 (Conditions Precedent) in a form and substance reasonably satisfactory to the Agent (having regard to the requirements for the forms of such documents and evidence specified in Schedule 2 (Conditions Precedent) (where specified)).
Effective Date and Conditions Precedent. The obligations of the parties hereunder shall become effective on the date when each of the following conditions are met (the “Effective Date”): (a) Borrowers shall have delivered to Agents this Agreement duly executed by an authorized officer of Borrowers; (b) the Forbearing Lenders shall have countersigned this Agreement; (c) Borrowers shall have delivered to Agents the Budget (as defined below); (d) the Borrowers and ninety-seven percent of the holders of the obligations evidencing the Subordinated Debt Issue (the “Holders”), or the indenture trustee on behalf of the Holders, shall have executed an agreement pursuant to which the Holders or the indenture trustee on behalf of the Holders agree not to take action to enforce any right or remedy related to the Subordinated Debt Issue during the Forbearance Period (the “Subordinate Debt Forbearance Agreement”); and (e) the secretary of Borrowers’ boards of directors shall have delivered to Agents a duly executed secretary’s and incumbency certificate identifying the current officers of Borrowers who are duly authorized by Borrowers’ board of directors to execute and deliver Documents, including without limitation this Agreement, and identifying the current members of the boards of directors of Borrowers. In the event condition precedent (d) of this paragraph is not satisfied by 5:00 p.m. (Eastern) May 25, 2007 (unless further extended by the Forbearing Lenders in writing), then the terms of this document shall be deemed to have been withdrawn, and the parties stipulate that none of the provisions of this Agreement shall be binding upon any party hereto.
Effective Date and Conditions Precedent. This Amendment shall become effective on the date (the “First Amendment Effective Date”) which is the date the Bank is in receipt of counterparts of this Amendment, duly executed by the Borrower, the Bank and the Guarantors.
Effective Date and Conditions Precedent. (a) The effectiveness of the amendments provided in Section 1 of this Restatement Agreement shall be subject to receipt by the Issuer and the Company of a notification from the Noteholders confirming the satisfaction of the conditions precedent set out in Schedule 3 attached hereto.
Effective Date and Conditions Precedent
