Common use of Effectiveness and Effect Clause in Contracts

Effectiveness and Effect. This Amendment shall become effective as of the date (the “Effective Date”) that each of the following conditions precedent shall have been satisfied: (i) This Amendment, (ii) the Amended and Restated Fee Letter, dated as of the date hereof, and (iii) Amendment No. 4 to the Liquidity Asset Purchase Agreement, dated as of the date hereof, shall have been executed and delivered by a duly authorized officer of each party thereto. (b) The Borrower shall be in compliance with each of its covenants set forth herein and each of the Operative Documents to which it is a party. (c) No event has occurred which constitutes a Facility Termination Event or a Potential Facility Termination Event and the Facility Termination Date shall not have occurred.

Effectiveness and Effect. This Amendment shall become effective as of the date (the “Effective Date”) that each of the following conditions precedent shall have been satisfied: (a) (i) This Amendment, (ii) Amendment No. 1 to the Amended and Restated Fee LetterCustodian/Trustee Agreement, dated as of the date hereof, and (iii) Amendment No. 4 3 to the Liquidity Asset Purchase Agreement, dated as of the date hereof, shall have been executed and delivered by a duly authorized officer of each party thereto. (b) The Borrower shall be in compliance with each of its covenants set forth herein and each of the Operative Documents to which it is a party. (c) No event has occurred which constitutes a Facility Termination Event or a Potential Facility Termination Event and the Facility Termination Date shall not have occurred.