Effectiveness; Binding Effect; Ratification. (a) This Amendment shall become effective as of the Effective Date and binding on the parties hereto and their respective successors and assigns upon receipt by the Administrator and the Funding Agent of (i) executed counterparts hereof from each of the parties hereto and (ii) the fees and reasonable expenses of the Administrator and the Funding Agent (including fees of counsel) incurred in connection with the negotiation, execution and delivery of this Amendment.
Effectiveness; Binding Effect; Ratification. This Amendment shall become effective, as of the date first set forth above upon receipt by the Agent of (i) the fees set forth in the Amendment Fee Letter dated February 4, 2010 from Agent to the Borrowers, and (ii) executed counterparts hereof from the Borrowers and each of the Lenders whose consent is necessary to amend the Loan Agreement as set forth in this Amendment, and thereafter this Amendment shall be binding on the Agent, Borrowers and Lenders and their respective successors and assigns.
Effectiveness; Binding Effect; Ratification. This Amendment shall become effective, as of the date first set forth above upon receipt by (a) the Administrator of: (i) executed counterparts hereof from each of the parties hereto, (ii) a fully executed Second Amendment to the Series Supplement, dated the date hereof, between the Issuer and the Trustee (the “Second Series Supplement Amendment”), (iii) favorable opinion letters from counsel to the Issuer, the Seller and the Servicer, in each case in form and substance satisfactory to the Administrator and the Funding Agent, with respect to matters relating to non-consolidation and true sale, and other standard corporate opinions including with respect to enforceability, legality, no conflicts with law and agreements and Investment Company Act of 1940, as amended, (iv) that certain Amendment Fee Letter Agreement, dated as of the date hereof, among the Issuer, Conn Appliances, the Administrator and Three Pillars Funding LLC (the “SunTrust Amendment Fee Letter”), (v) evidence of satisfaction of the Rating Agency Condition, (vi) an amendment to the operating agreement of the General Partner in form and substance satisfactory to the Administrator and the Funding Agent and (vii) such other opinions, agreements, instruments and other documents as the Administrator or the Funding Agent may reasonably request, (b) the Funding Agent of that certain Amendment Fee Letter Agreement, dated as of the date hereof, among the Issuer, Conn Appliances, the Funding Agent, the Committed Purchaser and Park Avenue Receivables Company, LLC (the “JPMorgan Amendment Fee Letter”) and (c) each of the Administrator, the Funding Agent, Three Pillars, the Committed Purchaser and the Conduit Purchaser, as applicable, of all fees payable to such Person on or prior to the date hereof pursuant to this Amendment and the SunTrust Amendment Fee Letter and the JPMorgan Amendment Fee Letter, as applicable, and thereafter this Amendment shall be binding on the parties hereto and their respective successors and assigns.
