Effectiveness, Etc. This Letter Amendment shall become effective as of the date first above written when, and only when, the Agent shall have received counterparts of this Letter Amendment executed by the undersigned and the Required Lenders or, as to any of the Lenders, advice satisfactory to the Agent that such Lender has executed this Letter Amendment. This Letter Amendment is subject to the provisions of Section 9.01 of the Credit Agreement. On and after the effectiveness of this Letter Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended by this Letter Amendment. The Credit Agreement and the Notes, as specifically amended by this Letter Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. The execution, delivery and effectiveness of this Letter Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Agent under the Credit Agreement, nor constitute a waiver of any provision of the Credit Agreement. If you agree to the terms and provisions hereof, please evidence such agreement by executing and returning at least two counterparts of this Letter Amendment to Xxxxx X. Xxxxxx, Xxxxxxxx & Sterling LLP, 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000. This Letter Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. Delivery of an executed counterpart of a signature page to this Letter Amendment by telecopier shall be effective as delivery of a manually executed counterpart of this Letter Amendment. This Letter Amendment shall be governed by, and construed in accordance with, the laws of the State of New York. Very truly yours, JABIL CIRCUIT, INC. By Xxxxxx Xxxxxx Title: Treasurer Agreed as of the date first above written: CITICORP USA, INC., as Agent and as a Lender By /s/ Xxxxx Xxxx Xxxxxxxx Title: Director JPMORGAN CHASE BANK, N.A. By /s/ Xxxxx XxXxxxxx Title: Vice President ABN AMRO BANK N.V. By /s/Xxxxxxx O’X. Xxxxx Title: Managing Direc...
Effectiveness, Etc. This Letter Amendment shall become effective as of the date first above written when, and only when, the Agent shall have received counterparts of this Letter Amendment executed by the undersigned and the Required Lenders or, as to any of the Lenders, advice satisfactory to
Effectiveness, Etc. The Company agrees to use its best efforts to effect the registration and the sale of the Registrable Securities requested to be registered pursuant to this Section 2 in accordance with the intended method of disposition thereof as quickly as practical; except that the Company may terminate such registration in its sole discretion and for any reason.
Effectiveness, Etc. This Amendment shall become effective as of the date first above written when, and only when, the Paying Agent shall have received counterparts of this Amendment executed by the undersigned and the Required Lenders and the Paying Agent shall have received the following:
Effectiveness, Etc. URI agrees to use its best efforts to have such registration statement requested pursuant to Section 2(a) declared effective under the Securities Act as soon as practicable after filing and to keep such registration statement (as well as any Shelf Registrations during distributions of Registrable Securities after a TakeDown pursuant to Section 3(c) hereof) continuously effective until ninety days after the effective date (or the Take-Down Date, as applicable) or such earlier date at which the distribution is completed. Notwithstanding the foregoing, if (i) the Board of Directors of URI determines, in good faith, that such registration would be materially detrimental to URI and the Board of Directors of URI concludes, as a result, that it is essential to delay the filing of such registration statement, and (ii) the Company shall furnish to the Holders a certificate signed by the president of the Company stating that in the good faith judgment of the Board of Directors of the Company, it would be materially detrimental to the Company for such registration statement to be filed without delay and that it is, therefore, essential to delay the filing of such registration statement, then URI shall have the right to delay such filing but may not delay the filing for a period of more than 90 days after receipt of the initial request. In the event any filing is delayed, the two-year period during which demands pursuant to Section 2(a) hereof may be made shall be extended by one day for every day of delay. URI further agrees, if necessary, to supplement or amend such registration statement requested pursuant to Section 2(a) (as well as any Take-Down pursuant to Section 3(c)), if required by (x) the registration form utilized by URI for such registration statement or by the instructions applicable to such registration form, (y) the Securities Act or the rules and regulations thereunder or (z) the Holders of (or any underwriter(s) for) any shares of the Registrable Securities covered by such registration statement with respect to information concerning such Holders or underwriter(s). URI agrees to furnish to the Holders of the Registrable Securities copies of any such supplement or amendment prior to its being used or filed with the Commission. URI will pay all Registration Expenses (as hereinafter defined) in connection with such registration statements requested pursuant to Section 2(a), whether or not it becomes effective, and such Take-Downs pursuant to Section 3(c...
Effectiveness, Etc. URI agrees to use its best efforts to effect the registration and the sale of the Registrable Securities requested to be registered pursuant to this Section 3 in accordance with the intended method of disposition thereof as quickly as practical; except that URI may terminate such registration (i) in its sole discretion and for any reason in the case of a registration pursuant to Section 3(a); or (ii) upon not less than five days notice to the Holders of Registrable Securities in the case of a registration pursuant to Sections 3(b) and 3(c), if the Board of Directors of URI determines, in good faith, that such registration would be seriously detrimental to URI and the Board of Directors of URI concludes, as a result, that such registration should not proceed. If URI terminates any registration pursuant to the foregoing sentence during any Take-Down of Registrable Securities pursuant to Section 3(c), no registration statement will be deemed to have been filed or Take-Down deemed to have been made in connection therewith for purposes of the penultimate sentence of Section 2(a).
Effectiveness, Etc. OF SENIOR LOAN AGREEMENT. Each of the following shall have occurred (and the Purchaser, including as the Representative Noteholder, shall have received a certificate, dated the Closing Date, in the form of EXHIBIT I hereto confirming INTER ALIA that):
Effectiveness, Etc. Without qualifying the provisions of Section 1.01 of this Third Supplemental Indenture, this Third Supplemental Indenture will take effect immediately upon execution thereof by the parties hereto.
Effectiveness, Etc. (a) This Amendment will become effective immediately upon the execution and delivery hereof by the Nation and the Trustee.
Effectiveness, Etc. Essex agrees to use its reasonable best efforts to keep the Shelf Registration Statement continuously effective for a period of four (4) years from the effective date thereof or, if earlier, until all of the Registrable Shares covered by a Shelf Registration Statement have been sold pursuant thereto. Essex further agrees to supplement or make amendments to the Shelf Registration Statement if required by (i) Section 2.2(b) hereof, (ii) the registration form utilized by Essex for such registration or by the instructions applicable to such registration form, or (iii) the Securities Act; PROVIDED, HOWEVER, that notwithstanding anything to the contrary herein Essex will not be required to supplement or amend the Shelf Registration Statement until current financial information is available so long as Essex is in compliance with (x) the foregoing clauses (i) and (iii) and (y) its reporting obligations under the Exchange Act subsequent to the effective date.
