Effectiveness of Joinder. The effectiveness of this Joinder Agreement and the transactions contemplated hereunder is subject to receipt by Administrative Agent of the following documents:
Effectiveness of Joinder. This Joinder and the amendments contained herein shall become effective on the date (the “Joinder Effective Date”) when each of the conditions set forth below shall have been fulfilled to the satisfaction of the Lender:
Effectiveness of Joinder. The joinder of Xxxxxx Netherlands and Xxxxxx Costa Rica as Additional Revolving Borrowers pursuant to Section 11 of this Amendment shall be effective on the date upon which each of the following conditions precedent has been satisfied: (a) The conditions precedent set forth in Section 12 of this Amendment shall have been satisfied. (b) The Administrative Agent (or its counsel) shall have received from each of Xxxxxx Netherlands and Xxxxxx Costa Rica duly executed Notes in favor of each Lender requesting a Note at least three (3) Business Days prior to the Effective Date. (c) The Administrative Agent shall have received (i) a certificate of each of Xxxxxx Netherlands and Xxxxxx Costa Rica, dated the Effective Date and executed by its Secretary, Assistant Secretary, appointed Manager, or other authorized signatory, as applicable, which shall (A) certify the resolutions of its Board of Directors, members or other governing body authorizing the execution, delivery and performance of this Amendment, (B) identify by name and title and bear the signatures of the officers authorized to sign this Amendment and any other Loan Document, (C) contain appropriate attachments, including the certificate or articles of incorporation or organization certified by the relevant authority of the jurisdiction of organization and a true and correct copy of its by‑laws or operating, management or partnership agreement, or other organizational or governing documents and (D) for Xxxxxx Netherlands, attach and certify as true and correct and in full force and effect: (a) its deed of incorporation (oprichtingsakte) and if amended after incorporation, its articles of association (statuten), (b) an up-to-date certified (gewaarmerkt) extract of the Dutch Chamber of Commerce (Xxxxx van Koophandel) dated no later than 3 Business Days prior to the Effective Date, and (c) if required by applicable law or its articles of association: a copy of a signed, unconditional and positive advice from each relevant works council (ondernemingsraad) or central or European works council of Xxxxxx Netherlands approving the terms of, and the transactions contemplated by, this Agreement and the Loan Documents to which Xxxxxx Netherlands will become party, together with the signed request for advice, and (ii) a good standing certificate for Xxxxxx Costa Rica as of a recent date from its jurisdiction of organization or the substantive equivalent available in its jurisdiction of organization from the appropriat...
Effectiveness of Joinder. The joinder of the New Borrower as an Additional Revolving Borrower pursuant to Section 3 of this Amendment shall be effective on the date upon which each of the following conditions precedent has been satisfied:
Effectiveness of Joinder. The parties agree that the effectiveness of the Fourth Amendment to the Credit Agreement, dated as of the date hereof, shall be deemed to precede the effectiveness of this Joinder Agreement. Credit Agricole Joinder Agreement [Enserco] 011038.0122\563518
Effectiveness of Joinder. The joinder of Xxxxxx Netherlands and Xxxxxx Costa Rica as Additional Revolving Borrowers pursuant to Section 11 of this Amendment shall be effective on the date upon which each of the following conditions precedent has been satisfied:
Effectiveness of Joinder. The modifications to the Original Agreement contemplated by this Joinder shall be effective as of the Effective Date.
Effectiveness of Joinder. The joinder of Xxxxxx UK as an Additional Revolving Borrower pursuant to Section 6 of this Amendment shall be effective on the date upon which each of the following conditions precedent has been satisfied:
Effectiveness of Joinder. A Joinder with respect to a Person who will become a party to a Secured Hedge Agreement shall not be effective unless and until (a) the Administrative Agent has received a Joinder Certificate executed by Calumet, (b) the Administrative Agent or Calumet has provided a copy of such Joinder Certificate to each Secured Hedge Counterparty, and (c)(i) the Administrative Agent and Calumet have not received from any Secured Hedge Counterparty, on or before the Joinder Objection Notice Deadline, a written objection to the certifications made by Calumet in such Joinder Certificate, which objection shall be made in good faith, identify each such objectionable certification and describe in reasonable detail the basis for each such objection (provided that its shall not be a condition to the effectiveness of any Joinder that such new Secured Hedge Counterparty’s Secured Hedge Agreement or any part thereof be disclosed to the Administrative Agent or any other Secured Hedge Counterparty) (such notice, a “Joinder Objection Notice”) or (2) if a Secured Hedge Counterparty has delivered a Joinder Objection Notice on or before the Joinder Objection Notice Deadline, such Secured Hedge Counterparty has subsequently waived or withdrawn its objection. For purposes of this Section 5.2, the “Joinder Objection Notice Deadline” shall be ten Business Days after the earlier of (x) the date on which the Administrative Agent provides a copy of such Joinder Certificate to each Secured Hedge Counterparty and (y) the latest date upon which any Secured Hedge Counterparty received from Calumet a copy of such Joinder Certificate. The date upon which the foregoing conditions are waived or satisfied, as notified in writing by the Administrative Agent to the Person who will become a new Secured Hedge Counterparty, shall be the Joinder Effective Date referred to in the Joinder Agreement.
Effectiveness of Joinder. Notwithstanding anything to the contrary in this First Amendment and Joinder, Bank, New Borrower, and Borrower hereby agree that New Borrower will be deemed to have entered into this First Amendment and Joinder simultaneously with consummation of the New Borrower Acquisition. Aratana Therapeutics – First Amendment and Joinder to Loan and Security Agreement
