Effectiveness of this Fourth Amendment. This Fourth Amendment shall become effective as of the date hereof when, and only when, Bank shall have received all of the following, in form and substance satisfactory to Bank:
Effectiveness of this Fourth Amendment. Landlord and Tenant hereby acknowledge and agree that, notwithstanding the full execution and delivery of this Fourth Amendment by Landlord and Tenant, this Fourth Amendment is expressly conditioned upon the occurrence of the “Effective Date,” as that term is defined in that certain Settlement Agreement dated June 17, 2009 by and between Tenant and DPR Construction, Inc. (“DPR”) as amended by that certain Amendment dated June 26, 2009 (collectively, the “Settlement Agreement”) (of which Landlord is a third party beneficiary) and the full payment by Tenant to DPR of the “Aggregate Payment Amount” (i.e., $2,000,000), as that term is defined in, and pursuant to the terms of, the Settlement Agreement (the “Condition Precedent”). To the extent that the Condition Precedent is not satisfied on or before September 1, 2009, then Landlord may terminate this Fourth Amendment upon delivery of written notice thereof to Tenant, in which event this Fourth Amendment shall automatically terminate and the Lease shall continue in full force and effect as if unmodified by this Fourth Amendment. Landlord and Tenant each represent and warrant to the other that the execution and performance of this Fourth Amendment by such party has been authorized and approved by all requisite corporate, limited liability company, partnership and third party action. [Continued on the following page.]
Effectiveness of this Fourth Amendment. Upon satisfaction of each of the conditions set forth in Section 3 of this Fourth Amendment, this Fourth Amendment shall be deemed to be effective as of December 31, 1998.
Effectiveness of this Fourth Amendment. This Fourth Amendment shall become effective as of the date hereof when, and only when, Administrative Agent shall have received all of the following, in form and substance satisfactory to Administrative Agent:
Effectiveness of this Fourth Amendment. Except for the definition of "Applicable Margin", which shall be effective as of December 31, 1999 and continuing until the Final Maturity Date, this Fourth Amendment shall be effective as of December 31, 1999 through December 31, 2000. Thereafter, the terms and conditions of the Agreement as in effect prior to the execution of this Fourth Amendment shall govern as if this Fourth Amendment had not been executed.
Effectiveness of this Fourth Amendment. This Fourth Amendment shall be effective only if and when executed by the Borrower, the Wynn Amendment Parties and the Administrative Agent, on behalf of the Lenders.
Effectiveness of this Fourth Amendment. This Fourth Amendment and the amendments to the Credit Agreement set forth in Section 5 hereof shall be effective only if and when:
Effectiveness of this Fourth Amendment. This Fourth Amendment shall be effective only if and when:
