Execution of Amendment No. 2. The Administrative Agents shall have received one or more counterparts of this Amendment No. 2 duly executed by the Borrower, the Parents, the Guarantors, the Agents and Lenders constituting the Required Lenders.
Execution of Amendment No. 3. The Administrative Agent (or Special Counsel) shall have received executed counterparts of Amendment No. 3 to the Credit Agreement between the Company, the Subsidiary Borrowers, the Subsidiary Guarantors and the Administrative Agent.
Execution of Amendment No. 4. Each of the Borrowers and the Required Lenders shall have executed this Amendment No. 4 and the Surety shall have executed the acknowledgement set forth below.
Execution of Amendment No. 2. The Purchasers shall have received a counterpart of this Amendment No. 2 duly executed and delivered by the Company, the Guarantor and the Purchasers.
Execution of Amendment No. 1. The Administrative Agents shall have received counterparts of this Amendment No. 1, which shall have been duly executed on behalf of each of the Company and the Required Lenders.
Execution of Amendment No. 1. Receipt by the Administrative Agent of one or more counterparts of this Amendment No. 1 duly executed and delivered by the Borrower and Lenders constituting the Required Lenders, and consented to by each of the Subsidiary Guarantors.
Execution of Amendment No. 1. It is anticipated that Owner and Design-Builder will negotiate and execute the Amendment No. 1 within 45 calendar days of Owner’s receipt of the Amendment No. 1 proposal. If Amendment No. 1 is not executed within such 45-day period, the Owner, in its sole discretion, may terminate negotiations and terminate this Agreement, in which case, the Design-Builder’s services provided for under this Agreement will be considered to have been completed in full. The time frame for negotiating and executing the Amendment No. 1 may be extended by the Owner, in its sole discretion and at its sole option, in writing. In the event that the Owner and the Design-Builder are unable to satisfactorily negotiate Amendment No. 1 and the Owner proceeds to design and construct the Project through its employees, agents or third parties, Owner’s use of Work Product shall be in accordance with Article 4 of this Agreement, which shall survive and remain in effect following termination of this Agreement.
Execution of Amendment No. 2. The Agent shall have received this Amendment duly executed by the Borrower, each Guarantor, Lenders constituting Required Lenders and the Agent.
Execution of Amendment No. 1. The Administrative Agent shall have received one or more counterparts of Amendment No. 1 duly executed and delivered by each of the Parties.
Execution of Amendment No. 4. The Administrative Agent (or its counsel) shall have received executed counterparts of Amendment No. 4 dated as of the date hereof to the Credit Agreement between the Borrower, the Guarantors, the Lenders party thereto and the Administrative Agent (“Amendment No. 4”) and Amendment No. 4 shall become effective concurrently with the satisfaction of the conditions under this Article IV and the making of the Series A Incremental Term Loans.
