CONDITION SUBSEQUENT TO EFFECTIVENESS OF AMENDMENT Sample Clauses

CONDITION SUBSEQUENT TO EFFECTIVENESS OF AMENDMENT. The satisfaction of the following shall constitute conditions subsequent to the continued effectiveness of this Amendment (the failure of such condition to be satisfied constituting an Event of Default):
AutoNDA by SimpleDocs
CONDITION SUBSEQUENT TO EFFECTIVENESS OF AMENDMENT. On or prior to January 27, 2008, the Borrower shall deliver to the Administrative Agent and the Lenders, in form and substance satisfactory to the Administrative Agent, a Joinder Agreement to the Subsidiary Guaranty, the Subsidiary Security Agreement and the Subsidiary Stock Pledge Agreement.
CONDITION SUBSEQUENT TO EFFECTIVENESS OF AMENDMENT. Within 10 Business Days after the First Amendment Effective Date, Borrower shall deliver to Agent (i) an opinion of White & Case, LLP, special counsel to the HIG Guarantors, in form and substance satisfactory to Agent, as to (a) the due organization and good standing of each of H.I.G. Advisors, L.L.C. ("HIG ADVISORS"), the general partner of HIG Capital and H.I.G. GP-II, Inc. ("HIG GP"), the general partner of HIG Partners II, L.P. ("HIG PARTNERS"), the general partner of HIG Investment and (b) the due authorization, execution and delivery by HIG Advisors, in its capacity as the general partner of HIG Capital and HIG GP, in its capacity as the general partner of HIG Partners, the general partner of HIG Investment, of the HIG Guaranty and (ii) an opinion of Maples and Calder, Cayman Islands legal advisers to the HIG Guarantorx, xx form xxx xxbstance satisfactory to Agent, as to the matters set forth in its opinion delivered to the Agent on the First Amendment Effective Date, except that agreements of limited partnership of HIG Partners and HIG Investment referenced in the opinion shall be the executed agreements as in effect on the date of such opinion rather than unexecuted drafts of such limited partnership agreements. Borrower and Banks hereby acknowledge and agree that any failure to comply with any of the requirements of this Section 4 shall constitute an immediate Event of Default under the Credit Agreement.

Related to CONDITION SUBSEQUENT TO EFFECTIVENESS OF AMENDMENT

  • Conditions to Effectiveness of Amendment This Amendment shall become effective as of the date hereof, upon the satisfaction of the conditions precedent that:

  • Conditions Precedent to Effectiveness of Amendment This Amendment shall become effective (the “Amendment Effective Date”) upon satisfaction of each of the following conditions:

  • Conditions to Effectiveness of Agreement This Agreement shall become effective on the date (the "Effective Date") each of the following conditions precedent is satisfied:

  • Conditions Precedent to Effectiveness of Agreement Each of the following is a condition precedent to the effectiveness of this Agreement:

  • Conditions Precedent to Effectiveness of this Amendment This Amendment shall not become effective until all of the following conditions precedent shall have been satisfied in the sole discretion of Agent or waived by Agent:

  • Conditions to Effectiveness of Increase As a condition precedent to such increase, the Company shall deliver to the Administrative Agent a certificate of each Loan Party dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of such Loan Party (i) certifying and attaching the resolutions adopted by such Loan Party approving or consenting to such increase, and (ii) in the case of the Company, certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.14, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, (B) no Default exists and (C) no Floorplan Default exists. The Company shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.

  • Conditions to Effectiveness of Extensions Notwithstanding the foregoing, the extension of the Maturity Date pursuant to this Section shall not be effective with respect to any Lender unless:

  • Conditions to Effectiveness of this Amendment This Amendment shall become effective as of the date hereof, upon the satisfaction of the conditions precedent that:

  • Conditions Precedent to Effectiveness of this Agreement This Agreement shall become effective on and as of the date hereof (the “Effective Date”), provided that the following conditions precedent have been satisfied on such date:

  • Conditions to Effectiveness of this Agreement The effectiveness of this Agreement is subject to the satisfaction of the following conditions precedent:

Time is Money Join Law Insider Premium to draft better contracts faster.