Fourth Amendment Effective Date Sample Clauses
Fourth Amendment Effective Date. This Amendatory Agreement shall become effective on the date first set forth above (the "Fourth Amendment Effective Date") when each of the conditions set forth in this Subpart 3.1 shall have been satisfied.
Fourth Amendment Effective Date. This Fourth Amendment shall become effective as of the first date (the “Fourth Amendment Effective Date”) on which each of the following conditions shall have been satisfied (or waived by the 2023 Refinancing Term Lenders and the Administrative Agent):
(a) The Administrative Agent shall have received a counterpart signature page of this Fourth Amendment duly executed by each Loan Party, the Administrative Agent and each 2023 Refinancing Term Lender (which, for the avoidance of doubt, shall constitute the Required Lenders).
(b) The Administrative Agent shall have received a certificate signed by a Responsible Officer of each Loan Party (i) attaching the articles of formation or other or formation documents of such Loan Party and the bylaws, operating agreement or comparable governing document of such Loan Party, in each case, certified by an appropriate Governmental Authority, to the extent applicable, or otherwise certifying there have been no changes to such formation or organizational documents since the date such documents were previously delivered to the Administrative Agent (ii) certifying that attached thereto are the resolutions of the Board of Directors (or other governing body) of such Loan Party approving and authorizing the execution, delivery and performance of this Fourth Amendment and the other Loan Documents, as applicable, as being in full force and effect without modification or amendment as of the Fourth Amendment Effective Date, (iii) attaching signature and incumbency certificates of the Responsible Officers of such Loan Party executing Loan Documents to which it is a party and (iv) attaching the good standing certificates described in clause (c) below.
(c) The Administrative Agent shall have received a certificate of good standing, existence or its equivalent with respect to each Loan Party certified as of a recent date by the appropriate Governmental Authority of the state of incorporation or formation, as the case may be and to the extent such concept exists.
(i) At least three (3) Business Days prior to the Fourth Amendment Effective Date, the Administrative Agent and the Lenders shall have received all documentation and other information about the Loan Parties that shall have been reasonably requested in writing at least ten (10) Business Days prior to the Fourth Amendment Effective Date and that the Administrative Agent and the Lenders reasonably determine is required by United States regulatory authorities under applicable “know ...
Fourth Amendment Effective Date. All of the conditions precedent set forth in this Section 2 shall have been satisfied effective as of the Fourth Amendment Effective Date.
Fourth Amendment Effective Date. April 10, 2012.
Fourth Amendment Effective Date. This Fourth Amendment shall become effective as of the date hereof (the "Fourth Amendment Effective Date") when each of the following conditions shall have been satisfied:
(a) The Agent shall have received, by facsimile, counterparts of this Fourth Amendment executed by the Company, each Borrowing Subsidiary, the Agent, the Co-Agent and the Requisite Lenders, and acknowledged by each of JCC, JPS Auto and International Fabrics.
(b) Each of the representations and warranties contained in this Fourth Amendment, the Credit Agreement as amended hereby and the other Loan Documents shall be true and correct in all material respects on and as of the Fourth Amendment Effective Date, as if then made, other than representations and warranties which expressly speak as of a different date.
(c) No Event of Default or Potential Event of Default shall have occurred and be continuing on the Fourth Amendment Effective Date.
Fourth Amendment Effective Date. This Fourth Amendment shall become effective as of December 30, 1999 (the "Fourth Amendment Effective Date") upon the earliest date on which the Buyer has received a copy of this Fourth Amendment, duly executed by all parties hereto.
Fourth Amendment Effective Date. This Amendment (subject to Section 5) shall become effective as of the date (the “Fourth Amendment Effective Date”) on which the following conditions precedent have been satisfied:
(a) The Administrative Agent shall have received this Amendment, executed and delivered by the Administrative Agent, the Borrower and the Incremental Term Lenders.
(b) Each Incremental Term Lender that is not a Lender under the Credit Agreement prior to the Fourth Amendment Effective Date (an “Existing Lender”) shall have executed a New Lender Supplement substantially in the form of Exhibit I-2 to the Amended Credit Agreement and delivered such executed New Lender Supplement to the Administrative Agent.
(c) All costs, fees and expenses required to be paid by the Borrower to the Administrative Agent, Barclays Bank PLC, in its capacity as lead arranger and bookrunner for this Amendment (the “Initial Lead Arranger”) and the Incremental Term Lenders in connection with this Amendment (including the reasonable and documented fees and expenses of legal counsel to the Administrative Agent and Initial Lead Arranger) shall have been paid to the extent due and invoiced to the Borrower at least three Business Days prior to the scheduled Fourth Amendment Effective Date.
Fourth Amendment Effective Date. PART 2 Sections 1.1, 1.2, 1.3, 1.4A, 1.4B, 1.5 and 1.6 of this Amendment shall become effective only upon the satisfaction of all of the following conditions precedents on or prior to December 31, 1997 (the date of satisfaction of such conditions being referred to herein as the ``FOURTH AMENDMENT EFFECTIVE DATE PART 2''):
A. All of the conditions set forth in subsection 5.1 of this Amendment have been satisfied.
B. On or before the Fourth Amendment Effective Date Part 2, all Lenders shall have delivered to Administrative Agent an executed original or telefacsimile of a counterpart of this Amendment or shall have orally confirmed to Administrative Agent that such Lender agreed to all of the terms and conditions of this Amendment, as set forth herein.
Fourth Amendment Effective Date. The amendments effected by paragraph 2 above shall become effective on September 1, 1997 (the "Fourth Amendment Effective Date"), subject to receipt by the Banks and Agent on or prior to the Fourth Amendment Effective Date of the following, each in form and substance satisfactory to the Banks, Agent and their respective counsel
(a) This Amendment duly executed by Borrower, each Bank and Agent;
(b) A Certificate of the Secretary of Borrower, dated the Fourth Amendment Effective Date, certifying (i) that the Certificate of Incorporation and Bylaws of Borrower, in the forms delivered to Agent on the Effective Date, are in full force and effect and have not been amended, supplemented, revoked or repealed since such date; (ii) that attached thereto are true and correct copies of resolutions duly adopted by the Board of Directors of Borrower and continuing in effect, which authorize the execution, delivery and performance by Borrower of this Amendment and the consummation of the transactions contemplated hereby; (iii) that there are no proceedings for the dissolution or liquidation of Borrower (commenced or threatened); and (iv) the incumbency, signatures and authority of the officers of Borrower authorized to execute, deliver and perform the Amendment;
Fourth Amendment Effective Date. The term "Fourth Amendment Effective Date" shall mean the date on which the conditions to the effectiveness of the Fourth Amendment set forth in Section 3 thereof shall have been satisfied.