Upon the Effective Date. Said Release as explained above shall be in effect upon the Effective Date of this Settlement, and:
Upon the Effective Date. Section 1.2 of the Loan Agreement shall automatically (and without further action) be deleted in its entirety and the following inserted in lieu thereof: "1.2.
Upon the Effective Date. This Settlement Agreement shall be the exclusive remedy for any and all Released Claims of Class Members.
Upon the Effective Date and notwithstanding any contrary provision of this Agreement (i) each such Eligible Assignee shall become a party to this Agreement, and thereafter shall have all of the rights and obligations of a Lender hereunder, (ii) each such Eligible Assignee or Lender shall simultaneously pay to Administrative Agent, for distribution to the Lenders whose Pro Rata Shares of the combined Commitments of all of the Lenders have decreased as a result of the new Commitment of such Eligible Assignee or the increased Commitment of such Lender, an amount equal to the product of such Eligible Assignee's Pro Rata Share (or the increase in such Lender's Pro Rata Share), expressed as a decimal, multiplied by the aggregate outstanding principal amount of the Loans on the date of determination, and (iii) each such Eligible Assignee or Lender shall thereafter be obligated to make its Pro Rata Share of Borrowings to Borrower up to and including the amount of such Eligible Assignee's or Lender's Pro Rata Share of the increased Maximum Commitment Amount, on the terms and subject to the conditions set forth in this Agreement.
Upon the Effective Date the provisions of Article 1 of this Agreement shall become effective and modify or supersede and replace the applicable provisions of the Loan Agreement recited as being modified by them. From and after the Effective Date each reference to the "Loan Agreement" shall mean and be deemed a reference to the Loan Agreement as modified by this Agreement but, except as modified by this Agreement, the Loan Agreement shall remain in full force and effect in the same form as existed immediately prior to the Effective Date.
Upon the Effective Date. [i] the provisions of Articles 1 through 7 of this Joinder Agreement shall become effective and modify or supersede and replace the applicable provisions of the Loan Agreement and the other Loan Documents recited as being modified by them and each of the Joined Entities shall be joined as a party to the Loan Agreement, the Note, and the Security Agreement, and [ii] the provisions of Articles 8 and 9 of this Joinder Agreement shall become effective and modify or supersede and replace the applicable provisions of the Loan Agreement and the other Loan Documents recited as being modified by them or waive compliance with certain provisions of the Loan Agreement and the other Loan Documents for the period set forth herein. From and after the Effective Date each reference to the "Loan Agreement" and the "Loan Documents" or words of like import shall mean and be deemed a reference to, as applicable, the Loan Agreement and Loan Documents as modified by this Joinder Agreement but, except as modified by this Joinder Agreement and the other Joinder Agreement Documents, the Loan Agreement and the other Loan Documents shall remain in full force and effect in the same form as existed immediately prior to the Effective Date.
Upon the Effective Date. Section 7.1 of the Loan Agreement shall be amended and restated in its entirety as follows:
Upon the Effective Date. This Lease shall be effective on the Effective Date, and within forty-five (45) days thereafter, subject to extension for Unavoidable Delays, the Lessee shall prepare and shall make complete application to the City for a CPUD ordinance for the Property, including all of its proposed Plans and Specifications. During this period, Xxxxxx shall also commence the advertising and public notices necessary to meet the public hearing schedules, and make a presentation to the public boards considering the CPUD ordinance, the Plans and Specifications and the Leasehold Improvements proposed.
Upon the Effective Date. (a) the Merging Corporation and the Surviving Corporation shall become a single corporation and the separate corporate existence of the Merging Corporation shall cease; (b) the Surviving Corporation shall succeed to and posses all the rights, privileges, powers, and immunities of the Merging Corporation which, together with all of the assets, properties, business, patents, trademarks, and goodwill of the Merging Corporation, of every type and description wherever located, shall vest in the Surviving Corporation without further act or deed; (c) all rights of creditors and all liens upon any property of the Constituent Corporations shall remain unimpaired; and (d) the name of the Merging Corporation shall remain and be HOMESIDE LENDING, INC., without further act or deed.
Upon the Effective Date. (a) the terms and conditions of the Credit Agreement shall be amended as set forth herein and, as so amended, shall be restated in their entirety, but only with respect to the rights, duties and obligations among the Borrower, the Lenders and the Agent accruing from and after the Effective Date; (b) the amendments to the Credit Agreement as set forth herein shall not in any way release or impair the rights, duties, obligations or liens created pursuant to the Credit Agreement or any other Loan Document or affect the relative priorities thereof, in each case to the extent in full force and effect thereunder, except as modified hereby or by documents, instruments and agreements executed and delivered in connection herewith, and all of such rights, duties, obligations and liens are assumed, ratified and affirmed by the Borrower; (c) all indemnification obligations of the Borrower under the Credit Agreement and any other Loan Documents
