Condition Precedent to Effectiveness Sample Clauses
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Condition Precedent to Effectiveness. The Parties agree and acknowledge that this Agreement shall be effective only upon the date on or before which both of the following have occurred (such date, the "Effective Date"): (i) the execution and delivery of the Ownership Agreement and the Operating Agreement and all other Collateral Documents; and (ii) the acknowledgment of the Participants' satisfaction of the foregoing condition and the accuracy of the cross-references to the Collateral Documents contained in this Agreement.
Condition Precedent to Effectiveness. The effectiveness of this Agreement shall be subject to the payment of any outstanding invoices for fees and expenses incurred by Saybrook Restructuring Advisors, LLC and Milbank, Tweed, ▇▇▇▇▇▇ & ▇▇▇▇▇▇, LLP, with respect to which invoices have been delivered to ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Ltd. on or before [ ], 2004.
Condition Precedent to Effectiveness. This Agreement shall become effective as of the date (the “Effective Date”), which shall be on or before September 7, 2022, as of which the Administrative Agent shall confirm to the Company that it has received the following, each dated such day, in form and substance satisfactory to the Administrative Agent:
Condition Precedent to Effectiveness. This Agreement shall become effective on the first date on which each of the following conditions is satisfied (or waived in accordance with Section 9.01):
(a) The Administrative Agent (or its counsel) shall have received the following:
(i) from each party hereto either (a) a counterpart of this Agreement signed on behalf of such party or (b) written evidence satisfactory to the Administrative Agent (which may include facsimile or other electronic transmission of a signed counterpart of this Agreement) that such party has signed a counterpart of this Agreement;
(ii) a certificate of the Secretary, Assistant Secretary or other authorized officer of the Borrower, dated the Effective Date, (A) certifying the names and true signatures of the officers of the Borrower authorized to sign this Agreement and any other documents to be delivered by the Borrower hereunder, (B) attaching and certifying the correctness and completeness of the copies of the Borrower’s Certificate of Incorporation and Bylaws, (C) attaching and certifying the correctness and completeness of copies of the resolutions of the Board of Directors or similar governing body of the Borrower, approving the execution, delivery and performance of this Agreement and (D) attaching a good standing certificate of the Borrower from the state of its organization, dated a recent date prior to the Effective Date;
(iii) a legal opinion of ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇, ▇▇., Executive Vice President, General Counsel and Secretary of the Borrower, dated the Effective Date, substantially in the form of Exhibit F hereto;
(iv) a certificate of an authorized officer of the Borrower, dated the Effective Date, stating that (A) the representations and warranties of the Borrower contained in Article IV (other than the representations set forth in Section 4.01(o) and Section 4.01(p)) are true and correct in all material respects (except those representations and warranties qualified by materiality, which shall be true and correct) on and as of the Effective Date, as though made on and as of such date, except to the extent that any such representation or warranty expressly relates only to an earlier date, in which case it was correct in all material respects (except those representations and warranties qualified by materiality, which shall be true and correct) as of such earlier date and (B) no Potential Event of Default or Event of Default exists on and as of the Effective Date; and
(v) no later than three Business Days in advan...
Condition Precedent to Effectiveness. This Agreement shall become effective as of the time of the delivery of all evidence referenced in clause (g) below on the date (the “Effective Date”), which shall be on or before June 30, 2010, as of which the Administrative Agent shall confirm to the Company that it has received the following, each dated such day, in form and substance satisfactory to the Administrative Agent and (except for any Notes) in sufficient copies for each Lender:
Condition Precedent to Effectiveness. Before this Second Modification, (and Bank’s and Borrower’s respective rights and obligations hereunder) shall be effective, Borrower shall have paid to Bank all Bank Expenses incurred by Bank in connection with its entering into this Second Modification.
Condition Precedent to Effectiveness. The amendment to the Loan Agreement set forth herein shall be deemed effective once:
(a) The Lender has received duly executed counterparts of this Agreement from the Borrower and the Lender.
(b) The Lender has received a duly executed Amended and Restated Subordinated Promissory Note in form and substance satisfactory to the Lender.
(c) The Lender has received duly executed counterparts of the Subordination and Intercreditor Agreement among the Borrower, certain affiliates of Borrower, Lender and Enlightenment Capital Solutions Fund II, L.P.
Condition Precedent to Effectiveness. This Amendment shall become effective on the date on which the Administrative Agent shall have received counterparts hereof duly executed and delivered by the Borrower, the Collateral Agent, the Administrative Agent and the Required Lenders.
Condition Precedent to Effectiveness. This Agreement shall not become effective unless and until the arrangements provided for herein are approved by the Ontario Superior Court of Justice pursuant to the CCAA Proceeding.
Condition Precedent to Effectiveness. This Agreement shall become effective as of the date hereof upon the satisfaction of the following conditions: