Common use of Conditions for Effectiveness Clause in Contracts

Conditions for Effectiveness. This Agreement shall become effective, and the obligation of each Lender to advance any initial Revolving Loans, shall only take effect, on the date (the “Effective Date”) on which each of the following conditions has been satisfied (or waived in accordance with Section 9.11): (a) The Lender shall have received counterparts of this Agreement duly executed (including by facsimile or other electronic means) by all parties to this Agreement. (b) The Lender shall have received evidence that, substantially concurrently with the Effective Date, the TP LLC IPO shall occur. (c) Each of the representations and warranties of the Loan Parties set forth herein and in the other Credit Documents shall be true and correct in all material respects as of the Effective Date, except to the extent that any such representation or warranty relates solely to an earlier date, in which case it shall have been true and correct in all material respects as of such earlier date. (d) No Default or Event of Default shall have occurred and be continuing. (e) Payment of all fees and all expenses incurred through the Effective Date then due and owing to the Lenders pursuant to this Agreement, and as otherwise agreed in writing by the Borrower. (f) Each Lender that is organized under the laws of any jurisdiction other than the United States of America or any State thereof shall have delivered to the Borrower any applicable forms as described in Section 3.3(f) or clause (i) of Section 9.10(e).