Common use of Conditions Precedent to Amendment Clause in Contracts

Conditions Precedent to Amendment. The satisfaction of each of the following shall constitute conditions precedent to the effectiveness of the Amendment (such date being the “Amendment Effective Date”): (a) Lender shall have received this Amendment, duly executed by the parties hereto, and the same shall be in full force and effect. (b) The representations and warranties herein and in the Loan Agreement and the other Loan Documents shall be true and correct in all respects on and as of the date hereof, as though made on such date (except to the extent that such representations and warranties relate solely to an earlier date). (c) No injunction, writ, restraining order, or other order of any nature prohibiting, directly or indirectly, the consummation of the transactions contemplated herein shall have been issued and remain in force by any Governmental Authority against Borrower or Lender. (d) No Default or Event of Default shall have occurred and be continuing or shall result from the consummation of the transactions contemplated herein. (e) All other documents and legal matters in connection with the transactions contemplated by this Amendment shall have been delivered, executed, or recorded and shall be in form and substance reasonably satisfactory to Lender.

Conditions Precedent to Amendment. The satisfaction of each of the following shall constitute conditions precedent to the effectiveness of the Amendment (such date being the “Amendment Effective Date”): (a) Lender Agent shall have received this Amendment, duly executed by the parties hereto, and the same shall be in full force and effect. (b) The representations and warranties herein and in the Loan Agreement and the other Loan Documents shall be true and correct in all respects on and as of the date hereof, as though made on such date (except to the extent that such representations and warranties relate solely to an earlier date). (c) No injunction, writ, restraining order, or other order of any nature prohibiting, directly or indirectly, the consummation of the transactions contemplated herein shall have been issued and remain in force by any Governmental Authority against Borrower or LenderAgent. (d) No Default or Event of Default shall have occurred and be continuing or shall result from the consummation of the transactions contemplated herein. (e) All other documents and legal matters in connection with the transactions contemplated by this Amendment shall have been delivered, executed, or recorded and shall be in form and substance reasonably satisfactory to LenderAgent.

Conditions Precedent to Amendment. The satisfaction of each of the following shall constitute conditions precedent to the effectiveness of the this Amendment (such date being the “Amendment Effective Date”):and each and every provision hereof: (a) Lender Agent shall have received this Amendment, duly executed by the parties hereto, and the same shall be in full force and effect. (b) Agent shall have received an amendment fee in the amount of $100,000, which amount Borrower authorizes Agent, for the benefit of the Lenders, to charge to the Loan Account. Such fee shall be fully earned and paid in full in immediately available funds on or before the date hereof. (c) The representations and warranties herein and in the Loan Credit Agreement and the other Loan Documents shall be true and correct in all material respects on and as of the date hereof, as though made on such date (except to the extent that such representations and warranties relate solely to an earlier date). (cd) No Default or Event of Default shall have occurred and be continuing on the date hereof, nor shall result from the consummation of the transactions contemplated herein. (e) No injunction, writ, restraining order, or other order of any nature prohibiting, directly or indirectly, the consummation of the transactions contemplated herein shall have been issued and remain in force by any Governmental Authority against Borrower any Borrower, any Guarantor, Agent, or any Lender. (d) No Default or Event of Default shall have occurred and be continuing or shall result from the consummation of the transactions contemplated herein. (e) All other documents and legal matters in connection with the transactions contemplated by this Amendment shall have been delivered, executed, or recorded and shall be in form and substance reasonably satisfactory to Lender.

Conditions Precedent to Amendment. The satisfaction of each of the following following, unless waived or deferred by the Agent in its Permitted Discretion, shall constitute conditions precedent to the effectiveness of the Amendment (such date being the “Amendment Effective Date”):this Amendment. (a) Lender The Agent shall have received received: (i) this Amendment, duly Amendment executed by Borrower, the parties hereto, Agent and all of the same shall be Lenders and in full force and effect.; and (ii) copies of all of the fully executed CIT Factoring Documents, such copies to be attached hereto as Exhibit A. (b) The representations and warranties herein and in the Loan Agreement and the other Loan Documents shall be true and correct in all material respects on and as of the date hereof, as though made on such date (except to the extent that such representations and warranties relate solely to an earlier date). (c) No Default or Event of Default shall have occurred and be continuing on the date hereof, nor shall any Default or Event of Default result from the consummation of the transactions contemplated herein. (d) No injunction, writ, restraining order, or other order of any nature prohibiting, directly or indirectly, the consummation of the transactions contemplated herein or by the Loan Documents shall have been issued and remain in force by any Governmental Authority against Borrower Borrower, the Agent or any Lender. (d) No Default or Event of Default shall have occurred and be continuing or shall result from the consummation of the transactions contemplated herein. (e) All other documents and legal matters in connection with the transactions contemplated by this Amendment shall have been delivered, executed, or recorded and shall be in form and substance reasonably satisfactory to Lender.

Conditions Precedent to Amendment. The satisfaction of each of the following following, on or before the First Amendment Closing Deadline, unless waived or deferred by Foothill in its sole discretion, shall constitute conditions precedent to the effectiveness of the Amendment (such date being the “Amendment Effective Date”): (a) Lender shall have received this Amendment, duly executed by the parties hereto, and the same shall be in full force and effect.: (b) a. The representations and warranties herein and in this Amendment, the Loan Agreement as amended by this Amendment, and the other Loan Documents shall be true and correct in all respects respect on and as of the date hereof, as though made on such date (except to the extent that such representations and warranties relate solely to an earlier date).; (c) b. No Event of Default or event which with the giving of notice or passage of time would constitute an Event of Default shall have occurred and be continuing on the date hereof, nor shall result from the consummation of the transactions contemplated herein; c. No injunction, writ, restraining order, or other order of any nature prohibiting, directly or indirectly, the consummation of the transactions contemplated herein shall have been issued and remain in force by any Governmental Authority governmental authority against Borrower or Lender.Foothill; and (d) No Default or Event of Default shall have occurred and be continuing or shall result from the consummation of the transactions contemplated herein. (e) d. All other documents and legal matters in connection with the transactions contemplated by this Amendment shall have been delivered, executed, delivered or executed or recorded and shall be in form and substance reasonably satisfactory to LenderFoothill and its counsel.

Conditions Precedent to Amendment. The satisfaction of each of the following shall constitute conditions precedent to the effectiveness of the Amendment (such date being the “Amendment Effective Date”): (a) Lender shall have received this Amendment, duly executed by the parties hereto, and the same shall be in full force and effect. (b) The representations and warranties herein and in the Loan Agreement and the other Loan Documents shall be true and correct in all respects on and as of the date hereof, as though made on such date (except to the extent that such representations and warranties relate solely to an earlier date). (c) No injunction, writ, restraining order, or other order of any nature prohibiting, directly or indirectly, the consummation of the transactions contemplated herein shall have been issued and remain in force by any Governmental Authority against the Borrower or Lender. (d) No Default or Event of Default shall have occurred and be continuing or shall result from the consummation of the transactions contemplated herein. (e) All other documents and legal matters in connection with the transactions contemplated by this Amendment shall have been delivered, executed, or recorded and shall be in form and substance reasonably satisfactory to Lender.

Conditions Precedent to Amendment. The satisfaction of each of the following shall constitute conditions precedent to the effectiveness of the this Amendment (such date being the “Amendment Effective Date”):and each and every provision hereof: (a) Lender Agents shall have received this Amendment, duly executed by the parties hereto, and the same shall be in full force and effect. (b) The representations and warranties herein and in the Loan Financing Agreement and the other Loan Documents shall be true and correct in all material respects on and as of the date hereof, as though made on such date (except to the extent that such representations and warranties relate solely to an earlier date). (c) No Default or Event of Default shall have occurred and be continuing on the date hereof, nor shall result from the consummation of the transactions contemplated herein. (d) No injunction, writ, restraining order, or other order of any nature prohibiting, directly or indirectly, the consummation of the transactions contemplated herein shall have been issued and remain in force by any Governmental Authority against Borrower the Borrower, any Guarantor, any Agent, or any Lender. (d) No Default or Event of Default shall have occurred and be continuing or shall result from the consummation of the transactions contemplated herein. (e) All other documents and legal matters in connection with the transactions contemplated by this Amendment shall have been delivered, executed, or recorded and shall be in form and substance reasonably satisfactory to Lender.

Conditions Precedent to Amendment. The satisfaction of each of the following shall constitute conditions precedent to the effectiveness of the this Amendment (such date being the “Amendment Effective Date”):and each and every provision hereof: (a) Lender Agent shall have received this Amendment, duly executed by the parties hereto, and the same shall be in full force and effect. (b) The representations and warranties herein and in the Loan Credit Agreement and the other Loan Documents shall be true and correct in all material respects on and as of the date hereof, as though made on such date (except to the extent that such representations and warranties relate solely to an earlier date). (c) No Default or Event of Default shall have occurred and be continuing on the date hereof, nor shall result from the consummation of the transactions contemplated herein. (d) No injunction, writ, restraining order, or other order of any nature prohibiting, directly or indirectly, the consummation of the transactions contemplated herein shall have been issued and remain in force by any Governmental Authority against Borrower Borrowers, any Guarantor, Agent or any Lender. (d) No Default or Event of Default shall have occurred and be continuing or shall result from the consummation of the transactions contemplated herein. (e) All other documents and legal matters in connection with the transactions contemplated by this Amendment shall have been delivered, executed, or recorded and shall be in form and substance reasonably satisfactory to Lender.

Conditions Precedent to Amendment. The satisfaction of each of the following shall constitute conditions precedent to the effectiveness of the this Amendment (such date being the “Amendment Effective Date”):and each and every provision hereof: (a) Lender Agent shall have received this Amendment, duly executed by the parties hereto, and the same shall be in full force and effect.; (b) The representations and warranties herein in this Amendment and in the Loan Agreement and the other Loan Documents Agreement, as amended by this Amendment, shall be true and correct in all respects on and as of the date hereof, as though made on such date (except to the extent that such representations and warranties relate solely to an earlier date).; (c) No Default or Event of Default shall have occurred and be continuing on the date hereof or as of the date of the effectiveness of this Amendment; and (d) No injunction, writ, restraining order, or other order of any nature prohibiting, directly or indirectly, the consummation of the transactions contemplated herein shall have been issued and remain in force by any Governmental Authority against Borrower the Borrower, the Agent or Lenderthe Lenders. (d) No Default or Event of Default shall have occurred and be continuing or shall result from the consummation of the transactions contemplated herein. (e) All other documents and legal matters in connection with the transactions contemplated by this Amendment shall have been delivered, executed, or recorded and shall be in form and substance reasonably satisfactory to Lender.