Conditions to Effectiveness of this Amendment Clause Samples

Conditions to Effectiveness of this Amendment. This Amendment, and the consents and approvals contained herein, shall be effective only if and when signed by, and when counterparts hereof shall have been delivered to the Agent (by hand delivery, mail or telecopy) by, Fleetwood, the Borrowers and each Lender and only if and when each of the following conditions is satisfied:

Conditions to Effectiveness of this Amendment. This Amendment shall become effective on the day (the “Effective Date”) when Seller shall have paid or delivered, as applicable, to Purchaser all of the following fees, expenses, documents and instruments, each of which shall be in form and substance acceptable to Purchaser: (a) all accrued and unpaid fees and expenses owed to Purchaser in accordance with the Facility Documents, in each case, in immediately available funds, and without deduction, set-off or counterclaim; (b) a copy of this Amendment duly executed by each of the parties hereto; (c) a (i) copy of the Amendment Number Two to the Second Amended and Restated Pricing Side Letter to the Master Repurchase Agreement, dated as of the date hereof (the “Amendment No. 2”), (ii) the Amendment Number Three to the Second Amended and Restated Master Repurchase Agreement, dated as of the date hereof, (iii) the Amendment Number Eight to the Pricing Side Letter to the Mortgage Loan Participation Purchase and Sale Agreement, dated as of the date hereof, (iv) the Amendment Number Three to the Pricing Side Letter to the Loan and Security Agreement, dated as of the date hereof, (v) the Amendment Number Six to the Loan and Security Agreement, dated as of the date hereof, and (vi) the Second Amended and Restated Acknowledgment Agreement, dated as of the date hereof, in each case duly executed by each of the parties thereto; (d) the first installment of the Renewal Fee (as defined in the Amendment No. 2); and (e) any other documents reasonably requested by Purchaser on or prior to the date hereof.

Conditions to Effectiveness of this Amendment. Notwithstanding any other provision of this Amendment and without affecting in any manner the rights of the Lenders hereunder, it is understood and agreed that this Amendment shall not become effective, and the Borrower shall have no rights under this Amendment, until the Administrative Agent shall have received (i) such fees as the Borrower has previously agreed to pay the Administrative Agent or any of its Affiliates or the Lenders in connection with this Amendment, (ii) reimbursement or payment of its reasonable and documented out-of-pocket costs and expenses incurred in connection with this Amendment or the Amended Credit Agreement (including reasonable fees, charges and disbursements of ▇▇▇▇▇▇ & Bird LLP, counsel to the Administrative Agent), and (iii) each of the following documents (the “Second Amendment Effective Date”): (a) executed counterparts to this Amendment (which may include telecopy or other electronic submission of signed signature pages) from the Borrower, Parent, the other Loan Parties, each of the Lenders (including, for the avoidance of the doubt, the Increasing Lenders) and the Administrative Agent; (b) at the request of any Lender providing a Second Amendment Revolving Commitment Increase, promissory notes (or applicable replacements thereof); (c) a certificate of the Secretary or Assistant Secretary (or, in the case of UK Loan Parties, an authorized signatory) of each Loan Party in the form of Exhibit 3.1(b)(ii) attached to the Existing Credit Agreement with such amendments as the Administrative Agent may agree, (i) attaching and certifying copies of (A) its bylaws or memorandum and articles of association or partnership agreement or limited liability company agreement or other similar agreement or resolution or document, and (B) the resolutions of such Loan Party’s board of directors or other equivalent governing body and shareholders (if required) (or comparable organizational documents and authorizations, authorizing the execution, delivery and performance of this Amendment (if applicable)) and certifying the name, title and true signature of each officer of such Loan Party executing the Loan Documents to which it is a party; (d) certified copies of the articles or certificate of incorporation, certificate of organization or limited partnership, or other registered organizational documents of each Loan Party, together (except with respect to UK Loan Parties) with certificates of good standing or existence, as may be available fr...

Conditions to Effectiveness of this Amendment. This Amendment shall become effective as of the date hereof, upon the satisfaction of the conditions precedent that:

Conditions to Effectiveness of this Amendment. Notwithstanding any other provision of this Amendment and without affecting in any manner the rights of the Lenders hereunder, it is understood and agreed that this Amendment, the increase in the Commitments and the other terms contemplated hereby shall not become effective, and the Borrower shall have no rights under this Amendment, until: (a) the Administrative Agent shall have received (i) the fees set forth in that Fee Letter dated as of November 12, 2012 among the Borrower, the Administrative Agent and RBS Securities Inc., (ii) such fees as the Borrower has previously agreed to pay the Administrative Agent or any of its affiliates in connection with this Amendment, (iii) reimbursement or payment of its costs and expenses incurred in connection with this Amendment or the Credit Agreement (including reasonable fees, charges and disbursements of King & Spalding LLP, counsel to the Administrative Agent); (b) the following credit arrangements shall have been finalized and closed by Atmos Energy Marketing, LLC (“AEM”): (i) the termination of the Fifth Amended and Restated Credit Agreement between AEM, BNP Paribas, and the other lenders party thereto; and (ii) the execution and delivery of the Continuing Letter of Credit Agreement between AEM and BNP Paribas; (c) the Administrative Agent shall have received each of the following documents: (i) executed counterparts to this Amendment from the Borrower and the Required Lenders; (ii) a certificate of the Secretary or Assistant Secretary of the Borrower in the form of Exhibit 3.1(b)(iii), attaching and certifying copies of its bylaws and of the resolutions of its boards of directors, authorizing the execution, delivery and performance of the Amendment and certifying the name, title and true signature of each officer of the Borrower executing the Amendment; (iii) certified copies of the articles or certificate of incorporation of the Borrower, together with certificates of good standing or existence, as may be available from the Secretary of State of the jurisdictions of organization of the Borrower and each other jurisdiction in which the failure to so qualify and be in good standing would have or would reasonably be expected to have a Material Adverse Effect; and (iv) a favorable written opinion of inside or outside counsel to the Borrower, addressed to the Administrative Agent and each of the Lenders, and covering such matters relating to the Borrower, the Amendment and the transactions contemplated herein as ...

Conditions to Effectiveness of this Amendment. The effectiveness of this Amendment is conditioned upon satisfaction of the following requirements:

Conditions to Effectiveness of this Amendment. (b) This Amendment shall become effective upon the latest to occur of the following (the “Effective Date”): (i) the execution and delivery of this Amendment by all parties hereto; (ii) prior notice to the Note Rating Agency; (iii) the delivery of the No MAE Certification; (iv) the delivery of the Issuer Tax Opinion; and (v) the delivery of the Authorization Opinion.

Conditions to Effectiveness of this Amendment. This Amendment shall become effective upon the date (the "Effective Date") when the following conditions are satisfied:

Conditions to Effectiveness of this Amendment. Notwithstanding any other provision of this Amendment and without affecting in any manner the rights of the Lenders hereunder, it is understood and agreed that this Amendment shall not become effective, and the Borrower shall have no rights under this Amendment, until the Administrative Agent shall have received executed counterparts to this Amendment from the Borrower, each of the Guarantors and the Required Lenders.