Conditions to Restatement Date Sample Clauses
The "Conditions to Restatement Date" clause defines the specific requirements that must be satisfied before a contract or agreement can be formally restated or become effective as amended. Typically, these conditions may include the receipt of necessary approvals, completion of due diligence, or the fulfillment of certain covenants by the parties involved. By clearly outlining these prerequisites, the clause ensures that all parties are aligned on what must occur before the restated agreement takes effect, thereby reducing the risk of disputes and ensuring a smooth transition to the new contractual terms.
Conditions to Restatement Date. The agreement of each Lender to make the initial extension of credit requested to be made by it on the Restatement Date is subject to the satisfaction, prior to or concurrently with the making of such extension of credit on the Restatement Date, of the following conditions precedent:
Conditions to Restatement Date. The obligation of each Lender to make the initial Loans, to issue any initial Letters of Credit and the occurrence of the Restatement Date hereunder is subject to satisfaction of the following conditions precedent:
(a) Administrative Agent’s receipt of the following, each of which shall be originals or facsimiles (followed promptly by originals) unless otherwise specified, each properly executed by a Responsible Officer of the signing Loan Party (where applicable), each dated the Restatement Date (or, in the case of certificates of governmental officials, a recent date before the Restatement Date) and each in form and substance reasonably satisfactory to Administrative Agent and its legal counsel:
(i) counterparts executed by the Loan Parties of each Loan Document, including, without limitation, this Agreement, each Guaranty, Pledge Agreement and with respect to each Collateral Property the Environmental Indemnity and the Collateral Documents, in each case, sufficient in number for distribution to Administrative Agent, each Lender, and Borrowers; provided that with respect to the Santa ▇▇▇▇▇▇ Owner and the ▇▇▇▇▇ House Owner, Collateral Documents shall include amendments and reaffirmations of existing Collateral Documents;
(ii) Notes executed by Borrowers in favor of each Lender requesting a Note;
(iii) fully executed Operating Lease Subordination Agreements;
(iv) such certificates of resolutions or other action, incumbency certificates, and/or other certificates of Responsible Officers of each Loan Party as Administrative Agent may require evidencing the identity, authority, and capacity of each Responsible Officer thereof authorized to act as a Responsible Officer in connection with this Agreement and the other Loan Documents to which such Loan Party is a party;
(v) copies of the Organizational Documents of each Loan Party (or certification that copies of such are on file with Administrative Agent remain true and correct), together with such other documents and certifications as Administrative Agent may reasonably require to evidence that each Loan Party is duly organized or formed, and that each Loan Party is validly existing, in good standing, and qualified to engage in business in each jurisdiction where its ownership, lease or operation of properties or the conduct of its business requires such qualification, except to the extent that failure to be so qualified could not reasonably be expected to have a Material Adverse Effect;
(vi) a favorable opinio...
Conditions to Restatement Date. This Agreement shall become effective upon, and the obligation of each Lender to continue the Term Loans and to make the initial Revolving Loans (if any) on the Restatement Date, is subject to, the satisfaction of the following conditions precedent:
Conditions to Restatement Date. This Agreement and the obligations of the Lenders (including the Swingline Lender) to make Loans and the obligation of the Issuing Bank to issue any Letter of Credit hereunder shall be effective upon satisfaction or waiver of the following conditions precedent in each case in form and substance reasonably satisfactory to the Administrative Agent and each Lender:
Conditions to Restatement Date. The agreement of each Lender to make the Loans requested to be made by it on the Restatement Date and participate in any Letters of Credit issued on the Restatement Date and the agreement of the Agent to issue any Letters of Credit requested to be issued on the Restatement Date are subject to the satisfaction, immediately prior to or concurrently with the making of such Loans and/or the issuance of and participation in such Letters of Credit on the Restatement Date, of the following conditions precedent:
Conditions to Restatement Date. The Restatement Date shall occur on the date of satisfaction of the following conditions precedent:
Conditions to Restatement Date. [Intentionally Omitted].
Conditions to Restatement Date. This Agreement became effective on the Restatement Date upon satisfaction or waiver of the conditions set forth in Section 4 of the Second Amendment.
Conditions to Restatement Date. The agreement of each Lender to make any Loan or other extension of credit requested to be made by it on the Restatement Date, or to convert any Existing Term Loan into a Tranche B-2 Term Loan, is subject to the satisfaction or waiver, prior to or concurrently with the making of such extension of credit or conversion on the Restatement Date, of the following conditions precedent:
Conditions to Restatement Date. (a) The assignment of interests in the Original Note, and the simultaneous cancellation of the Original Note and issuance of the Class A Notes and Class B Notes on the Restatement Date is subject to the satisfaction of the conditions set forth in Section 2.11 of the Indenture (other than Sections 2.11(c)(with respect to security interest matters), (e), (g), (h), (i), (j), (k) (with respect to monies that have yet to be deposited for two (2) Business Days as permitted by Section 5.02(a)) and (n), and it being understood that the condition set forth in Section 2.11(f) shall relate to the Restatement Date and the condition set forth in Section 2.11(m) shall relate to financial statements for the fiscal year ending December 31, 2003) and of the following conditions (any or all of which (except Section 4.01(c)) may be waived by the Agent in the Agent's sole discretion):
(b) Each of the Transaction Documents shall be in full force and effect and all consents, waivers and approvals necessary for the consummation of the transactions contemplated by the Transaction Documents shall have been obtained and shall be in full force and effect, and all other legal matters relating to the Transaction Documents and the transactions contemplated thereby, shall be reasonably satisfactory in all respects to the Purchasers, the Financial Institutions and the Agent, and each of the parties to such agreements shall have furnished to each of the Purchasers, the Financial Institutions and the Agent all documents and information that any of them or their counsel may reasonably request to enable them to pass on such matters.
(c) Each of the representations and warranties contained in this Agreement, the Indenture, the Contribution Agreement, the Sale and Servicing Agreement, and the other Transaction Documents made by each of the parties to such agreements shall be true and correct in all material respects as of the time of the Restatement Date as though made as of such time (except to the extent that they expressly relate to an earlier time, then such representations and warranties shall be true and correct as of such earlier time).