Common use of Effectiveness Conditions Clause in Contracts

Effectiveness Conditions. This Amendment shall be effective (the “Effective Time”) upon completion of the following conditions precedent (all documents to be in form and substance satisfactory to Investor and Investor’s counsel): (a) execution and delivery by Company to Investor of this Amendment; (b) delivery by Company to the Investor of a secretary’s certificate, dated as of the Effective Time, as to (i) the resolutions adopted by the Board of Directors approving the transactions contemplated hereby, (ii) the Articles of Incorporation and the Bylaws of the Company, each as in effect as of the Effective Time, and (iii) the authority and incumbency of the officers of the Company executing this Amendment and any other documents required to be executed or delivered in connection therewith; and (c) execution and/or delivery by Company of all agreements, instruments and documents requested by Investor to effectuate and implement the terms hereof and the terms of any document or instrument referenced hereby or to be executed hereunder.

Appears in 9 contracts

Sources: Investment Agreement, Investment Agreement, Investment Agreement

Effectiveness Conditions. This Amendment shall be effective (the “Effective Time”) upon completion of the following conditions precedent (all documents to be in form and substance satisfactory to Investor and Investor’s counsel): (a) execution Execution and delivery by Company to Investor of this Amendment; (b) Execution and delivery by the Company to the Investor of a duly completed Borrowing Notice. (c) Delivery by Company to the Investor of a secretary’s certificate, dated as of the Effective Timedate hereof, as to (i) the resolutions adopted by the Board of Directors approving the transactions contemplated hereby, (ii) the Articles of Incorporation and Incorporation, (iii) the Bylaws of the CompanyBylaws, each as in effect as of the Effective Timedate hereof, and (iiiiv) the authority and incumbency of the officers of the Company executing this Amendment and any other documents required to be executed or delivered in connection therewith; and; (cd) execution Execution and/or delivery by Company of all agreements, instruments and documents requested by Investor to effectuate and implement the terms hereof and the terms of any document or instrument referenced hereby or to be executed hereunderTransaction Documents.

Appears in 1 contract

Sources: Investment Agreement (Desert Hawk Gold Corp.)

Effectiveness Conditions. This Amendment shall be effective (the “Effective Time”) upon completion of the following conditions precedent (all documents to be in form and substance satisfactory to Investor and Investor’s counsel): (a) execution and delivery by Company to Investor of this Amendment; (b) delivery by Company to the Investor of a secretary’s certificate, dated as of the Effective Time, as to (i) the resolutions adopted by the Board of Directors approving the transactions contemplated hereby, (ii) the Articles of Incorporation and the Bylaws of the Company, each as in effect as of the Effective Time, and (iii) the authority and incumbency of the officers of the Company executing this Amendment and any other documents required to be executed or delivered in connection therewith; (c) within ten business days from the date hereof ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ and ▇▇▇▇ ▇▇▇ shall have resigned from all officer and director positions with the Company and any of its subsidiaries and the Company shall have entered into separation agreements, on terms and conditions reasonably satisfactory to the Investor; and (cd) execution and/or delivery by Company of all agreements, instruments and documents requested by Investor to effectuate and implement the terms hereof and the terms of any document or instrument referenced hereby or to be executed hereunder.

Appears in 1 contract

Sources: Investment Agreement (Desert Hawk Gold Corp.)