Conditions to Effectiveness and Certain Agreements

Conditions to Effectiveness and Certain Agreements. This Waiver shall be deemed effective (subject to the conditions herein contained) as of the Waiver Effective Date when the Administrative Agent has received counterparts hereof duly executed by the Borrower, the Administrative Agent and the Required Lenders and upon the prior or concurrent satisfaction of each of the following conditions: (a) the Administrative Agent shall have received for its own account, if then invoiced, any amounts payable pursuant to Section 10.3 of the First Lien Credit... Agreement; (b) the Borrower shall have represented and warranted that the representations and warranties in Section 4 below are true and correct; and (c) no Borrowing Base Deficiency, Default or Event of Default shall have occurred and be continuing. Delivery by the Borrower of an executed counterpart of this Waiver to the Administrative Agent shall constitute a representation and warranty by the Borrower that the statements in the foregoing clauses (a), (b) and (c) are true and correct. View More