Conditions to Effectiveness

Conditions to Effectiveness. The amendments set forth in Section 2 hereof shall become effective when, and only when, and as of the date (the "Amendment Effective Date") on which: (a) the Administrative Agent shall have received counterparts of this Amendment Agreement executed by the Borrower, each of the Guarantors, and the Required Lenders; and (b) the Administrative Agent shall have received payment of fees and expenses of the Administrative Agent set forth in the Fee Letter, dated January 10, 2008, between the... Administrative Agent and the Borrower (including the reasonable and accrued fees of counsel to the Administrative Agent). View More

Conditions to Effectiveness. The effectiveness of this Amendment is subject to receipt by the Administrative Agent of (a) executed counterparts (or other evidence of execution, including facsimile signatures, satisfactory to the Administrative Agent) of this Amendment and the fee letters related thereto, (b) the fees payable on the date hereof as specified in the fee letters, (c) a replacement Variable Funding Note in favor of Wells Fargo Bank, N.A., with a maximum notional amount of $170,000,000 in exchange for the... existing $150,000,000 Variable Funding Note in favor of Wells Fargo N.A. and (d) an opinion of counsel to the Borrower in form and substance acceptable to the Administrative Agent. View More

Conditions to Effectiveness. Amendment shall become effective upon Agent's and Lender's receipt of a fully-executed counterpart of this Amendment signed by Borrower

Conditions to Effectiveness. This Amendment shall become effective as of the date on which the Purchaser shall have received, in form and substance satisfactory to it (the "Effective Date") this Amendment, duly executed by the Sellers, the Seller Representative and the Guarantor.