Effective Date

Effective Date. Shall mean the date set forth in the recitals.

Effective Date. The date the transactions contemplated by the Financial Restructuring close, which may, as applicable, be the effective date of a Confirmed Plan, or at such other date, time or place as the parties may agree.

Effective Date. Means the date on which this document is fully executed, which is July 10, 2009.

Effective Date. Borrower shall deliver the following documents to Agent, in form and substance satisfactory to Agent, in its sole discretion, and, where applicable, each duly executed by each party thereto, and this Amendment shall be deemed to be effective on March 31, 2004 (retroactively if applicable) (the "EFFECTIVE DATE") upon receipt by Agent of all such documents:

Effective Date. The date on which such conditions shall have been satisfied, the "Effective Date"

Effective Date. Notwithstanding the date of execution or delivery of this Amendment or any other date set forth herein, this Amendment shall be effective upon the date (the "Effective Date") of the later of (a) receipt by Agent of all fees, charges and expenses payable to Agent or Lenders on or prior to the Effective Date pursuant to this Amendment and the Loan Documents; (b) the execution and delivery to Agent of all agreements, documents, instruments and other materials related to the New Borrower which are... contemplated by Section 6.14 of the Loan Agreement in form and substance satisfactory to Agent in its sole discretion (the "NEW BORROWER LOAN DOCUMENTS"), including, without limitation, (i) an allonge to the Revolving Note, (ii) an allonge to the Term Note, and (iii) each document (including a Uniform Commercial Code financing statement) required by any Loan Document or under law or requested by Agent to be filed, registered or recorded to create, in favor of Agent, for the benefit of Lenders, a perfected first priority security interest upon the Collateral; (c) receipt by Agent of the following documents from New Borrower, such documents to be satisfactory to Agent in its sole discretion: (i) the Charter and Good Standing Documents of New Borrower, (ii) a certificate of the corporate secretary of New Borrower dated as of the Effective Date, as to the incumbency and signature 4 of the Person executed the Loan Documents, (iii) a Solvency Certificate, (iv) original certificates of insurance policies of New Borrower as Agent shall request in its Permitted Discretion confirming that they are in effect and that the premiums due and owing with respect thereto have been paid in full and naming Agent, for the benefit of itself and Lenders, as loss payee on New Borrower's property insurance, (v) an executed IRS Form 8821, and (vi) an updated Borrowing Certificate which includes calculations with respect to New Borrower in addition to Original Borrower; and (d) execution and delivery to Agent of the following documents by Borrower, in form and substance satisfactory to Agent, in its sole discretion, and, where applicable, each duly executed by each party thereto: (i) this Amendment, duly executed by Borrower; (ii) a general certificate of each Original Borrower attaching (A) certified copies of the resolutions of the Board of Directors of each Original Borrower authorizing the execution, delivery and performance of this Amendment and any and all other Loan Documents executed by each Original Borrower in connection herewith, (B) any amendments to any Original Borrower's certificate of incorporation, bylaws or other governing documents since the Closing Date, and (C) a certificate of incumbency certified by the secretary of each Original Borrower with specimen signatures of the officers of the each Borrower who are authorized to sign such documents, all in form and substance satisfactory to Agent; and (iii) all other documents Agent may request with respect to any matter relevant to this Amendment or the transactions contemplated hereby, including, without limitation, all consents, approvals and agreements from such third parties as are necessary or desirable with respect to this Amendment and the Loan Documents executed in connection herewith. View More

Effective Date. Notwithstanding the date of execution or delivery of this First Amendment or any other date set forth herein, the effectiveness of this First Amendment and the agreement of Lender set forth herein are subject to the satisfaction of the following conditions precedent (the date on which such conditions shall have been satisfied, the "Effective Date"), all in form and substance satisfactory to Lender in its sole discretion: (a) the due execution and delivery to Lender of this First Amendment by... Borrower; (b) the representations and warranties contained herein, in the Loan Agreement and the other Loan Documents, as amended hereby, shall be true and correct as of such date, as if made on such date, except for such representations and warranties as are by their express terms limited to a specific date and remain true and correct as of such date; (c) upon giving effect to this First Amendment no Default or Event of Default shall have occurred and be continuing; and (d) all corporate proceedings necessary in connection with the transactions contemplated by this First Amendment shall have been taken and all documents, instruments and other legal matters incident thereto shall be satisfactory to Lender. View More

Effective Date. Means the effective date on which shares of the Series A Preferred Stock are first designated in Articles of Amendment filed with the Georgia Secretary of State pursuant to the provisions of O.C.G.A. § 14-2-602.

Effective Date. Upon the satisfaction in full of the following condition precedent: each party hereto shall have executed an original counterpart of this Amendment and shall have delivered (including by way of facsimile transmission) the same to the other parties hereto.

Effective Date. Shall mean August 5, 2007.