First Amendment Effective Date

First Amendment Effective Date. Shall have the meaning assigned to the term "Amendment Effective Date" in the First Amendment.

First Amendment Effective Date. The first date (the "First Amendment Effective Date") on which: (a) the Administrative Agent (or its counsel) shall have received duly executed counterparts hereof that, when taken together, bear the authorized signatures of the Company, each Borrowing Subsidiary, the Administrative Agent, the London Agent, each Person whose name appears on Schedule 2.01 hereto and each Person whose name appears on Schedule 2.06 hereto; (b) the Administrative Agent (or its counsel) shall have received a... Reaffirmation Agreement, in form and substance satisfactory to the Administrative Agent, duly executed by each Loan Party, pursuant to which each Loan Party shall consent to the amendments effected by this Amendment and acknowledge that the Guarantee Agreement remains in full force and effect in accordance with its terms and constitutes a guarantee of the Obligations as modified by this Amendment; (c) the Administrative Agent shall have received such documents and certificates as the Administrative Agent or its counsel may reasonably request relating to the organization, existence and good standing of each Loan Party and authorization of this Amendment and the Reaffirmation Agreement referred to in clause (b) above, all in form and substance reasonably satisfactory to the Administrative Agent; 3 (d) the Administrative Agent shall have received a favorable written opinion (addressed to the Administrative Agent, the Lenders as of the First Amendment Effective Date and the Issuing Banks and dated the First Amendment Effective Date) of (i) Wachtell, Lipton, Rosen & Katz, counsel for the Company, (ii) in-house counsel for the Company and (iii) local counsel in each jurisdiction, other than Colorado and Tennessee, in which a Loan Party is organized and the laws of which are not covered by the opinion referred to in clause (i) above, in each case in form and substance reasonably satisfactory to the Administrative Agent; (e) the Administrative Agent shall have received a certificate, dated the First Amendment Effective Date and signed by the President, a Vice President or a Financial Officer of the Company, confirming the accuracy of the representations and warranties set forth in Section 4 hereof; (f) the Administrative Agent shall have received (i) for the account of each Person whose name appears on Schedule 2.01 hereto and that executes and delivers a copy of this Amendment to the Administrative Agent, an amendment fee in an amount equal to the percentage specified in the Summary of Principal Terms and Conditions previously posted to the Lenders (the "Summary") of the aggregate amount of the Commitments, if any, of such Person as in effect immediately prior to the effectiveness of this Amendment and (ii) for the account of each Person whose name appears on Schedule 2.01 hereto, an upfront fee in an amount equal to the percentage specified in the Summary of the aggregate amount, if any, by which the aggregate amount of the Commitments of such Person as set forth on Schedule 2.01 hereto exceeds the aggregate amount of the Commitments, if any, of such Person as in effect immediately prior to the effectiveness of this Amendment; (g) the Administrative Agent shall have received all other fees and other amounts due and payable on or prior to the First Amendment Effective Date, including, any amounts payable to it for the account of any Lender pursuant to the penultimate sentence of Section 9.02(b) of the Credit Agreement and, to the extent invoiced, reimbursement or payment of all reasonable out-of-pocket expenses (including reasonable fees, charges and disbursements of counsel) required to be reimbursed or paid by the Company under the Credit Agreement; (h) the Administrative Agent shall have received, for the account of each Lender and each Issuing Bank party to the Credit Agreement immediately prior to the effectiveness of this Amendment, all interest and fees accrued but unpaid under the Credit Agreement in respect of periods prior to the First Amendment Effective Date; and (i) each Lender shall have received all documentation and other information required to be obtained by such Lender under applicable "know your customer" and anti-money laundering rules and regulations, including the USA Patriot Act. The Administrative Agent shall notify the Company, the Lenders and the Issuing Banks of the First Amendment Effective Date, and such notice shall be conclusive and binding. View More

First Amendment Effective Date. The amendments contemplated hereby shall become effective as of the first date (the "First Amendment Effective Date") on which:

First Amendment Effective Date. Means the "Amendment Effective Date" as defined in the First Amendment.

First Amendment Effective Date. Shall mean June 6, 2000.

First Amendment Effective Date. Means March 24th, 2006.

First Amendment Effective Date. SHALL MEAN THE DATE ON WHICH: (i) THE CLOSING OF THE TFC CONDUIT LOAN OCCURS; AND (ii) AGENT DETERMINES, IN ITS SOLE AND ABSOLUTE DISCRETION, THAT EACH OF THE CONDITIONS SET FORTH IN SECTION 41 OF THE FIRST AMENDMENT HAVE BEEN SATISFIED.

First Amendment Effective Date. Shall mean the "Effective Date" as such term is defined in the First Amendment.

First Amendment Effective Date. Shall mean April 5, 2000.

First Amendment Effective Date. Means the date upon which all of the conditions as identified in paragraph 7 of the First Amendment have been satisfied.