Condition subsequent clause samples

1.2 Condition Subsequent. The Parties (a)acknowledge that the Lessee is in the process of obtaining a declaration of the Finance Department of the State of Minas Gerais confirming the Inclusion of Lessee in the Collection Special System relating to collection of the ICMS (Tax on Distribution of Goods and Services) due (“Declaration of Inclusion in the Collection Special System”), which Lessee expects to obtain soon, and (b)represent that the issue of said declaration is relevant to the operations intended to be carried out by Lessee at the Property and, therefore, of interest for Lessee to enter into this agreement, in the terms and conditions set forth herein. For that reason the Parties agree that Lessee shall take measures to obtain the Declaration of Inclusion in the Collection Special Regime within thirty (30)days as from the date hereof, being established that a proven and final denial in the application process shall be deemed a condition subsequent of this Agreement, as provided for by articles 127 and 128 of the Brazilian Civil Code (“Condition Subsequent”).

8.Condition Subsequent. As a condition subsequent to this Amendment, Borrower agrees to promptly pay all of Lenders’ Expenses incurred in connection with this Amendment and that Collateral Agent and each Lender may debit (or ACH) any deposit accounts, maintained by Borrower or any Loan Party, including the Designated Deposit Account for such Lenders’ Expenses in accordance with Section 2.3(d) of the Loan Agreement.

§3. Condition Subsequent. The Borrower agrees to deliver to the Administrative Agent by not later than September 17, 2019 a signed certificate from a Responsible Officer of the Borrower in form and substance satisfactory to the Administrative Agent certifying to, and attaching a copy of, the resolutions of the board of trustees of the Borrower ratifying the decrease in the Aggregate Commitment Amount as contemplated by this Third Amendment, certified by a Responsible Officer of the Borrower to be true and correct and in force and effect as of the date of such delivery.

SECTION 5. Condition Subsequent. Within fifteen (15) calendar days of the Amendment Effective Date, Buyer shall have received, satisfactory evidence that Uniform Commercial Code Financing Statement (UCC-1) No. 52277733, filed with the Department of Treasury in the State of New Jersey, has been modified, amended or terminated pursuant to a filed UCC-3 in form and substance acceptable to Buyer in its sole discretion.

4. Condition Subsequent. No later than December 31, 2016 the Borrower shall the provide Agent evidence satisfactory to the Agent that it has received the Release of Restricted Insurance Closure Fund.

SECTION7. Condition Subsequent. The Administrative Agent shall receive that certain Amendment No.1 to Acknowledgment Agreement, executed and delivered by duly authorized officers of Administrative Agent, Seller and Government National Mortgage Association on or before April24, 2020.

Condition Subsequent.The continued effectiveness of this Amendment after October 3, 2016 is subject to the receipt by the Lender of an amendment fee in the amount of $500,000 no later than 3:00 PM New York City time on October 3, 2016.