Conditions Precedent. This Amendment shall be effective (the “Fifth Amendment Closing Date”) when the [[Organization B:Organization]] shall have received # a copy hereof executed by the [[Organization A:Organization]] and # all documents, instruments and information identified on [Schedule I] hereto.

Subject to the terms and conditions herein contained, the Loan shall become the Commitment and available to the Borrower ONLY:

Conditions Precedent. Except as provided in Section 3.4, this Agreement shall not be binding unless and until each of the following conditions are satisfied (“Conditions Precedent”):

Conditions Precedent. The performance of every covenant to be performed by Borrower, and the truth of every representation made by Borrower, shall be a condition precedent to each and every advance to be made by Lender under the terms hereof, or to any other obligation whatsoever of Lender under the terms hereof; and, Lender shall not be required to make any advance to Borrower at a time that Borrower is then in default on any obligation to Lender, or in default hereunder or under any instrument executed pursuant hereto.

Conditions Precedent. This Amendment shall become effective upon the satisfaction in full of each of the following conditions:

Conditions Precedent. Notwithstanding anything to the contrary set forth herein, the terms and provisions of this Amendment shall not be effective unless and until all of the following shall have occurred:

Conditions Precedent. This Amendment shall become effective as of the date hereof upon receipt by the Administrative Agent of executed counterparts of this Amendment properly executed by a Responsible Officer of each Loan Party, the Required Lenders, the Required Pro Rata Facilities Lenders, the Required Revolving Lenders and the Administrative Agent.

Conditions Precedent. The effectiveness of this Waiver Agreement is subject to satisfaction of the following conditions precedent (the date on which all of the following conditions are satisfied or waived in accordance with the Note, the “Waiver Effective Date”):

Conditions Precedent. This Agreement shall become effective upon receipt by the Administrative Agent of counterparts of this Agreement, properly executed by the Borrower, the Co- Borrower and each Lender.

Effectiveness; Conditions Precedent. The effectiveness of this Agreement and the Termination Date Extension provided in Section 1 hereof are subject to the following conditions precedent: