Certain Funds Period Sample Clauses

Certain Funds Period. During the period from and including the date on which counterparts of this Agreement signed by the parties hereto (and counterparts to any other Loan Document entered into concurrently with the Agreement) are delivered to the Administrative Agent to and including the earlier to occur of (x) the Closing Date, after giving effect to the funding of Loans on such date and (y) the Termination Date (such period, the “Certain Funds Period”), and notwithstanding (i) that any representation made on such date or on the Effective Date or the Closing Date (excluding the Specified Representations and/or Alere Acquisition Agreement Representations given as a condition to the Closing Date) was incorrect, (ii) any failure by the Borrower to comply with the affirmative covenants, negative covenants and financial covenant, (iii) any provision to the contrary in any Loan Document or otherwise or (iv) that any condition to the occurrence of the Effective Date may subsequently be determined not to have been satisfied, neither the Administrative Agent nor any Lender shall be entitled to (1) cancel any of its Commitments hereunder, (2) rescind, terminate or cancel any Loan Document or exercise any right or remedy or make or enforce any claim under the Loan Documents or otherwise it may have to the extent to do so would prevent, limit or delay the making of its Loan, (3) refuse to participate in making its Loan on the Closing Date; provided that the applicable conditions precedent to the making of the Loan set forth in Section 3.02 have been satisfied, or (4) exercise any right of set-off or counterclaim in respect of its Loan to the extent to do so would prevent, limit or delay the making of its Loan. Notwithstanding anything to the contrary contained herein, (A) the rights and remedies of the Lenders and the Administrative Agent shall not be limited in the event that any applicable condition precedent set forth in Section 3.02 is not satisfied on the Closing Date and (B) immediately after the expiration of the Certain Funds Period, all of the rights, remedies and entitlements of the Administrative Agent and the Lenders shall be available notwithstanding that such rights were not available prior to such time as a result of the foregoing.
Certain Funds Period. Notwithstanding any other term of this Agreement or any other Senior Finance Document, during the Certain Funds Period, unless a Certain Funds Default is continuing or would result from the proposed Loan, neither the Agent nor any of the Lenders shall:
Certain Funds Period during the Certain Funds Period, at any time after the happening of a Major Default; or
Certain Funds Period. The date on which the applicable advance is made is within the Certain Funds Period;
Certain Funds Period. Once each of the conditions precedent set forth in Section 6.1(a), 6.4, 6.5 and 6.10 shall have been satisfied and if each of the conditions precedent set forth in Sections 6.2(m) and 6.9 shall be satisfied contemporaneously with the initial Borrowings hereunder, the Lenders shall only be entitled to (a) decline to make available any Term Loan to be made on the Funding Date or any Revolving Credit Loan to be made on the Funding Date or (b) exercise any right to cancel or terminate any Term Loan Commitment to make a Term Loan on the Funding Date or any Revolving Credit Commitment to make a Revolving Credit Loan on the Funding Date, in each case to finance the Acquisition, the refinancing of the 2003 Credit Agreement, the refinancing of certain existing Indebtedness of the Target, the payment of 115 Transaction Expenses and any other transactions relating to the foregoing, if any of the following events, circumstances or conditions shall be present:
Certain Funds Period. To assist the Group to have sufficient funds available to fulfil its obligations in connection with the Acquisition, the Banks shall not on or prior to the Merger Completion Date decline to permit any Facility to be utilised hereunder as a consequence of:
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Certain Funds Period. During the Certain Funds Period (save in circumstances where a condition precedent set forth in Section 4.02 shall fail to be satisfied or, in the case of a particular Lender, it would be illegal for that Lender to participate in making the Loans hereunder), none of the Lenders shall be entitled to:
Certain Funds Period. 4.3.1 During the Certain Funds Period and notwithstanding any provision of the Finance Documents to the contrary but subject to Clause 4.1 (Initial conditions precedent), the Banks will only be obliged to comply with Clause 5.3 (Bank's participation) in relation to a Loan if, on the date of the Request and on the proposed Drawdown Date:
Certain Funds Period. During the Certain Funds Period neither the Facility Agent nor any of the Lenders will:
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