Common use of Certain Funds Clause in Contracts

Certain Funds. Notwithstanding (x) anything to the contrary in this Agreement or any other Loan Document or (y) that any condition set forth in Section 4.01 or Section 4.02 may subsequently be determined not to have been satisfied, during the Certain Funds Period (unless (i) a Certain Funds Default has occurred and is continuing or, in respect of clause (a) below, would result therefrom or (ii) in respect of clause (a) below, the conditions set forth in Section 4.02, as applicable, are not satisfied or (iii) it becomes illegal for any Lender to maintain its Commitment; provided that such Lender has used commercially reasonable efforts to maintain its Commitment through an Affiliate of such Lender not subject to a legal restriction and that the occurrence of such event in relation to one Lender shall not enable any other Lender to cancel its Commitment), each Lender shall comply with its obligations to fund Bridge Term Loans under this Agreement and no Lender shall:

Appears in 4 contracts

Samples: Second Lien Bridge Credit Agreement, Receivables Purchase Agreement (Berry Global Group Inc), Second Lien Bridge Credit Agreement (Berry Global Group Inc)

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