Common use of Conditions Not Fulfilled Clause in Contracts

Conditions Not Fulfilled. If the Commitment is not borrowed owing to nonfulfillment of any condition precedent specified in Article 3, neither party hereto shall be responsible to any other party for any damage or loss by reason thereof, except that Borrower shall be in any event liable to pay the fees, Taxes, and expenses for which it is obligated hereunder.

Appears in 2 contracts

Samples: Loan Agreement (Key Technology Inc), Loan Agreement (Key Technology Inc)

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Conditions Not Fulfilled. If the Commitment is not borrowed drawn upon owing to nonfulfillment of any condition precedent specified in Article 3III hereof, neither party hereto shall be responsible to any the other party for any damage or loss by reason thereof, except that the Borrower shall be in any event be liable to pay the fees, Taxes, Other Taxes and expenses for which it is obligated hereunder.

Appears in 1 contract

Samples: Credit Agreement (International Rectifier Corp /De/)

Conditions Not Fulfilled. If the Burdxxx Xxxmitment or the Revolving Commitment is not borrowed borrowed, owing to nonfulfillment of any condition precedent specified in Article 3, neither no party hereto shall be responsible to any other party for any damage or loss by reason thereof, except that Borrower shall be in any event be liable to pay the fees, Taxes, expenses and expenses certain losses and costs for which it is obligated hereunder, including the indemnities set forth in Section 2.8(c).

Appears in 1 contract

Samples: Loan Agreement (Spacelabs Medical Inc)

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Conditions Not Fulfilled. If the Commitment is not borrowed owing to nonfulfillment of any condition precedent specified in Article 33 hereof, neither no party hereto shall be responsible to any other party for any damage or loss by reason thereof, except that the Borrower shall be in any event liable to pay the fees, Taxes, and expenses for which it is obligated hereunder.

Appears in 1 contract

Samples: Loan Agreement (Cascade Corp)

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