Common use of Failure to Satisfy Conditions Precedent Clause in Contracts

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Xxxxxx as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Credit Extension set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent promptly shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Credit Agreement (Biogen Inc.)

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Failure to Satisfy Conditions Precedent. If any Lender Holder makes available to the Administrative Agent funds for any Loan to be made by such Xxxxxx Holder as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Credit Extension Borrowing set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent promptly shall return such funds (in like funds as received from such LenderHolder) to such LenderHolder, without interest.

Appears in 1 contract

Samples: Credit Agreement (Greenbrier Companies Inc)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Xxxxxx Lxxxxx as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Credit Extension Borrowing set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall promptly shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Ventas, Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Xxxxxx as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the Borrower Parties by the Administrative Agent because the conditions to the applicable Credit Extension set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent promptly shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Credit Agreement (Cousins Properties Inc)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Xxxxxx Lxxxxx as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the applicable Borrower by the Administrative Agent because the conditions to the applicable Credit Extension set forth in Article IV V are not satisfied or waived in accordance with the terms hereof, the Administrative Agent promptly shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Credit Agreement (Montrose Environmental Group, Inc.)

Failure to Satisfy Conditions Precedent. If Subject to Section 8.04, if any Lender makes available to the Administrative Agent funds for any Loan to be made by such Xxxxxx as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Credit Extension Borrowing set forth in Article IV Section 4.02 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent promptly shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Biogen Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Xxxxxx Lender to the Borrower as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Credit Extension set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall promptly shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Foresight Energy LP)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Bridge Loan to be made by such Xxxxxx Lender as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Credit Extension borrowing of Bridge Loans set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent promptly shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Bridge Loan Agreement (Copano Energy, L.L.C.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Xxxxxx as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the Borrower Borrowers by the Administrative Agent because the conditions to the applicable Credit Extension Borrowing set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent promptly shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Credit Agreement

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Initial Loan to be made by such Xxxxxx Lender as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Credit Extension Initial Loans set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent promptly shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Bridge Loan Agreement (Toys R Us Inc)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Xxxxxx Lender as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to either or both of the Borrower Borrowers by the Administrative Agent because the conditions to the applicable Credit Extension Borrowing set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent promptly shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Credit Agreement (Media General Inc)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Xxxxxx as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Credit Extension set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent promptly shall return such funds (in like funds as received from such Lender) to such Lender, without interest.. 54 #96922345v9

Appears in 1 contract

Samples: Credit Agreement (Perella Weinberg Partners)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Xxxxxx Lender as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Credit Extension Term Loan set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall promptly shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Credit Agreement (Total System Services Inc)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any the Term Loan to be made by such Xxxxxx Lender as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Credit Extension Term Loan set forth in Article IV V are not satisfied or waived in accordance with the terms hereof, the Administrative Agent promptly shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Term Loan Agreement (Matria Healthcare Inc)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any the Initial Loan to be made by such Xxxxxx Lender as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article ARTICLE II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Credit Extension Loan set forth in Article ARTICLE IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent promptly shall return such funds (in like funds as received from such Lender) to such Lender, Lender without interest.

Appears in 1 contract

Samples: Credit Agreement (Great Atlantic & Pacific Tea Co Inc)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Term Loan to be made by such Xxxxxx Lender as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Credit Extension Borrowing set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent promptly shall return such funds (in like funds as received from such Lender) to such LenderLender on demand, without interest.

Appears in 1 contract

Samples: Second Lien Credit Agreement (TGPX Holdings I LLC)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Term Loan to be made by such Xxxxxx Lender as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Credit Extension Term Loan set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the then Administrative Agent shall promptly shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Loan and Security Agreement (Intercloud Systems, Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Xxxxxx Lender as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the Borrower Parties by the Administrative Agent because the conditions to the applicable Credit Extension advance of Loans set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent promptly shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Loan Agreement (Cousins Properties Inc)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any the Loan to be made by such Xxxxxx Lender on the Closing Date as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Credit Extension Borrowing set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent promptly shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Credit Agreement (Advanced Emissions Solutions, Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Xxxxxx Lxxxxx as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II‎Article II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Credit Extension set forth in Article IV‎Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent promptly shall return such funds (in like funds as received from such Lender) to such LenderLender on demand, without interest.

Appears in 1 contract

Samples: Revolving Credit Agreement (EngageSmart, Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Xxxxxx as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Credit Extension set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent promptly shall return such funds (in like funds as received from such Lender) to such LenderLender no later than the next succeeding Business Day, without interest.

Appears in 1 contract

Samples: Credit Agreement (KLDiscovery Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Xxxxxx as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article IIIII, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Credit Extension Loan set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent promptly shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Credit Agreement (Autozone Inc)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Xxxxxx as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Credit Extension Loans set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent promptly shall return such funds promptly (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Credit Agreement (Fluent, Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Xxxxxx as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the Borrower Borrowers by the Administrative Agent because the conditions to the applicable Credit Extension Loans set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent promptly shall return such funds promptly (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Credit Agreement

Failure to Satisfy Conditions Precedent. If any Lender --------------------------------------- makes available to the Administrative Agent funds for any Loan to be made by such Xxxxxx Lender as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the Borrower by ---------- the Administrative Agent because the conditions to the applicable Credit Extension set forth in Article IV are not satisfied or waived ---------- in accordance with the terms hereof, the Administrative Agent promptly shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Credit Agreement (Cenveo, Inc)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Xxxxxx Lender as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article ARTICLE II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Credit Extension Borrowing set forth in Article ARTICLE IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent promptly shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Credit Agreement (FX Alliance Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Xxxxxx as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Credit Extension set forth in Article IV are not satisfied or waived CHAR2\2846261v9 in accordance with the terms hereof, the Administrative Agent promptly shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Credit Agreement (Sonoco Products Co)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Xxxxxx as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Credit Extension set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent promptly shall return such funds (in like funds as received from such Lender) to such Lender, without interest.. CHAR1\1952893v1

Appears in 1 contract

Samples: Credit Agreement (Tennessee Valley Authority)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Xxxxxx Lender as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Credit Extension Borrowing set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent promptly shall return such funds (in like funds as received from such Lender) to such Lender, without interest...

Appears in 1 contract

Samples: Credit Agreement (JOANN Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Term Loan to be made by such Xxxxxx Lender as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Credit Extension Term Loan Borrowing set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent promptly shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Vulcan Materials CO)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Xxxxxx Lender as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article ARTICLE II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Credit Extension Borrowing set forth in Article ARTICLE IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent promptly shall return such funds (in like funds as received from such Lender) to such LenderLender promptly, without interest.

Appears in 1 contract

Samples: Term Loan Facility Credit Agreement (Gilead Sciences Inc)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Xxxxxx Lxxxxx as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the applicable Borrower by the Administrative Agent because the conditions to the applicable Credit Extension set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent promptly shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Credit Agreement (Verisk Analytics, Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Xxxxxx as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article ARTICLE II, and such funds are not made available to the applicable Borrower by the Administrative Agent because the conditions to the applicable Credit Extension set forth in Article ARTICLE IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent promptly shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Pledge Agreement (Ciena Corp)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Xxxxxx Lender as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article IILoan Agreement, and such funds are not made available to the Borrower Borrowers by the Administrative Agent because the conditions to the applicable Credit Extension Loan set forth in Article IV Sections 11 and 12 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent promptly shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Credit Agreement (TAL International Group, Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Xxxxxx as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the Borrower Borrowers by the Administrative Agent because the conditions to the applicable Credit Extension set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent promptly shall return such funds (in like funds as received from such Lender) to such Lender, without interest.. Ichor - Credit Agreement AmericasActive:16021031.13

Appears in 1 contract

Samples: Credit Agreement (Ichor Holdings, Ltd.)

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Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Xxxxxx Lender to the Company as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the Borrower Company by the Administrative Agent because the conditions to the applicable Credit Extension Loan set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall promptly shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Term Loan Agreement (Conagra Brands Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Xxxxxx Lender as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Credit Extension Borrowing set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall promptly shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Term Loan Agreement (Willis Group Holdings PLC)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Xxxxxx as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Credit Extension set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent promptly shall 114 return such funds (in like funds as received from such Lender) to such LenderLender on demand, without interest.

Appears in 1 contract

Samples: Credit Agreement (Farfetch LTD)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Term Loan to be made by such Xxxxxx Lxxxxx as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Credit Extension Term Loans set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent promptly shall return such funds (in like funds as received from such Lender) to such Lender, Lender without interest.

Appears in 1 contract

Samples: Credit Agreement (Echo Pharma Acquisition LTD)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Term Loan to be made by such Xxxxxx Lender as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the Borrower Borrowers by the Administrative Agent because the conditions to the applicable Credit Extension Term Loans set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent promptly shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Second Lien Credit Agreement (Prospect Medical Holdings Inc)

Failure to Satisfy Conditions Precedent. If any Lender Bank makes available to the Administrative Agent funds for any Loan to be made by such Xxxxxx Bank as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Credit Extension Loan set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent promptly shall return such funds (in like funds as received from such LenderBank) to such LenderBank, without interest.

Appears in 1 contract

Samples: Credit Agreement (JBG SMITH Properties)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Xxxxxx Lender as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available distributed to the Borrower by the Administrative Agent because the conditions to the applicable Credit Extension set forth in Article IV Section 4.01 of the Existing Term Loan Agreement are not satisfied or waived in accordance with the terms hereofthereof, the Administrative Agent promptly shall return such funds (in like funds as received from such Lender) ), without interest, to such Lender, without interest.

Appears in 1 contract

Samples: Credit Agreement (Spansion Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Xxxxxx Lender as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the Borrower Borrowers by the Administrative Agent because the conditions to the applicable Credit Extension Loans set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent promptly shall return such funds promptly (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Credit Agreement

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Term Loan to be made by such Xxxxxx Lender as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Credit Extension Borrowing set forth in Article IV V are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall promptly shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Term Loan Agreement (Agree Realty Corp)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Xxxxxx as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Credit Extension set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent promptly shall return such funds (in like funds as received from such Lender) to such Lender, without interest.. (d)

Appears in 1 contract

Samples: Credit Agreement (Ameresco, Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Xxxxxx as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Credit Extension Borrowing set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall promptly shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Ventas Inc)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Xxxxxx Lxxxxx as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Credit Extension Borrowing set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent promptly shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Credit Agreement (PTC Therapeutics, Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any a Loan to be made by such Xxxxxx Lender as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article IITerm Loan Agreement, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Credit Extension such Loan set forth in Article IV XI and Article XII are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall promptly shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Term Loan Agreement (TAL International Group, Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Term Loan to be made by such Xxxxxx Lender as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the Borrower Borrowers by the Administrative Agent because the conditions to the applicable Credit Extension Term Loan set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the then Administrative Agent shall promptly shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Loan and Security Agreement (Live Oak Acquisition Corp)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Xxxxxx as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Credit Extension Borrowing set forth in Article IV V are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall promptly shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Credit Agreement (Connecticut Light & Power Co)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Xxxxxx Lxxxxx as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Credit Extension Loans set forth in Article IV V are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall promptly shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Term Loan Agreement (Agree Realty Corp)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Xxxxxx Lender to the Borrowers as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the Borrower Borrowers by the Administrative Agent because the conditions to the applicable Credit Extension Borrowing set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall promptly shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Credit Agreement (Contura Energy, Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any the Initial Term Loan to be made by such Xxxxxx Lender as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the Borrower by the Administrative Agent because the applicable conditions to the applicable Credit Extension funding of the Initial Term Loans set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent promptly shall return such funds (in like funds as received from such Lender) to such Lender, without interest.. (d)

Appears in 1 contract

Samples: And Guaranty Agreement (U.S. Concrete, Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Xxxxxx Lxxxxx as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Credit Extension set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent promptly shall return such funds (in like funds as received from such Lender) to such LenderLender on demand, without interest.

Appears in 1 contract

Samples: Credit Agreement (Knife River Holding Co)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Xxxxxx as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Credit Extension Borrowing set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent promptly shall return such funds (in like funds as received from such Lender) to such LenderLender on demand, without interest.

Appears in 1 contract

Samples: First Lien Credit Agreement (V2X, Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Xxxxxx Lender to any Borrower as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the such Borrower by the Administrative Agent because the conditions to the applicable Credit Extension set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent promptly shall return such funds (in like funds as received from such Lender) to such Lender, without interest.. 3775032.13

Appears in 1 contract

Samples: Credit Agreement (Cdi Corp)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Xxxxxx Lender as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Credit Extension Loan set forth in Article IV are not satisfied or waived in accordance with the terms hereofhereof or thereof, the Administrative Agent promptly shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Credit Agreement (Equinix Inc)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Xxxxxx Lender as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Credit Extension set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent promptly shall return such funds (in like funds as received from such Lender) to such Lender, without interest.. SMRH:481512788.10 38

Appears in 1 contract

Samples: Credit Agreement (Mercury General Corp)

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