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 Revolving Credit Loan to be made by such Lender as provided in the foregoing provisions of this §2, and such funds are not made available to the Borrowers by the Administrative Agent because the conditions to the applicable credit extension set forth in §§11 or 12 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 3 contracts

Samples: Revolving Credit Agreement (CAI International, Inc.), Revolving Credit Agreement (CAI International, Inc.), Assignment and Assumption (CAI International, Inc.)

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Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Revolving Credit Loan to be made by such Lender as provided in the foregoing provisions of this §2ARTICLE II, and such funds are not made available to the Borrowers Borrower by the Administrative Agent because the conditions to the applicable credit extension Borrowing set forth in §§11 or 12 Section 4.02 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 3 contracts

Samples: Assignment and Assumption (TJX Companies Inc /De/), 2024 Revolving Credit Agreement (TJX Companies Inc /De/), 364 Day Revolving Credit Agreement (TJX Companies Inc /De/)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Revolving Credit Loan to be made by such Lender as provided in the foregoing provisions of this §2Article II, and such funds are not made available to the Borrowers Borrower by the Administrative Agent because the conditions to the applicable credit extension borrowing on the Closing Date set forth in §§11 or 12 Section 4.01 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 3 contracts

Samples: Term Loan Credit Agreement (Barnes & Noble Education, Inc.), Term Loan Credit Agreement (Barnes & Noble Education, Inc.), Term Loan Credit Agreement (Barnes & Noble Education, Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Revolving Credit Loan to be made by such Lender to the Borrower as provided in the foregoing provisions of this §Article 2, and such funds are not made available to the Borrowers Borrower by the Administrative Agent because the conditions to the applicable credit extension Credit Extension set forth in §§11 or 12 Article 4 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 2 contracts

Samples: Credit Agreement (Adobe Inc.), Credit Agreement (Adobe Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Revolving Credit Loan to be made by such Lender to the Borrower as provided in the foregoing provisions of this §2Article II, and such funds are not made available to the Borrowers Borrower by the Administrative Agent because the conditions to the applicable credit extension funding of the Loans on the Closing Date set forth in §§11 or 12 Section 4.02 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall promptly return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 2 contracts

Samples: Term Loan Agreement (Hasbro, Inc.), Term Loan Agreement (Hasbro, Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Revolving Credit Loan to be made by such Lender to the Borrower as provided in the foregoing provisions of this §2Article II, and such funds are not made available to the Borrowers Borrower by the Administrative Agent because the conditions to the applicable credit extension Funding Date set forth in §§11 or 12 Section 4.02 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 2 contracts

Samples: Credit Agreement (Church & Dwight Co Inc /De/), Credit Agreement (Church & Dwight Co Inc /De/)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Revolving Credit Loan to be made by such Lender as provided in the foregoing provisions of this §2ARTICLE II, and such funds are not made available to the Borrowers Borrower by the Administrative Agent because the conditions to the applicable credit extension Credit Extension set forth in §§11 or 12 Section 4.02 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 2 contracts

Samples: Assignment and Assumption (TJX Companies Inc /De/), 2022 Revolving Credit Agreement (TJX Companies Inc /De/)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Revolving Credit Loan to be made by such Lender as provided in the foregoing provisions of this §2Article II, and such funds are not made available to the Borrowers by the Administrative Agent because the conditions to the applicable credit extension Revolving Loans set forth in §§11 or 12 Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall promptly return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 2 contracts

Samples: Credit Agreement (Colony Financial, Inc.), Credit Agreement (Colony Financial, Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Revolving Credit Loan to be made by such Lender as provided in the foregoing provisions of this §Article 2, and such funds are not made available to the Borrowers Borrower by the Administrative Agent because the conditions to the applicable credit extension borrowing of Loans set forth in §§11 or 12 Article 4 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 2 contracts

Samples: Credit Agreement (Franchise Group, Inc.), Credit Agreement (Liberty Tax, Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Revolving Credit Tranche A-2 Loan to be made by such Lender to the Borrower as provided in the foregoing provisions of this §2Article II, and such funds are not made available to the Borrowers Borrower by the Administrative Agent because the conditions to the applicable credit extension Borrowing set forth in §§11 or 12 Section 4.02 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall will return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Warner Chilcott LTD), Assignment and Assumption (Actavis PLC)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Revolving Credit Loan to be made by such Lender as provided in the foregoing provisions of this §2Article II, and such funds are not made available to the Borrowers Borrower by the Administrative Agent because the conditions to the applicable credit extension Loans set forth in §§11 or 12 Sections 4.01 and 4.02 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Global Brokerage, Inc.), Credit Agreement (FXCM Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Revolving Credit Loan to be made by such Lender as provided in the foregoing provisions of this §2Section 1, and such funds are not made available to the Borrowers Borrower by the Administrative Agent because the conditions to the applicable credit extension set forth Closing Date in §§11 or 12 Section 7.2 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 2 contracts

Samples: Credit Agreement (J M SMUCKER Co), Credit Agreement (J M SMUCKER Co)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Revolving Credit its share of the Term Loan to be made by such Lender as provided in the foregoing provisions of this §2Article II, and such funds are not made available to the Borrowers Borrower by the Administrative Agent because the conditions to the applicable credit extension Borrowing set forth in §§11 or 12 Section 4.02 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 2 contracts

Samples: Term Loan Agreement (Plum Creek Timber Co Inc), Term Loan Agreement (Plum Creek Timber Co Inc)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Revolving Credit the Committed Loan to be made by such Lender on the Amendment Effective Date as provided in the foregoing provisions of this §2Article II, and such funds are not made available to the Borrowers Borrower by the Administrative Agent because the conditions to the applicable credit extension Committed Loans set forth in §§11 or 12 Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 2 contracts

Samples: Credit Agreement (Aecom Technology Corp), Credit Agreement (Aecom Technology Corp)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Revolving Credit Loan to be made by such Lender as provided in the foregoing provisions of this §Section 2, and such funds are not made available to the Borrowers such Borrower by the Administrative Agent because the conditions to the applicable credit extension Extension of Credit set forth in §§11 or 12 Section 4 are not satisfied or waived in accordance with the terms hereofthereof, the Administrative Agent shall promptly return such funds by the next Business Day (in like funds as received from such Lender) to such Lender, without interest.

Appears in 2 contracts

Samples: Credit Agreement (Checkpoint Systems Inc), Credit Agreement (Checkpoint Systems Inc)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Revolving Credit Loan to be made by such Lender as provided in the foregoing provisions of this §2Section 1.6, and such funds are not made available to the Borrowers Borrower by the Administrative Agent because the conditions to the applicable credit extension Closing Date set forth in §§11 or 12 Section 7.2 hereof are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 2 contracts

Samples: Term Loan Credit Agreement (J M SMUCKER Co), Term Loan Credit Agreement (J M SMUCKER Co)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Revolving Credit Loan to be made by such Lender as provided in the foregoing provisions of this §Article 2, and such funds are not made available to the Borrowers by the Administrative Agent because the conditions to the applicable credit extension borrowing of Loans set forth in §§11 or 12 Article 4 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 2 contracts

Samples: Credit Agreement (Arhaus, Inc.), Loan Agreement (RCM Technologies Inc)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Revolving Credit Loan to be made by such Lender to the Borrower as provided in the foregoing provisions of this §2Article II, and such funds are not made available to the Borrowers Borrower by the Administrative Agent because the conditions to the applicable credit extension Borrowing set forth in §§11 or 12 Section 4.02 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall promptly return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 2 contracts

Samples: Senior Unsecured Bridge Credit Agreement, Senior Unsecured Bridge Credit Agreement (Avnet Inc)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Revolving Credit Loan to be made by such Lender as provided in the foregoing provisions of this §2Article II, and such funds are not made available distributed to the Borrowers Borrower by the Administrative Agent because the conditions to the applicable credit extension set forth in §§11 or 12 Section 4.01 of the Existing Term Loan Agreement are not satisfied or waived in accordance with the terms hereofthereof, the Administrative Agent 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 Revolving Credit Loan to be made by such Lender Xxxxxx as provided in the foregoing provisions of this §Article 2, and such funds are not made available to the Borrowers Borrower by the Administrative Agent because the conditions to the applicable credit extension borrowing of Loans set forth in §§11 or 12 Article 5 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Credit Agreement (Ooma Inc)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Revolving Credit Loan to be made by such Lender Lxxxxx as provided in the foregoing provisions of this §Article 2, and such funds are not made available to the Borrowers by the Administrative Agent because the conditions to the applicable credit extension borrowing of Loans set forth in §§11 or 12 Article 4 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Loan Agreement (RCM Technologies, Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Revolving Credit Loan to be made by such Lender Xxxxxx as provided in the foregoing provisions of this §2ARTICLE II, and such funds are not made available to the Borrowers Borrower by the Administrative Agent because the conditions to the applicable credit extension Credit Extension set forth in §§11 or 12 Section 4.02 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Revolving Credit Agreement (TJX Companies Inc /De/)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Revolving Credit Loan to be made by such Lender as provided in the foregoing provisions of this §Article 2, and such funds are not made available to the Borrowers Borrower by the Administrative Agent because any of the conditions to the applicable credit extension Credit Extension set forth in §§11 or 12 Article 4 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Credit Agreement (Nextera Enterprises Inc)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Revolving Credit Loan to be made by such Lender as provided in the foregoing provisions of this §2Article II, and such funds are not made available to deposited into the Borrowers Escrow Account by the Administrative Agent because the conditions to the applicable credit extension set forth in §§11 or 12 Section 4.01 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent 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 Revolving Credit Loan to be made by such Lender Xxxxxx as provided in the foregoing provisions of this §2Section 1.6, and such funds are not made available to the Borrowers Borrower by the Administrative Agent because the conditions to the applicable credit extension precedent set forth in §§11 or 12 Section 7.1 hereof are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) promptly to such Lender, without interest.

Appears in 1 contract

Samples: Term Loan Credit Agreement (J M SMUCKER Co)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Revolving Credit Loan to be made by such Lender as provided in the foregoing provisions of this §2, and such funds are not made available to the Borrowers Borrower by the Administrative Agent because the conditions to the applicable credit extension making of such Loan set forth in §00 xx §11 or 12 00, as applicable, are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Revolving Credit Agreement (Timberland Co)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Revolving Credit Loan to be made by such Lender as provided in the foregoing provisions of this §Article 2, and such funds are not made available to the Borrowers Borrower by the Administrative Agent because the conditions to the applicable credit extension borrowing of Loans set forth in §§11 or 12 Article 5 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall promptly return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Credit Agreement (Synchronoss Technologies Inc)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Revolving Credit the Initial Loan to be made by such Lender as provided in the foregoing provisions of this §2ARTICLE II, and such funds are not made available to the Borrowers Borrower by the Administrative Agent because the conditions to the applicable credit extension Loan set forth in §§11 or 12 ARTICLE IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent 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 Revolving Credit Loan to be made by such Lender as provided in the foregoing provisions of this §Article 2, and such funds are not made available to the Borrowers Borrower by the Administrative Agent because the conditions to the applicable credit extension Credit Extension set forth in §§11 or 12 Section 4.02 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Credit Agreement (Sandridge Energy Inc)

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Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Revolving Credit the Term Loan to be made by such Lender as provided in the foregoing provisions of this §Article 2, and such funds are not made available to the Borrowers by the Administrative Agent because the conditions to the applicable credit extension Credit Extension set forth in §§11 or 12 Article 4 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall promptly return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Term Loan Agreement (EveryWare Global, Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Applicable Administrative Agent funds for any Revolving Credit Loan to be made by such Lender as provided in the foregoing provisions of this §Article 2, and such funds are not made available to the applicable Borrowers by the Applicable Administrative Agent because the conditions to the applicable credit extension Credit Extension set forth in §§11 or 12 Article 4 are not satisfied or waived in accordance with the terms hereof, the Applicable Administrative Agent shall promptly return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Credit Agreement (Acco Brands Corp)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Revolving Credit Loan to be made by such Lender to the Borrower as provided in the foregoing provisions of this §2Article II, and such funds are not made available to the Borrowers Borrower by the Administrative Agent because the conditions to the applicable credit extension Borrowing set forth in §§11 or 12 Section 4.02 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall will 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 (Actavis PLC)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Revolving Credit Term Loan to be made by such Lender as provided in the foregoing provisions of this §2Article II, and such funds are not made available to the Borrowers by the Administrative Agent because the conditions to the applicable credit extension Term Loan set forth in §§11 or 12 Article IV are not satisfied or waived in accordance with the terms hereof, the then Administrative Agent shall promptly 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 Revolving Credit Loan to be made by such Lender to the Borrowers as provided in the foregoing provisions of this §2Article II, and such funds are not made available to the Borrowers by the Administrative Agent because the conditions to the applicable credit extension Borrowing set forth in §§11 or 12 Section 4.02 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall promptly return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Senior Unsecured Term Loan Credit Agreement (Avnet Inc)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Revolving Credit Loan to be made by such Lender to any Borrower as ActiveUS 170689984v.4 provided in the foregoing provisions of this §2Article II, and such funds are not made available to the Borrowers such Borrower by the Administrative Agent because the conditions to the applicable credit extension Credit Extension set forth in §§11 or 12 Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall promptly return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Revolving Credit Agreement (Hasbro Inc)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Revolving Credit Loan to be made by such Lender to the Borrower as provided in the foregoing provisions of this §2, Article II and such funds are not made available to the Borrowers Borrower by the Administrative Agent because the conditions to the applicable credit extension Borrowing set forth in §§11 or 12 Section 4.02 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Credit Agreement (Jacobs Engineering Group Inc /De/)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Revolving Credit Loan to be made by such Lender Xxxxxx as provided in the foregoing provisions of this §2Article 4, and such funds are not made available to the Borrowers Borrower by the Administrative Agent because the conditions to the applicable credit extension Credit Extension set forth in §§11 or 12 Article 6 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Credit Agreement (Devon Energy Corp/De)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Revolving Credit Loan to be made by such Lender as provided in the foregoing provisions of this §2Section 4, and such funds are not made available to the Borrowers Borrower by the Administrative Agent because the conditions to the applicable credit extension Credit Extension set forth in §§11 or 12 Section 6 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Credit Agreement (Graphic Packaging Corp)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Revolving Credit Loan to be made by such Lender as provided in the foregoing provisions of this §2ARTICLE II, and such funds are not made available to the Borrowers Borrower by the Administrative Agent because the conditions to the applicable credit extension Credit Extension set forth in §§11 or 12 ARTICLE IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Credit Agreement (Odyssey Re Holdings Corp)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Revolving Credit Term A Loan to be made by such Lender as provided in the foregoing provisions of this §2Article II, and such funds are not made available to the Borrowers by the Administrative Agent because the conditions to the applicable credit extension a Term A Loan Borrowing set forth in §§11 or 12 Section 4.01 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent 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 (Waste Connections, Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Revolving Credit Loan to be made by such Lender to the Borrower as provided in the foregoing provisions of this §2Article II, and such funds are not made available to the Borrowers Borrower by the Administrative Agent because the conditions to the applicable credit extension Funding Date set forth in §§11 or 12 Section 4.02 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.. Credit Agreement #95250329v15

Appears in 1 contract

Samples: Credit Agreement (Church & Dwight Co Inc /De/)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Revolving Credit the Loan to be made by such Lender on the Closing Date as provided in the foregoing provisions of this §2Article II, and such funds are not made available to the Borrowers Borrower by the Administrative Agent because the conditions to the applicable credit extension Borrowing set forth in §§11 or 12 Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent 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 Revolving Credit Loan to be made by such Lender to a Borrower as provided in the foregoing provisions of this §2Article II, and such funds are not made available to the Borrowers such Borrower by the Administrative Agent because the conditions to the applicable credit extension Borrowing set forth in §§11 or 12 Section 4.02 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall will return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Term Loan Credit and Guaranty Agreement (Actavis, Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Revolving Credit Loan to be made by such Lender to the Borrower as provided in the foregoing provisions of this §2Article II, and such funds are not made available to the Borrowers Borrower by the Administrative Agent because the applicable conditions to the applicable credit extension a Borrowing set forth in §§11 or 12 Section 4.02 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall promptly return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Senior Unsecured Bridge Credit Agreement (Avnet Inc)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for its Share of any Revolving Credit Loan to be made available by such Lender as provided in the foregoing provisions of this §2Section 2A, and such funds are not made available to the Borrowers Borrower by the Administrative Agent because the conditions to the applicable credit extension set forth in §§11 or 12 Revolving Loan are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Credit and Security Agreement (Sachem Capital Corp.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Revolving Credit Loan to be made by such Lender Lxxxxx as provided in the foregoing provisions of this §Article 2, and such funds are not made available to the Borrowers by the Administrative Agent because the conditions to the applicable credit extension Credit Extension set forth in §§11 or 12 Article 4 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Credit Agreement (Uniti 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 Revolving Credit Loan to be made by such Lender Xxxxxx as provided in the foregoing provisions of this §2Article II, and such funds are not made available to the Borrowers Borrower by the Administrative Agent because the conditions to the applicable credit extension Borrowing set forth in §§11 or 12 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.)

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