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 Lender to any Borrower as provided in the foregoing provisions of this Article II, and such funds are not made available to such Borrower by the Administrative Agent because the conditions to the applicable Loans or L/C Credit Extension set forth in 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 (Smith & Wesson Brands, Inc.), Credit Agreement (Smith & Wesson Brands, Inc.)

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Failure to Satisfy Conditions Precedent. If any Lender makes available to the applicable Administrative Agent Agent, as the case may be, funds for any Loan to be made by such Lender to any Borrower as provided in the foregoing provisions of this Article II, and such funds are not made available to such the applicable Borrower by the applicable Administrative Agent because the conditions to the applicable Loans or L/C Credit Extension set forth in Article IV V are not satisfied or waived in accordance with the terms hereof, the applicable 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 (Ems Technologies Inc), Credit Agreement (Georgia Gulf Corp /De/)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Term Loan to be made by such Lender to any the Borrower as provided in the foregoing provisions of this Article II, and such funds are not made available to such the Borrower by the Administrative Agent because the conditions to the applicable Loans or L/C Credit Extension Borrowing set forth in Article IV (or in the case of a New Term Loan, Section 2.10(f)) 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 (Pacific Ethanol, Inc.), Assignment and Assumption (Aventine Renewable Energy Holdings 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 Lender to any Borrower as provided in the foregoing provisions of this Article II, and such funds are not made available to such Borrower by the Administrative Agent because the conditions to the applicable Loans or L/C Credit Extension Term Loan Borrowing set forth in 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: Term Loan Credit Agreement (Global Payments Inc), Term Loan Credit Agreement (Global Payments Inc)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any its Loan to be made by such Lender to any Borrower as provided in the foregoing provisions of this Article II, and such funds are not made available to such the Borrower by the Administrative Agent because the conditions to the applicable Loans or L/C Credit Extension set forth in 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: Loan Agreement (Wellpoint Inc), Loan Agreement (Anthem Inc)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender to any Borrower as provided in the foregoing provisions of this Article II, and such funds are not made available to such Borrower by the Administrative Agent because the conditions to the applicable Loans or L/C Credit Extension Borrowing set forth in Article IV V 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 (Teledyne Technologies Inc), Term Loan Credit Agreement (Teledyne Technologies Inc)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender to any Borrower as provided in the foregoing provisions of this Article II3, and such funds are not made available to such Borrower SOURCECORP by the Administrative Agent because the conditions to the applicable Loans Loan funding or L/C issuance of a Letter of Credit Extension set forth in Article IV 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 (Sourcecorp Inc)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender to any Borrower as provided in the foregoing provisions of this Article II, and such funds are not made available to such Borrower by the Administrative Agent because the conditions to the applicable Loans or L/C Credit Extension Cre di t Ex te nsi on set forth in 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 (American Outdoor Brands Corp)

Failure to Satisfy Conditions Precedent. If any Lender Bank makes available to the Administrative Agent funds for any Loan to be made by such Lender to any Borrower Bank as provided in the foregoing provisions of this Article II, and such funds are not made available to such Borrower by the Administrative Agent because the conditions to the applicable Loans or L/C Credit Extension Loan set forth in 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 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 Revolving Loan to be made by such Lender to any Borrower as provided in the foregoing provisions of this Article II, and such funds are not made available to such Borrower by the Administrative Agent because the conditions to the applicable Loans or L/C Credit Extension set forth in Article IV V 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: Syndicated Facility Agreement (Genuine Parts Co)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender to any Borrower as provided in the foregoing provisions of this Article ARTICLE II, and such funds are not made available to such the applicable Borrower by the Administrative Agent because the conditions to the applicable Loans or L/C Credit Extension Borrowing set forth in Article 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 LenderLender promptly, without interest.

Appears in 1 contract

Samples: Credit Facility Credit Agreement (Gilead Sciences 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 Lender to any Borrower as provided 42 in the foregoing provisions of this Article II, and such funds are not made available to such Borrower by the Administrative Agent because the conditions to the applicable Loans or L/C Credit Extension set forth in 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 (Asbury Automotive Group Inc)

Failure to Satisfy Conditions Precedent. If any Term Loan Lender makes available to the Administrative Agent funds for any Loan to be made by such Term Loan Lender to any Borrower as provided in the foregoing provisions of this Article II, and such funds are not made available to such the Borrower by the Administrative Agent because the conditions to the applicable Loans or L/C Credit Extension Borrowing set forth in 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 Term Loan Lender) to such Term Loan Lender, without interest.

Appears in 1 contract

Samples: Super Priority Credit Agreement (Basic Energy Services, Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender to any Borrower as provided in the foregoing provisions of this Article ARTICLE II, and such funds are not made available to such Borrower by the Administrative Agent because the conditions to the applicable Loans or L/C Credit Extension set forth in Article 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 (Pediatrix Medical Group 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 Lender to any Borrower as provided in the foregoing provisions of this Article II, and such funds are not made available to such the Borrower by the Administrative Agent because the applicable conditions to the applicable funding of the Initial Term Loans or L/C Credit Extension set forth in 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.. (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 Term Loan to be made by such Lender to any the Borrower as provided in the foregoing provisions of this Article II, and such funds are not made available to such the Borrower by the Administrative Agent because the conditions to the applicable Loans or L/C Credit Extension Term Borrowing set forth in 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: Term Loan Agreement (CIM Commercial Trust Corp)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative AdministrativeApplicable Agent funds for any Loan to be made by such Lender to any Borrower as provided in the foregoing provisions of this Article II, and such funds are not made available to such the applicable Borrower by the Administrative AdministrativeApplicable Agent because the conditions to the applicable Loans or L/C Credit Extension set forth in Article IV V are not satisfied or waived in accordance with the terms hereof, the Administrative AdministrativeApplicable 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 (Sun Communities Inc)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender to any Borrower Xxxxxx as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article II, and such funds are not made available to such the Borrower by the Administrative Agent because the conditions to the applicable Loans or L/C 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.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender to any Borrower as provided in the foregoing provisions of this Article IILoan Agreement, and such funds are not made available to such Borrower the Borrowers by the Administrative Agent because the conditions to the applicable Loans or L/C 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 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 Term Loan to be made by such Lender to any the Borrower as provided in the foregoing provisions of this Article II, and such funds are not made available to such the Borrower by the Administrative Agent because the conditions to the applicable Loans or L/C Credit Extension Borrowing set forth in 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: Credit Agreement (Aventine Renewable Energy Holdings Inc)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender to any Borrower as provided in the foregoing provisions of this Article II, and such funds are not made available to such Borrower by the Administrative Agent because the conditions to the applicable Loans or L/C Credit Extension set forth in Article IV V are not satisfied or waived in accordance with the terms hereof, the Administrative Agent WEST\258439317.6 319678-00008957 shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Amended and Restated Credit Agreement (Wageworks, Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender to any Borrower as provided in the foregoing provisions of this Article II, and such funds are not made available to such Borrower by the Administrative Agent because the conditions to the applicable Loans or L/C Credit Extension set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the 57 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 Loan to be made by such Lender to any Borrower as provided in the foregoing provisions of this Article II, and such funds are not made available to such the Borrower by the Administrative Agent because the conditions to the applicable Loans or L/C Credit Extension set forth in Article IV or Amendment No.1, 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 LenderLender on demand, without interest.

Appears in 1 contract

Samples: Credit Agreement (Cooper-Standard Holdings Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender to any Borrower as provided in the foregoing provisions of this Article IISection 2, and such funds are not made available to such the Borrower by the Administrative Agent because the conditions to the applicable Loans or L/C Credit Extension making of such Loan set forth in Article IV Section 11 or Section 12, 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 Loan to be made by such Lender to any Borrower as provided in the foregoing provisions of this Article II, and such funds are not made available to such the Borrower or the applicable Designated Borrower by the Administrative Agent because the conditions to the applicable Loans or L/C Credit Extension Borrowings set forth in 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 LenderLender within one Business Day, without interest.

Appears in 1 contract

Samples: Credit Agreement (PayPal Holdings, 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 Lender to any Borrower as provided in the foregoing provisions of this Article II, and such funds are not made available to such the Borrower by the Administrative Agent because the conditions to the applicable Loans or L/C Credit Extension Term Borrowing set forth in 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 LenderLender on demand, without interest.

Appears in 1 contract

Samples: Second Lien Credit Agreement (Keyw Holding Corp)

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 Lender to any Borrower as provided in the foregoing provisions of this Article II, and such funds are not made available to such the Borrower by the Administrative Agent because the conditions to the applicable initial Borrowing of the Term Loans or L/C Credit Extension as set forth in 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: Credit Agreement (Total System Services Inc)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender to any Borrower as provided in the foregoing provisions of this Article ARTICLEArticle II, and such funds are not made available to such the Borrower by the Administrative Agent because the conditions to the applicable Loans or L/C Credit Extension set forth in Article ARTICLEArticle 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 (Equinix Inc)

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Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Term Loan to be made by such Lender to any Borrower as provided in the foregoing provisions of this Article II, and such funds are not made available to such the Borrower by the Administrative Agent because the conditions to the applicable Loans or L/C Credit Extension Borrowing set forth in 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 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 Loan to be made by such Lender to any Borrower as provided in the foregoing provisions of this Article II, and such funds are not made available to such the applicable Borrower by the Administrative Agent because the conditions to the applicable Loans or L/C Credit Extension Borrowing set forth in Article IV are not satisfied or waived 243071545v.24 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 (Athene Holding LTD)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender to any Borrower as provided in the foregoing provisions of this Article II, and such funds are not made available to such the Borrower by the Administrative Agent because the conditions to the applicable Loans or L/C Credit Extension set forth in Article IV Section 4.01 or Section 2.12, as the case may be, 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 (Diamond Foods Inc)

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

Appears in 1 contract

Samples: Assignment and Assumption (Vulcan Materials CO)

Failure to Satisfy Conditions Precedent. If any Term Lender makes available to the Administrative Agent funds for any Term Loan to be made by such Term Lender to any Borrower as provided in the foregoing provisions of this Article II, and such funds are not made available to such the Borrower by the Administrative Agent because the conditions to the applicable Loans or L/C Credit Extension Term Loan Borrowing set forth in 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 Term Lender) to such Term Lender, without interest.

Appears in 1 contract

Samples: 364 Day Credit Agreement (Willis Group Holdings LTD)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender to any the Borrower as provided in the foregoing provisions of this Article II, and such funds are not made available to such the Borrower by the Administrative Agent because the conditions to the applicable Loans or L/C Credit Extension Closing Date Borrowing set forth in 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: Second Lien Credit Agreement (Memc Electronic Materials 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 Lender to any Borrower as provided in the foregoing provisions of this Article II, and such funds are not made available to such the Borrower by the Administrative Agent because the conditions to the applicable funding of the Initial Term Loans or L/C Credit Extension set forth in 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 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 Lender to any the Borrower as provided in the foregoing provisions of this Article II, and such funds are not made available to such the Borrower by the Administrative Agent because the conditions to the applicable Loans or L/C Credit Extension Committed Borrowing set forth in 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: Credit Agreement (Cisco 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 Lender to any Borrower as provided in the foregoing provisions of this Article II, and such funds are not made available to such the Borrower by the Administrative Agent because the conditions to the applicable Loans or L/C Credit Extension set forth in Article IV or in the applicable Incremental Commitment Amendment 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 (Healthcare Royalty, Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any the Committed Loan to be made by such Lender to any Borrower on the Closing Date as provided in the foregoing provisions of this Article II, and such funds are not made available to such the Borrower by the Administrative Agent because the conditions to the applicable Committed Loans or L/C Credit Extension set forth in 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 (Aecom Technology Corp)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender to any Borrower as provided in the foregoing provisions of this Article II, and such funds are not made available to such Borrower by the Administrative Agent because the conditions to the applicable Loans or L/C Credit Extension set forth in Article IV are not satisfied or waived in accordance with the terms hereof, CHAR1\1976173v4 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 (Celestica Inc)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender to any Borrower the Borrowers as provided in the foregoing provisions of this Article II, and such funds are not made available to such Borrower the Borrowers by the Administrative Agent because the conditions to the applicable Loans or L/C Credit Extension Borrowing set forth in 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: Credit Agreement (Contura Energy, Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the applicable Facility Administrative Agent funds for any Loan to be made by such Lender to any Borrower as provided in the foregoing provisions of this Article II, and such funds are not made available to such Borrower by the such Facility Administrative Agent because the conditions to the applicable Loans or L/C Credit Extension set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the such Facility 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 (MULTI COLOR Corp)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender to any Borrower as provided in the foregoing provisions of this Article IISection 2, and such funds are not made available to such the Borrower by 4823-2057-1839.3 the Administrative Agent because the conditions to the applicable Loans or L/C Credit Extension set forth in Article IV Section 7 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 (Panhandle Oil & Gas Inc)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Facilities Administrative Agent or the Term Administrative Agent, as the case may be, funds for any Loan to be made by such Lender to any the Borrower as provided in the foregoing provisions of this Article II, and such funds are not made available to such the Borrower by the Appropriate Administrative Agent because the conditions to the applicable Loans or L/C Credit Extension set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the Appropriate 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: Assignment and Assumption Agreement (Foresight Energy LP)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender to any the Borrower as provided in the foregoing provisions of this Article II, and such funds are not made available to such the Borrower by the Administrative Agent because the conditions to the applicable Loans or L/C Credit BorrowingCredit Extension set forth in 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: Credit Agreement (Peabody Energy Corp)

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