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 ▇▇▇▇▇▇ as provided in the foregoing provisions of this Article 2, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing of Loans set forth in 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 2 contracts

Sources: Credit Agreement (Synchronoss Technologies Inc), Credit Agreement (Synchronoss Technologies 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 2II, and such funds are not made available to the such Borrower by the Administrative Agent because the conditions to the borrowing of Loans applicable Term Loan Borrowing set forth in Article 4 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

Sources: 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 applicable Administrative Agent Agent, as the case may be, funds for any Loan to be made by such ▇▇▇▇▇▇ Lender as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the applicable Borrower by the applicable Administrative Agent because the conditions to the borrowing of Loans applicable Credit Extension set forth in Article 4 V 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 2 contracts

Sources: 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 Loan to be made by such L▇▇▇▇▇ as provided in the foregoing provisions of this Article 2, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing of Loans set forth in Article 4 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 2 contracts

Sources: Credit Agreement (Cantor Fitzgerald Income Trust, Inc.), Credit Agreement (Abrdn Income Credit Strategies Fund)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Committed Loan to be made by such ▇▇▇▇▇▇ Lender as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrower Borrowers by the Administrative Agent because the conditions to the borrowing of Loans applicable Credit Extension set forth in Article 4 IV are not satisfied or waived in accordance with the terms hereof (subject to the provisions of the last paragraph of Section 4.02 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

Sources: Credit Agreement (Syms Corp), Credit Agreement (Syms 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 as provided in the foregoing provisions of this Article 2, and such funds are not made available to the Borrower Borrowers by the Administrative Agent because the conditions to the borrowing of Loans set forth in 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 2 contracts

Sources: 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 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 Borrower Borrowers by the Administrative Agent because the conditions to the borrowing of Loans set forth in Article 4 are not satisfied or waived in accordance with the terms hereofhereof (subject to the provisions of Article 4), 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

Sources: Credit Agreement (Steven Madden, Ltd.), Credit Agreement (Steven Madden, Ltd.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such L▇▇▇▇▇ as provided in the foregoing provisions of this Article 2, and such funds are not made available to the Borrower Borrowers by the Administrative Agent because the conditions to the borrowing of Loans set forth in 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 2 contracts

Sources: Loan Agreement (RCM Technologies, Inc.), Loan Agreement (RCM 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 ▇▇▇▇▇▇ as provided in the foregoing provisions of this Article 2ARTICLE II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing of Loans applicable Credit Extension set forth in Article 4 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

Sources: Revolving Credit Agreement (TJX Companies Inc /De/), Revolving Credit Agreement (TJX Companies Inc /De/)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such ▇▇▇▇▇▇ Lender as provided in the foregoing provisions of this Article 2Section 1.6, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing of Loans Closing Date set forth in Article 4 Section 7.2 hereof 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

Sources: 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 Loan to be made by such ▇▇▇▇▇▇ Lender as provided in the foregoing provisions of this Article Section 2, and such funds are not made available to the such Borrower by the Administrative Agent because the conditions to the borrowing applicable Extension of Loans Credit set forth in Article 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

Sources: 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 Loan to be made by such ▇▇▇▇▇▇ Lender as provided in the foregoing provisions of this Article 2ARTICLE II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing of Loans applicable Credit Extension set forth in Article 4 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

Sources: Revolving Credit Agreement (TJX Companies Inc /De/), Revolving Credit Agreement (TJX Companies Inc /De/)

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 the Borrower as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing of Loans Borrowing set forth in Article 4 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

Sources: 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 Loan to be made by such ▇▇▇▇▇▇ as provided in the foregoing provisions of this Article 2Section 1.6, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing of Loans precedent set forth in Article 4 Section 7.1 hereof 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) promptly to such Lender, without interest.

Appears in 2 contracts

Sources: 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 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 Borrower by the Administrative Agent because the conditions to the borrowing of Loans set forth in 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 2 contracts

Sources: 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 the Committed Loan to be made by such ▇▇▇▇▇▇ Lender on the Amendment Effective Date as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing of Committed Loans set forth in Article 4 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

Sources: 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 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 Borrower by the Administrative Agent because the conditions to the borrowing of Loans applicable Credit Extension set forth in 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 2 contracts

Sources: 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 Loan to be made by such ▇▇▇▇▇▇ Lender to the Borrower as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing funding of the Loans on the Closing Date set forth in Article 4 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

Sources: 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 Tranche A-2 Loan to be made by such ▇▇▇▇▇▇ Lender to the Borrower as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing of Loans applicable Borrowing set forth in Article 4 Section 4.02 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall promptly will return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 2 contracts

Sources: Amendment Agreement (Warner Chilcott LTD), Term Loan Credit and Guaranty Agreement (Actavis PLC)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such ▇▇▇▇▇▇ Lender as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing of Loans applicable Credit Extension set forth in Article 4 V or Section 6 of the Amendment Agreement 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

Sources: Credit Agreement (Ryman Hospitality Properties, Inc.), Amendment No. 1 and Joinder Agreement (Ryman Hospitality 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 ▇▇▇▇▇▇ Lender to the Borrower as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing of Loans Funding Date set forth in Article 4 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

Sources: 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 Loan to be made by such ▇▇▇▇▇▇ Lender as provided in the foregoing provisions of this Article 2ARTICLEArticle II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing of Loans applicable Credit Extension set forth in Article 4 ARTICLEArticle 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

Sources: 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 ▇▇▇▇▇▇ Lender as provided in the foregoing provisions of this Article Section 2, and such funds are not made available to the Borrower by 4823-2057-1839.3 the Administrative Agent because the conditions to the borrowing of Loans applicable Credit Extension set forth in Article 4 Section 7 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

Sources: Credit Agreement (Panhandle Oil & Gas 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 as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the applicable Borrower by the Administrative Agent because the conditions to the borrowing of Loans applicable Credit Extension set forth in Article 4 Section 4.02 (and if such Credit Extension is an initial Credit Extension, Section 4.01) 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

Sources: Credit Agreement (Niska Gas Storage Partners 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 as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrower by the Administrative Agent because the applicable conditions to the borrowing of Loans applicable Credit Extension set forth in Article 4 V are not satisfied or waived in accordance CHAR1\1533762v5 with the terms hereof, the Administrative Agent promptly shall promptly return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Sources: Credit Agreement (Ciner Resources LP)

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 as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrower Borrowers by the Administrative Agent because the conditions to the borrowing of Loans applicable Borrowing set forth in Article 4 IV are not satisfied or waived in accordance with the terms hereof (subject to the provisions of the last paragraph of Section 4.02 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

Sources: Term Loan Agreement (Keane 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 as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing of Loans Borrowing set forth in Article 4 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 Loan Lender) to such Term Loan Lender, without interest.

Appears in 1 contract

Sources: 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 the Company as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrower Company by the Administrative Agent because the conditions to the borrowing of Loans applicable Borrowing set forth in Article 4 Section 4.02 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall promptly will return such funds (in like funds as received from such Lender) to such Lender, without interestLender as set forth in Section 2.02(d).

Appears in 1 contract

Sources: Term Loan Credit Agreement (Watson Pharmaceuticals Inc)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such ▇▇▇▇▇▇ as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrower Borrowers by the Administrative Agent because the conditions to the borrowing of Loans appli- cable Credit Extension set forth in Article 4 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 LenderLender on ▇▇- ▇▇▇▇, without interest.

Appears in 1 contract

Sources: 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 ▇▇▇▇▇▇ Lender to any Borrower as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the such Borrower by the Administrative Agent because the conditions to the borrowing of applicable Loans or L/C Cre di t Ex te nsi on set forth in Article 4 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

Sources: Credit Agreement (American Outdoor Brands 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 2ARTICLE II, and such funds are not made available to the such Borrower by the Administrative Agent because the conditions to the borrowing of Loans applicable Credit Extension set forth in Article 4 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

Sources: Credit Agreement (Pediatrix Medical 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 ▇▇▇▇▇▇ Lender to the Borrower as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing of Loans Funding Date set forth in Article 4 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.. #95250329v15

Appears in 1 contract

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

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 the Borrower as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrower by the Administrative Agent because the applicable conditions to the borrowing of Loans a Borrowing set forth in Article 4 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

Sources: Senior Unsecured Bridge Credit Agreement (Avnet Inc)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such L▇▇▇▇▇ as provided in the foregoing provisions of this Article 2, and such funds are not made available to the Borrower Borrowers by the Administrative Agent because the conditions to the borrowing of Loans set forth in Article 4 are not satisfied or waived in accordance with the terms hereofhereof (subject to the provisions of Article 4), 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

Sources: Credit Agreement (Steven Madden, 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 the Borrower as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing of Loans applicable Term Borrowing set forth in Article 4 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

Sources: Term Loan Agreement (CIM Commercial Trust 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 as provided in the foregoing CHAR1\1710066v1CHAR1\▇▇▇▇▇▇▇▇▇ as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing of Loans applicable Credit Extension set forth in Article 4 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

Sources: Credit Agreement (BGC Partners, Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such ▇▇▇▇▇▇ as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrower Borrowers by the Administrative Agent because the conditions to the borrowing of Loans applicable Credit Extension set forth in Article 4 IV are not satisfied or waived in accordance with the terms hereof (subject to the provisions of the last paragraph of Section 4.02 hereof), the Administrative Agent promptly shall promptly return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Sources: Credit Agreement (Barnes & Noble Education, 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 as provided in the foregoing provisions of this Article 2II, and such funds are not made available to deposited into the Borrower Escrow Account by the Administrative Agent because the conditions to the borrowing of Loans set forth in Article 4 Section 4.01 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) ), without interest, to such Lender, without interest.

Appears in 1 contract

Sources: 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 ▇▇▇▇▇▇ Lender as provided in the foregoing provisions of this Article 2ARTICLE II, and such funds are not made available to the applicable Borrower by the Administrative Agent because the conditions to the borrowing of Loans applicable Borrowing set forth in Article 4 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 LenderLender promptly, without interest.

Appears in 1 contract

Sources: Short Term Revolving Credit 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 ▇▇▇▇▇▇ Lender to a Borrower as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the such Borrower by the Administrative Agent because the conditions to the borrowing of Loans applicable Borrowing set forth in Article 4 Section 4.02 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall promptly will return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Actavis, 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 as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing of Loans applicable Credit Extension set forth in Article 4 IV or Amendment No.1, as applicable, 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 LenderLender on demand, without interest.

Appears in 1 contract

Sources: 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 as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrower or the applicable Designated Borrower by the Administrative Agent because the conditions to the borrowing of Loans applicable Borrowings set forth in Article 4 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 LenderLender within one Business Day, without interest.

Appears in 1 contract

Sources: 364 Day Credit Agreement (PayPal 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 the Borrower as provided in the foregoing provisions of this Article 2, II and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing of Loans Borrowing set forth in Article 4 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

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

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender a▇ ▇▇▇▇▇▇ as provided ided in the foregoing provisions of this Article 2, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing of Loans set forth in Article 4 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

Sources: Credit Agreement (Mimedx 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 ▇▇▇▇▇▇ as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing of Loans applicable Credit Extension set forth in Article 4 IV are not satisfied or waived CHAR2\2846261v9 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

Sources: 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 ▇▇▇▇▇▇ Lender as provided in the foregoing provisions of this Article 23, and such funds are not made available to the Borrower SOURCECORP by the Administrative Agent because the conditions to the borrowing applicable Loan funding or issuance of Loans a Letter of Credit set forth in Article 4 6 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

Sources: Credit Agreement (Sourcecorp 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 ▇▇▇▇▇▇ as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing of Loans applicable Borrowing set forth in Article 4 Section 4.02 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent promptly shall promptly return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Sources: 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 ▇▇▇▇▇▇ as provided in the foregoing provisions of this Article 24, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing of Loans applicable Borrowing set forth in Article 4 6 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

Sources: Delayed Draw Term Loan Credit Agreement (Devon Energy Corp/De)

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 2II, and such funds are not made available to the such Borrower by the Administrative Agent because the conditions to the borrowing of Loans applicable Credit Extension set forth in Article 4 V 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

Sources: 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 as provided in the foregoing CHAR1\1753066v5 provisions of this Article 2Agreement, and such funds are not made available to the applicable Borrower by the Administrative Agent because the conditions to the borrowing applicable Extension of Loans Credit set forth in Article 4 V 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

Sources: Credit Agreement (Blackbaud 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 the Borrower as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing of Loans Borrowing set forth in Article 4 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

Sources: Senior Secured Term Loan 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 ▇▇▇▇▇▇ as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing of Loans applicable Credit Extension set forth in Article 4 IV are not satisfied or waived in accordance with the terms hereofhereof (as confirmed by the Required Lenders), the Administrative Agent shall promptly return such funds (in like funds as received from such Lender) to such LenderLender on demand, without interest.

Appears in 1 contract

Sources: Credit Agreement (Abacus Life, 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 the Borrower as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing of Loans Closing Date Borrowing set forth in Article 4 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

Sources: 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 Loan to be made by such ▇▇▇▇▇▇ Lender to any Borrower as provided in the foregoing provisions of this Article 2II , and such funds are not made available to the such Borrower by the Administrative Agent because the conditions to the borrowing of Loans applicable Credit Extension set forth in Article 4 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

Sources: Credit Agreement (Herbalife 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 as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing of Loans applicable Credit Extension set forth in Article 4 IV are not satisfied or waived in accordance with the terms hereof (subject to the provisions of the last paragraph of Section 4.02 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

Sources: Credit Agreement (Nash Finch 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 as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing of Loans applicable Credit Extension set forth in Article 4 V are not satisfied or waived in accordance with the terms hereof, the Administrative Agent WEST\258439317.6 319678-00008957 shall promptly return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Sources: 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 as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrower Borrowers by the Administrative Agent because the conditions to the borrowing of Loans applicable Credit Extension set forth in Article 4 IV are not satisfied or waived in accordance with the terms hereof (subject to the provisions of the last paragraphs of Section 4.01 and Section 4.02 hereof, as applicable), 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

Sources: Asset Based Revolving Credit Agreement (C&J 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 the Borrower as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing of Loans precedent set forth in Article 4 Section 4.02 are not satisfied (or waived in accordance with the terms hereofSection 11.01), 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

Sources: Term Loan Agreement (Amazon Com 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 2II, and such funds are not made available to the such Borrower by the Administrative Agent because the conditions to the borrowing of Loans applicable Credit Extension set forth in Article 4 IV are not satisfied or waived in accordance with the terms hereof, CHAR1\1976173v4 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

Sources: 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 the Borrowers as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrower Borrowers by the Administrative Agent because the conditions to the borrowing of Loans applicable Borrowing set forth in Article 4 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

Sources: Credit Agreement (Contura Energy, Inc.)

Failure to Satisfy Conditions Precedent. If Except as otherwise provided in Section 2.02(f), if any Lender makes available to the Administrative Agent funds for any Loan to be made by such ▇▇▇▇▇▇ Lender to the Borrower as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing of Loans applicable Borrowing set forth in Article 4 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

Sources: Revolving Credit Agreement (Thermo Fisher Scientific 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 as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing funding of the Initial Term Loans set forth in Article 4 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

Sources: 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 as provided in the foregoing provisions of this Article 2Section 2.4, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing applicable Loan funding or issuance of Loans a Letter of Credit set forth in Article 4 Section 5 are not satisfied or waived in accordance with the terms hereof, the then, within one Business Day, Administrative Agent shall promptly return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Sources: Credit Agreement (Allied Capital 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 the Borrower as provided in the foregoing provisions of this Article 2Error! Reference source not found., and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing of Loans set forth in Article 4 Error! Reference source not found. 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

Sources: Credit and Guaranty Agreement

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such ▇▇▇▇▇▇ Lender as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrower Borrowers by the Administrative Agent because the conditions to the borrowing of Loans applicable Credit Extension set forth in Article 4 IV are not satisfied or waived in accordance with the terms hereof (subject to the provisions of the last paragraph of Section 3.02 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

Sources: Credit Agreement (Wet Seal 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 as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing of applicable Loans set forth in Article 4 IV or in the applicable Incremental Commitment Amendment 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, Lender without interest.

Appears in 1 contract

Sources: Credit Agreement (Healthcare Royalty, 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 as provided in the foregoing provisions of this Article §2, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing making of Loans such Loan set forth in Article 4 §▇▇ ▇▇ §▇▇, as applicable, 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

Sources: Revolving Credit Agreement (Timberland Co)

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 ▇▇▇▇▇▇ Lender as provided in the foregoing provisions of this Article 2ARTICLE II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing of Loans applicable Loan set forth in Article 4 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, Lender without interest.

Appears in 1 contract

Sources: Senior Secured Bridge 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 Loan to be made by such ▇▇▇▇▇▇ Lender to the Borrower as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing of Loans applicable BorrowingCredit Extension set forth in Article 4 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

Sources: Credit Agreement (Peabody Energy Corp)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such ▇▇▇▇▇▇ as provided in the foregoing provisions 49 CHAR1\1967948v4 of this Article 2II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing of Loans applicable Credit Extension set forth in Article 4 IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent promptly shall promptly return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Sources: 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 the Borrowers as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrower Borrowers by the Administrative Agent because the conditions to the borrowing of Loans Borrowing set forth in Article 4 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

Sources: 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 the Initial Term Loan to be made by such ▇▇▇▇▇▇ Lender as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrower by the Administrative Agent because the applicable conditions to the borrowing funding of the Initial Term Loans set forth in Article 4 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

Sources: 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 as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the applicable Borrower by the Administrative Agent because the conditions to the borrowing of Loans applicable Borrowing set forth in Article 4 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

Sources: 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 as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing of Loans set forth in Article 4 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

Sources: Credit Agreement (Diamond Foods 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 as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing of Loans applicable Credit Extension set forth in Article 4 IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall promptly CHAR1\1710066v1CHAR1\▇▇▇▇▇▇▇▇▇ return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Sources: Credit Agreement (BGC Partners, 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 on the Closing Date as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing of Committed Loans set forth in Article 4 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

Sources: 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 as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing of Loans applicable Credit Extension set forth in Article 4 IV are not satisfied or waived in accordance with the terms hereof (subject to the provisions of the last paragraph of Section 4.2 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

Sources: Senior Secured Super Priority Debtor in Possession Credit Agreement (Quiksilver 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 as provided in the foregoing provisions of this Article 2II, and such funds are not made available distributed to the Borrower by the Administrative Agent because the conditions to the borrowing of Loans set forth in Article 4 Section 4.01 of the Existing Term Loan Agreement are not satisfied or waived in accordance with the terms hereofthereof, the Administrative Agent shall promptly return such funds (in like funds as received from such Lender) ), without interest, to such Lender, without interest.

Appears in 1 contract

Sources: Amendment and Restatement 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 ▇▇▇▇▇▇ Lender to the Borrower as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing of Loans applicable Committed Borrowing set forth in Article 4 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

Sources: 364 Day Credit Agreement (Cisco Systems, 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 ▇▇▇▇▇▇ Lender as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing initial Borrowing of the Term Loans as set forth in Article 4 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

Sources: Credit Agreement (Total System Services 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 2II, and such funds are not made available to the such Borrower by the such Facility Administrative Agent because the conditions to the borrowing of Loans applicable Credit Extension set forth in Article 4 IV are not satisfied or waived in accordance with the terms hereof, the such Facility Administrative Agent shall promptly return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Sources: 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 as provided in the foregoing provisions of this Article 2, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing of Loans set forth in Article 4 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

Sources: Credit Agreement (Synchronoss 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 the Borrower as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing of Loans applicable Borrowing set forth in Article 4 Section 4.02 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall promptly will return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Sources: Cash Bridge Credit and Guaranty Agreement (Actavis PLC)

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 as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing of Loans Term Loan Borrowing set forth in Article 4 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

Sources: 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 as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrower by the Administrative Agent 1204724.01-CHISR02A - MSW CHAR1\1886837v5 because the conditions to the borrowing of Loans applicable Credit Extension set forth in Article 4 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

Sources: Credit Agreement (SP Plus Corp)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Term A Loan to be made by such ▇▇▇▇▇▇ Lender as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrower Borrowers by the Administrative Agent because the conditions to the borrowing of Loans a Term A Loan Borrowing set forth in Article 4 Section 4.01 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

Sources: Term Loan Agreement (Waste Connections, 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 as provided in the foregoing provisions of this Article 2, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the borrowing of Loans applicable Credit Extension set forth in Article 4 and, if applicable, Section 7 of the Fifth Amendment 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

Sources: Credit Agreement (ASGN 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 as provided in the foregoing provisions of this Article 2, and such funds are not made available to the Borrower Borrowers by the Administrative Agent because the conditions to the borrowing of Loans set forth in Article 4 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

Sources: Credit Agreement (J&j Snack Foods 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 as provided in the foregoing provisions of this Article 2, and such funds are not made available to the Borrower Borrowers by the Administrative Agent because the conditions to the borrowing of Loans applicable Credit Extension set forth in Article 4 are not satisfied or waived in accordance with the terms hereof (subject to the provisions of the last paragraph of Section 4(b) 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

Sources: Credit Agreement (Sportsman's Warehouse 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 ActiveUS 170689984v.4 provided in the foregoing provisions of this Article 2II, and such funds are not made available to the such Borrower by the Administrative Agent because the conditions to the borrowing of Loans applicable Credit Extension set forth in Article 4 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

Sources: Revolving Credit Agreement (Hasbro Inc)