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 II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the funding of the Loans on the Closing Date set forth in 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 Committed Loan to be made by such Lender to the Borrower as provided in the foregoing provisions of this Article II, and such funds are not made available to the Borrower Borrowers by the Administrative Agent because the conditions to the funding of the Loans on the Closing Date applicable Credit Extension set forth in Section 4.02 Article 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 to the Borrower as provided in the foregoing provisions of this Article IISection 2, and such funds are not made available to the such Borrower by the Administrative Agent because the conditions to the funding applicable Extension of the Loans on the Closing Date Credit set forth in Section 4.02 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 to the Borrower as provided in the foregoing provisions of this Article II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the funding of the Loans on the Closing Date Borrowing set forth in 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 Lender to the Borrower as provided in the foregoing provisions of this Article II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the funding of the Loans on the Closing Funding Date set forth in 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 to the Borrower as provided in the foregoing provisions of this Article IISection 1.6, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the funding of the Loans on the Closing Date set forth in Section 4.02 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 the Committed Loan to be made by such Lender to on the Borrower Amendment Effective Date as provided in the foregoing provisions of this Article II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the funding of the Committed Loans on the Closing Date set forth in Section 4.02 Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall promptly return such funds (in like funds as received from such Lender) to such Lender, without interest.
Appears in 2 contracts
Sources: Credit Agreement (Aecom Technology Corp), Credit Agreement (Aecom Technology Corp)
Failure to Satisfy Conditions Precedent. If On the Closing Date, any Lender makes available to the Administrative Agent funds for any the Term Loan to be made by such Lender to the Borrower as provided in the foregoing provisions of this Article II2, and such funds are not made available to the Borrower Borrowers by the Administrative Agent because the conditions to the funding of the Loans on the Closing Date Credit Extension set forth in Section 4.02 Article 4 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall promptly return such funds (in like funds as received from such Lender) to such Lender, without interest.
Appears in 1 contract
Sources: Debtor in Possession Term Loan Agreement (EveryWare Global, Inc.)
Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any the Loan to be made by such Lender to on the Borrower Closing Date as provided in the foregoing provisions of this Article II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the funding of the Loans on the Closing Date Borrowing set forth in Section 4.02 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 (Advanced Emissions Solutions, 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 to on the Borrower as provided in the foregoing provisions of this Article IIClosing Date, and such funds are not made available to the Borrower Borrowers by the Administrative Agent because the conditions to the funding of the Term Loans on the Closing Date set forth in Section 4.02 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
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 any Borrower as provided in the foregoing provisions of this Article II, and such funds are not made available to the such Borrower by the Administrative Agent because the conditions to the funding of the applicable Loans or L/C Cre di t Ex te nsi on the Closing Date set forth in Section 4.02 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
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 II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the funding of the Loans on the Closing Date applicable Credit Extension set forth in Section 4.02 Article 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 to the Borrower as provided in the foregoing provisions of this Article II, 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 funding of the Loans on the Closing Date applicable Credit Extension set forth in Section 4.02 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 (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 to the Borrower as provided in the foregoing provisions of this Article II, and such funds are not made available to the Borrower Borrowers by the Administrative Agent because the conditions to the funding of the Loans on the Closing Date a Term A Loan Borrowing set forth in Section 4.02 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
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 IISection 11.6, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the funding of the Loans on the Closing Date set forth in Section 4.02 7.2 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 M SMUCKER Co)
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 on the Borrower as provided in the foregoing provisions of this Article IIClosing Date, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the funding of the Term Loans on the Closing Date set forth in Section 4.02 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
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 on the Borrower Closing Date as provided in the foregoing provisions of this Article II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the funding of the Loans on the Closing Date Borrowing set forth in Section 4.02 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
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 II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the funding of the Loans on the Closing Date applicable Credit Extension set forth in Section 4.02 Article 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 to the Borrower as provided in the foregoing provisions of this Article II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the funding of the Loans on the Closing Funding Date set forth in 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
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 II, and such funds are not made available to the Borrower by the Administrative Agent because the applicable conditions to the funding of the Loans on the Closing Date a Borrowing set forth in 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 Term Loan to be made by such Lender to the Borrower as provided in the foregoing provisions of this Article II, and such funds are not made available to the Borrower Borrowers by the Administrative Agent because the conditions to the funding of the Loans on the Closing Date applicable Borrowing set forth in Section 4.02 Article 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
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 II, and such funds are not made available to the Borrower Borrowers by the Administrative Agent because the conditions to the funding of the Loans on the Closing Date applicable Credit Extension set forth in Section 4.02 Article 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
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 II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the funding of the Loans on the Closing Date set forth in Section 4.02 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 to the Borrower as provided in the foregoing provisions of this Article IISection 2, and such funds are not made available to the Borrower by 4823-2057-1839.3 the Administrative Agent because the conditions to the funding of the Loans on the Closing Date applicable Credit Extension set forth in Section 4.02 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
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 Borrowers as provided in the foregoing provisions of this Article II, and such funds are not made available to the Borrower Borrowers by the Administrative Agent because the conditions to the funding of the Loans on the Closing Date Borrowing set forth in 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 Committed Loan to be made by such Lender to on the Borrower Closing Date as provided in the foregoing provisions of this Article II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the funding of the Committed Loans on the Closing Date set forth in Section 4.02 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
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 II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the funding of the Loans on the Closing Date Borrowing set forth in Section 4.02 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: Second Lien Credit Agreement (Memc Electronic Materials Inc)