Actions during Certain Funds Period. During the Certain Funds Period (notwithstanding any provision of this Agreement to the contrary), unless a Major Default has occurred and is continuing, none of the Lenders or the Administrative Agent shall be entitled to, without the consent of the Borrower:
Actions during Certain Funds Period. Notwithstanding (x) anything to the contrary in this Agreement or (y) that any condition set out in Sections 3.1, 3.2 or (after the Closing Date) 3.3 may subsequently be determined to not have been satisfied or any representation given was incorrect in any material respect, during the Certain Funds Period no Lender shall (unless (i) in the case of a particular Lender, in respect of clause (c) below, it would be illegal for such Lender to participate in making the Advances; provided, that such Lender has used commercially reasonable efforts to make the Advance through an Affiliate of such Lender not subject to such legal restriction; provided, further, that the occurrence of such event in relation to one Lender shall not relieve any other Lender of its obligations hereunder, (ii) a Certain Funds Event of Default has occurred and is continuing or, in respect of clause (c) below, would result from making such Advances or (iii) in respect of clause (c) below, a Lender is not obligated pursuant to Section 3.2 to make an Advance) be entitled to:
Actions during Certain Funds Period. Notwithstanding anything to the contrary in this Agreement, during the Certain Funds Period no Lender shall (unless (i) in the case of a particular Lender, in respect of clause (c) below, it would be illegal for such Lender to participate in making the Loans; provided, that such Lender has used commercially reasonable efforts to maintain its Commitments or make the Loan through an Affiliate of such Lender not subject to such legal restriction; provided, further, that the occurrence of such event in relation to one Lender shall not relieve any other Lender of its obligations hereunder, (ii) a Certain Funds Event of Default has occurred and is continuing or, in respect of clause (c) below, would result from making such Loans or (iii) in respect of clause (c) below, a Lender is not obligated pursuant to Section 4.02 or 4.03 to make a Loan) be entitled to:
Actions during Certain Funds Period. Notwithstanding anything to the contrary in this Agreement, during the Certain Funds Period no Lender shall (unless (i) in the case of a particular Lender, in respect of clause (3) below, it would be illegal for such Lender to participate in making the Bridge Loan; provided that the occurrence of such event in relation to one Lender shall not relieve any other Lender of its obligations hereunder, (ii) a Certain Funds Event of Default has occurred and is continuing or, in respect of clause (3) below, would result from making such Bridge Loans, (iii) in respect of clause (3) below, a Lender is not obligated pursuant to Section 4.02 to make a Bridge Loan or (iv) any Certain Funds Representation is incorrect in any material respect (or if already qualified by materiality, in any respect)) be entitled to:
Actions during Certain Funds Period. Notwithstanding anything to the contrary in this Agreement, during the Certain Funds Period no Lender shall (unless (i) in the case of a particular Lender, any of the events or circumstances described in Section 4.10 has occurred in relation to such Lender; provided, further, that the occurrence of such event or circumstances in relation to one Lender shall not relieve any other Lender of its obligations hereunder, (ii) a Certain Funds Event of Default has occurred and is continuing or (iii) in respect of clause (c) below only, a Lender is not obligated pursuant to Section 7.2, Section 7.3 or Section 7.4, as the case may be, to make an Advance) be entitled to:
Actions during Certain Funds Period. (a) During the Certain Funds Period, neither the Administrative Agent nor any of the Lenders will refuse to make any Borrowing available to the Borrowers pursuant to Article II (notwithstanding any provision of any Loan Document to the contrary, it being understood that this provision shall not be deemed to increase the Commitment of any Lender or oblige the Administrative Agent to fund any Commitment on behalf of a Lender) unless:
Actions during Certain Funds Period. Notwithstanding anything to the contrary in this Amendment or any other Preferred Shares Document or the Sierra PIK Notes Purchase Agreement, during the Certain Funds Period no Incremental Investor or other Investor shall (unless (w) in the case of a Permitted Transfer, (x) in the case of a particular Incremental Investor, in respect of clause (iii) of this Section 4(a), it would be illegal for such Incremental Investor to participate in making a Sierra Preferred Share Subscription or Sierra PIK Notes Subscription (as applicable); provided, that such Incremental Investor has used commercially reasonable efforts to subscribe for the relevant Sierra Preferred Shares or Sierra PIK Notes through an Affiliate of such Incremental Investor not subject to such legal restriction; provided, further, that the occurrence of such event in relation to one Incremental Investor shall not relieve any other Incremental Investor of its obligations hereunder, (y) a Certain Funds Event of Default has occurred and is continuing or, in respect of clause (iii) of this Section 4(a), would result from making such Sierra Preferred Share Subscription or Sierra PIK Notes Subscription or (z) in respect of clause (iii) of this Section 4(a), an Incremental Investor is not obligated pursuant to Section 3(b) to make such Sierra Preferred Share Subscription or Sierra PIK Notes Subscription) be entitled to:
Actions during Certain Funds Period. Notwithstanding anything to the contrary in this Agreement, during the Certain Funds Period no Lender shall (unless (i) in the case of a particular Lender, in respect of clause (c) below, it would be illegal for such Lender to participate in making the RPS Acquisition Loans; provided, that such Lender has used commercially reasonable efforts to maintain its applicable Commitments or make a RPS Acquisition Loan through an Affiliate of such Lender not subject to such legal restriction; provided, further, that the occurrence of such event in relation to one Lender shall not relieve any other Lender of its obligations hereunder, (ii) a Certain Funds Event of Default has occurred and is continuing or, in respect of clause (c) below, would result from making such RPS Acquisition Loans or (iii) in respect of clause (c) below, a Lender is not obligated pursuant to Sections 4.03 or 4.04 to make a RPS Acquisition Loan) be entitled to:
Actions during Certain Funds Period. From March 27, 2015 until the earliest of (a) the Balmoral Acquisition Closing Date (after the funding of any Balmoral Acquisition Loans), (b) the date that the Balmoral Acquisition Agreement is terminated in accordance with its terms, (c) March 8, 2016, and (d) the occurrence of Major Default pursuant to clause 1, 2(a), 3 or 4 set forth in Schedule 4.03(e)(i) (such period, the “Certain Funds Period”), except in circumstances where (i) the conditions set forth on Section 4.03 have not been satisfied or waived or (ii) it has become illegal for the relevant Lender to make a Balmoral Acquisition Loan to either Co-Borrower or participate under this Agreement, none of the Lenders (nor the Administrative Agent acting on behalf of any Lender) shall be entitled to:
Actions during Certain Funds Period. Notwithstanding (x) anything to the contrary in this Agreement, the Credit Documents or any other agreement relating to or entered into in connection with any of the foregoing, including, without limitation, any Fee Letter or (y) that any condition set forth in Section 5.01, 5.02 or 5.03 may subsequently be determined not to have been satisfied or any representation given was incorrect in any material respect, during the Certain Funds Period neither the Administrative Agent, nor any Lender nor any Joint Lead Arranger shall (unless, with respect to clause (c) below, (i) in the case of a particular Lender, it would be illegal for such Lender to participate in making the Loans as a result of a Change in Law occurring after such Lender became a Lender under this Agreement or (ii) if, on a proposed date of Borrowing, a Lender is not obligated pursuant to Section 5.02 or 5.03 to make a Loan), unless a Major Default has occurred and is continuing or would result from a proposed Borrowing or a Major Representation remains incorrect (or, if a Major Representation does not include a materiality qualifier, in correct in any material respect), be entitled to:
