Certain Funds. (a) Notwithstanding any term of this Agreement, during the Certain Funds Period no Lender is entitled to:
Certain Funds. To ensure that Bidco has resources available to fulfil its obligations under the Offer, during the Certain Funds Period (notwithstanding any provision in this Agreement to the contrary except for Clause 9.1 (Illegality)) unless a Certain Funds Event of Default has occurred which is continuing, none of the Finance Parties shall be entitled to:
Certain Funds. To ensure that Bidco has resources available to fulfil its obligations under the Offer, the Lenders agree that (without prejudice to Clause 24.17 (Certain Funds Period)) in relation to any Loan requested during the Certain Funds Period to be applied for the purposes referred to in Clause 3.1(a)(i)-(vi) (Purpose):
Certain Funds. (a) Subject to Section 4.01 and notwithstanding the conditions of Section 4.02 and any other provision of any Loan Document to the contrary, during the Certain Funds Period, each Lender will only be obliged to make its initial Credit Extension hereunder if:
Certain Funds. Notwithstanding any term of the Finance Documents (other than Clause 3.1 (Purpose) and 9.2 (Change of control)), each Finance Party agrees that during the Certain Funds Period, the Finance Parties shall not:
Certain Funds. 5.1 The Commitments in respect of the Facility are made on a certain funds basis, as set out in the Term Sheet, during the Certain Funds Period. Accordingly, and notwithstanding anything to the contrary herein or in any Underwriting Document, during the Certain Funds Period, the only conditions to utilisation of the Commitments of the Underwriters in respect of the Facility are as expressly set out in paragraph 4 (Underwriting Conditions) of this Commitment Letter and Schedule 3 (Conditions Precedent) to the Term Sheet.
Certain Funds. During the period from and including the Effective Date to and including the earlier of (x) 11:59:59 P.M. (New York City time) on the Initial Term Loan Commitment Expiration Date and (y) the funding of the Initial Term Loans on the Closing Date (the “Certain Funds Period”), and notwithstanding (i) that any representation made on the Effective Date (excluding the Specified Representations made on the Closing Date to the extent constituting a condition precedent to the occurrence thereof) was incorrect, (ii) any failure by the Borrower to comply with the affirmative covenants, negative covenants and financial covenant to the extent then applicable, (iii) any provision to the contrary in this Agreement or otherwise or (iv) that any condition to the occurrence of the Effective Date may subsequently be determined not to have been satisfied, neither the Administrative Agent nor any Term Lender shall be entitled to (1) cancel any of its Term Loan Commitments, (2) rescind, terminate or cancel this Agreement or exercise any right or remedy or make or enforce any claim under this Agreement, the Notes, any related fee letter or otherwise that it may have to the extent to do so would prevent, limit or delay the making of its Term Loans on the Closing Date, (3) refuse to participate in making its Term Loans on the Closing Date; provided that the conditions precedent in Section 3.02 have been satisfied or waived, or (4) exercise any right of set-off or counterclaim in respect of its Term Loans to the extent to do so would prevent, limit or delay the making of its Term Loans on the Closing Date. Notwithstanding anything to the contrary provided herein, (A) the rights and remedies of the Term Lenders and the Administrative Agent shall not be limited in the event that any condition precedent set forth in Section 3.02 is not satisfied or waived on the Closing Date (other than, if such conditions have been satisfied or waived on or prior to the Closing Date, the conditions precedent set forth in Section 3.01) and (B) immediately after the expiration of the Certain Funds Period, all of the rights, remedies and entitlements of the Administrative Agent and the Term Lenders shall be available notwithstanding that such rights were not available prior to such time as a result of the foregoing.
Certain Funds. Notwithstanding anything to the contrary in this Section 2.4 or in any other provision of any Loan Document, if the proceeds of any Incremental Term Facility are intended to be applied to finance a Permitted Acquisition or other Investment permitted hereunder and the lenders providing such Incremental Term Facility so agree, the availability thereof shall be subject to customary “SunGard” or “certain funds” conditionality.
Certain Funds. (a) Notwithstanding any other provision of this Agreement or the Incremental Amendment No. 3 to the contrary, a 2017 Incremental Term Lender will be obliged to make a Certain Funds Credit Extension if on the proposed Certain Funds Credit Extension Date:
Certain Funds. (a) Notwithstanding the conditions set forth in Sections 4.01 and 4.02 or any other provisions to the contrary in the Loan Documents, during the Certain Funds Period, (i) each Lender will only be required to make [Acquisition]difr Term Loans and (ii) the Collateral Agent will only be required to release amounts from the Certain Funds Lock-Box Account to BidCo if, in each case, as of the date of the applicable Committed Loan Notice, the Funding Date and the date on which any funds are to be released from the Certain Funds Lock-Box Account, as applicable, no Certain Funds Major Default is continuing or would result from the proposed [Acquisition]difr Term Borrowing or the release of funds to BidCo.
