Common use of Certain Funds Provision Clause in Contracts

Certain Funds Provision. During the period from and including the Effective Date to and including the Funding Date (the “Certain Funds Period”), and notwithstanding (i) that any representation (other than a Specified Representation) made on the Effective Date was incorrect, (ii) any provision to the contrary in this Agreement or otherwise or (iii) that any other condition to the occurrence of the Effective Date may subsequently be determined not to have been satisfied, neither the Administrative Agent nor any Lender shall be entitled to (1) cancel any of its 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, the Fee Letters or otherwise it may have to the extent to do so would prevent, limit or delay the making of its Loan or Loans on the Funding Date, (3) refuse to participate in making its Loan or Loans on the Funding Date so long as the conditions set forth in Section 4.02 have been satisfied or waived, or (4) exercise any right of set-off or counterclaim in respect of its Loan or Loans to the extent to do so would prevent, limit or delay the making of its Loan or Loans on the Funding Date. Notwithstanding anything herein to the contrary, (A) the rights and remedies of the Lenders and the Administrative Agent shall not be limited in the event that any condition set forth in Section 4.02 is not satisfied or waived on the Funding Date and (B) immediately after the expiration of the Certain Funds Period, all of the rights, remedies and entitlements of the Administrative Agent and the Lenders (including those set forth above) shall be available notwithstanding that such rights, remedies and entitlements were not available prior to such time as a result of the foregoing.

Certain Funds Provision. During Notwithstanding anything to the contrary herein or in any Loan Document, during the period from and including the Effective Date to and including the Funding Date (the “Certain Funds Period”)Expiration Date, and notwithstanding (i) that any representation (other than a Specified Representation) or warranty made on the Effective Date or the Closing Date (excluding for the avoidance of doubt, the Specified Representations and/or Acquisition Agreement Representations made on the Closing Date) was incorrect, (ii) any failure by the Borrower or any of its Subsidiaries to comply with the affirmative covenants, negative covenants, financial covenants or any other obligation under this Agreement, related notes, related fee letters or any other Loan Document, (iii) any provision to the contrary in this Agreement or in any Loan Document or otherwise or (iiiiv) that any other condition to the occurrence of the Effective Date may subsequently be determined not to have been satisfied, neither the Administrative Agent nor any Lender shall be entitled to (1) cancel any of its CommitmentsCommitments (except as set forth in Section 2.9(c)), (2) rescind, terminate or cancel this Agreement or any Loan Document or exercise any right or remedy or make or enforce any claim under this Agreement, the Notesrelated notes, the Fee Letters related fee letters or any Loan Document or otherwise it may have to the extent to do so would prevent, limit or delay the making of its Loan or Loans on the Funding Datehereunder, (3) refuse to participate in making its Loan or Loans on the Funding Date so long as the conditions set forth in Section 4.02 have been satisfied or waived, hereunder or (4) exercise any right of set-off or counterclaim in respect of its Loan or Loans hereunder to the extent to do so would prevent, limit or delay the making of its Loan or Loans on Loan; provided in each case that the Funding Date. Notwithstanding anything herein applicable conditions precedent to the contrary, (A) the rights and remedies making of the Lenders and the Administrative Agent shall not be limited in the event that any condition such loans set forth in Section 4.02 is not 4.2 have been satisfied or waived on or prior to the Funding Date Closing Date; provided, further, that with respect to items (1) through (4) above, the foregoing shall not apply if an Event of Default pursuant to Section 7.01(f) with respect to the Borrower has occurred and (B) immediately is continuing under this Agreement. For the avoidance of doubt, after the expiration of the Certain Funds PeriodExpiration Date, all of the rights, remedies and entitlements of the Administrative Agent and the Lenders (including those set forth above) shall be available notwithstanding that such rights, remedies and entitlements rights were not available prior to such time as a result of the foregoing.

Certain Funds Provision. (a) During the period from and including the Effective Signing Date to and including the Funding Restatement Date (the “Certain Funds Period”), and notwithstanding (i) that any representation (other than a Specified Representation) made on the Effective Signing Date or the Restatement Date (excluding, for the avoidance of doubt, the Specified Representations and the Specified Arrangement Agreement Representations given as a condition to the Restatement Date) was incorrect, (ii) any provision to the contrary in this Agreement, the Amended Credit Agreement or any other Loan Document or otherwise or (iii) that any other condition precedent to the occurrence of the Effective Signing Date may subsequently be determined not to have been satisfiedsatisfied on the Signing Date but which condition precedent is satisfied on or prior to the Restatement Date, neither the Administrative Agent nor any Lender shall be entitled to (1) cancel any of its Commitmentscommitments under the Facilities, (2) rescind, terminate or cancel this Agreement the Loan Documents or exercise any right or remedy or make or enforce any claim under this Agreementthe Loan Documents, the Notesrelated notes, the Fee Letters related fee letter or otherwise it may have to the extent to do so would prevent, limit or delay the making of its Loan or Loans on the Funding DateLoan, (3) refuse to participate in making its Loan or Loans on Loan, provided that the Funding Date so long as the applicable conditions precedent set forth in Section 4.02 6 of this Agreement have been satisfied or waivedsatisfied, or (4) exercise any right of set-off or counterclaim in respect of its Loan or Loans to the extent to do so would prevent, limit or delay the making of its Loan or Loans on the Funding Date. Notwithstanding anything herein to the contrary, (A) the rights and remedies of the Lenders and the Administrative Agent shall not be limited in the event that any condition set forth in Section 4.02 is not satisfied or waived on the Funding Date and (B) immediately after the expiration of the Certain Funds Period, all of the rights, remedies and entitlements of the Administrative Agent and the Lenders (including those set forth above) shall be available notwithstanding that such rights, remedies and entitlements were not available prior to such time as a result of the foregoingLoan.