Common use of Certain Funds Clause in Contracts

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.

Appears in 4 contracts

Samples: Credit Agreement (Echo Pharma Acquisition LTD), Credit Agreement (Echo Pharma Acquisition LTD), Credit Agreement (Echo Pharma Acquisition LTD)

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