Common use of Conditions Not Fulfilled Clause in Contracts

Conditions Not Fulfilled. If the Commitments are not borrowed or Competitive Bid Loans are not made owing to nonfulfillment of any condition precedent specified in Article IV, no party hereto shall be responsible to any other party for any damage or loss by reason thereof, except that the Borrower shall in any event be liable to pay the fees, Taxes, and expenses for which it is obligated hereunder. If for any other reason the Commitment of any Lender is not borrowed or a Competitive Bid Loan is not made, neither the Agent nor any other Lender shall be responsible to the Borrower for any damage or loss by reason thereof, nor shall any other Lender or the Borrower be excused from its performance hereunder.

Conditions Not Fulfilled. If the Commitments are not borrowed or Competitive Bid Loans are not made owing to nonfulfillment of any condition precedent specified in Article IVIII, no party hereto shall be responsible to any other party for any damage or loss by reason thereof, except that the Borrower shall in any event be liable to pay the fees, Taxes, and expenses for which it is obligated hereunder. If for any other reason the Commitment of any Lender is not borrowed or a Competitive Bid Loan is not made, made neither the Agent nor any other Lender shall be responsible to the Borrower for any damage or loss by reason thereof, nor shall any other Lender or the Borrower be excused from its performance hereunder.

Conditions Not Fulfilled. If the Commitments are not borrowed or Competitive Bid Loans are not made owing to nonfulfillment of any condition precedent specified in Article IVIII, no party hereto shall be responsible to any other party for any damage or loss by reason thereof, except that the Borrower shall in any event be liable to pay the fees, Taxes, and expenses for which it is obligated hereunder. If for any other reason the Commitment of any Lender is not borrowed or a Competitive Bid Loan is not made, neither the Agent nor any other Lender shall be responsible to the Borrower for any damage or loss by reason thereof, nor shall any other Lender or the Borrower be excused from its performance hereunder.

Conditions Not Fulfilled. If the Commitments are not borrowed or Competitive Bid Loans are not made borrowed, owing to nonfulfillment of any condition precedent specified in Article IV, no party hereto shall be responsible to any other party for any damage or loss by reason thereof, except that the Borrower shall in any event be liable to pay the fees, Taxes, and expenses amounts for which it is obligated hereunderunder Section 3.4. If for any other reason the Commitment of any Lender is not borrowed or a Competitive Bid Loan Advance is not made, neither the Agent nor any other Lender shall be responsible to the Borrower for any damage or loss by reason thereof, nor shall any other Lender or the Borrower be excused from its performance hereunder.