Common use of Failure to Satisfy Conditions Precedent Clause in Contracts

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender as provided in the foregoing provisions of this Article 2, and such funds are not made available to the Borrowers by the Administrative Agent because the conditions to the borrowing of Loans set forth in Article 4 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 2 contracts

Samples: Credit Agreement (Arhaus, Inc.), Loan Agreement (RCM Technologies Inc)

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Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender Xxxxxx as provided in the foregoing provisions of this Article 2, and such funds are not made available to the Borrowers Borrower by the Administrative Agent because the conditions to the borrowing of Loans set forth in Article 4 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 2 contracts

Samples: Credit Agreement (TechTarget, Inc.), Credit Agreement (TechTarget Holdings Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender to the Borrower as provided in the foregoing provisions of this Article 2, and such funds are not made available to the Borrowers Borrower by the Administrative Agent because the conditions to the borrowing of Loans applicable Credit Extension set forth in Article 4 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 2 contracts

Samples: Credit Agreement (Adobe Inc.), Credit Agreement (Adobe Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender as provided in the foregoing provisions of this Article Section 2, and such funds are not made available to the Borrowers such Borrower by the Administrative Agent because the conditions to the borrowing applicable Extension of Loans Credit set forth in Article Section 4 are not satisfied or waived in accordance with the terms hereofthereof, the Administrative Agent shall promptly return such funds by the next Business Day (in like funds as received from such Lender) to such Lender, without interest.

Appears in 2 contracts

Samples: Credit Agreement (Checkpoint Systems Inc), Credit Agreement (Checkpoint Systems Inc)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender Lxxxxx as provided in the foregoing provisions of this Article 2, and such funds are not made available to the Borrowers by the Administrative Agent because the conditions to the borrowing of Loans set forth in Article 4 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 2 contracts

Samples: Loan Agreement (RCM Technologies, Inc.), Loan Agreement (RCM Technologies, Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender as provided in the foregoing provisions of this Article 2, and such funds are not made available to the Borrowers by the Administrative Agent because the conditions to the borrowing of Loans set forth in Article 4 are not satisfied or waived in accordance with the terms hereofhereof (subject to the provisions of Article 4), the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 2 contracts

Samples: Credit Agreement (Steven Madden, Ltd.), Credit Agreement (Steven Madden, Ltd.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender to the Borrower as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrowers Borrower by the Administrative Agent because the conditions to the borrowing of Loans Borrowing set forth in Article 4 Section 4.02 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall promptly return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 2 contracts

Samples: Senior Unsecured Bridge Credit Agreement, Senior Unsecured Bridge Credit Agreement (Avnet Inc)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender to the Borrower as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrowers Borrower by the Administrative Agent because the conditions to the borrowing funding of the Loans on the Closing Date set forth in Article 4 Section 4.02 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall promptly return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 2 contracts

Samples: Term Loan Agreement (Hasbro, Inc.), Term Loan Agreement (Hasbro, Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrowers by the Administrative Agent because the conditions to the borrowing of Loans applicable Credit Extension set forth in Article 4 IV are not satisfied or waived in accordance with the terms hereof (subject to the provisions of the last paragraph of Section 3.02 hereof), the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Credit Agreement (Wet Seal Inc)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender as provided in the foregoing provisions of this Article 2, and such funds are not made available to the Borrowers Borrower by the Administrative Agent because any of the conditions to the borrowing of Loans applicable Credit Extension set forth in Article 4 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Credit Agreement (Nextera Enterprises Inc)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Term Loan to be made by such Lender as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrowers by the Administrative Agent because the conditions to the borrowing of Loans applicable Borrowing set forth in Article 4 IV are not satisfied or waived in accordance with the terms hereof (subject to the provisions of the last paragraph of Section 4.02 hereof), the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Term Loan Agreement (Keane Group, Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrowers by the Administrative Agent because the conditions to the borrowing of Loans applicable Credit Extension set forth in Article 4 IV are not satisfied or waived in accordance with the terms hereof (subject to the provisions of the last paragraphs of Section 4.01 and Section 4.02 hereof, as applicable), the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Asset Based Revolving Credit Agreement (C&J Energy Services, Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender to any Borrower as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrowers such Borrower by the Administrative Agent because the conditions to the borrowing of Loans applicable Credit Extension set forth in Article 4 IV are not satisfied or waived in accordance with the terms hereof, CHAR1\1976173v4 the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Credit Agreement (Celestica Inc)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender to the Borrowers as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrowers by the Administrative Agent because the conditions to the borrowing of Loans Borrowing set forth in Article 4 Section 4.02 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall promptly return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Senior Unsecured Term Loan Credit Agreement (Avnet Inc)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrowers Borrower by the Administrative Agent because the conditions to the borrowing of Loans applicable Credit Extension set forth in Article 4 IV are not satisfied or waived in accordance with the terms hereof (subject to the provisions of the last paragraph of Section 4.2 hereof), the Administrative Agent shall promptly return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Senior Secured Super Priority Debtor in Possession Credit Agreement (Quiksilver Inc)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender as provided in the foregoing provisions of this Article 2, and such funds are not made available to the Borrowers Borrower by the Administrative Agent because the conditions to the borrowing of Loans set forth in Article 4 5 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall promptly return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Credit Agreement (Synchronoss Technologies Inc)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender to the Borrower as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrowers Borrower by the Administrative Agent because the applicable conditions to the borrowing of Loans a Borrowing set forth in Article 4 Section 4.02 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall promptly return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Senior Unsecured Bridge Credit Agreement (Avnet Inc)

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Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender as provided in the foregoing provisions of this Article 2, and such funds are not made available to the Borrowers by the Administrative Agent because the conditions to the borrowing of Loans applicable Credit Extension set forth in Article 4 are not satisfied or waived in accordance with the terms hereof (subject to the provisions of the last paragraph of Section 4(b) hereof), the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Credit Agreement (Sportsman's Warehouse Holdings, Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrowers Borrower by the Administrative Agent because the conditions to the borrowing of Loans applicable Credit Extension set forth in Article 4 IV are not satisfied or waived in accordance with the terms hereof (subject to the provisions of the last paragraph of Section 4.02 hereof), the Administrative Agent shall promptly return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Credit Agreement (Nash Finch Co)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender Xxxxxx as provided in the foregoing provisions of this Article 24, and such funds are not made available to the Borrowers Borrower by the Administrative Agent because the conditions to the borrowing of Loans applicable Borrowing set forth in Article 4 6 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Delayed Draw Term Loan Credit Agreement (Devon Energy Corp/De)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender as provided in the foregoing provisions of this Article 2, and such funds are not made available to the Borrowers Borrower by the Administrative Agent because the conditions to the borrowing of Loans applicable Credit Extension set forth in Article 4 and, if applicable, Section 7 of the Fifth Amendment are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Credit Agreement (ASGN Inc)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender Xxxxxx as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrowers by the Administrative Agent because the conditions to the borrowing of Loans applicable Credit Extension set forth in Article 4 IV are not satisfied or waived in accordance with the terms hereof (subject to the provisions of the last paragraph of Section 4.02 hereof), the Administrative Agent promptly shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Credit Agreement (Barnes & Noble Education, Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender as provided ax xxxxided in the foregoing provisions of this Article 2, and such funds are not made available to the Borrowers Borrower by the Administrative Agent because the conditions to the borrowing of Loans set forth in Article 4 5 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Credit Agreement (Mimedx Group, Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender as provided in the foregoing provisions of this Article 23, and such funds are not made available to the Borrowers SOURCECORP by the Administrative Agent because the conditions to the borrowing applicable Loan funding or issuance of Loans a Letter of Credit set forth in Article 4 6 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Credit Agreement (Sourcecorp Inc)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Term A Loan to be made by such Lender as provided in the foregoing provisions of this Article 2II, and such funds are not made available to the Borrowers by the Administrative Agent because the conditions to the borrowing of Loans a Term A Loan Borrowing set forth in Article 4 Section 4.01 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Term Loan Agreement (Waste Connections, Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender Xxxxxx as provided in the foregoing provisions of this Article 2, and such funds are not made available to the Borrowers Borrower by the Administrative Agent because the conditions to the borrowing of Loans set forth in Article 4 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall promptly return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Credit Agreement (Synchronoss Technologies Inc)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender as provided in the foregoing provisions of this Article 2, and such funds are not made available to the Borrowers by the Administrative Agent because the conditions to the borrowing of Loans set forth in Article 4 5 are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Credit Agreement (J&j Snack Foods Corp)

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