Common use of Failure to Satisfy Conditions Precedent Clause in Contracts

Failure to Satisfy Conditions Precedent. If any Lender makes available to Administrative Agent funds for any Advance to be made by such Lender as provided in the foregoing provisions of this Section 5, and such funds are not made available to Borrowers by Administrative Agent because the conditions to the applicable Advance set forth in Section 6.2 or Section 6.3, as applicable, are not satisfied or waived in accordance with the terms hereof, Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 4 contracts

Samples: Loan Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Loan Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Loan Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)

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Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Advance to be made by such Lender to the Company as provided in the foregoing provisions of this Section 5herein, and such funds are not made available to Borrowers the Company by the Administrative Agent because the conditions to the applicable Advance set forth in Section 6.2 or Section 6.3, as applicable, 2.05 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 3 contracts

Samples: Credit and Security Agreement (T Series Middle Market Loan Fund LLC), Credit and Security Agreement (T Series Middle Market Loan Fund LLC), Credit and Security Agreement (T Series Middle Market Loan Fund LLC)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Advance Loan to be made by such Lender Xxxxxx as provided in the foregoing provisions of this Section 5Article 2, and such funds are not made available to Borrowers the Borrower by the Administrative Agent because the conditions to the applicable Advance borrowing of Loans set forth in Section 6.2 or Section 6.3, as applicable, Article 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 3 contracts

Samples: Credit Agreement (Harvard Bioscience Inc), Credit Agreement (Ooma Inc), Credit Agreement

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Advance Loan to be made by such Lender to any Borrower as provided in the foregoing provisions of this Section 54, and such funds are not made available to Borrowers such Borrower by the Administrative Agent because the conditions to the applicable Advance Credit Extension set forth in Section 6.2 or Section 6.3, as applicable, 6 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 3 contracts

Samples: Credit Agreement (Graphic Packaging Holding Co), Credit Agreement (Graphic Packaging International, LLC), Credit Agreement (Graphic Packaging International, LLC)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Advance Loan to be made by such Lender as provided in the foregoing provisions of this Section 51.6, and such funds are not made available to Borrowers the Borrower by the Administrative Agent because the conditions to the applicable Advance Closing Date set forth in Section 6.2 or Section 6.3, as applicable, 7.2 hereof 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: Term Loan Credit Agreement (J M SMUCKER Co), Term Loan Credit Agreement (J M SMUCKER Co)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Advance Loan to be made by such Lender as provided in the foregoing provisions of this Section 52, and such funds are not made available to the Borrowers by the Administrative Agent because the conditions to the applicable Advance Extension of Credit set forth in Section 6.2 or Section 6.3, as applicable, 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 2 contracts

Samples: Credit Agreement (Brandywine Operating Partnership, L.P.), Revolving Credit Agreement (Brandywine Operating Partnership, L.P.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Advance Loan to be made by such Lender as provided in the foregoing provisions of this Section 52, and such funds are not made available to Borrowers the Borrower by the Administrative Agent because the conditions to the applicable Advance extension of credit set forth in Section 6.2 or Section 6.3, as applicable, 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 2 contracts

Samples: Northwestern Corp, Credit Agreement (Northwestern Corp)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Advance the Loan to be made by such Lender Xxxxxx as provided in the foregoing provisions of this Section 52, and such funds are not made available to Borrowers the Borrower by the Administrative Agent because the conditions to the applicable Advance Loan set forth in Section 6.2 or Section 6.3, as applicable, 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 2 contracts

Samples: Loan Agreement (Cedar Realty Trust, Inc.), Loan Agreement (Wheeler Real Estate Investment Trust, Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Advance Loan to be made by such Lender as provided in the foregoing provisions of this Section 5, 2 and such funds are not made available to Borrowers the Borrower by the Administrative Agent because the conditions to the applicable Advance Credit Extension set forth in Section 6.2 or Section 6.3, as applicable, 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, Lender without interest.

Appears in 1 contract

Samples: Credit Agreement (United Components Inc)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Advance Loan to be made by such Lender Lxxxxx as provided in the foregoing provisions of this Section 5Article 2, and such funds are not made available to Borrowers the Borrower by the Administrative Agent because the conditions to the applicable Advance borrowing of Loans set forth in Section 6.2 or Section 6.3, as applicable, Article 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 (Abrdn Income Credit Strategies Fund)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Advance Loan to be made by such Lender as provided in the foregoing provisions of this Section 5Article 2, and such funds are not made available to the Borrowers by the Administrative Agent because the conditions to the applicable Advance borrowing of Loans set forth in Section 6.2 or Section 6.3, as applicable, Article 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)

Failure to Satisfy Conditions Precedent. If any Lender makes available to Administrative Agent funds for any Advance to be made by such Lender as provided in the foregoing provisions of this Section 5, and such funds are not made available to Borrowers by Administrative Agent because the conditions to the applicable Advance set forth in Section 6.2 or Section 6.3, as applicable, are not satisfied or waived in accordance with the terms hereof, Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.. Amended & Restated Loan Agreement (G&I)

Appears in 1 contract

Samples: Loan Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Advance Loan to be made by such Lender as provided in the foregoing provisions of this Section 54, and such funds are not made available to Borrowers the Borrower by the Administrative Agent because the conditions to the applicable Advance Credit Extension set forth in Section 6.2 or Section 6.3, as applicable, 6 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 (Graphic Packaging Holding Co)

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Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Advance Loan to be made by such Lender as provided in the foregoing provisions of this Section 5Article 2, and such funds are not made available to Borrowers the Borrower by the Administrative Agent because the conditions to the applicable Advance borrowing of Loans set forth in Section 6.2 or Section 6.3, as applicable, Article 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 Advance to be made by such Lender as provided in the foregoing provisions of this Section 52, and such funds are not made available to Borrowers the Broker/Dealer by the Administrative Agent because the conditions to the applicable Advance set forth in Section 6.2 or Section 6.3, as applicable, Sections 13 and 14 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: Assignment and Assumption (Willis Group Holdings PLC)

Failure to Satisfy Conditions Precedent. If any Lender makes available to Administrative Agent funds for any Advance Loan to be made by such Lender as provided in the foregoing provisions of this Section 52.4, and such funds are not made available to Borrowers Borrower by Administrative Agent because the conditions to the applicable Advance Loan funding or issuance of an LC set forth in Section 6.2 or Section 6.3, as applicable, 5 are not satisfied or waived in accordance with the terms hereof, then, within one Business Day, 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 (Allied Capital Corp)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Advance Loan to be made by such Lender as provided in the foregoing provisions of this Section 52, and such funds are not made available to Borrowers the Borrower by the Administrative Agent because the conditions to the applicable Advance Extensions of Credit set forth in Section 6.2 or Section 6.3, as applicable, 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 (Advance America, Cash Advance Centers, Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to the Administrative Agent funds for any Advance Loan to be made by such Lender as provided ax xxxxided in the foregoing provisions of this Section 5Article 2, and such funds are not made available to Borrowers the Borrower by the Administrative Agent because the conditions to the applicable Advance borrowing of Loans set forth in Section 6.2 or Section 6.3, as applicable, Article 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 Administrative Agent funds for any Advance to be made by such Lender as provided Amended & Restated Loan Agreement (PF) in the foregoing provisions of this Section 5, and such funds are not made available to Borrowers by Administrative Agent because the conditions to the applicable Advance set forth in Section 6.2 or Section 6.3, as applicable, are not satisfied or waived in accordance with the terms hereof, Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

Appears in 1 contract

Samples: Loan Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)

Failure to Satisfy Conditions Precedent. If any Lender makes available to Administrative Agent funds for any Advance Loan to be made by such Lender as provided in the foregoing provisions of this Section 52.4, and such funds are not made available to Borrowers Borrower by Administrative Agent because the conditions to the applicable Advance Loan funding or issuance of a Letter of Credit set forth in Section 6.2 or Section 6.3, as applicable, 5 are not satisfied or waived in accordance with the terms hereof, then, within one Business Day, 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 (Allied Capital Corp)

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