Common use of Non-satisfaction of Conditions Precedent Clause in Contracts

Non-satisfaction of Conditions Precedent. (a) If each of the conditions precedent set out in clause 2.1 has not been fulfilled, fully satisfied or expressly waived in writing on the Loan Date, the Lender will not be under any obligation to make the Loan Amount available to the Borrower. (b) In the circumstances in clause (a), the Borrower must, on demand by the Lender, pay to and indemnify the Lender against any: (i) costs; (ii) losses; (iii) charges; (iv) expenses; (v) liabilities; (vi) damages; (vii) fees; and (viii) disbursements, paid or incurred by the Lender in consequence of the Loan Amount not being provided to the Borrower. (c) These amounts include, but are not limited to: (i) costs; (ii) losses; (iii) charges; (iv) expenses; (v) liabilities; (vi) damages; (vii) fees; and (viii) disbursements, paid or incurred by the Lender liquidating or otherwise employing deposits by, or advances from, third parties acquired by the Lender to fund or assist in funding the provision of the Loan Amount.