Examples of Certain Funds Provisions in a sentence
Notwithstanding Section 1.12(1), the deeming provisions contained in such Section shall be subject to “SunGard” conditions equivalent or similar to the Certain Funds Provisions.
The Administrative Agent shall have received, subject to the Certain Funds Provisions (as defined below), documents necessary to create and perfect the Administrative Agent’s security interests in the Collateral of Target (other than with respect to Innovative Plastics, LLC and CMC Marine, LLC), in each case in proper form for filing.
Subject in all respects to the Certain Funds Provisions and the Documentation Principles, to be applicable to Borrower and its restricted subsidiaries, the same as (including, for the avoidance of doubt, with respect to materiality qualifiers, exceptions and limitations) the representations and warranties set forth in Article V of the Precedent Credit Agreement.
Subject in all respects to the Certain Funds Provisions and the High Yield Documentation Principles, the same as those under the First Lien Facilities and in no event less favorable to the Borrower than those in the First Lien Facilities Documentation.
Subject in all respects to the Certain Funds Provisions, all documents and instruments required to create and perfect the Senior Administrative Agent’s security interests in the Collateral of the Acquired Loan Parties shall have been executed and delivered and, if applicable, be in proper form for filing.
The First Lien Facilities Documentation will be subject in all respects to the Certain Funds Provisions.
Subject in all respects to the Certain Funds Provisions and the First Lien Documentation Principles, to be applicable to Bidco and its restricted subsidiaries (and, in certain cases, Holdings), the same as (including, for the avoidance of doubt, with respect to materiality qualifiers, exceptions and limitations) the representations and warranties set forth in Article III of the Precedent Credit Agreement.
For purposes of clarification, in the event of Commitment Parties’ failure to fund despite Borrower’s and Guarantors’ satisfaction of the conditions of the Certain Funds Provisions applicable to them, Borrower’s sole remedy will be to seek payment of the Parent Termination Fee.
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The execution and delivery by the Borrower and the other Guarantors of the Facilities Documentation (including guarantees by the applicable guarantors) which shall, in each case, be in accordance with the terms of the Commitment Letter and the Term Sheets (as modified to reflect any exercise of the “Market Flex” under the Fee Letter) and subject to the Certain Funds Provisions and the Documentation Considerations set forth in the Commitment Letter.