Common use of a Treaty Lender Clause in Contracts

a Treaty Lender. If a New Lender fails to indicate its status in accordance with this Section 1.7(e), then such New Lender or Lenders (as appropriate) shall be treated for the purposes of this Agreement (including by each Relevant Borrower) as if it is not a Qualifying Lender until such time as it notifies Agent which category of Qualifying Lender applies (and Agent, upon receipt of such notification, shall inform the Relevant Borrower). For the avoidance of doubt, an Assignment and Acceptance shall not be invalidated by any failure of a New Lender to comply with this Section 1.7.

Appears in 3 contracts

Samples: Credit Agreement (Genesco Inc), Credit Agreement (Genesco Inc), Credit Agreement (Genesco Inc)

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a Treaty Lender. If a New Lender fails to indicate its status in accordance with this Section 1.7(e5.8.4(e), then such New Lender or Lenders Lender (as appropriate) shall be treated for the purposes of this Agreement (including by each Relevant Borrower) as if it is not a Qualifying Lender until such time as it notifies Agent which category of Qualifying Lender applies (and Agent, upon receipt of such notification, shall inform the Relevant Borrower). For the avoidance of doubt, an Assignment and Acceptance shall not be invalidated by any failure of a New Lender to comply with this Section 1.75.8.4(e).

Appears in 3 contracts

Samples: Loan Agreement (Horizon Global Corp), Loan Agreement (Horizon Global Corp), Loan Agreement (Horizon Global Corp)

a Treaty Lender. If a New Lender fails to indicate its status in accordance with this Section 1.7(e5.12(e), then such New Lender or Lenders (as appropriate) shall be treated for the purposes of this Agreement (including by each Relevant Borrower) as if it is not a Qualifying Lender until such time as it notifies Agent which category of Qualifying Lender applies (and Agent, upon receipt of such notification, shall inform the Relevant Borrower). For the avoidance of doubt, an Assignment and Acceptance shall not be invalidated by any failure of a New Lender to comply with this Section 1.75.12.

Appears in 3 contracts

Samples: Loan, Guaranty and Security Agreement (Turtle Beach Corp), Loan, Guaranty and Security Agreement (Parametric Sound Corp), Loan, Guaranty and Security Agreement (Parametric Sound Corp)

a Treaty Lender. If a New Lender fails to indicate its status in accordance with this Section 1.7(e2.22(e), then such New Lender or Lenders (as appropriate) shall be treated for the purposes of this Agreement (including by each Relevant Borrower) as if it is not a Qualifying Lender until such time as it notifies the Administrative Agent which category of Qualifying Lender applies (and the Administrative Agent, upon receipt of such notification, shall inform the Relevant Borrower). For the avoidance of doubt, an Assignment and Acceptance Assumption shall not be invalidated by any failure of a New Lender to comply with this Section 1.72.22(e).

Appears in 2 contracts

Samples: Credit Agreement (Park Ohio Holdings Corp), Joinder Agreement (Park Ohio Holdings Corp)

a Treaty Lender. If a New Lender fails to indicate its status in accordance with this Section 1.7(e5.8.6(e), then such New Lender or Lenders Lender (as appropriate) shall be treated for the purposes of this Agreement (including by each Relevant Borrower) as if it is not a Qualifying Lender until such time as it notifies Agent which category of Qualifying Lender applies (and Agent, upon receipt of such notification, shall inform the Relevant Borrower). For the avoidance of doubt, an Assignment and Acceptance shall not be invalidated by any failure of a New Lender to comply with this Section 1.75.8.6(e).

Appears in 2 contracts

Samples: Intercreditor Agreement (MRC Global Inc.), Loan, Security and Guarantee Agreement (MRC Global Inc.)

a Treaty Lender. If a New Lender fails to indicate its status in accordance with this Section 1.7(e5.8.8(d), then such New Lender or Lenders Lender (as appropriate) shall be treated for the purposes of this Agreement (including by each Relevant Borrower) as if it is not a Qualifying Lender until such time as it notifies the Agent which category of Qualifying Lender applies (and the Agent, upon receipt of such notification, shall inform the Relevant Borrower). For the avoidance of doubt, an Assignment and Acceptance shall not be invalidated by any failure of a New Lender to comply with this Section 1.75.8.8(d).

Appears in 2 contracts

Samples: Loan, Security and Guaranty Agreement (Hyster-Yale Materials Handling, Inc.), Loan, Security and Guaranty Agreement (Hyster-Yale Materials Handling, Inc.)

a Treaty Lender. If a New Lender fails to indicate its status in accordance with this Section 1.7(e5.8.9(e), then such New Lender or Lenders Lender (as appropriate) shall be treated for the purposes of this Agreement (including by each Relevant Borrower) as if it is not a Qualifying Lender until such time as it notifies Agent which category of Qualifying Lender applies (and Agent, upon receipt of such notification, shall inform the Relevant Borrower). For the avoidance of doubt, an Assignment and Acceptance shall not be invalidated by any failure of a New Lender to comply with this Section 1.75.8.9(e).

Appears in 2 contracts

Samples: Intercreditor Agreement (MRC Global Inc.), Loan, Security and Guarantee Agreement (MRC Global Inc.)

a Treaty Lender. If a New Lender fails to indicate its status in accordance with this Section 1.7(e1.04(e), then such New Lender or Lenders (as appropriate) shall be treated for the purposes of this Agreement (including by each Relevant Borrower) as if it is not a Qualifying Lender until such time as it notifies Agent which category of Qualifying Lender applies (and Agent, upon receipt of such notification, shall inform the Relevant Borrower). For the avoidance of doubt, an Assignment and Acceptance shall not be invalidated by any failure of a New Lender to comply with this Section 1.71.04.

Appears in 1 contract

Samples: Credit Agreement (YCC Holdings LLC)

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a Treaty Lender. If a New Lender fails to indicate its status in accordance with this Section 1.7(e5.8.4(e), then such New Lender or Lenders Lender (as appropriate) shall be treated for the purposes of this Agreement (including by each Relevant Borrower) as if it is not a Qualifying Lender until such time as it notifies the Agent which category of Qualifying Lender applies (and the Agent, upon receipt of such notification, shall inform the Relevant Borrower). For the avoidance of doubt, an Assignment and Acceptance shall not be invalidated by any failure of a New Lender to comply with this Section 1.75.8.4(e).

Appears in 1 contract

Samples: Loan, Security and Guarantee Agreement (Edgen Group Inc.)

a Treaty Lender. If a New Lender fails to indicate its status in accordance with this Section 1.7(e5.8.8(d), then such New Lender or Lenders Lender (as appropriate) shall be treated for the purposes of this Agreement (including by each Relevant Borrower) as if it is not a Qualifying Lender until such time as it notifies Agent which category of Qualifying Lender applies (and Agent, upon receipt of such notification, shall inform the Relevant Borrower). For the avoidance of doubt, an Assignment and Acceptance shall not be invalidated by any failure of a New Lender to comply with this Section 1.7.5.8.8(d). 103

Appears in 1 contract

Samples: Loan, Security and Guaranty Agreement (Hyster-Yale Materials Handling, Inc.)

a Treaty Lender. 5.2 If a New Lender fails to indicate its status in accordance with this Section 1.7(e), Clause 5 then such New Lender or Lenders (as appropriate) shall be treated for the purposes of this Agreement (including by each Relevant BorrowerObligor) as if it is not a Qualifying Lender until such time as it notifies the Administrative Agent which category of Qualifying Lender applies (and the Administrative Agent, upon receipt of such notification, shall inform the Relevant BorrowerCompany). For the avoidance of doubt, an Assignment and Acceptance a Commitment Transfer Supplement shall not be invalidated by any failure of a New Lender to comply with this Section 1.7Clause 5.

Appears in 1 contract

Samples: Credit Agreement (Foster L B Co)

a Treaty Lender. If a New Lender fails to indicate its status in accordance with this Section 1.7(e5.8.8(d), then such New Lender or Lenders Lender (as appropriate) shall be treated for the purposes of this Agreement (including by each Relevant Borrower) as if it is not a Qualifying Lender until such time as it notifies Agent which category of Qualifying Lender applies (and Agent, upon receipt of such notification, shall inform the Relevant Borrower). For the avoidance of doubt, an Assignment and Acceptance shall not be invalidated by any failure of a New Lender to comply with this Section 1.75.8.8(d).

Appears in 1 contract

Samples: Loan, Security and Guaranty Agreement (Hyster-Yale Materials Handling, Inc.)

a Treaty Lender. If a New Lender fails to indicate its status in accordance with this Section 1.7(e), then such New Lender or Lenders (as appropriate) shall be treated for the purposes of this Agreement (including by each Relevant Borrower) as if it is not a Qualifying Lender until such time as it notifies Agent which category of Qualifying Lender applies (and Agent, upon receipt of such notification, shall inform the Relevant Exhibit 10.1 Borrower). For the avoidance of doubt, an Assignment and Acceptance shall not be invalidated by any failure of a New Lender to comply with this Section 1.7.

Appears in 1 contract

Samples: Credit Agreement (Genesco Inc)

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