Common use of Additional Commitment Lenders Clause in Contracts

Additional Commitment Lenders. The Borrower shall have the right, but shall not be obligated, on or before the Applicable Maturity Date for any Non-Extending Lender, to replace such Non-Extending Lender with, and add as a “Lender” under this Agreement in place thereof, one or more financial institutions that are Eligible Assignees (each, an “Additional Commitment Lender”) approved by the Administrative Agent, each of which applicable Additional Commitment Lenders shall have entered into an Assignment and Assumption (in accordance with and subject to the restrictions contained in Section 10.04, with the Borrower or replacement Lender obligated to pay any applicable processing or recordation fee) with such Non-Extending Lender, pursuant to which such Additional Commitment Lenders shall, effective on or before the Applicable Maturity Date for such Non-Extending Lender, assume Loans (and, if any such Additional Commitment Lender is already a Lender, its outstanding Loans so assumed shall be in addition to such Xxxxxx’s outstanding Loans hereunder on such date). The Administrative Agent may effect such amendments to this Agreement as are reasonably necessary to provide for any such extensions with the consent of the Borrower but without the consent of any other Lenders.

Appears in 2 contracts

Samples: Term Loan Agreement (Cooper Companies, Inc.), Term Loan Agreement (Cooper Companies, Inc.)

AutoNDA by SimpleDocs

Additional Commitment Lenders. The Borrower shall have the right, but shall not be obligated, right on or before the Applicable Maturity applicable anniversary of the Closing Date for any Non-Extending Lender, to replace such each Non-Extending Lender with, and add as a “Lender” under this Agreement in place thereof, with one or more financial institutions that are Eligible Assignees (each, an “Additional Commitment Lender”) approved by the Administrative Agent, each of which applicable Additional Commitment Lenders shall have entered into (i) that is an Assignment and Assumption (in accordance with and subject to the restrictions contained in Section 10.04, with the Borrower or replacement existing Revolving Lender obligated to pay any applicable processing or recordation fee) with such Non-Extending Lender, pursuant to which such Additional Commitment Lenders shall, effective on or before the Applicable Maturity Date for such Non-Extending Lender, assume Loans (and, if any such Additional Commitment Lender is already a Revolving Lender, its outstanding Loans so assumed the Revolving Commitment it assumes from such Non-Extending Lender shall be in addition to such XxxxxxRevolving Lender’s outstanding Loans Revolving Commitment hereunder on such date, provided that each Revolving Lender shall have no obligation to increase its Commitment or become an Additional Commitment Lender) or (ii) that is not an existing Revolving Lender; provided that any such institution (A) must conform with the requirements contained in Section 9.6(c). The , (B) must be acceptable to the Administrative Agent may effect such amendments (which approval shall not be unreasonably withheld or delayed) and (C) must become a Revolving Lender under this Credit Agreement by execution and delivery of an appropriate joinder agreement or of counterparts to this Credit Agreement as are reasonably necessary in a manner acceptable to provide for any such extensions with the consent of the Borrower but without and the consent of any other LendersAdministrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Red Robin Gourmet Burgers Inc), Credit Agreement (Red Robin Gourmet Burgers Inc)

Additional Commitment Lenders. The Borrower shall have the right, but shall not be obligated, on or before the Applicable Maturity applicable Commitment Termination Date for any Non-Extending Lender, Lender to replace such Non-Extending Lender with, and add as a LenderLenders” under this Agreement in place thereof, one or more financial institutions that are each qualify as an Eligible Assignees Assignee (each, an “Additional Commitment Lender”) approved by the Administrative AgentAgent in accordance with the procedures provided in Section 3.08(b), each of which applicable Additional Commitment Lenders shall have entered into an Assignment and Assumption Acceptance (in accordance with and subject to the restrictions contained in Section 10.04, with the Borrower or replacement Lender obligated to pay any applicable processing or recordation fee) with such Non-Extending Lender, pursuant to which such Additional Commitment Lenders shall, effective on or before the Applicable Maturity applicable Commitment Termination Date for such Non-Extending Lender, assume Loans a Commitment (and, if any such Additional Commitment Lender is already a Lender, its outstanding Loans so assumed Commitment shall be in addition to such XxxxxxLender’s outstanding Loans Commitment hereunder on such date). The Administrative Agent may effect such amendments to this Agreement as are reasonably necessary to provide for any such extensions with the consent of the Borrower but without the consent of any other Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Hawaiian Electric Co Inc), Credit Agreement (Hawaiian Electric Co Inc)

Additional Commitment Lenders. The Borrower Harley shall have the right, but shall not be obligated, on or before the Applicable Maturity applicable Termination Date for any Non-Extending Lender, Lender to replace such Non-Extending Lender with, and add as a LenderLenders” under this Agreement in place thereof, one or more financial institutions that are Eligible Assignees (which, for the avoidance of doubt, may be existing Lenders) (each, an “Additional Commitment Lender”) approved by the Global Administrative AgentAgent in accordance with the procedures provided in Section 3.8, each of which applicable Additional Commitment Lenders shall have entered into an Assignment and Assumption (in accordance with and subject to the restrictions contained in Section 10.0413.3, with Harley or the Borrower or replacement Lender obligated to pay any applicable processing or recordation fee) with such Non-Extending Lender, pursuant to which such Additional Commitment Lenders shall, effective on or before the Applicable Maturity applicable Termination Date for such Non-Extending Lender, assume Loans a Commitment (and, if any such Additional Commitment Lender is already a Lender, its outstanding Loans so assumed Commitment shall be in addition to such XxxxxxLender’s outstanding Loans Commitment hereunder on such date). The Global Administrative Agent may effect such amendments to this Agreement as are reasonably necessary to provide for any such extensions with the consent of the Borrower Harley but without the consent of any other Lenders.

Appears in 2 contracts

Samples: 5 Year Credit Agreement (Harley Davidson Inc), Credit Agreement (Harley Davidson Inc)

Additional Commitment Lenders. The Borrower shall have the right, but shall not be obligated, on or before the Applicable applicable Maturity Date for any Non-Extending Lender, Lender to replace such Non-Extending Lender with, and add as a LenderLenders” under this Agreement in place thereof, one or more banks, financial institutions that are Eligible Assignees or other entities (each, an “Additional Commitment Lender”) approved by the Administrative AgentAgent in accordance with the procedures provided in Section 2.24, each of which applicable Additional Commitment Lenders shall have entered into an Assignment and Assumption Agreement (in accordance with and subject to the restrictions contained in Section 10.048.06, with the Borrower or replacement Lender obligated to pay any applicable processing or recordation fee) with such Non-Extending Lender, pursuant to which such Additional Commitment Lenders shall, effective on or before the Applicable applicable Maturity Date for such Non-Extending Lender, assume Loans a Commitment (and, if any such Additional Commitment Lender is already a Lender, its outstanding Loans so assumed Commitment shall be in addition to such XxxxxxLender’s outstanding Loans Commitment hereunder on such date). The Administrative Agent may effect such amendments to this Agreement as are reasonably necessary to provide for any such extensions with the consent of the Borrower but without the consent of any other Lenders.

Appears in 2 contracts

Samples: Revolving Loan and Letter of Credit Facility Agreement (Fluor Corp), Revolving Loan and Letter of Credit Facility Agreement (Fluor Corp)

Additional Commitment Lenders. The Borrower Company shall have the right, but shall not be obligated, on or before the Applicable applicable Maturity Date for any Non-Extending Lender, Lender to replace such Non-Extending Lender with, and add as a LenderLenders” under this Agreement in place thereof, one or more banks, financial institutions that are Eligible Assignees or other entities (each, an “Additional Commitment Lender”) approved by the Administrative AgentAgent in accordance with the procedures provided in Section 2.24, each of which applicable Additional Commitment Lenders shall have entered into an Assignment and Assumption Agreement (in accordance with and subject to the restrictions contained in Section 10.048.06, with the Borrower Company or replacement Lender obligated to pay any applicable processing or recordation fee) with such Non-Extending Lender, pursuant to which such Additional Commitment Lenders shall, effective on or before the Applicable applicable Maturity Date for such Non-Extending Lender, assume Loans a Commitment (and, if any such Additional Commitment Lender is already a Lender, its outstanding Loans so assumed Commitment shall be in addition to such XxxxxxLender’s outstanding Loans Commitment hereunder on such date). The Administrative Agent may effect such amendments to this Agreement as are reasonably necessary to provide for any such extensions with the consent of the Borrower Company but without the consent of any other Lenders.

Appears in 2 contracts

Samples: Revolving Loan and Letter of Credit Facility Agreement (Fluor Corp), Revolving Loan and Letter of Credit Facility Agreement (Fluor Corp)

Additional Commitment Lenders. The Borrower shall have the right, but shall not be obligated, on or before the Applicable Maturity Date for any Non-Extending Lender, to replace such Non-Extending Lender with, and add as a “Lender” under this Agreement in place thereof, one or more financial institutions that are Eligible Assignees (each, an “Additional Commitment Lender”) approved by the Administrative Agent, each of which applicable Additional Commitment Lenders shall have entered into an Assignment and Assumption (in accordance with and subject to the restrictions contained in Section 10.04, with the Borrower or replacement Lender obligated to pay any applicable processing or recordation fee) with such Non-Extending Lender, pursuant to which such Additional Commitment Lenders shall, effective on or before the Applicable Maturity Date for such Non-Extending Lender, assume Loans (and, if any such Additional Commitment Lender is already a Lender, its outstanding Loans so assumed shall be in addition to such XxxxxxLender’s outstanding Loans hereunder on such date). The Administrative Agent may effect such amendments to this Agreement as are reasonably necessary to provide for any such extensions with the consent of the Borrower but without the consent of any other Lenders.

Appears in 1 contract

Samples: Term Loan Agreement (Cooper Companies, Inc.)

Additional Commitment Lenders. The Borrower shall have the right, but shall not be obligated, right on or before the Applicable Maturity applicable anniversary of the Closing Date for any Non-Extending Lender, to replace such Non-Extending each Non‑Extending Lender with, and add as a “Lender” under this Agreement in place thereof, with one or more financial institutions that are Eligible Assignees (each, an “Additional Commitment Lender”) approved by the Administrative Agent, each of which applicable Additional Commitment Lenders shall have entered into (i) that is an Assignment and Assumption (in accordance with and subject to the restrictions contained in Section 10.04, with the Borrower or replacement existing Revolving Lender obligated to pay any applicable processing or recordation fee) with such Non-Extending Lender, pursuant to which such Additional Commitment Lenders shall, effective on or before the Applicable Maturity Date for such Non-Extending Lender, assume Loans (and, if any such Additional Commitment Lender is already a Revolving Lender, its outstanding Loans so assumed the Commitment it assumes from such Non-Extending Lender shall be in addition to such XxxxxxRevolving Lender’s outstanding Loans Commitment hereunder on such date, provided that each Revolving Lender shall have no obligation to increase its Commitment or become an Additional Commitment Lender) or (ii) that is not an existing Revolving Lender; provided that any such institution (A) must conform with the requirements contained in Section 9.6(c). The , (B) must be acceptable to the Administrative Agent may effect such amendments (which approval shall not be unreasonably withheld or delayed) and (C) must become a Revolving Lender under this Credit Agreement by execution and delivery of an appropriate joinder agreement or of counterparts to this Credit Agreement as are reasonably necessary in a manner acceptable to provide for any such extensions with the consent of the Borrower but without and the consent of any other LendersAdministrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Red Robin Gourmet Burgers Inc)

Additional Commitment Lenders. The Borrower Harley shall have the right, but shall not be obligated, on or before the Applicable Maturity applicable Termination Date for any Non-Extending Lender, Lender to replace such Non-Extending Lender with, and add as a LenderLenders” under this Agreement in place thereof, one or more financial institutions (which, for the avoidance of doubt, may be existing Lenders) that are Eligible Assignees not Ineligible Institutions (each, an “Additional Commitment Lender”) approved by the Global Administrative AgentAgent and the Global Swing Line Lender in accordance with the procedures provided in Section 3.8, each of which applicable Additional Commitment Lenders shall have entered into an Assignment and Assumption (in accordance with and subject to the restrictions contained in Section 10.0413.3, with Harley or the Borrower or replacement Lender obligated to pay any applicable processing or recordation fee) with such Non-Extending Lender, pursuant to which such Additional Commitment Lenders shall, effective on or before the Applicable Maturity applicable Termination Date for such Non-Extending Lender, assume Loans a Commitment (and, if any such Additional Commitment Lender is already a Lender, its outstanding Loans so assumed Commitment shall be in addition to such XxxxxxLender’s outstanding Loans Commitment hereunder on such date). The Global Administrative Agent may effect such amendments to this Agreement as are reasonably necessary to provide for any such extensions with the consent of the Borrower Harley but without the consent of any other Lenders.

Appears in 1 contract

Samples: Credit Agreement (Harley Davidson Inc)

Additional Commitment Lenders. The Borrower AGCO shall have the right, but shall not be obligated, on or before the Applicable Existing Maturity Date for any in accordance with the procedures provided in Section 10.5(b) as if such Non-Extending LenderLender was an Affected Lender thereunder, to replace such each Non-Extending Lender with, and add as a “Lender” "Lenders" under this Agreement in place thereof, one or more financial institutions that are Eligible Assignees (each, an "Additional Commitment Lender”) approved by the Administrative Agent"), each of which applicable Additional Commitment Lenders shall have entered into an Assignment and Assumption (in accordance with and subject to the restrictions contained in Section 10.049.6, with the Borrower AGCO or replacement such Additional Commitment Lender obligated to pay any applicable processing or recordation fee) with such Non-Non- Extending Lender, pursuant to which such Additional Commitment Lenders shall, effective on or before the Applicable Existing Maturity Date for such Non-Extending Lender, assume a Commitment and/or Loans (and, if any such Additional Commitment Lender is already a Lender, its outstanding Commitment and/or Loans so assumed shall be in addition to such Xxxxxx’s outstanding 's Commitment and Loans hereunder on such date). The Administrative Agent may effect such amendments to this Agreement as are reasonably necessary to provide for any such extensions with the consent of the Borrower but without the consent of any other Lenders.

Appears in 1 contract

Samples: Credit Agreement (Agco Corp /De)

AutoNDA by SimpleDocs

Additional Commitment Lenders. The Borrower shall have the right, but shall not be obligated, right on or before the Applicable Maturity applicable anniversary of the Closing Date for any Non-Extending Lender, to replace such each Non-Extending Lender with, and add as a “Lender” under this Agreement in place thereof, with one or more financial institutions that are Eligible Assignees (each, an “Additional Commitment Lender”) approved by the Administrative Agent, each of which applicable Additional Commitment Lenders shall have entered into (i) that is an Assignment and Assumption (in accordance with and subject to the restrictions contained in Section 10.04, with the Borrower or replacement existing Revolving Lender obligated to pay any applicable processing or recordation fee) with such Non-Extending Lender, pursuant to which such Additional Commitment Lenders shall, effective on or before the Applicable Maturity Date for such Non-Extending Lender, assume Loans (and, if any such Additional Commitment Lender is already a Revolving Lender, its outstanding Loans so assumed the Commitment it assumes from such Non-Extending Lender shall be in addition to such XxxxxxRevolving Lender’s outstanding Loans Commitment hereunder on such date, provided that each Revolving Lender shall have no obligation to increase its Commitment or become an Additional Commitment Lender) or (ii) that is not an existing Revolving Lender; provided that any such institution (A) must conform with the requirements contained in Section 9.6(c). The , (B) must be acceptable to the Administrative Agent may effect such amendments (which approval shall not be unreasonably withheld or delayed) and (C) must become a Revolving Lender under this Credit Agreement by execution and delivery of an appropriate joinder agreement or of counterparts to this Credit Agreement as are reasonably necessary in a manner acceptable to provide for any such extensions with the consent of the Borrower but without and the consent of any other LendersAdministrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Red Robin Gourmet Burgers Inc)

Additional Commitment Lenders. The Borrower Harley shall have the right, but shall not be obligated, on or before the Applicable Maturity applicable Termination Date for any Non-Extending Lender, Lender to replace such Non-Extending Lender with, and add as a LenderLenders” under this Agreement in place thereof, one or more financial institutions (which, for the avoidance of doubt, may be existing Lenders) that are Eligible Assignees not Ineligible Institutions (each, an “Additional Commitment Lender”) approved by the Global Administrative AgentAgent in accordance with the procedures provided in Section 3.8, each of which applicable Additional Commitment Lenders shall have entered into an Assignment assignment and Assumption assumption (in accordance with and subject to the restrictions contained in Section 10.0413.3, with Harley or the Borrower or replacement Lender obligated to pay any applicable processing or recordation fee) with such Non-Extending Lender, pursuant to which such Additional Commitment Lenders shall, effective on or before the Applicable Maturity applicable Termination Date for such Non-Extending Lender, assume Loans a Commitment (and, if any such Additional Commitment Lender is already a Lender, its outstanding Loans so assumed Commitment shall be in addition to such XxxxxxLender’s outstanding Loans Commitment hereunder on such date). The Global Administrative Agent may effect such amendments to this Agreement as are reasonably necessary to provide for any such extensions with the consent of the Borrower Harley but without the consent of any other Lenders.

Appears in 1 contract

Samples: Credit Agreement (Harley Davidson Inc)

Additional Commitment Lenders. The Borrower Obligors shall have the right, but shall not be obligated, on or before the Applicable Maturity Date for any Non-Extending Lender, Lender to replace such Non-Extending Lender with, and add as a "Lender" under this Agreement in place thereof, one or more financial institutions that are Eligible Assignees (each, an "Additional Commitment Lender") approved by the Administrative Agent, the Issuing Banks and the Swingline Lender in accordance with the procedures provided in Section 2.19(b), each of which applicable Additional Commitment Lenders shall have entered into an Assignment and Assumption (in accordance with and subject to the restrictions contained in Section 10.04, with the Borrower applicable Obligor(s) or replacement Lender obligated to pay any applicable processing or recordation fee) with such Non-Extending Lender, pursuant to which such Additional Commitment Lenders shall, effective on or before the Applicable Maturity Date for such Non-Extending Lender, assume Loans a Commitment (and, if any such Additional Commitment Lender is already a Lender, its outstanding Loans Commitment so assumed shall be in addition to such Xxxxxx’s outstanding Loans Lender's Commitment hereunder on such date). The Administrative Agent may effect such amendments to this Agreement as are reasonably necessary to provide for any such extensions with the consent of the Borrower Loan Parties but without the consent of any other Lenders.

Appears in 1 contract

Samples: Revolving Credit Agreement (Millicom International Cellular Sa)

Additional Commitment Lenders. The Borrower Harley shall have the right, but shall not be obligated, on or before the Applicable Maturity applicable Termination Date for any Non-Extending Lender, Lender to replace such Non-Extending Lender with, and add as a LenderLenders” under this Agreement in place thereof, one or more financial institutions (which, for the avoidance of doubt, may be existing Lenders) that are Eligible Assignees not Ineligible Institutions (each, an “Additional Commitment Lender”) approved by the Global Administrative AgentAgent and the Global Swing Line Lender in accordance with the procedures provided in Section 3.8, each of which applicable Additional Commitment Lenders shall have entered into an Assignment and Assumption (in accordance with and subject to the restrictions contained in Section 10.0413.3, with Harley or the Borrower or replacement Lender obligated to pay any applicable processing or recordation fee) with such Non-Extending Lender, pursuant to which such Additional Commitment Lenders shall, effective on or before the Applicable Maturity applicable Termination Date for such Non-Extending Lender, assume Loans a Commitment (and, if any such Additional Commitment Lender is already a Lender, its outstanding Loans so assumed Commitment shall be in addition to such Xxxxxx’s outstanding Loans Commitment hereunder on such date). The Global Administrative Agent may effect such amendments to this Agreement as are reasonably necessary to provide for any such extensions with the consent of the Borrower Harley but without the consent of any other Lenders.

Appears in 1 contract

Samples: 5 Year Credit Agreement

Additional Commitment Lenders. The Borrower AGCO shall have the right, but shall not be obligated, on or before the Applicable Existing Maturity Date for any in accordance with the procedures provided in Section 10.5(b) as if such Non-Extending LenderLender was an Affected Lender thereunder, to replace such each Non-Extending Lender with, and add as a LenderLenders” under this Agreement in place thereof, one or more financial institutions that are Eligible Assignees (each, an “Additional Commitment Lender”) approved by the Administrative Agent), each of which applicable Additional Commitment Lenders shall have entered into an Assignment and Assumption (in accordance with and subject to the restrictions contained in Section 10.049.6, with the Borrower AGCO or replacement such Additional Commitment Lender obligated to pay any applicable processing or recordation fee) with such Non-Extending Lender, pursuant to which such Additional Commitment Lenders shall, effective on or before the Applicable Existing Maturity Date for such Non-Extending Lender, assume a Commitment and/or Loans (and, if any such Additional Commitment Lender is already a Lender, its outstanding Commitment and/or Loans so assumed shall be in addition to such XxxxxxLender’s outstanding Commitment and Loans hereunder on such date). The Administrative Agent may effect such amendments to this Agreement as are reasonably necessary to provide for any such extensions with the consent of the Borrower but without the consent of any other Lenders.

Appears in 1 contract

Samples: Credit Agreement (Agco Corp /De)

Additional Commitment Lenders. The Borrower shall have the right, but shall not be obligated, on or before the Applicable Maturity applicable Commitment Termination Date for any Non-Extending Lender, Lender to replace such Non-Extending Lender with, and add as a LenderLenders” under this Agreement in place thereof, one or more financial institutions that are each qualify as an Eligible Assignees Assignee (each, an “Additional Commitment Lender”) approved by the Administrative AgentAgent in accordance with the procedures provided in Section 3.08(b), each of which applicable Additional Commitment Lenders shall have entered into an Assignment and Assumption Acceptance (in accordance with and subject to the restrictions contained in Section 10.04, with the Borrower or replacement Lender obligated to pay any applicable processing or recordation fee) with such Non-Extending Lender, pursuant to which such Additional Commitment Lenders shall, effective on or before the Applicable Maturity applicable Commitment Termination Date for such Non-Extending Lender, assume Loans a Commitment (and, if any such Additional Commitment Lender is already a Lender, its outstanding Loans so assumed Commitment shall be in addition to such Xxxxxx’s outstanding Loans Commitment hereunder on such date). The Administrative Agent may effect such amendments to this Agreement as are reasonably necessary to provide for any such extensions with the consent of the Borrower but without the consent of any other Lenders.

Appears in 1 contract

Samples: Credit Agreement (Hawaiian Electric Co Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!