Common use of All Lenders Clause in Contracts

All Lenders. Except as specifically otherwise provided in this Section 13.9, any amendment to or consent or waiver under this Agreement or any Loan Document that purports to accomplish any of the following must be by an instrument in writing executed by Borrowers and executed (or approved, as the case may be) by each Lender (other than any Defaulting Lender): (i) extends the Maturity Date or the Termination Date; (ii) extends the due date or decreases the amount of any scheduled payment or amortization of the Obligation or any fees or other amounts payable hereunder beyond the date specified in the Loan Documents; (iii) decreases any rate or amount of interest, fees, principal, or other sums payable to the Credit Parties under this Agreement (except such reductions as are contemplated by this Agreement); (iv) changes the definition of “Adjusted N01,” “Approved Costs,” “Capitalization Rate,” “Change in Control,” “Commitment,”. Eligible Assignee,” “Implied Value,” “Pro Rata,” “Pro Rata Share,” “Qualified Property,” “Required Lenders,” “Total Commitment,” or “Total Indebtedness to Implied Value Ratio;” or (v) increases any one or more Lenders’ Commitment; (vi) waives compliance with, amends, or fully or partially releases (or waives the requirement of) any guaranty, if any, or any collateral, if any, except as expressly provided in Sections 4.2(g) and 4.6; (vii) permits any Borrower to assign any of its Rights hereunder; (viii) amends Section 4:, (ix) changes the percentage of the Commitments or of the unpaid principal amount of the Notes, or the number of Lenders, which shall be required for Lenders or any of them to take any action under this Section or any other provision of this Agreement; or (x) changes this Section 13.9(b) or any other matter specifically requiring the consent of all Lenders wider this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Innkeepers Usa Trust/Fl)

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All Lenders. Except as specifically otherwise provided in this Section SECTION 13.9, any amendment to or consent or waiver under this Agreement or any Loan Document that purports to accomplish any of the following must be by an instrument in writing executed by Borrowers and executed (or approved, as the case may be) by each Lender (other than any Defaulting Lender): (i) extends the Maturity Date or the Termination Date; (ii) extends the due date or decreases the amount of any scheduled payment or amortization of the Obligation or any fees or other amounts payable hereunder beyond the date specified in the Loan Documents; (iii) decreases any rate or amount of interest, fees, principal, or other sums payable to the Credit Parties under this Agreement (except such reductions as are contemplated by this Agreement); (iv) changes the definition of “Adjusted N01"ADJUSTED NOI,” “Approved Costs" "APPROVED COSTS,” “Capitalization Rate" "CAPITALIZATION RATE,” “Change in Control" "CHANGE IN CONTROL,” “Commitment" "COMMITMENT,”. Eligible Assignee" "ELIGIBLE ASSIGNEE,” “Implied Value" "IMPLIED VALUE,” “Pro Rata" "PRO RATA,” “Pro Rata Share" "PRO RATA SHARE,” “Qualified Property" "QUALIFIED PROPERTY,” “Required Lenders" "REQUIRED LENDERS,” “Total Commitment" "TOTAL COMMITMENT," or “Total Indebtedness to Implied Value Ratio"TOTAL INDEBTEDNESS TO IMPLIED VALUE RATIO;" or (v) increases any one or more Lenders' Commitment; (vi) waives compliance with, amends, or fully or partially releases (or waives the requirement of) any guaranty, if any, or any collateral, if any, except as expressly provided in Sections 4.2(g) and 4.6; (vii) permits any Borrower to assign any of its Rights hereunder; (viii) amends Section SECTION 4:, ; (ix) changes change the percentage of the Commitments or of the unpaid principal amount of the Notes, or the number of Lenders, which shall be required for Lenders or any of them to take any action under this Section SECTION or any other provision of this Agreement; or (x) changes this Section 13.9(bSECTION 13.9(B) or any other matter specifically requiring the consent of all Lenders wider under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Innkeepers Usa Trust/Fl)

All Lenders. Except as specifically otherwise provided in this Section 13.9, any amendment to or consent or waiver under this Agreement or any Loan Document that purports to (x) increase the amount or amend the definition of Permitted Redemptions must be by an instrument in writing executed by Borrower and the Majority Lenders, and (y) accomplish any of the following must be by an instrument in writing executed by Borrowers Borrower and executed (or approved, as the case may be) by each Lender (other than any Defaulting Lender): (i) extends the Maturity Date or the scheduled Termination Date; (ii) extends the due date or decreases the amount of any scheduled payment or amortization of the Obligation or any fees or other amounts payable hereunder beyond the date specified in the Loan Documents; (iii) decreases any rate or amount of interest, fees, principal, or other sums payable to the Credit Parties Administrative Agent or Lenders under this Agreement (except such reductions as are contemplated by this Agreement); (iv) changes the definition of “Adjusted N01Property EBITDA,” “Approved Costs,” “Capitalization EBITDA Adjustments,” “EBITDA Value,” “Majority Lenders,” “Occupancy Rate,” “Change in Control,” “Commitment,”. Eligible Assignee,” “Implied Value,” “Pro RataRequired Lenders,” “Pro Rata Share,” “Qualified Property,” “Required Lenders,” “Total Commitment,” or “Total Indebtedness to Implied Value RatioUnencumbered Property;” or (v) increases any one or more Lenders’ CommitmentTerm Loan; (vi) waives compliance with, amends, or fully or partially releases (or waives the requirement of) any guaranty, if any, or any collateral, if any, except as expressly provided in Sections 4.2(g) and 4.6PPT Guaranty; (vii) permits any Borrower to assign any of its Rights rights hereunder; (viii) amends Section 4:, (ix) changes the percentage of the Commitments or of the unpaid principal amount of the Notes, or the number of Lenders, which shall be required for Lenders or any of them to take any action under this Section or any other provision of this Agreement4.1; or (xix) changes this Section 13.9(b) or any other matter specifically requiring the consent of all Lenders wider under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Prentiss Properties Trust/Md)

All Lenders. Except as specifically otherwise provided in this Section 13.9Any amendment or supplement to, or waiver or consent under, any amendment to or consent or waiver under this Agreement or any Loan Credit Document that purports to accomplish any of the following must be by an instrument in a writing executed by Borrowers the Borrower and executed (or approvedapproved in writing, as the case may be) by each Lender (other than any Defaulting Lender): all the Lenders: (i) extends the Maturity Date or the Termination Date; (ii) extends the due date or for, decreases the amount or rate of calculation of or waives the late or non-payment of, any scheduled payment or amortization mandatory prepayment of principal or interest of any of the Obligation Obligations or any fees or other amounts payable hereunder beyond the date specified in the Loan Documents; (iii) decreases any rate or amount of interest, fees, principal, or other sums payable ratably to the Lenders under the Credit Parties under this Agreement (except such Documents, except, in each case, any adjustments or reductions as that are contemplated by this Agreement)any Credit Document; (ivii) changes the definition of “Adjusted N01,Commitment”, “Commitment Percentage”, “Default Percentage“Approved Costs,” “Capitalization Rate,” “Change in Control,” “Commitment,”. Eligible Assignee,” “Implied Value,” “Pro Rata,” “Pro Rata Share,” “Qualified Property,” or “Required Lenders,” “Total Commitment,” or “Total Indebtedness to Implied Value Ratio;” or ”, (viii) increases any one or more Lenders’ Commitment; (vi) waives compliance with, amends, or fully or partially releases or amends any Guaranty (or waives the requirement of) other than a release of any guarantyGuaranty by a Subsidiary that then is not a Significant Subsidiary, if anywhich may be approved by such Required Lenders), or any collateralexcept, if anyin each case, except as expressly provided by any Credit Document or as a result of a merger, consolidation or dissolution expressly permitted in Sections 4.2(g) and 4.6the Credit Documents; (viiv) permits consents to any assignment by the Borrower to assign any of its Rights hereunder; (viii) amends under Section 4:, (ix) changes the percentage of the Commitments or of the unpaid principal amount of the Notes, or the number of Lenders, which shall be required for Lenders or any of them to take any action under this Section or any other provision of this Agreement14.10(a); or (xvi) changes this Section 13.9(bclause (a) or any other matter specifically requiring the consent of all the Lenders wider under any Credit Document; provided further, that any amendment or supplement to, or waiver or consent under, any Credit Document that purports to increase or extend any part of any Lender’s Commitment must be by a writing executed by the Borrower and executed (or approved in writing, as the case may be) by such Lender. Notwithstanding anything contained herein to the contrary, this AgreementAgreement may be amended and restated without the consent of any Lender or the Administrative Agent if, upon giving effect to such amendment and restatement, such Lender or the Administrative Agent, as the case may be, shall no longer be a party to this Agreement (as so amended and restated) or have any Commitment or other obligation hereunder and shall have been paid in full all amounts payable hereunder to such lender or the Administrative Agent, as the case may be.

Appears in 1 contract

Samples: Term Credit Agreement (Teppco Partners Lp)

All Lenders. Except as specifically otherwise provided in this Section 13.9, any Any amendment to or waiver or consent or waiver under this Agreement ----------- agreement or any Loan Document that purports to accomplish any of the following must be by an instrument in writing executed by those Borrowers that are then party to it and by Agents and executed (or approved, as the case may be) by each Lender (other than any Defaulting Lender): : (i) extends the Maturity Date or the Termination Date; (ii) extends Extends the due date or date, decreases the amount of, or waives the late or non-payment of any scheduled payment or amortization of principal or interest of any of the US Obligation or UK Obligation or any fees payable ratably to Lenders under SECTIONS 5.2, 5.3, or other amounts payable hereunder beyond the date specified in the Loan Documents5.4; (iiiii) decreases any rate or amount of interestinterest under this agreement, feesfees payable ratably to Lenders under SECTIONS 5.2, principal5.3, or 5.4, or -- except as described in CLAUSE (B) above -- other sums payable to the Credit Parties Lenders under this Agreement agreement (except such adjustments or reductions as are contemplated by this Agreementagreement); (iviii) changes the definition of “Adjusted N01"UK- FACILITY COMMITMENT,” “Approved Costs" "US-FACILITY COMMITMENT,” “Capitalization Rate" "COMMITMENT PERCENTAGE,” “Change " "REQUIRED LENDERS," "UK-REVOLVING-COMMITMENT PERCENTAGE," or the percentages in Control,” “Commitment,”. Eligible Assignee,” “Implied Value,” “Pro Rata,” “Pro Rata Share,” “Qualified Property,” “Required Lenders,” “Total Commitment,” or “Total Indebtedness to Implied Value Ratiothe definition of "BORROWING BASE;” or " (viv) increases any one Lender's UK-Facility Commitment or more Lenders’ US-Facility Commitment; (viv) waives compliance with, amends, or fully or partially releases (or waives the requirement of) any guaranty, if any, or any collateral, if any, -- except as expressly provided in Sections 4.2(g) and 4.6; (vii) permits any Borrower to assign any of its Rights hereunder; (viii) amends Section 4:, (ix) changes the percentage of the Commitments or of the unpaid principal amount of the Notes, or the number of Lenders, which shall be required for Lenders or any of them to take any action under this Section by SECTION 6.5 or any other provision of this AgreementLoan Documents or for when a Company merges into another Person or dissolves when specifically permitted in the Loan Documents -- any guaranty or collateral; or (xvi) changes this Section 13.9(bCLAUSE (D) or any other matter specifically requiring the consent of all Lenders wider under this Agreementagreement.

Appears in 1 contract

Samples: Credit Agreement (Trikon Technologies Inc)

All Lenders. Except as specifically otherwise provided in this Section SECTION 13.9, any amendment to or consent or waiver under this Agreement or any Loan Document that purports to accomplish any of the following must be by an instrument in writing executed by Borrowers Borrower and executed (or approved, as the case may be) by each Lender (other than any Defaulting Lender): (i) extends the Maturity Date or the scheduled Termination Date; (ii) extends the due date or decreases the amount of any scheduled payment or amortization of the Obligation or any fees or other amounts payable hereunder beyond the date specified in the Loan Documents; (iii) decreases any rate or amount of interest, fees, principal, or other sums payable to the Credit Parties Agents or Lenders under this Agreement (except such reductions as are contemplated by this Agreement); (iv) changes the definition of "Adjusted N01Property EBITDA,” “" "Approved Costs,” “Capitalization " "Commitment," "EBITDA Adjustments," "EBITDA Value," "Majority Lenders," "Occupancy Rate,” “Change in Control" "Required Lenders,” “Commitment,”. Eligible Assignee,” “Implied Value,” “Pro Rata,” “" "Pro Rata Share,” “Qualified Property,” “Required Lenders,” “" "Total Commitment," or “Total Indebtedness to Implied Value Ratio"Unencumbered Property;” or " (v) increases any one or more Lenders' Commitment; (vi) waives compliance with, amends, or fully or partially releases (or waives the requirement of) any guaranty, if any, or any collateral, if any, except as expressly provided in Sections 4.2(g) and 4.6PPT Guaranty; (vii) permits any Borrower to assign any of its Rights rights hereunder; (viii) amends Section 4:, SECTION 4.1; or (ix) changes the percentage of the Commitments or of the unpaid principal amount of the Notes, or the number of Lenders, which shall be required for Lenders or any of them to take any action under this Section or any other provision of this Agreement; or (x) changes this Section 13.9(bSECTION 13.9(B) or any other matter specifically requiring the consent of all Lenders wider under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Prentiss Properties Trust/Md)

All Lenders. Except as specifically otherwise provided in this Section 13.9Any amendment or supplement to, or waiver or consent under, any amendment to or consent or waiver under this Agreement or any Loan Credit Document that purports to accomplish any of the following must be by an instrument in a writing executed by Borrowers the Borrower and executed (or approvedapproved in writing, as the case may be) by each Lender (other than any Defaulting Lender): all the Lenders: (i) extends the Maturity Date or the Termination Date; (ii) extends the due date or for, decreases the amount or rate of calculation of or waives the late or non-payment of, any scheduled payment or amortization mandatory prepayment of principal or interest of any of the Obligation Obligations or any fees or other amounts payable hereunder beyond the date specified in the Loan Documents; (iii) decreases any rate or amount of interest, fees, principal, or other sums payable ratably to the Lenders under the Credit Parties under this Agreement (except such Documents, except, in each case, any adjustments or reductions as that are contemplated by this Agreement)any Credit Document; (ivii) changes the definition of “Adjusted N01,Commitment”, “Commitment Percentage”, “Default Percentage“Approved Costs,” “Capitalization Rate,” “Change in Control,” “Commitment,”. Eligible Assignee,” “Implied Value,” “Pro Rata,” “Pro Rata Share,” “Qualified Property,” or “Required Lenders,” “Total Commitment,” or “Total Indebtedness to Implied Value Ratio;” or ”, (viii) increases any one or more Lenders’ Commitment; (vi) waives compliance with, amends, or fully or partially releases (or waives the requirement of) amends any guarantyGuaranty or cash collateral delivered pursuant to Section 12.1(c), if anyexcept, or any collateralin each case, if any, except as expressly provided by any Credit Document or as a result of a merger, consolidation or dissolution expressly permitted in Sections 4.2(g) and 4.6the Credit Documents; (viiv) permits consents to any assignment by the Borrower to assign any of its Rights hereunder; (viii) amends under Section 4:, (ix) changes the percentage of the Commitments or of the unpaid principal amount of the Notes, or the number of Lenders, which shall be required for Lenders or any of them to take any action under this Section or any other provision of this Agreement14.10(a); or (xvi) changes this Section 13.9(bclause (a) or any other matter specifically requiring the consent of all the Lenders wider under any Credit Document; provided further, that any amendment or supplement to, or waiver or consent under, any Credit Document that purports to increase or extend any part of any Lender’s Commitment must be by a writing executed by the Borrower and executed (or approved in writing, as the case may be) by such Lender. Notwithstanding anything contained herein to the contrary, this AgreementAgreement may be amended and restated without the consent of any Lender or the Administrative Agent if, upon giving effect to such amendment and restatement, such Lender or the Administrative Agent, as the case may be, shall no longer be a party to this Agreement (as so amended and restated) or have any Commitment or other obligation hereunder and shall have been paid in full all amounts payable hereunder to such lender or the Administrative Agent, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Teppco Partners Lp)

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All Lenders. Except as specifically otherwise provided in this Section 13.9Any amendment or supplement to, or waiver or consent under, any amendment to or consent or waiver under this Agreement or any Loan Credit Document that purports to accomplish any of the following must be by an instrument in a writing executed by Borrowers the Borrower and executed (or approvedapproved in writing, as the case may be) by each Lender (other than any Defaulting Lender): all the Lenders: (i) extends the Maturity Date or the Termination Date; (ii) extends the due date or for, decreases the amount or rate of calculation of or waives the late or non- payment of, any scheduled payment or amortization mandatory prepayment of principal or interest of any of the Obligation Obligations or any fees or other amounts payable hereunder beyond the date specified in the Loan Documents; (iii) decreases any rate or amount of interest, fees, principal, or other sums payable ratably to the Lenders under the Credit Parties under this Agreement (except such Documents, except, in each case, any adjustments or reductions as that are contemplated by this Agreement)any Credit Document; (ivii) changes the definition of “Adjusted N01,Commitment”, “Commitment Percentage”, “Default Percentage“Approved Costs,” “Capitalization Rate,” “Change in Control,” “Commitment,”. Eligible Assignee,” “Implied Value,” “Pro Rata,” “Pro Rata Share,” “Qualified Property,” or “Required Lenders,” “Total Commitment,” or “Total Indebtedness to Implied Value Ratio;” or ”, (viii) increases any one or more Lenders’ Commitment; (vi) waives compliance with, amends, or fully or partially releases or amends any Guaranty (other than a release of any Guaranty by a Subsidiary that then is not a Significant Subsidiary, which may be approved by such Required Lenders) or waives the requirement of) any guarantycash collateral delivered pursuant to Section 12.1(c), if anyexcept, or any collateralin each case, if any, except as expressly provided by any Credit Document or as a result of a merger, consolidation or dissolution expressly permitted in Sections 4.2(g) and 4.6the Credit Documents; (viiv) permits consents to any assignment by the Borrower to assign any of its Rights hereunder; (viii) amends under Section 4:, (ix) changes the percentage of the Commitments or of the unpaid principal amount of the Notes, or the number of Lenders, which shall be required for Lenders or any of them to take any action under this Section or any other provision of this Agreement14.10(a); or (xvi) changes this Section 13.9(bclause (a) or any other matter specifically requiring the consent of all the Lenders wider under any Credit Document; provided further, that any amendment or supplement to, or waiver or consent under, any Credit Document that purports to increase or extend any part of any Lender’s Commitment must be by a writing executed by the Borrower and executed (or approved in writing, as the case may be) by such Lender. Notwithstanding anything contained herein to the contrary, this AgreementAgreement may be amended and restated without the consent of any Lender or the Administrative Agent if, upon giving effect to such amendment and restatement, such Lender or the Administrative Agent, as the case may be, shall no longer be a party to this Agreement (as so amended and restated) or have any Commitment or other obligation hereunder and shall have been paid in full all amounts payable hereunder to such lender or the Administrative Agent, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Teppco Partners Lp)

All Lenders. Except as specifically otherwise provided in this Section 13.9, any amendment to or consent or waiver under this Agreement or any Loan Document that purports to accomplish any of the following must be by an instrument in writing executed by Borrowers Borrower and executed (or approved, as the case may be) by each Lender (other than any Defaulting Lender): (i) extends the Maturity Date or the Termination Date; (ii) extends the due date or decreases the amount of any scheduled payment or amortization of the Obligation or any fees or other amounts payable hereunder beyond the date specified in the Loan Documents; (iii) decreases any rate or amount of interest, fees, principal, or other sums payable to the Credit Parties under this Agreement (except such reductions as are contemplated by this Agreement); (iv) changes the definition of "Adjusted N01NOI,” “Approved Costs,” “Capitalization Rate,” “" "Change in Control,” “" "Commitment,”. " "Eligible Assignee,” “Implied " "Total Consolidated Value,” “" "Pro Rata,” “" "Pro Rata Share,” “" "Required Lenders," "Qualified Property,” “Required Lenders,” “" "Total Commitment," or "Total Indebtedness to Implied Total Consolidated Value Ratio;" or (v) increases any one or more Lenders' Commitment; (vi) waives compliance with, amends, or fully or partially releases (or waives the requirement of) any guaranty, if any, or any collateral, if any, except as to the extent expressly provided in Sections 4.2(g) and 4.6required by the Loan Documents; (vii) permits any Borrower to assign any of its Rights hereunder; (viii) amends Section 4:, 4.1; (ix) changes change the percentage of the Commitments or of the unpaid principal amount of the Notes, or the number of Lenders, which shall be required for Lenders or any of them to take any action under this Section or any other provision of this Agreement; or (x) changes this Section 13.9(b) or any other matter specifically requiring the consent of all Lenders wider under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (American Industrial Properties Reit Inc)

All Lenders. Except as specifically otherwise provided in this Section SECTION 13.9, any amendment to or consent or waiver under this Agreement or any Loan Document that purports to accomplish any of the following must be by an instrument in writing executed by Borrowers and executed (or approved, as the case may be) by each Lender (other than any Defaulting Lender): (i) extends the Maturity Date or the Termination Date; (ii) extends the due date or decreases the amount of any scheduled payment or amortization of the Obligation or any fees or other amounts payable hereunder beyond the date specified in the Loan Documents; (iii) decreases any rate or amount of interest, fees, principal, or other sums payable to the Credit Parties under this Agreement (except such reductions as are contemplated by this Agreement); (iv) changes the definition of "Adjusted N01NOI,” “" "Approved Costs,” “" "Capitalization Rate,” “" "Change in Control,” “" "Commitment,”. " "Eligible Assignee,” “" "Implied Value,” “" "Pro Rata,” “" "Pro Rata Share,” “" "Required Lenders," "Qualified Property,” “Required Lenders,” “" "Total Commitment," or "Total Indebtedness to Implied Value Ratio;" or (v) increases any one or more Lenders' Commitment; (vi) waives compliance with, amends, or fully or partially releases (or waives the requirement of) any guaranty, if any, or any collateral, if any, except as expressly provided in Sections 4.2(g) and 4.6; (vii) permits any Borrower to assign any of its Rights hereunder; (viii) amends Section SECTION 4:, ; (ix) changes change the percentage of the Commitments or of the unpaid principal amount of the Notes, or the number of Lenders, which shall be required for Lenders or any of them to take any action under this Section SECTION or any other provision of this Agreement; or (x) changes this Section 13.9(bSECTION 13.9(B) or any other matter specifically requiring the consent of all Lenders wider under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Innkeepers Usa Trust/Fl)

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