ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 or (S)14.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement Obligations. If any Bank sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 or (S)14.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 6 contracts
Samples: Revolving Credit and Term Loan Agreement (Mapics Inc), Revolving Credit and Term Loan Agreement (Mapics Inc), Revolving Credit (Mapics Inc)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank Lender is an Affiliate of the Borrower, then any such assignee Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 Section 13.1 or (S)14.2Section 13.2, and the determination of the Majority Banks Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee BankLender's interest in any of the Loans or Reimbursement Obligations. If any Bank Lender sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank Lender shall promptly notify the Administrative Agent of the sale of such participation. A transferor Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 Section 13.1 or (S)14.2 Section 13.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank Lender in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 4 contracts
Samples: Revolving Credit Agreement (Coach Inc), Revolving Credit Agreement (Coach Inc), Revolving Credit Agreement (Coach Inc)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 ss.13.1 or (S)14.2ss.13.2, and the determination of the Majority Banks shall for For all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement ObligationsLoans. If any Bank sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 ss.13.1 or (S)14.2 ss.13.2 to the extent that such participation is beneficially owned by the Borrower or any Any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Hadco Acquisition Corp Ii), Revolving Credit Agreement (Hadco Acquisition Corp Ii), Revolving Credit Agreement (Hadco Corp)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 ss.14.1 or (S)14.2ss.14.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement Obligations. If any Bank sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 ss.14.1 or (S)14.2 ss.14.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 3 contracts
Samples: Revolving Credit and Term Loan Agreement (Marcam Corp), Credit and Term Loan Agreement (Western Digital Corp), Revolving Credit and Term Loan Agreement (Mapics Inc)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank Lender is an Affiliate of the Borrower, then any such assignee Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent Agents pursuant to (S)14.1 Section 13.1 or (S)14.2Section 13.2, and the determination of the Majority Banks Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee BankLender's interest in any of the Loans or Reimbursement ObligationsLoans. If any Bank Lender sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank Lender shall promptly notify the Agent Agents of the sale of such participation. A transferor Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent Agents pursuant to (S)14.1 Section 13.1 or (S)14.2 Section 13.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank Lender in the Loans or Reimbursement Obligations to the extent of such participationLoans.
Appears in 3 contracts
Samples: Credit Agreement (BTHC VII Inc), Credit Agreement (Whitehall Jewellers Inc), Credit Agreement (Prentice Capital Management, LP)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank Lender is an Affiliate of the Borrower, then any such assignee Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 or (S)14.2§11, and the determination of the Majority Banks Required Lenders shall for all purposes of this Credit Reimbursement and Pledge Agreement and the other Loan Documents be made without regard to such assignee Bank's Lender’s interest in any of the Loans or Reimbursement Obligations. If any Bank Lender sells a participating interest in any of the Loans or Reimbursement Obligations to a participantParticipant, and such participant Participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank Lender shall promptly notify the Administrative Agent of the sale of such participation. A transferor Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 or (S)14.2 §11 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks Required Lenders shall for all purposes of this Credit Reimbursement and Pledge Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank Lender in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 3 contracts
Samples: Reimbursement and Pledge Agreement (Montpelier Re Holdings LTD), Reimbursement and Pledge Agreement (Montpelier Re Holdings LTD), Assignment and Assumption (Montpelier Re Holdings LTD)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 Sections 10.1 or (S)14.210.2 hereof, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement ObligationsRevolving Credit Loans. If any Bank sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 Sections 10.1 or (S)14.2 10.2 hereof to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Revolving Credit Loans or Reimbursement Obligations to the extent of such participation.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Staples Inc), Revolving Credit Agreement (Staples Inc)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank Lender is an Affiliate of the Borrower, then any such assignee Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 §13.1 or (S)14.2§13.2, and the determination of the Majority Banks Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's Lender’s interest in any of the Loans or Reimbursement Obligations. If any Bank Lender sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank Lender shall promptly notify the Administrative Agent of the sale of such participation. A transferor Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 §13.1 or (S)14.2 §13.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank Lender in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Friendly Ice Cream Corp), Revolving Credit Agreement (Barnes Group Inc)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 Section 12.1 or (S)14.2Section 12.2, and the determination of the Majority Required Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement ObligationsLoans. If any Bank sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 Section 12.1 or (S)14.2 Section 12.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Required Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Silverleaf Resorts Inc), Inventory and Receivables Revolving Credit Agreement (Silverleaf Resorts Inc)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 S)11.1 or (S)14.2S)11.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement ObligationsLoans. If any Bank sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 S)11.1 or (S)14.2 S)11.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 2 contracts
Samples: Revolving Credit Agreement (New England Business Service Inc), Credit Agreement (New England Business Service Inc)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 Section 12.1 or (S)14.2Section 12.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement Obligations. If any Bank sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 Section 12.1 or (S)14.2 Section 12.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Stride Rite Corp), Multicurrency Revolving Credit Agreement (Rogers Corp)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 Section 15.1 or (S)14.2Section 15.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement Obligations. If any Bank sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 Section 15.1 or (S)14.2 Section 15.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Michaels Stores Inc), Revolving Credit Agreement (Michaels Stores Inc)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 or (S)14.2Section 11, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's ’s interest in any of the Loans or Reimbursement ObligationsLoans. If any Bank sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Administrative Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 or (S)14.2 Section 11 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Alliancebernstein Holding L.P.), Revolving Credit Agreement (Alliance Capital Management L P)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank Lender is an Affiliate of the Borrower, then any such assignee Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 Section 13.1 or (S)14.2Section 13.2, and the determination of the Majority Banks Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's Lender’s interest in any of the Loans or Reimbursement Obligations. If any Bank Lender sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank Lender shall promptly notify the Administrative Agent of the sale of such participation. A transferor Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 Section 13.1 or (S)14.2 Section 13.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank Lender in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Coach Inc), Revolving Credit Agreement (Coach Inc)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank Lender is an Affiliate of the Borrower, then any such assignee Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 §§11.1 or (S)14.211.2 hereof, and the determination of the Majority Banks Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's Lender’s interest in any of the Loans or Reimbursement ObligationsLoans. If any Bank Lender sells a participating interest in any of the Loans or Reimbursement Obligations to a participantParticipant, and such participant Participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank Lender shall promptly notify the Administrative Agent of the sale of such participation. A transferor Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 §§11.1 or (S)14.2 11.2 hereof to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank Lender in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Staples Inc), Revolving Credit Agreement (Staples Inc)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank Lender is an Affiliate of the Borrower, then any such assignee Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 §§12.1 or (S)14.212.2 hereof, and the determination of the Majority Banks Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's Lender’s interest in any of the Loans or Reimbursement ObligationsLoans. If any Bank Lender sells a participating interest in any of the Loans or Reimbursement Obligations to a participantParticipant, and such participant Participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank Lender shall promptly notify the Administrative Agent of the sale of such participation. A transferor Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 §§12.1 or (S)14.2 12.2 hereof to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank Lender in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 2 contracts
Samples: Credit Agreement (Staples Inc), Credit Agreement (Staples Inc)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the BorrowerParent or any of its Subsidiaries, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 S)13.1 or (S)14.2S)13.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement ObligationsLoans. If any Bank sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is either of the Borrower Borrowers or an Affiliate of the BorrowerParent or any of its Subsidiaries, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 S)13.1 or (S)14.2 S)13.2 to the extent that such participation is beneficially owned by either of the Borrower Borrowers or any Affiliate of either of the BorrowerBorrowers, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Trico Marine Services Inc), Credit Agreement (Trico Marine Services Inc)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 or (S)14.2Section 10, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement ObligationsLoans. If any Bank sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Administrative Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 or (S)14.2 Section 10 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 2 contracts
Samples: Term Credit Agreement (Pimco Advisors Holdings Lp), Term Credit Agreement (Pimco Advisors Holdings Lp)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 Section 14.1 or (S)14.2Section 14.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement Obligations. If any Bank sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 Section 14.1 or (S)14.2 Section 14.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Revolving Credit Agreement (Aztec Technology Partners Inc /De/)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 §13.1 or (S)14.2§13.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's ’s interest in any of the Revolving Credit Loans or Reimbursement Obligations. If any Bank sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to a participantParticipant, and such participant Participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 §13.1 or (S)14.2 §13.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Revolving Credit Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank Lender is an Affiliate of the Borrower, then any such assignee Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 §12.1 or (S)14.2§12.2, and the determination of the Majority Banks Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's Lender’s interest in any of the Loans or Reimbursement ObligationsLoans. If any Bank Lender sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank Lender shall promptly notify the Administrative Agent of the sale of such participation. A transferor Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 §12.1 or (S)14.2 §12.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank Lender in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Revolving Credit Agreement (Safety Insurance Group Inc)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Guarantor or the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 sec.14.1 or (S)14.2sec.14.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement ObligationsLoans. If any Bank sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Guarantor or the Borrower or an Affiliate of the Guarantor or the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 sec.14.1 or (S)14.2 sec.14.2 to the extent that such participation is beneficially owned by the Guarantor or the Borrower or any Affiliate of the Guarantor or the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Filenes Basement Corp)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank or Acceding Bank is an Affiliate of the Borrower, then any such assignee Bank or Acceding Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 Section 13.1 or (S)14.2Section 13.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's or Acceding Bank's interest in any of the Revolving Credit Loans or Reimbursement Obligations. If any Bank sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 Section 13.1 or (S)14.2 Section 13.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Revolving Credit Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank Lender is an Affiliate of the Borrower, then any such assignee Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 Sections 11.1 or (S)14.211.2 hereof, and the determination of the Majority Banks Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee BankLender's interest in any of the Loans or Reimbursement ObligationsLoans. If any Bank Lender sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank Lender shall promptly notify the Agent of the sale of such participation. A transferor Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 Sections 11.1 or (S)14.2 11.2 hereof to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank Lender in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 Section 17.1 or (S)14.2Section 17.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the 116 -109- Loans or Reimbursement Obligations. If any Bank sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 Section 17.1 or (S)14.2 Section 17.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Mercury Air Group Inc)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the BorrowerBorrower or Holdings, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 Section 12.1 or (S)14.2Section 12.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement ObligationsRevolving Credit Loans. If any Bank sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to a participant, and such participant is either of the Borrower or Holdings or an Affiliate of the BorrowerBorrower or Holdings, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 Section 12.1 or (S)14.2 Section 12.2 to the extent that such participation is beneficially owned by the Borrower Borrower, Holdings or any Affiliate of the BorrowerBorrower or Holdings, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Revolving Credit Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Revolving Credit Agreement (Decisionone Holdings Corp)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee -------- -- ----------- ---------- ---- --- -------- Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 or (S)14.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement Obligations. If any Bank sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 or (S)14.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank Lender is an Affiliate of the Borrower, then any such assignee Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 ss.13.1 or (S)14.2ss.13.2, and the determination of the Majority Banks The Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee BankLender's interest in any of the Revolving Credit Loans or Reimbursement Obligations. If any Bank Lender sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank Lender shall promptly notify the Administrative Agent of the sale of such participation. A transferor Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 ss.13.1 or (S)14.2 ss.13.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank Lender in the Revolving Credit Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 S)12.1 or (S)14.2S)12.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Revolving Credit Loans or Reimbursement Obligations. If any Bank sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 S)12.1 or (S)14.2 S)12.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Revolving Credit Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Revolving Credit Agreement (Varian Semiconductor Equipment Associates Inc)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 or (S)14.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement ObligationsLoans. If any Bank sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 or (S)14.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: And Term Loan Agreement (Petro Stopping Centers L P)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 Section 14.1 or (S)14.2Section 14.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement Obligations. If any Bank sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Administrative Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 Section 14.1 or (S)14.2 Section 14.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Bangor Hydro Electric Co)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 or (S)14.2Section 11, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement ObligationsLoans. If any Bank sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 or (S)14.2 Section 11 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Revolving Credit Agreement (Allbritton Communications Co)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the BorrowerParent or any of its Subsidiaries, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 Section 13.1 or (S)14.2Section 13.2, and the determination of the Majority Banks, Majority Revolver Banks and Requisite Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement ObligationsLoans. If any Bank sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is either of the Borrower Borrowers or an Affiliate of the BorrowerParent or any of its Subsidiaries, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 Section 13.1 or (S)14.2 Section 13.2 to the extent that such participation is beneficially owned by either of the Borrower Borrowers or any Affiliate of either of the BorrowerBorrowers, and the determination of the Majority Banks, Majority Revolver Banks and Requisite Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Trico Marine Services Inc)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 §14.1 or (S)14.2§14.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's ’s interest in any of the Revolving Credit Loans or Reimbursement Obligations. If any Bank sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 §14.1 or (S)14.2 §14.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Revolving Credit Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 Section 13.1 or (S)14.2Section 13.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement Obligations. If any Bank sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 Section 13.1 or (S)14.2 Section 13.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations to the extent of such participation. 19.8.
Appears in 1 contract
Samples: Revolving Credit Agreement (Rollins Truck Leasing Corp)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the BorrowerBorrower or any of its Subsidiaries, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 ss.13.1 or (S)14.2ss.13.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement ObligationsLoans. If any Bank sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 ss.13.1 or (S)14.2 ss.13.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 Section 14.1 or (S)14.2Section 14.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement Obligations. If any Bank sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 Section 14.1 or (S)14.2 Section 14.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan 95 87 Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Western Digital Corp)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank Lender is an Affiliate of the Borrower, then any such assignee Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 or (S)14.2Documents, and the determination of the Majority Banks Requisite Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's Lender’s interest in any of the Loans or Reimbursement ObligationsLoan. If any Bank Lender sells a participating interest in any of the Loans or Reimbursement Obligations Loan to a participant, and such participant is the Borrower or an Affiliate of the BorrowerBorrower (other than Prentice), then such transferor Bank Lender shall promptly notify the Agent Lender of the sale of such participation. A transferor Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 or (S)14.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks Requisite Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank Lender in the Loans or Reimbursement Obligations to the extent of such participationLoan.
Appears in 1 contract
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 ss.13.1 or (S)14.2ss.13.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Revolving Credit Loans or Reimbursement Obligations. If any Bank sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 ss.13.1 or (S)14.2 ss.13.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Revolving Credit Loans or Reimbursement Obligations to the extent of such participation.. 83 -77-
Appears in 1 contract
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank Lender is an Affiliate of the BorrowerBorrower (other than Prentice), then any such assignee Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 or (S)14.2Documents, and the determination of the Majority Banks Requisite Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's Lender’s interest in any of the Loans or Reimbursement ObligationsLoans. If any Bank Lender sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the BorrowerBorrower (other than Prentice), then such transferor Bank Lender shall promptly notify the Agent of the sale of such participation. A transferor Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 or (S)14.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the BorrowerBorrower (other than Prentice), and the determination of the Majority Banks Requisite Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank Lender in the Loans or Reimbursement Obligations to the extent of such participationLoans.
Appears in 1 contract
Samples: Bridge Loan Credit Agreement (First Look Studios Inc)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 Section 13.1 or (S)14.2Section 13.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement ObligationsRevolving Credit Loans. If any Bank sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 Section 13.1 or (S)14.2 Section 13.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Revolving Credit Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Revolving Credit Agreement (Republic Engineered Steels Inc)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 §14.1 or (S)14.2§14.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Revolving Credit Loans or Reimbursement Obligations. If any Bank sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 §14.1 or (S)14.2 §14.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Revolving Credit Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank Lender is an Affiliate of the Borrower, then any such assignee Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent Agents pursuant to (S)14.1 Section 13.1 or (S)14.2Section 13.2, and the determination of the Majority Banks Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's Lender’s interest in any of the Loans or Reimbursement ObligationsLoans. If any Bank Lender sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank Lender shall promptly notify the Agent Agents of the sale of such participation. A transferor Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent Agents pursuant to (S)14.1 Section 13.1 or (S)14.2 Section 13.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank Lender in the Loans or Reimbursement Obligations to the extent of such participationLoans.
Appears in 1 contract
Samples: Term Loan Credit Agreement (Whitehall Jewellers Inc)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 S)13.1 or (S)14.2S)13.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement ObligationsRevolving Credit Loans. If any Bank sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 S)13.1 or (S)14.2 S)13.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations to the extent of such participation.determination
Appears in 1 contract
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank Lender is an Affiliate of the Borrower, of any of the Borrower's Subsidiaries or the Holding Company, then any such assignee Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 SECTION 14.1 or (S)14.214.2, and the determination of the Majority Banks Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee BankLender's interest in any of the Loans or Reimbursement ObligationsLoans. If any Bank Lender sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, of any of the Borrower's Subsidiaries or the Holding Company, then such transferor Bank Lender shall promptly notify the Agent of the sale of such participation. A transferor Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 SECTION 14.1 or (S)14.2 14.2 to the extent that such participation is beneficially owned by the Borrower Borrower, any of its Subsidiaries, the Holding Company or any Affiliate of any of the Borrowerforegoing, and the determination of the Majority Banks Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank Lender in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Credit and Term Loan Agreement (CRC Evans International Inc)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 or (S)14.2Section 10, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement Obligations. If any Bank sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Administrative Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 or (S)14.2 Section 10 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Revolving Credit Agreement (Telephone & Data Systems Inc /De/)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank Lender is an Affiliate of the Borrower, then any such assignee Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 or (S)14.2§11, and the determination of the Majority Banks Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's Lender’s interest in any of the Loans or Reimbursement ObligationsLetter of Credit Participations. If any Bank Lender sells a participating interest in any of the Loans or Reimbursement Obligations Letter of Credit Participations to a participantParticipant, and such participant Participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank Lender shall promptly notify the Administrative Agent of the sale of such participation. A transferor Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 or (S)14.2 §11 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank Lender in the Loans or Reimbursement Obligations Letter of Credit Participations to the extent of such participation. §17.8.
Appears in 1 contract
Samples: Revolving Credit Agreement (United States Cellular Corp)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making 65 -59- requests to the Agent pursuant to (S)14.1 Section 13.1 or (S)14.2Section 13.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement Obligations. If any Bank sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 Section 13.1 or (S)14.2 Section 13.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Revolving Credit Agreement (Cabot Microelectronics Corp)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 Section 14.1 or (S)14.2Section 14.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement Obligations. If any Bank sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 Section 14.1 or (S)14.2 Section 14.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit 105 -97- Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 S)12.1 or (S)14.2S)12.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement ObligationsRevolving Credit Loans. If any Bank sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 S)12.1 or (S)14.2 S)12.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans Revolving Credit Loans. The provisions of this (S)18.7 shall not apply to an assignee Bank or Reimbursement Obligations participant which is also a Bank on the Closing Date or to an assignee Bank or participant which has disclosed to the other Banks that it is an Affiliate of the Borrower and which, following such disclosure, has been excepted from the provisions of this (S)18.7 in a writing signed by the Majority Banks determined without regard to the interest of such assignee Bank or transferor Bank, to the extent of such participation, in Revolving Credit Loans.
Appears in 1 contract
Samples: Revolving Credit Agreement (Answer Think Consulting Group Inc)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any assignee ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 ss.13.1 or (S)14.2ss.13.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement Obligations. If any Bank sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 ss.13.1 or (S)14.2 ss.13.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the BorrowerParent or any of its Subsidiaries, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 SECTION 13.1 or (S)14.2SECTION 13.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement ObligationsLoans. If any Bank sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is either of the Borrower Borrowers or an Affiliate of the BorrowerParent or any of its Subsidiaries, then such transferor Bank shall promptly notify the Administrative Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 SECTION 13.1 or (S)14.2 SECTION 13.2 to the extent that such participation is beneficially owned by either of the Borrower Borrowers or any Affiliate of either of the BorrowerBorrowers, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Revolving Credit Agreement (Trico Marine Services Inc)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the BorrowerCompany, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Other Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to this Agreement or any of the Loan Other Documents or for purposes of making requests to the Agent Agents pursuant to (S)14.1 or (S)14.2Section 11 hereof, and the determination of the Majority Banks shall shall, for all purposes of this Credit Agreement and the other Loan Documents Other Documents, be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement Obligationsthe Letter of Credit Participations, including, without limitation, determinations requiring the consent of all Banks. If any Bank sells a participating interest in any of the Loans or Reimbursement Obligations the Letter of Credit Participations to a participant, and such participant is the Borrower Company or an Affiliate of the BorrowerCompany, then such transferor Bank shall promptly notify the Agent Agents of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder under this Agreement or under any of the other Loan Other Documents for purposes of (i) granting consents or waivers or for purposes of waivers, (ii) agreeing to amendments or modifications to this Agreement or any of the Loan Other Documents or for purposes of or, (iii) making requests to the Agent Agents pursuant to (S)14.1 or (S)14.2 Section 11 hereof to the extent that such participation is beneficially owned by the Borrower Company or any Affiliate of the BorrowerCompany, and the determination of the Majority Banks Bank shall for all purposes of this Credit Agreement and the other Loan Other Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations the Letter of Credit Participations to the extent of such participation.
Appears in 1 contract
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any assignee ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 or (S)14.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement Obligations. If any Bank sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 or (S)14.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Mapics Inc)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 Section 13.1 or (S)14.2Section 13.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement ObligationsRevolving Credit Loans. If any Bank sells a participating interest in any of the Loans Revolving Credit Loans, Bankers' Acceptances or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 Section 13.1 or (S)14.2 Section 13.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Revolving Credit Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Revolving Credit Agreement (Flextronics International LTD)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 S)15.1 or (S)14.2S)15.2, and the determination of the Majority Required Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement Obligations. If any Bank sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 S)15.1 or (S)14.2 S)15.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Required Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank Lender is an Affiliate of the Borrower, then any such assignee Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 S)13.1 or (S)14.2S)13.2, and the determination of the Majority Banks Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee BankLender's interest in any of the Revolving Credit Loans or Reimbursement Obligations. If any Bank Lender sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to a participantParticipant, and such participant Participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank Lender shall promptly notify the Administrative Agent of the sale of such participation. A transferor Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 S)13.1 or (S)14.2 S)13.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank Lender in the Revolving Credit Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the BorrowerBorrower (except the Term Loan Lender or the Surety on account of its holding of the Warrants, any warrant stock, or the Special Shares issued with respect thereto or otherwise), then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 or (S)14.2Section 11 hereof, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement ObligationsLoans. If any Bank sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 or (S)14.2 Section 11 hereof to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Loan Agreement (Lamonts Apparel Inc)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 §12.1 or (S)14.2§12.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement Obligations. If any Bank sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 §12.1 or (S)14.2 §12.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Multicurrency Revolving Credit Agreement (Rogers Corp)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank Lender is an Affiliate of the Borrower, then any such assignee Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Facility Agent pursuant to (S)14.1 ss.14.1 or (S)14.2ss.14.2, and the determination of the Majority Banks Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee BankLender's interest in any of the Loans or Reimbursement ObligationsLoans. If any Bank Lender sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank Lender shall promptly notify the Facility Agent of the sale of such participation. A transferor Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Facility Agent pursuant to (S)14.1 ss.14.1 or (S)14.2 ss.14.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank Lender in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Revolving Credit Agreement (Sassco Fashions LTD /De/)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 secs.11.1 or (S)14.211.2 hereof, and the determination of the Majority Banks shall for all purposes of this Credit Agreement agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement ObligationsLoans. If any Bank sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 secs.11.1 or (S)14.2 11.2 hereof to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank Lender is an Affiliate of the Borrower, then any such assignee Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 s)13.1 or (S)14.2s)13.2, and the determination of the Majority Banks Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee BankLender's interest in any of the Loans or Reimbursement ObligationsRevolving Credit Loans. If any Bank Lender sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank Lender shall promptly notify the Administrative Agent of the sale of such participation. A transferor Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 s)13.1 or (S)14.2 s)13.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank Lender in the Revolving Credit Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Revolving Credit Agreement (Blue Steel Capital Corp)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- -------- -- ----------- ---------- ---- --- -------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 or (S)14.2section 10, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement Obligations. If any Bank sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Administrative Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 or (S)14.2 section 10 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Revolving Credit Agreement (Telephone & Data Systems Inc /De/)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If ------------------------------------------------------ any ---------------------------------------------------- assignee Bank Lender is an Affiliate of the Borrower, then any such assignee Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 or (S)14.2Section 11, and the determination of the Majority Banks Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee BankLender's interest in any of the Loans or Reimbursement Obligations. If any Bank Lender sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank Lender shall promptly notify the Administrative Agent of the sale of such participation. A transferor Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 or (S)14.2 Section 11 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank Lender in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Revolving Credit Agreement (United States Cellular Corp)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of HBOC or the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 Section 13.1 or (S)14.2Section 13.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement ObligationsRevolving Credit Loans. If any Bank sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to a participant, and such participant is HBOC, the Borrower or an Affiliate of HBOC or the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 Section 13.1 or (S)14.2 Section 13.2 to the extent that such participation is beneficially owned by HBOC or the Borrower or any Affiliate of HBOC or the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Revolving Credit Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 S)13.1 or (S)14.2S)13.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement ObligationsRevolving Credit Loans. If any Bank sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 S)13.1 or (S)14.2 S)13.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Revolving Credit Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Credit Agreement (Ameriking Inc)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 S)11.1 or (S)14.2S)11.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Revolving Credit Loans or Reimbursement ObligationsCompetitive Bid Advances. If any Bank sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations Competitive Bid Advances to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 S)11.1 or (S)14.2 S)11.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Revolving Credit Loans or Reimbursement Obligations and the Competitive Bid Advances to the extent of such participation.
Appears in 1 contract
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent Agents pursuant to (S)14.1 Section 13.1 or (S)14.2Section 13.2, and the determination of the Majority Required Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement ObligationsLoans. If any Bank sells a participating interest in any of the Loans Loans, Consigned Precious Metal or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent Agents of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent Agents pursuant to (S)14.1 Section 13.1 or (S)14.2 Section 13.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Required Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans Loans, Consigned Precious Metal or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Credit and Gold Consignment Agreement (Whitehall Jewellers Inc)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Managing Agent pursuant to (S)14.1 Section 16.1 or (S)14.216.2 hereof, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement ObligationsLoans. If any Bank sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Managing Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Managing Agent pursuant to (S)14.1 Section 16.1 or (S)14.2 16.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank Lender is an Affiliate of the Borrower, then any such assignee Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 Section 13.1 or (S)14.2Section 13.2, and the determination of the Majority Banks Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee BankLender's interest in any of the Loans or Reimbursement ObligationsRevolving Credit Loans. If any Bank Lender sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank Lender shall promptly notify the Administrative Agent of the sale of such participation. A transferor Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 Section 13.1 107 -100- or (S)14.2 Section 13.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank Lender in the Revolving Credit Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Canadian Security Agreement (Republic Technologies International Holdings LLC)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 ss.13.1 or (S)14.2ss.13.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Revolving Credit Loans or Reimbursement Obligations. If any Bank sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 ss.13.1 or (S)14.2 ss.13.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Revolving Credit Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 [Section]13.1 or (S)14.2[Section]13.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement ObligationsLoans. If any Bank sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 [Section]13.1 or (S)14.2 [Section]13.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Revolving Credit Agreement (Hadco Acquisition Corp)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 Section 12.1 or (S)14.2Section 12.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement ObligationsRevolving Credit Loans. If any Bank sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 Section 12.1 or (S)14.2 Section 12.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Revolving Credit Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Revolving Credit Agreement (Bridgestreet Accommodations Inc)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the BorrowerBorrower or the Parent, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 12.1 or (S)14.212.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement ObligationsLoans. If any Bank sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or the Parent or an Affiliate of the BorrowerBorrower or the Parent, then such transferor Bank shall promptly notify the Administrative Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 12.1 or (S)14.2 12.2 to the extent that such participation is beneficially owned by the Borrower or the Parent or any Affiliate of the BorrowerBorrower or the Parent, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations to the extent of such participation. 19.8.
Appears in 1 contract
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 Section 12.1 or (S)14.2Section 12.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement ObligationsLoans. If any Bank sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 Section 12.1 or (S)14.2 Section 12.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Revolving Credit Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Revolving Credit Agreement (Flextronics International LTD)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of either the Guarantors or the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 S)10.1 or (S)14.2S)10.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement ObligationsLoans. If any Bank sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is either a Guarantor or the Borrower or an Affiliate of either the Guarantors or the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 S)13.1 or (S)14.2 S)13.2 to the extent that such participation is beneficially owned by either the Guarantors or the Borrower or any Affiliate of either the Guarantors or the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (CMG Information Services Inc)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any assignee ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 S)16.1 or (S)14.2S)16.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement ObligationsLoans. If any Bank sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 S)16.1 or (S)14.2 S)16.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Credit and Term Loan Agreement (Petro Stopping Centers L P)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank Lender is an Affiliate of the Borrower, then any such assignee Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Managing Agent pursuant to (S)14.1 S)18.1 or (S)14.2S)18.2, and the determination of the Majority Banks Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee BankLender's interest in any of the Loans or Reimbursement ObligationsLoans. If any Bank Lender sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the a Borrower or an Affiliate of the a Borrower, then such transferor Bank Lender shall promptly notify the Managing Agent of the sale of such participation. A transferor Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Managing Agent pursuant to (S)14.1 S)18.1 or (S)14.2 S)18.2 to the extent that such participation is beneficially owned by the a Borrower or any Affiliate of the a Borrower, and the determination of the Majority Banks Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank Lender in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Multicurrency Credit Agreement (United States Filter Corp)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If ---------------------------------------------------- any ---------------------------------------------------- assignee Bank or Acceding Bank is an Affiliate of the Borrower, then any such assignee Bank or Acceding Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 ss.13.1 or (S)14.2ss.13.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's or Acceding Bank's interest in any of the Loans or Reimbursement Obligations. If any Bank sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 ss.13.1 or (S)14.2 ss.13.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Revolving Credit Agreement (Fairfield Communities Inc)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 ss.14.1 or (S)14.2ss.14.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement Obligations. If any Bank sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 ss.14.1 or (S)14.2 ss.14.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Credit Agreement (HPSC Inc)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 Section 15.1 or (S)14.215.2 hereof, and the determination of the Majority Banks or the Super Majority Banks (as the case may be) shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement ObligationsLoans. If any Bank sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Administrative Agent of the sale of such participation. A Such transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 Section 15.1 or (S)14.2 15.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks or the Super Majority Banks (as the case may be) shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank Lender is an Affiliate of the Borrower, then any such assignee Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 §12.1 or (S)14.2§12.2, and the determination of the Majority Banks Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's Xxxxxx’s interest in any of the Loans or Reimbursement ObligationsLoans. If any Bank Xxxxxx sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank Lender shall promptly notify the Administrative Agent of the sale of such participation. A transferor Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 §12.1 or (S)14.2 §12.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank Lender in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 ss.13.1 or (S)14.2ss.13.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Revolving Credit Loans or Reimbursement Obligations. If any Bank sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 ss.13.1 or (S)14.2 ss.13.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Revolving Credit Loans or Reimbursement Obligations to the extent of such participation. The provisions of this ss.19.7 shall not apply to an assignee Bank or participant which is also a Bank on the Closing Date or to an assignee Bank or participant which has disclosed to the other Banks that it is an Affiliate of the Borrower and which, following such disclosure, has been excepted from the provisions of this ss.19.7 in a writing signed by the Majority Banks determined without regard to the interest of such assignee Bank or transferor Bank, to the extent of such participation, in Revolving Credit Loans or Reimbursement Obligations.
Appears in 1 contract
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 Section 13.1 or (S)14.2Section 13.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Revolving Credit Loans or Reimbursement Obligations. If any Bank sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 Section 13.1 or (S)14.2 Section 13.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Revolving Credit Loans or Reimbursement Obligations to the extent of such participation.. 80 -74-
Appears in 1 contract
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the a Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 ss.14.1 or (S)14.2ss.14.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement Obligations. If any Bank sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the a Borrower or an Affiliate of the a Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 ss.14.1 or (S)14.2 ss.14.2 to the extent that such participation is beneficially owned by the a Borrower or any Affiliate of the a Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Morgan Group Inc)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of any of the BorrowerBorrowers, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 Section 13.1 or (S)14.2Section 13.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement Obligations. If any Bank sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is one of the Borrower Borrowers or an Affiliate of one of the BorrowerBorrowers, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 Section 13.1 or (S)14.2 Section 13.2 to the extent that such participation is beneficially owned by one of the Borrower Borrowers or any Affiliate of one of the BorrowerBorrowers, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 or (S)14.2Section 10.1, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement ObligationsTerm Loan. If any Bank sells a participating interest in any of the Loans or Reimbursement Obligations Term Loan to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 or (S)14.2 Section 10.1 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations Term Loan to the extent of such participation.
Appears in 1 contract
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank Lender is an Affiliate of the Borrower, then any such assignee Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 Section 13.1 or (S)14.2Section 13.2, and the determination of the Majority Banks Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee BankLender's interest in any of the Loans or Reimbursement Obligations. If any Bank Lender sells a participating interest in any of the Loans or Reimbursement Obligations to a participantParticipant, and such participant Participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank Lender shall promptly notify the Administrative Agent of the sale of such participation. A transferor Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 Section 13.1 or (S)14.2 Section 13.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank Lender in the Loans or Reimbursement Obligations to the extent of such participation. The provisions of this Section 16.7 shall not apply to an assignee Lender or participant which is also a Lender on the Closing Date or to an assignee Lender or participant which has disclosed to the other Lenders that it is an Affiliate of the Borrower and which, following such disclosure, has been excepted from the provisions of this Section 16.7 in a writing signed by the Required Lenders determined without regard to the interest of such assignee Lender or transferor Lender, to the extent of such participation, in Loans or Reimbursement Obligations.
Appears in 1 contract
Samples: Multicurrency Revolving Credit Agreement (Lexmark International Inc /Ky/)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent Agents pursuant to (S)14.1 Section 16.1 or (S)14.2Section 16.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement ObligationsLoans. If any Bank sells a participating interest in any of the Loans Loans, Consigned Precious Metal or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent Agents of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent Agents pursuant to (S)14.1 Section 16.1 or (S)14.2 Section 16.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank Eligible Assignee is an Affiliate of the BorrowerParent, the Borrower or any of the Subsidiaries, then any such assignee Bank Lender shall have no right to (a) attend meetings of the Lenders or (b) vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 §14.1 or (S)14.2§14.2, and the determination of the Majority Banks Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's Eligible Assignee’s interest in any of the Loans or Reimbursement Obligations. If any Bank Lender sells a participating interest in any of the Loans or Reimbursement Obligations to a participantthe Parent, and such participant is the Borrower or an Affiliate of the Parent or the Borrower, then such transferor Bank Lender shall promptly notify the Administrative Agent of the sale of such participation. A participation and such transferor Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 §14.1 or (S)14.2 §14.2 to the extent that such participation is beneficially owned by the Parent, the Borrower or any Affiliate of the Parent or the Borrower, and the determination of the Majority Banks Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank Lender in the Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Emmis Operating Co)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank Lender is an Affiliate of the Borrower, then any such assignee Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 or (S)14.2Section 8.3, and the determination of the Majority Banks Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee BankLender's interest in any of the Loans or Reimbursement ObligationsLoans. If any Bank Lender sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank Lender shall promptly notify the Agent of the sale of such participation. A transferor Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 or (S)14.2 Section 8.3 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank Lender in the Loans or Reimbursement Obligations to the extent of such participation.
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ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank Lender is an Affiliate of the Borrower, then any such assignee Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 or (S)14.2section 9.1 hereof, and the determination of the Majority Banks Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee BankLender's interest in any of the Loans or Reimbursement ObligationsTerm Loan. If any Bank Lender sells a participating interest in any of the Loans or Reimbursement Obligations Term Loan to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank Lender shall promptly notify the Agent of the sale of such participation. A transferor Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 or (S)14.2 section 9.1 hereof to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank Lender in the Loans or Reimbursement Obligations Term Loan to the extent of such participation.
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ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 Section 14.1 or (S)14.214.2 hereof, and the determination of the Majority Banks or the Super Majority Banks (as the case may be) shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement ObligationsLoans. If any Bank sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the 117 -110- Borrower, then such transferor Bank shall promptly notify the Administrative Agent of the sale of such participation. A Such transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 Section 14.1 or (S)14.2 14.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks or the Super Majority Banks (as the case may be) shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations to the extent of such participation.
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ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank Lender is an Affiliate of the Borrower, then any such assignee Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 Section 13.1 or (S)14.2Section 13.2, and the determination of the Majority Banks Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee BankLender's interest in any of the Revolving Credit Loans or Reimbursement Obligations. If any Bank Lender sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to a participantParticipant, and such participant Participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank Lender shall promptly notify the Administrative Agent of the sale of such participation. A transferor Bank Lender shall have no right to vote as a Bank Lender hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Administrative Agent pursuant to (S)14.1 Section 13.1 or (S)14.2 Section 13.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank Lender in the Revolving Credit Loans or Reimbursement Obligations to the extent of such participation.
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ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWER. If any ---------------------------------------------------- assignee Bank is an Affiliate of the Borrower, then any such assignee Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or other modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 Section 12.1 or (S)14.2Section 12.2, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such assignee Bank's interest in any of the Loans or Reimbursement Obligations. If any Bank sells a participating interest in any of the Loans or Reimbursement Obligations to a participant, and such participant is the Borrower or an Affiliate of the Borrower, then such transferor Bank shall promptly notify the Agent of the sale of such participation. A transferor Bank shall have no right to vote as a Bank hereunder or under any of the other Loan Documents for purposes of granting consents or waivers or for purposes of agreeing to amendments or modifications to any of the Loan Documents or for purposes of making requests to the Agent pursuant to (S)14.1 Section 12.1 or (S)14.2 Section 12.2 to the extent that such participation is beneficially owned by the Borrower or any Affiliate of the Borrower, and the determination of the Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Bank in the Loans or Reimbursement Obligations to the extent of such participation.
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