ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWERS. If any Eligible Assignee is an Affiliate of any Credit Party, then any such assignee Lender shall have no right to (a) attend meetings of the Lenders or (b) vote as a 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 § 14.1 or § 14.2, and the determination of the Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such Eligible Assignee’s interest in any of the Revolving Credit Loans or Reimbursement Obligations. If any Lender sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to the Borrowers or an Affiliate of any Borrower, then such transferor Lender shall promptly notify the Administrative Agent of the sale of such participation and such transferor Lender shall have no right to vote as a 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 § 14.1 or § 14.2 to the extent that such participation is beneficially owned by the Borrowers or any Affiliate of any Borrower, and the determination of the 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 Lender in the Revolving Credit Loans or Reimbursement Obligations to the extent of such participation.
Appears in 2 contracts
Samples: Credit Agreement (McCormick & Schmicks Seafood Restaurants Inc.), Revolving Credit Agreement (McCormick & Schmicks Seafood Restaurants Inc.)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWERS. If any Eligible Assignee assignee Lender is an Affiliate of any Credit PartyBorrower, then any such assignee Lender shall have no right to (a) attend meetings of the Lenders or (b) vote as a 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 § 14.1 Section 13.1 or § 14.2Section 13.2, and the determination of the Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such Eligible Assignee’s assignee Lender's interest in any of the Revolving Credit Loans or Reimbursement Obligations. If any Lender sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to the Borrowers a Participant, and such Participant is a Borrower or an Affiliate of any a Borrower, then such transferor Lender shall promptly notify the Administrative Agent of the sale of such participation and such participation. A transferor Lender shall have no right to vote as a 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 § 14.1 Section 13.1 or § 14.2 Section 13.2 to the extent that such participation is beneficially owned by the Borrowers a Borrower or any Affiliate of any a Borrower, and the determination of the 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 Lender in the Revolving Credit Loans or Reimbursement Obligations to the extent of such participation. The provisions of this Section 15.7 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 a Borrower and which, following such disclosure, has been excepted from the provisions of this Section 15.7 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 2 contracts
Samples: Multicurrency Revolving Credit Agreement (Borders Group Inc), Multicurrency Revolving Credit Agreement (Borders Group Inc)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWERS. If any Eligible Assignee assignee Lender is an Affiliate of any Credit Partythe Borrowers, then any such assignee Lender shall have no right to (a) attend meetings of the Lenders or (b) vote as a 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 § 14.1 or § 14.2§11, and the determination of the Required Lenders shall for all purposes of this Credit Reimbursement and Pledge Agreement and the other Loan Documents be made without regard to such Eligible Assigneeassignee Lender’s interest in any of the Revolving Credit Loans or Reimbursement Obligations. If any Lender sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to the Borrowers a Participant, and such Participant is a Borrower or an Affiliate of any Borrowerthe Borrowers, then such transferor Lender shall promptly notify the Administrative Agent of the sale of such participation and such participation. A transferor Lender shall have no right to vote as a 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 § 14.1 or § 14.2 §11 to the extent that such participation is beneficially owned by the Borrowers a Borrower or any Affiliate of any a Borrower, and the determination of the 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 Lender in the Revolving Credit Loans or Reimbursement Obligations to the extent of such participation.
Appears in 2 contracts
Samples: Letter of Credit Reimbursement and Pledge Agreement (Montpelier Re Holdings LTD), Letter of Credit Reimbursement and Pledge Agreement (Montpelier Re Holdings LTD)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWERS. If any Eligible Assignee assignee Lender is an Affiliate of any Credit PartyBorrower, then any such assignee Lender shall have no right to (a) attend meetings of the Lenders or (b) vote as a 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 § 14.1 §13.1 or § 14.2§13.2, and the determination of the Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such Eligible Assigneeassignee Lender’s interest in any of the Revolving Credit Loans or Reimbursement Obligations. If any Lender sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to the Borrowers a Participant, and such Participant is any Borrower or an Affiliate of any Borrower, then such transferor Lender shall promptly notify the Administrative Agent of the sale of such participation and such participation. A transferor Lender shall have no right to vote as a 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 § 14.1 §13.1 or § 14.2 §13.2 to the extent that such participation is beneficially owned by the Borrowers any Borrower or any Affiliate of any Borrower, and the determination of the 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 Lender in the Revolving Credit Loans or Reimbursement Obligations to the extent of such participation.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Barnes Group Inc), Senior Unsecured Revolving Credit Agreement (Barnes Group Inc)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWERS. If any Eligible Assignee assignee Lender is an Affiliate of any Credit Partythe Borrowers, then any such assignee Lender shall have no right to (a) attend meetings of the Lenders or (b) vote as a 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 § 14.1 Section 13.1 or § 14.2Section 13.2, and the determination of the Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such Eligible Assignee’s assignee Lender's interest in any of the Revolving Credit Loans or Reimbursement Obligations. If any Lender sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to a participant, and such participant is the Borrowers or an Affiliate of any Borrowerthe Borrowers, then such transferor Lender shall promptly notify the Administrative Agent of the sale of such participation and such participation. A transferor Lender shall have no right to vote as a 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 § 14.1 Section 13.1 or § 14.2 Section 13.2 to the extent that such participation is beneficially owned by the Borrowers or any Affiliate of any Borrowerthe Borrowers, and the determination of the 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 Lender in the Revolving Credit Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Iesi Tx Corp)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWERS. If any Eligible Assignee assignee Bank is an Affiliate of any Credit PartyBorrower, then any such assignee Lender Bank shall have no right to (a) attend meetings of the Lenders or (b) vote as a Lender 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 § Section 14.1 or § Section 14.2, and the determination of the Required Lenders Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such Eligible Assignee’s assignee Bank's interest in any of the Revolving Credit Loans or Reimbursement ObligationsLoans. If any Lender Bank sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations or Bankers' Acceptances to the Borrowers a participant, and such participant is a Borrower or an Affiliate of any Borrower, then such transferor Lender Bank shall promptly notify the Administrative Agent of the sale of such participation and such participation. A transferor Lender Bank shall have no right to vote as a Lender 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 § Section 14.1 or § Section 14.2 to the extent that such participation is beneficially owned by the Borrowers any Borrower or any Affiliate of any Borrower, and the determination of the Required Lenders 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 Lender 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 BORROWERS. If any Eligible Assignee assignee Lender is an Affiliate of any Credit Partythe Borrowers, then any such assignee Lender shall have no right to (a) attend meetings of the Lenders or (b) vote as a 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 § 14.1 Section 15.1 or § 14.2Section 15.2, and the determination of the Required Majority Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such Eligible Assignee’s assignee Lender's interest in any of the Revolving Credit Loans or Reimbursement ObligationsLoans. If any Lender sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations or Bankers' Acceptances to the Borrowers a participant, and such participant is a Borrower or an Affiliate of any Borrowerthe Borrowers, then such transferor Lender shall promptly notify the Administrative Agent of the sale of such participation and such participation. A transferor Lender shall have no right to vote as a 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 § 14.1 Section 15.1 or § 14.2 Section 15.2 to the extent that such participation is beneficially owned by the Borrowers a Borrower or any Affiliate of any Borrowerthe Borrowers, and the determination of the Required Majority Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Lender in the Revolving Credit Loans or Reimbursement Obligations Bankers' Acceptances to the extent of such participation.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Russell-Stanley Holdings Inc)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWERS. If any Eligible Assignee assignee Lender is an Affiliate of any Credit Partya Borrower, then any such assignee Lender shall have no right to (a) attend meetings of the Lenders or (b) vote as a 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 § §14.1 or § §14.2, and the determination of the Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such Eligible Assigneeassignee Lender’s interest in any of the Revolving Credit Loans or Reimbursement Obligations. If any Lender sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to the Borrowers a Participant, and such Participant is a Borrower or an Affiliate of any a Borrower, then such transferor Lender shall promptly notify the Administrative Agent of the sale of such participation and such participation. A transferor Lender shall have no right to vote as a 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 § §14.1 or § §14.2 to the extent that such participation is beneficially owned by the Borrowers a Borrower or any Affiliate of any a Borrower, and the determination of the 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 Lender in the Revolving Credit Loans or Reimbursement Obligations to the extent of such participation. The provisions of this §20.7 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 a Borrower and which, following such disclosure, has been excepted from the provisions of this §20.7 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: Revolving Credit and Term Loan Agreement (Genesee & Wyoming Inc)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWERS. If any Eligible Assignee assignee Lender is an Affiliate of any Credit PartyBorrower, then any such assignee Lender shall have no right to (a) attend meetings of the Lenders or (b) vote as a 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 § §14.1 or § §14.2, and the determination of the Required Majority Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such Eligible Assigneeassignee Lender’s interest in any of the Revolving Credit Loans or Reimbursement Obligations. If any Lender sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to the Borrowers a participant, and such participant is a Borrower or an Affiliate of any Borrower, then such transferor Lender shall promptly notify the Administrative Agent of the sale of such participation and such participation. A transferor Lender shall have no right to vote as a 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 § §14.1 or § §14.2 to the extent that such participation is beneficially owned by the Borrowers a Borrower or any Affiliate of any Borrower, and the determination of the Required Majority Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Lender in the Revolving Credit Loans or Reimbursement Obligations to the extent of such participation. The provisions of this §20.7 shall not apply to an assignee Lender or participant which has disclosed to the other Lenders that it is an Affiliate of any Borrower and which, following such disclosure, has been excepted from the provisions of this §20.7 in a writing signed by the Majority 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
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWERS. If any Eligible Assignee assignee Lender is an Affiliate of any Credit Partyeither of the Borrowers, then any such assignee Lender shall have no right to (a) attend meetings of the Lenders or (b) vote as a 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 § 14.1 Section 13.1 or § 14.2Section 13.2, and the determination of the Required Majority Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such Eligible Assignee’s assignee Lender's interest in any of the Revolving Credit Loans or Reimbursement ObligationsLoans. If any Lender sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to a participant, and such participant is either of the Borrowers or an Affiliate of any Borrowereither of the Borrowers, then such transferor Lender shall promptly notify the Administrative Agent of the sale of such participation and such participation. A transferor Lender shall have no right to vote as a 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 § 14.1 Section 13.1 or § 14.2 Section 13.2 to the extent that such participation is beneficially owned by either of the Borrowers or any Affiliate of any Borrowereither of the Borrowers, and the determination of the Required Majority Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor 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 BORROWERS. If any Eligible Assignee assignee Lender is an Affiliate of any Credit Partya Borrower, then any such assignee Lender shall have no right to (a) attend meetings of the Lenders or (b) vote as a 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 § Section 14.1 or § Section 14.2, and the determination of the Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such Eligible Assignee’s assignee Lender's interest in any of the Revolving Credit Loans or Reimbursement Obligations. If any Lender sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to the Borrowers a Participant, and such Participant is a Borrower or an Affiliate of any a Borrower, then such transferor Lender shall promptly notify the Administrative Agent of the sale of such participation and such participation. A transferor Lender shall have no right to vote as a 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 § Section 14.1 or § Section 14.2 to the extent that such participation is beneficially owned by the Borrowers a Borrower or any Affiliate of any a Borrower, and the determination of the 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 Lender in the Revolving Credit Loans or Reimbursement Obligations to the extent of such participation. The provisions of this Section 20.7 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 a Borrower and which, following such disclosure, has been excepted from the provisions of this Section 20.7 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: Revolving Credit and Term Loan Agreement (Genesee & Wyoming Inc)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWERS. If any Eligible Assignee assignee Lender is an Affiliate of any Credit Partythe Borrowers, then any such assignee Lender shall have no right to (a) attend meetings of the Lenders or (b) vote as a 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 § 14.1 Section 13.1 or § 14.2Section 13.2, and the determination of the Required Lenders, Required Revolving Credit Lenders, SuperMajority Lenders and SuperMajority Revolving Credit Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such Eligible Assigneeassignee Lender’s interest in any of the Revolving Credit Loans or Reimbursement Obligations. If any Lender sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to the Borrowers a participant, and such participant is a Borrower or an Affiliate of any a Borrower, then such transferor Lender shall promptly notify the Administrative Agent of the sale of such participation and such participation. A transferor Lender shall have no right to vote as a 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 § 14.1 Section 13.1 or § 14.2 Section 13.2 to the extent that such participation is beneficially owned by the Borrowers or any Affiliate of any Borrowerthe Borrowers, and the determination of the Required Lenders, Required Revolving Credit Lenders, SuperMajority Lenders and SuperMajority Revolving Credit Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor 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 BORROWERS. If any Eligible Assignee assignee Lender is an Affiliate of any Credit Partythe Borrowers, then any such assignee Lender shall have no right to (a) attend meetings of the Lenders or (b) vote as a 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 § 14.1 ss.13.1 or § 14.2ss.13.2, and the determination of the Required Lenders, Required Revolving Credit Lenders And SuperMajority Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such Eligible Assignee’s assignee Lender's interest in any of the Revolving Credit Loans or Reimbursement Obligations. If any Lender sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to a participant, and such participant is the Borrowers or an Affiliate of any Borrowerthe Borrowers, then such transferor Lender shall promptly notify the Administrative Agent of the sale of such participation and such participation. A transferor Lender shall have no right to vote as a 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 § 14.1 ss.13.1 or § 14.2 ss.13.2 to the extent that such participation is beneficially owned by the Borrowers or any Affiliate of any Borrowerthe Borrowers, and the determination of the Required Lenders, Required Revolving Credit Lenders and SuperMajority Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Lender in the Revolving Credit Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Revolving Credit, Tranche B Loan and Security Agreement (Mayors Jewelers Inc/De)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWERS. If any Eligible Assignee -------- -- ----------- ---------- ---- --- --------- assignee Lender is an Affiliate of any Credit Partythe Borrowers, then any such assignee Lender shall have no right to (a) attend meetings of the Lenders or (b) vote as a 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 Managing Agent pursuant to § 14.1 (S)16.1 or § 14.2(S)16.2, and the determination of the Required Majority Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such Eligible Assignee’s assignee Lender's interest in any of the Revolving Credit Loans or Reimbursement ObligationsLoans. If any Lender sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to the Borrowers a participant, and such participant is a Borrower or an Affiliate of any a Borrower, then such transferor Lender shall promptly notify the Administrative Managing Agent of the sale of such participation and such participation. A transferor Lender shall have no right to vote as a 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 Managing Agent pursuant to § 14.1 (S)16.1 or § 14.2 (S)16.2 to the extent that such participation is beneficially owned by the Borrowers a Borrower or any Affiliate of any a Borrower, and the determination of the Required Majority Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Lender in the Revolving Credit Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Multicurrency Revolving Credit Agreement (United States Filter Corp)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWERS. If any Eligible Assignee assignee Lender is an Affiliate of any Credit Partya Borrower, then any such assignee Lender shall have no right to (a) attend meetings of the Lenders or (b) vote as a 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 § 14.1 (Section)14.1 or § 14.2(Section)14.2, and the determination of the Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such Eligible Assignee’s assignee Lender's interest in any of the Revolving Credit Loans or Reimbursement Obligations. If any Lender sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to the Borrowers a Participant, and such Participant is a Borrower or an Affiliate of any a Borrower, then such transferor Lender shall promptly notify the Administrative Agent of the sale of such participation and such participation. A transferor Lender shall have no right to vote as a 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 § 14.1 (Section)14.1 or § 14.2 (Section)14.2 to the extent that such participation is beneficially owned by the Borrowers a Borrower or any Affiliate of any a Borrower, and the determination of the 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 Lender in the Revolving Credit Loans or Reimbursement Obligations to the extent of such participation. The provisions of this (Section)20.7 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 a Borrower and which, following such disclosure, has been excepted from the provisions of this (Section)20.7 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: Revolving Credit and Term Loan Agreement (Genesee & Wyoming Inc)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWERS. If any Eligible Assignee assignee Lender is an Affiliate of any Credit Partyeither of the Borrowers, then any such assignee Lender shall have no right to (a) attend meetings of the Lenders or (b) vote as a 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 § 14.1 Section 12.1 or § 14.2Section 12.2, and the determination of the Required Majority Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such Eligible Assignee’s assignee Lender's interest in any of the Revolving Credit Loans or Reimbursement ObligationsLoans. If any Lender sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to a participant, and such participant is either of the Borrowers or an Affiliate of any Borrowereither of the Borrowers, then such transferor Lender shall promptly notify the Administrative Agent of the sale of such participation and such participation. A transferor Lender shall have no right to vote as a 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 § 14.1 Section 12.1 or § 14.2 Section 12.2 to the extent that such participation is beneficially owned by either of the Borrowers or any Affiliate of any Borrowereither of the Borrowers, and the determination of the Required Majority Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor 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 BORROWERS. If any Eligible Assignee assignee Bank is an Affiliate of any Credit PartyBorrower, then any such assignee Lender Bank shall have no right to (a) attend meetings of the Lenders or (b) vote as a Lender 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 § Section 14.1 or § Section 14.2, and the determination of the Required Lenders Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such Eligible Assignee’s assignee Bank's interest in any of the Revolving Credit Loans or Reimbursement Obligations. If any Lender Bank sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to the Borrowers a participant, and such participant is a Borrower or an Affiliate of any Borrower, then such transferor Lender Bank shall promptly notify the Administrative Agent of the sale of such participation and such participation. A transferor Lender Bank shall have no right to vote as a Lender 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 § Section 14.1 or § Section 14.2 to the extent that such participation is beneficially owned by the Borrowers a Borrower or any Affiliate of any Borrower, and the determination of the Required Lenders 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 Lender Bank in the Revolving Credit Loans or Reimbursement Obligations to the extent of such participation. The provisions of this Section 20.7 shall not apply to an assignee Bank or participant which has disclosed to the other Banks that it is an Affiliate of any Borrower and which, following such disclosure, has been excepted from the provisions of this Section 20.7 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 Loans or Reimbursement Obligations.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Dave & Busters Inc)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWERS. If any Eligible Assignee assignee Lender is an Affiliate of any Credit Partythe Borrowers, then any such assignee Lender shall have no right to (a) attend meetings of the Lenders or (b) vote as a 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 § 14.1 or § 14.2Documents, and the determination of the Required Majority Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such Eligible Assigneeassignee Lender’s interest in any of the Revolving Credit Loans or Reimbursement ObligationsTerm Loans. If any Lender sells a participating interest in any of the Revolving Credit Term Loans or Reimbursement Obligations to the Borrowers a participant, and such participant is a Borrower or an Affiliate of any Borrower, then such transferor Lender shall promptly notify the Administrative Agent other Lenders of the sale of such participation and such participation. A transferor Lender shall have no right to vote as a 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 § 14.1 or § 14.2 to the extent that such participation is beneficially owned by the Borrowers a Borrower or any Affiliate of any Borrower, and the determination of the Required Majority Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Lender in the Revolving Credit Term Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Credit Agreement (WorldSpace, Inc)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWERS. If any Eligible Assignee assignee Lender is an Affiliate of any Credit Partythe Borrowers, then any such assignee Lender shall have no right to (a) attend meetings of the Lenders or (b) vote as a 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 § 14.1 or § 14.2§11, and the determination of the Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such Eligible Assigneeassignee Lender’s interest in any of the Revolving Credit Loans or Reimbursement Obligations. If any Lender sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to the Borrowers a Participant, and such Participant is a Borrower or an Affiliate of any Borrowerthe Borrowers, then such transferor Lender shall promptly notify the Administrative Agent of the sale of such participation and such participation. A transferor Lender shall have no right to vote as a 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 § 14.1 or § 14.2 §11 to the extent that such participation is beneficially owned by the Borrowers a Borrower or any Affiliate of any a Borrower, and the determination of the 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 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 BORROWERS. If any Eligible Assignee assignee Lender is an Affiliate of any Credit Partyeither Borrower, then any such assignee Lender shall have no right to (a) attend meetings of the Lenders or (b) vote as a 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 § 14.1 Section 15.1 or § 14.2Section 15.2, and the determination of the Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such Eligible Assignee’s assignee Lender's interest in any of the Revolving Credit Loans or Reimbursement Obligations. If any Lender sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to the Borrowers a Participant, and such Participant is either Borrower or an Affiliate of any either Borrower, then such transferor Lender shall promptly notify the Administrative Agent of the sale of such participation and such participation. A transferor Lender shall have no right to vote as a 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 § 14.1 Section 15.1 or § 14.2 Section 15.2 to the extent that such participation is beneficially owned by the Borrowers either Borrower or any Affiliate of any either Borrower, and the determination of the 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 Lender in the Revolving Credit Loans or Reimbursement Obligations to the extent of such participation.. 82-
Appears in 1 contract
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWERS. If any Eligible Assignee assignee Bank is an Affiliate of any Credit Partyof the Borrowers, then any such assignee Lender Bank shall have no right to (a) attend meetings of the Lenders or (b) vote as a Lender 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 § 14.1 Section 13.1 or § 14.2Section 13.2, and the determination of the Required Lenders Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such Eligible Assignee’s assignee Bank's interest in any of the Revolving Credit Loans or Reimbursement Obligations. If any Lender Bank sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to the Borrowers a participant, and such participant is a Borrower or an Affiliate of any Borrowerof the Borrowers, then such transferor Lender Bank shall promptly notify the Administrative Agent of the sale of such participation and such participation. A transferor Lender Bank shall have no right to vote as a Lender 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 § 14.1 Section 13.1 or § 14.2 Section 13.2 to the extent that such participation is beneficially owned by the Borrowers or any Affiliate of any the Borrower, and the determination of the Required Lenders 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 Lender Bank in the Revolving Credit Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Revolving Credit Agreement (American Restaurant Group Inc)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWERS. If any Eligible Assignee ----------------------------------------------------- assignee Bank is an Affiliate of any Credit Partyof the Borrowers or any of their Subsidiaries, then any such assignee Lender Bank shall have no right to (a) attend meetings of the Lenders or (b) vote as a Lender 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 § 14.1 (S)14.1 or § 14.2(S)14.2, and the determination of the Required Lenders Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such Eligible Assignee’s assignee Bank's interest in any of the Revolving Credit Loans or Reimbursement ObligationsLoans. If any Lender Bank sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to the Borrowers a participant, and such participant is a Borrower or an Affiliate of any Borrowerof the Borrowers, then such transferor Lender Bank shall promptly notify the Administrative Agent of the sale of such participation and such participation. A transferor Lender Bank shall have no right to vote as a Lender 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 § 14.1 (S)14.1 or § 14.2 (S)14.2 to the extent that such participation is beneficially owned by the Borrowers any Borrower or any Affiliate of any Borrower, and the determination of the Required Lenders 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 Lender Bank in the Revolving Credit Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Genesee & Wyoming Inc)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWERS. If any Eligible Assignee is an Affiliate of the Borrowers or any Credit Partyof their Subsidiaries, then any such assignee Lender shall have no right to (a) attend meetings of the Lenders or (b) vote as a 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 § §14.1 or § §14.2, and the determination of the Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such Eligible Assignee’s interest in any of the Revolving Credit Loans or Reimbursement Obligations. If any Lender sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to the Borrowers or an Affiliate of any Borrower, then such transferor Lender shall promptly notify the Administrative Agent of the sale of such participation and such transferor Lender shall have no right to vote as a 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 § §14.1 or § §14.2 to the extent that such participation is beneficially owned by the Borrowers or any Affiliate of any Borrower, and the determination of the 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 Lender in the Revolving Credit Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Revolving Credit Agreement (McCormick & Schmicks Seafood Restaurants Inc.)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWERS. If any Eligible Assignee assignee Bank is an Affiliate of any Credit Partythe Borrowers, then any such assignee Lender Bank shall have no right to (a) attend meetings of the Lenders or (b) vote as a Lender 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 § 14.1 ss.15.1 or § 14.2ss.15.2, and the determination of the Required Lenders Banks shall for all purposes of this Credit CreDiT Agreement and the other Loan Documents be made without regard to such Eligible Assignee’s assignee Bank's interest in any of the Revolving Credit Loans or Reimbursement Obligations. If any Lender Bank sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to a participant, and such participant is one of the Borrowers or an Affiliate of any Borrowerone of the Borrowers, then such transferor Lender Bank shall promptly notify the Administrative Agent of the sale of such participation and such participation. A transferor Lender Bank shall have no right to vote as a Lender 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 § 14.1 ss.15.1 or § 14.2 ss.15.2 to the extent extEnT that such participation is beneficially owned by one of the Borrowers or any Affiliate of any Borrowerone of the Borrowers, and the determination of the Required Lenders Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Lender 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 BORROWERS. If any Eligible Assignee ----------------------------------------------------- assignee Lender is an Affiliate of any Credit Partythe Borrowers, then any such assignee Lender shall have no right to (a) attend meetings of the Lenders or (b) vote as a 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 § 14.1 (S)16.1 or § 14.2(S)16.2, and the determination of the Required Majority Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such Eligible Assignee’s assignee Lender's interest in any of the Revolving Credit Loans or Reimbursement ObligationsLoans. If any Lender sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to the Borrowers a participant, and such participant is a Borrower or an Affiliate of any a Borrower, then such transferor Lender shall promptly notify the Administrative Agent of the sale of such participation and such participation. A transferor Lender shall have no right to vote as a 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 § 14.1 (S)16.1 or § 14.2 (S)16.2 to the extent that such participation is beneficially owned by the Borrowers a Borrower or any Affiliate of any a Borrower, and the determination of the Required Majority Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Lender in the Revolving Credit Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Multicurrency Revolving Credit Agreement (United States Filter Corp)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWERS. If any Eligible Assignee assignee Lender is an Affiliate of any Credit Partythe Borrowers, then any such assignee Lender shall have no right to (a) attend meetings of the Lenders or (b) vote as a 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 § 14.1 ss.13.1 or § 14.2ss.13.2, and the determination of the Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such Eligible Assignee’s assignee Lender's interest in any of the Revolving Credit Loans or Reimbursement Obligations. If any Lender sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to a Participant, and such Participant is one of the Borrowers or an Affiliate of any Borrowerthe Borrowers, then such transferor Lender shall promptly notify the Administrative Agent of the sale of such participation and such participation. Such transferor Lender shall have no right to vote as a 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 § 14.1 ss.13.1 or § 14.2 ss.13.2 to the extent that such participation is beneficially owned by the Borrowers or any Affiliate of any Borrowerthe Borrowers, and the determination of the 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 Lender in the Revolving Credit Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Iesi Corp)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWERS. If any Eligible Assignee assignee Lender is an Affiliate of any Credit PartyBorrower, then any such assignee Lender shall have no right to (a) attend meetings of the Lenders or (b) vote as a 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 § 14.1 or § 14.2Article X, and the determination of the Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such Eligible Assigneeassignee Lender’s interest in any of the Commitments or Revolving Credit Loans or Reimbursement ObligationsLoans. If any Lender sells a participating interest in any of the Revolving Commitments or Revolving Credit Loans or Reimbursement Obligations to the Borrowers a participant, and such participant is a Borrower or an Affiliate of any a Borrower, then such transferor Lender shall promptly notify the Administrative Agent of the sale of such participation and such participation. A transferor Lender shall have no right to vote as a 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 § 14.1 or § 14.2 Article X to the extent that such participation is beneficially owned by the Borrowers a Borrower or any Affiliate of any a Borrower, and the determination of the 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 Lender in the Revolving Credit Loans or Reimbursement Obligations Commitments to the extent of such participation.
Appears in 1 contract
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWERS. If any Eligible Assignee assignee Lender is an Affiliate of any Credit PartyBorrower, then any such assignee Lender shall have no right to (a) attend meetings of the Lenders or (b) vote as a 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 § §14.1 or § §14.2, and the determination of the Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such Eligible Assigneeassignee Lender’s interest in any of the Revolving Credit Loans or Reimbursement Obligations. If any Lender sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to the Borrowers a Participant, and such Participant is any Borrower or an Affiliate of any Borrower, then such transferor Lender shall promptly notify the Administrative Agent of the sale of such participation and such participation. A transferor Lender shall have no right to vote as a 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 § §14.1 or § §14.2 to the extent that such participation is beneficially owned by the Borrowers any Borrower or any Affiliate of any Borrower, and the determination of the 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 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 BORROWERS. If any Eligible Assignee assignee Bank is an Affiliate affiliate of any Credit Partythe Borrowers, then any such assignee Lender Bank shall have no right to (a) attend meetings of the Lenders or (b) vote as a Lender 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 § 14.1 or § 14.2Section 10, and the determination of the Required Lenders Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such Eligible Assignee’s assignee Bank's interest in any of the Revolving Credit Loans or Reimbursement Obligations. If any Lender Bank sells a participating interest in any of the Revolving Credit Loans Obligations or Reimbursement Obligations to a participant, and such participant is one of the Borrowers or an Affiliate of any Borrowerone of the Borrowers, then such transferor Lender Bank shall promptly notify the Administrative Agent of the sale of such participation and such participation. A transferor Lender Bank shall have no right to vote as a Lender 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 § 14.1 or § 14.2 Section 10 to the extent that such participation is beneficially owned by any of the Borrowers or any Affiliate of any Borrowerof the Borrowers, and the determination of the Required Lenders 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 Lender Bank in the Revolving Credit Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Loan Agreement (Metallurg Inc)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWERS. If any Eligible Assignee ----------------------------------------------------- assignee Bank is an Affiliate of any Credit Partyeither the Guarantors or the Borrowers, then any such assignee Lender Bank shall have no right to (a) attend meetings of the Lenders or (b) vote as a Lender 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 § 14.1 (S)10.1 or § 14.2(S)10.2, and the determination of the Required Lenders Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such Eligible Assignee’s assignee Bank's interest in any of the Revolving Credit Loans or Reimbursement ObligationsLoans. If any Lender Bank sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to the Borrowers a participant, and such participant is either a Guarantor or a Borrower or an Affiliate of any Borrowereither the Guarantors or the Borrowers, then such transferor Lender Bank shall promptly notify the Administrative Agent of the sale of such participation and such participation. A transferor Lender Bank shall have no right to vote as a Lender 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 § 14.1 (S)13.1 or § 14.2 (S)13.2 to the extent that such participation is beneficially owned by either the Guarantors or the Borrowers or any Affiliate of any Borrowereither the Guarantors or the Borrowers, and the determination of the Required Lenders 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 Lender Bank in the Revolving Credit 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 BORROWERS. If any Eligible Assignee assignee Lender is an Affiliate of any Credit PartyBorrower, then any such assignee Lender shall have no right to (a) attend meetings of the Lenders or (b) vote as a 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 § Section 14.1 or § Section 14.2, and the determination of the Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such Eligible Assignee’s assignee Lender's interest in any of the Revolving Credit Loans or Reimbursement Obligations. If any Lender sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to the Borrowers a participant, and such participant is a Borrower or an Affiliate of any Borrower, then such transferor Lender shall promptly notify the Administrative Agent of the sale of such participation and such participation. A transferor Lender shall have no right to vote as a 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 § Section 14.1 or § Section 14.2 to the extent that such participation is beneficially owned by the Borrowers a Borrower or any Affiliate of any Borrower, and the determination of the 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 Lender in the Revolving Credit Loans or Reimbursement Obligations to the extent of such participation. The provisions of this Section 20.8 shall not apply to an assignee Lender or participant which has disclosed to the other Lenders that it is an Affiliate of any Borrower and which, following such disclosure, has been excepted from the provisions of this Section 20.8 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: Revolving Credit and Term Loan Agreement (Dave & Busters Inc)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWERS. If any Eligible Assignee assignee Lender is an Affiliate of any Credit PartyBorrower, then any such assignee Lender shall have no right to (a) attend meetings of the Lenders or (b) vote as a 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 § §14.1 or § §14.2, and the determination of the Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such Eligible Assigneeassignee Lender’s interest in any of the Revolving Credit Loans or Reimbursement Obligations. If any Lender sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to the Borrowers a participant, and such participant is a Borrower or an Affiliate of any a Borrower, then such transferor Lender shall promptly notify the Administrative Agent of the sale of such participation and such participation. A transferor Lender shall have no right to vote as a 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 § §14.1 or § §14.2 to the extent that such participation is beneficially owned by the Borrowers a Borrower or any Affiliate of any a Borrower, and the determination of the 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 Lender in the Revolving Credit Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Revolving Credit Agreement (McCormick & Schmick Holdings, L.L.C.)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWERS. If any Eligible Assignee ----------------------------------------------------- assignee Lender is an Affiliate of any Credit PartyBorrower, then any such assignee Lender shall have no right to (a) attend meetings of the Lenders or (b) vote as a 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 § 14.1 Section 13.1 or § 14.2Section 13.2, and the determination of the Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such Eligible Assignee’s assignee Lender's interest in any of the Revolving Credit Loans or Reimbursement Obligations. If any Lender sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to the Borrowers a participant, and such participant is a Borrower or an Affiliate of any a Borrower, then such transferor Lender shall promptly notify the Administrative Agent of the sale of such participation and such participation. A transferor Lender shall have no right to vote as a 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 § 14.1 Section 13.1 or § 14.2 Section 13.2 to the extent that such participation is beneficially owned by the Borrowers a Borrower or any Affiliate of any a Borrower, and the determination of the 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 Lender in the Revolving Credit Loans or Reimbursement Obligations to the extent of such participation.
Appears in 1 contract
Samples: Revolving Credit Agreement (Us Xpress Enterprises Inc)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWERS. If any Eligible Assignee assignee Lender is an Affiliate of any Credit Partythe Borrowers, then any such assignee Lender shall have no right to (a) attend meetings of the Lenders or (b) vote as a 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 § 14.1 ss.15.1 or § 14.2ss.15.2, and the determination of the Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such Eligible Assignee’s assignee Lender's interest in any of the Revolving Credit Loans or Reimbursement Letter of Credit Obligations. If any Lender sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to a participant, and such participant is one of the Borrowers or an Affiliate of any Borrowerone of the Borrowers, then such transferor Lender shall promptly notify the Administrative Agent of the sale of such participation and such participation. A transferor Lender shall have no right to vote as a 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 § 14.1 ss.15.1 or § 14.2 ss.15.2 to the extent that such participation is beneficially owned by one of the Borrowers or any Affiliate of any Borrowerone of the Borrowers, and the determination of the 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 Lender in the Revolving Credit Loans or Reimbursement Letter of Credit Obligations to the extent of such participation.
Appears in 1 contract
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWERS. If any Eligible Assignee assignee Lender is an Affiliate of any Credit PartyBorrower, then any such assignee Lender shall have no right to (a) attend meetings of the Lenders or (b) vote as a 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 § 14.1 or § 14.2Article X, and the determination of the Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such Eligible Assigneeassignee Lender’s interest in any of the Revolving Credit Loans Commitments or Reimbursement ObligationsLoans. If any Lender sells a participating interest in any of the Revolving Credit Commitments or Loans or Reimbursement Obligations to the Borrowers a participant, and such participant is a Borrower or an Affiliate of any a Borrower, then such transferor Lender shall promptly notify the Administrative Agent of the sale of such participation and such participation. A transferor Lender shall have no right to vote as a 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 § 14.1 or § 14.2 Article X to the extent that such participation is beneficially owned by the Borrowers a Borrower or any Affiliate of any a Borrower, and the determination of the 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 Lender in the Revolving Credit Loans or Reimbursement Obligations Commitments to the extent of such participation.
Appears in 1 contract
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWERS. If any Eligible Assignee assignee Lender is an Affiliate of any Credit PartyBorrower, then any such assignee Lender shall have no right to (a) attend meetings of the Lenders or (b) vote as a 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 § 14.1 ss. 13.1 or § 14.2ss. 13.2, and the determination of the Required Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such Eligible Assignee’s assignee Lender's interest in any of the Revolving Credit Loans or Reimbursement Obligations. If any Lender sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to the Borrowers a Participant, and such Participant is a Borrower or an Affiliate of any a Borrower, then such transferor Lender shall promptly notify the Administrative Agent of the sale of such participation and such participation. A transferor Lender shall have no right to vote as a 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 § 14.1 ss. 13.1 or § 14.2 ss. 13.2 to the extent that such participation is beneficially owned by the Borrowers a Borrower or any Affiliate of any a Borrower, and the determination of the 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 Lender in the Revolving Credit Loans or Reimbursement Obligations to the extent of such participation. The provisions of this ss. 15.7 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 a Borrower and which, following such disclosure, has been excepted from the provisions of this ss. 15.7 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 (Borders Group Inc)
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWERS. If any Eligible Assignee assignee Bank is an Affiliate of any Credit Partythe Borrowers, then any such assignee Lender Bank shall have no right to (a) attend meetings of the Lenders or (b) vote as a Lender 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 § 14.1 /section/12.1 or § 14.2/section/12.2, and the determination of the Required Lenders Majority Banks shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such Eligible Assignee’s assignee Bank's interest in any of the Revolving Credit Loans or Reimbursement ObligationsLoans. If any Lender Bank sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to the Borrowers a participant, and such participant is any Borrower or an Affiliate of any Borrower, then such transferor Lender Bank shall promptly notify the Administrative Agent of the sale of such participation and such participation. A transferor Lender Bank shall have no right to vote as a Lender 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 § 14.1 /section/12.1 or § 14.2 /section/12.2 to the extent that such participation is beneficially owned by the Borrowers any Borrower or any Affiliate of any such Borrower, and the determination of the Required Lenders 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 Lender 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 BORROWERS. If any Eligible Assignee assignee Lender is an Affiliate of any Credit PartyBorrower, then any such assignee Lender shall have no right to (a) attend meetings of the Lenders or (b) vote as a 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 or the Canadian Agent pursuant to § 14.1 Section 15.1 or § 14.2Section 15.2, and the determination of the Required Majority Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such Eligible Assignee’s assignee Lender's interest in any of the Revolving Credit Loans or Reimbursement ObligationsLoans. If any Lender sells a participating interest in any of the Revolving Credit Loans or Reimbursement Obligations to the Borrowers a participant, and such participant is a Borrower or an Affiliate of any a Borrower, then such transferor Lender shall promptly notify the Administrative Agent and the Canadian Agent of the sale of such participation and such participation. A transferor Lender shall have no right to vote as a 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 or the Canadian Agent pursuant to § 14.1 Section 15.1 or § 14.2 Section 15.2 to the extent that such participation is beneficially owned by the Borrowers a Borrower or any Affiliate of any a Borrower, and the determination of the Required Majority Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Lender in the Revolving Credit Loans or Reimbursement Obligations to the extent of such participation.. 112 -105-
Appears in 1 contract
ASSIGNEE OR PARTICIPANT AFFILIATED WITH THE BORROWERS. If ----------------------------------------------------- (notwithstanding the restrictions provided for in the definition of Eligible Assignee) any Eligible Assignee assignee Lender or New Lender is a Borrower or an Affiliate of any Credit Partyof the Borrowers, then any such assignee Lender or New Lender shall have no right to (a) attend meetings of the Lenders or (b) vote as a 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 Agents pursuant to § 14.1 (S)14.1 or § 14.2(S)14.2, and the determination of the Required Majority Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to such Eligible Assignee’s assignee Lender's or New Lender's interest in any of the Revolving Credit Loans Loans, Reimbursement Obligations or Foreign Reimbursement Obligations. If any Lender sells to a participant a participating interest in any of the Revolving Credit Loans or Loans, Reimbursement Obligations, Foreign Reimbursement Obligations or other obligations with respect to Letters of Credit or Foreign Letters of Credit, and such participant is any of the Borrowers or an Affiliate of any Borrowerof the Borrowers, then such transferor Lender shall promptly notify the Administrative Agent of the sale of such participation and such participation. A transferor Lender shall have no right to vote as a 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 any of the Administrative Agent Agents pursuant to § 14.1 (S)14.1 or § 14.2 (S)14.2 to the extent that such participation is beneficially owned by the Borrowers such Borrower or any Affiliate of any such Borrower, and the determination of the Required Majority Lenders shall for all purposes of this Credit Agreement and the other Loan Documents be made without regard to the interest of such transferor Lender in the Revolving Loans, Reimbursement Obligations, Foreign Reimbursement Obligations, Letters of Credit Loans or Reimbursement Obligations Foreign Letters of Credit to the extent of such participation.
Appears in 1 contract
Samples: Multicurrency Revolving Credit and Term Loan Agreement (Samsonite Holdings Inc)
