Common use of Assignment of Commitments Under Certain Circumstances Clause in Contracts

Assignment of Commitments Under Certain Circumstances. In the event that any Lender shall have delivered a notice or certificate pursuant to Section 2.14, or the Borrower shall be required to make additional payments to any Lender under Section 2.20 (or would be required to make such additional payments with respect to the interest payment that would be made on the next succeeding Interest Payment Date), the Borrower shall have the right, but not the obligation, at its own expense, upon notice to such Lender and the Managing Agents, to replace such Lender with an assignee (in accordance with and subject to the restrictions contained in Section 10.04(b)), and such Lender hereby agrees to transfer and assign without recourse (in accordance with and subject to the restrictions contained in Section 10.04(b)) all its interests, rights and obligations under this Agreement to such assignee; provided, however, that (a) no such assignment shall conflict with any law or any rule, regulation or order of any Governmental Authority, (b) such assignee shall pay to the affected Lender in immediately available funds on the date of such assignment the principal of the Loans made by such Lender hereunder and (c) the Borrower shall pay to the affected Lender in immediately available funds on the date of such assignment the interest accrued to the date of payment on the Loans made by such Lender hereunder and all other amounts accrued for such Lender's account or owed to it hereunder.

Assignment of Commitments Under Certain Circumstances. In the event that any Lender or the Fronting Bank shall have delivered a notice or certificate pursuant to Section 2.13 or 2.14, or the any Borrower shall be required to make additional payments to any Lender or the Fronting Bank under Section 2.20 (or would be required to make such additional payments with respect to the interest payment that would be made on the next succeeding Interest Payment Date)2.18, the Borrower Borrowers shall have the right, but not the obligation, at its their own expense, upon notice to such Lender or the Fronting Bank (as the case may be) and the Managing Agents, to replace require such Lender with an assignee or the Fronting Bank (in accordance with and subject to as the restrictions contained in Section 10.04(b)), and such Lender hereby agrees case may be) to transfer and assign without recourse (in accordance with and subject to the restrictions contained in Section 10.04(b)8.04) all its such Lender's or the Fronting Bank's (as the case may be) interests, rights and obligations under this Agreement contained hereunder to another financial institution approved by the Agents and the Borrowers (which approval shall not be unreasonably withheld) which shall assume such assigneeobligations; provided, however, provided that (ai) no such assignment shall conflict with any law law, rule or any rule, regulation or order of any Governmental Authority, Authority and (bii) such the assignee shall pay to the affected Lender or the Fronting Bank (as the case may be) in immediately available funds on the date of such assignment the principal of the Loans made by such Lender hereunder and (c) the Borrower shall pay to the affected Lender in immediately available funds on the date of such assignment the interest accrued to the date of payment on the Loans Extensions of Credit made by such Lender it hereunder and all other amounts accrued for such Lender's its account or owed to it hereunderhereunder and the Borrowers shall pay the processing and recordation fee due pursuant to Section 8.04.

Assignment of Commitments Under Certain Circumstances. In the event that any Lender or LC Bank shall have delivered a notice or certificate pursuant to Section 2.142.12 or 2.13, or the Borrower shall be required to make additional payments to any Lender or LC Bank under Section 2.20 (or would be required to make such additional payments with respect to the interest payment that would be made on the next succeeding Interest Payment Date)2.17, the Borrower shall have the right, but not the obligation, at its own expense, upon notice to such Lender or LC Bank (as the case may be) and the Managing AgentsAdministrative Agent, to replace require such Lender with an assignee or LC Bank (in accordance with and subject to as the restrictions contained in Section 10.04(b)), and such Lender hereby agrees case may be) to transfer and assign without recourse (in accordance with and subject to the restrictions contained in Section 10.04(b)9.04) all its such Lender's or LC Bank's (as the case may be) interests, rights and obligations under this Agreement contained hereunder to another financial institution approved by the Administrative Agent and the Borrower (which approval shall not be unreasonably withheld) which shall assume such assigneeobligations; provided, however, provided that (ai) no such assignment shall conflict with any law law, rule or any rule, regulation or order of any Governmental Authority, Authority and (bii) such the assignee shall pay to the affected Lender or LC Bank (as the case may be) in immediately available funds on the date of such assignment the principal of the Loans made by such Lender hereunder and (c) the Borrower shall pay to the affected Lender in immediately available funds on the date of such assignment the interest accrued to the date of payment on the Loans made by such Lender it hereunder and all other amounts (including, without limitation, reimbursement obligations in respect of Letters of Credit) accrued for such Lender's its account or owed to it hereunder.

Assignment of Commitments Under Certain Circumstances. In the event that any Lender or the Fronting Bank shall have delivered a notice or certificate pursuant to Section 2.13 or 2.14, or the Borrower shall be required to make additional payments to any Lender or the Fronting Bank under Section 2.20 (or would be required to make such additional payments with respect to the interest payment that would be made on the next succeeding Interest Payment Date)2.18, the Borrower shall have the right, but not the obligation, at its own expense, upon notice to such Lender or the Fronting Bank (as the case may be) and the Managing Agents, to replace require such Lender with an assignee or the Fronting Bank (in accordance with and subject to as the restrictions contained in Section 10.04(b)), and such Lender hereby agrees case may be) to transfer and assign without recourse (in accordance with and subject to the restrictions contained in Section 10.04(b)8.04) all its such Lender's or the Fronting Bank's (as the case may be) interests, rights and obligations under this Agreement contained hereunder to another financial institution approved by the Agents and the Borrower (which approval shall not be unreasonably withheld) which shall assume such assigneeobligations; provided, however, provided that (ai) no such assignment shall conflict with any law law, rule or any rule, regulation or order of any Governmental Authority, Authority and (bii) such the assignee shall pay to the affected Lender or the Fronting Bank (as the case may be) in immediately available funds on the date of such assignment the principal of the Loans made by such Lender hereunder and (c) the Borrower shall pay to the affected Lender in immediately available funds on the date of such assignment the interest accrued to the date of payment on the Loans Extensions of Credit made by such Lender it hereunder and all other amounts accrued for such Lender's its account or owed to it hereunderhereunder and the Borrower shall pay the processing and recordation fee due pursuant to Section 8.04.

Assignment of Commitments Under Certain Circumstances. In the event that any Lender shall have delivered a notice or certificate pursuant to Section 2.13 or 2.14, or the Borrower shall be required to make pay additional payments amounts to any Lender under Section 2.20 (or would be required to make such additional payments with respect to the interest payment that would be made on the next succeeding Interest Payment Date)2.19, the Borrower shall have the right, but not the obligation, at its own expense, upon notice to such Lender and the Managing Agents, to replace the (i) a similar assignment by such Lender with an assignee (in accordance with and subject to be made under the restrictions contained in Section 10.04(b)), and such Lender hereby agrees to transfer and assign without recourse (in accordance with and subject to the restrictions contained in Section 10.04(b)) Existing Credit Agreement of all its interests, rights and obligations under this Agreement to such assignee; providedthe Existing Credit Agreement, however, that (aii) no such assignment shall conflict with any law or any law, rule, regulation or order of any Governmental Authority, Authority and (biii) such assignee the Borrower shall pay to the affected Lender (and shall take the same actions under the Existing Credit Agreement) in immediately available funds on the date of such assignment the entire amount of principal of the Loans made by such Lender hereunder and (c) the Borrower shall pay to the affected Lender in immediately available funds on the date of such assignment the interest accrued to the date of payment on the Loans and participations in Letter of Credit Disbursements made by such Lender it hereunder and all other amounts accrued for such Lender's its account or owed to it hereunder; provided further that if prior to any such assignment the circumstances or event that resulted in such Lender's notice or certificate under Section 2.13 or 2.14 or demand for additional amounts under Section 2.19, as the case may be, shall cease to exist or become inapplicable for any reason or if such Lender shall waive its rights in respect of such circumstances or event under Section 2.13, 2.14 or 2,19, as the case may be, then such Lender shall not thereafter be required to make any such assignment hereunder or under the Existing Credit Agreement.