Bail-In Action. Any determination by the Administrative Agent that a Lender is a Defaulting Lender under any one or more of clauses (i) through (iv) above shall be conclusive and binding absent manifest error, and such Lender shall be deemed to be a Defaulting Lender (subject to Section 2.21(b)) upon delivery of written notice of such determination to the Borrower, each LC Issuing Bank and each Lender.
Appears in 33 contracts
Samples: Credit Agreement (Midamerican Energy Co), Credit Agreement (Midamerican Energy Co), Credit Agreement (Midamerican Energy Co)
Bail-In Action. Any determination by the Administrative Agent that a Lender is a Defaulting Lender under any one or more of clauses (i) through (iv) above shall be conclusive and binding absent manifest error, and such Lender shall be deemed to be a Defaulting Lender (subject to Section 2.21(b)) upon delivery of written notice of such determination to the Borrower, each LC Issuing Bank Borrower and each Lender.
Appears in 6 contracts
Samples: Credit Agreement (Midamerican Energy Co), Credit Agreement (Pacificorp /Or/), Credit Agreement (Midamerican Energy Co)
Bail-In Action. Any determination by the Administrative Agent that a Lender is a Defaulting Lender under any one or more of clauses (ia) through (ivd) above shall be conclusive and binding absent manifest error, and such Lender shall be deemed to be a Defaulting Lender (subject to Section 2.21(b2.20(d)) upon delivery by the Administrative Agent of written notice of such determination to the Borrower, each LC Issuing Bank Bank, the Swingline Lender and each Lender.
Appears in 5 contracts
Samples: Credit Agreement (Papa Johns International Inc), Credit Agreement (Papa Johns International Inc), Credit Agreement (Papa Johns International Inc)
Bail-In Action. Any determination that a Lender is a Defaulting Lender will be made by the Administrative Agent in its sole discretion acting in good faith. Any determination by the Administrative Agent that a Lender is a Defaulting Lender under any one or more of clauses (ia) through (ivd) above shall be conclusive and binding absent manifest error, and such Lender shall be deemed to be a Defaulting Lender (subject to Section 2.21(b)) upon delivery of written notice of such determination to the Borrower, each LC Issuing Bank and each Lender.
Appears in 4 contracts
Samples: Possession Credit Agreement (Hi-Crush Inc.), Credit Agreement (Hi-Crush Inc.), Possession Credit Agreement (Hi-Crush Inc.)
Bail-In Action. Any determination by the Administrative Agent or the Borrower that a Lender is a Defaulting Lender under any one or more of clauses clause (ia) through (ivd) above shall be conclusive and binding absent manifest error, and such Lender shall be deemed to be a Defaulting Lender (subject to Section 2.21(b)) upon delivery of written notice of such determination to the Borrower, each LC Issuing Bank Borrower and each LenderCredit Party.
Appears in 3 contracts
Samples: Credit Agreement (Crown Castle International Corp), Credit Agreement (Crown Castle International Corp), Credit Agreement (Crown Castle International Corp)
Bail-In Action. Any determination by the Administrative Agent that a Lender is a Defaulting Lender under any one or more of clauses (ia) through (ive) above shall be conclusive and binding absent manifest error, and such Lender shall be deemed to be a Defaulting Lender (subject to Section 2.21(b)2.21) upon delivery of written notice of such determination to the Borrower, each LC the Issuing Bank Lender and each LenderLender (other than any Lender subject to a Bankruptcy Event).
Appears in 2 contracts
Samples: Credit Agreement (Jones Lang LaSalle Income Property Trust, Inc.), Credit Agreement (Jones Lang LaSalle Income Property Trust, Inc.)
Bail-In Action. Any determination by the Administrative Agent that a Lender is a Defaulting Lender under any one or more of clauses (ia) through (ivd) above shall be conclusive and binding absent manifest error, and such Lender shall be deemed to be a Defaulting Lender (subject to Section 2.21(b2.17(d)) upon delivery of written notice of such determination to the Borrower, each LC Issuing Bank Company and each Lender.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Lockheed Martin Corp), Assignment and Assumption (Lockheed Martin Corp)
Bail-In Action. Any determination by the Administrative Agent that a Lender is a Defaulting Lender under any one or more of clauses (ia) through (ivd) above shall be conclusive and binding absent manifest error, and such Lender shall be deemed to be a Defaulting Lender (subject to Section 2.21(b2.19(d)) upon delivery of written notice of such determination to the BorrowerBorrower Representative, each LC Issuing Bank Bank, the Swingline Lender and each Lender.
Appears in 2 contracts
Samples: Credit Agreement (Orthofix Medical Inc.), Credit Agreement (Orthofix International N V)
Bail-In Action. Any determination by the Administrative Agent that a Lender is a Defaulting Lender under any one or more of clauses (ia) through (ivd) above shall be conclusive and binding absent manifest error, and such Lender shall be deemed to be a Defaulting Lender (subject to Section 2.21(b)2.19) upon delivery of written notice of such determination to the Borrower, each LC Issuing Bank Borrower and each Lender.
Appears in 1 contract
Bail-In Action. Any determination by the Administrative Agent that a Lender is a Defaulting Lender under any one or more of clauses (ia) through (ivg) above shall be conclusive and binding absent manifest error, and such Lender shall be deemed to be a Defaulting Lender (subject to Section 2.21(b2.06(d)) upon delivery of written notice of such determination to the Borrower, each LC Issuing Bank Borrower and each Lender.
Appears in 1 contract
Samples: Revolving Credit Agreement (Southwest Gas Holdings, Inc.)
Bail-In Action. Any determination by the Administrative Agent that a Lender is a Defaulting Lender under any one or more of clauses (ia) through (ivd) above shall be conclusive and binding absent manifest error, and such Lender shall be deemed to be a Defaulting Lender (subject to Section 2.21(b)2.20) upon delivery of written notice of such determination to the Borrower, each LC Issuing Bank L/C Issuer and each Lender.
Appears in 1 contract
Bail-In Action. Any determination by the Administrative Agent that a Lender is a Defaulting Lender under any one or more of clauses (i) through (iv) above shall be conclusive and binding absent manifest error, and such Lender shall be deemed to be a Defaulting Lender (subject to Section 2.21(b8.16(b)) upon delivery of written notice of such determination to the Borrower, each LC Issuing Bank Borrower and each Lender.
Appears in 1 contract
Samples: Credit Agreement (Ohio Power Co)
Bail-In Action. Any determination by the Administrative Agent that a Lender is a Defaulting Lender under any one or more of clauses (ia) through (ivd) above shall be conclusive and binding absent manifest error, and such Lender shall be deemed to be a Defaulting Lender (subject to Section 2.21(b2.19(e)) upon delivery of written notice of such determination to the Borrower, each LC Issuing Bank L/C Issuer and each Lender.
Appears in 1 contract
Bail-In Action. Any determination by the Administrative Agent that a Lender is a Defaulting Lender under any one or more of clauses (ia) through (ivd) above shall be conclusive and binding absent manifest error, and such Lender shall be deemed to be a Defaulting Lender (subject to Section 2.21(b)) upon delivery of written notice of such determination to the Borrower, each LC Issuing Fronting Bank and each Lender.
Appears in 1 contract
Bail-In Action. Any determination by the Administrative Agent that a Lender is a Defaulting Lender under any one or more of clauses (ia) through (ivd) above shall be conclusive and binding absent manifest error, and such Lender shall be deemed to be a Defaulting Lender (subject to Section 2.21(b2.21(g)) upon delivery of written notice of such determination to the Borrower, each LC Issuing Bank Bank, the Swingline Lender and each other Lender.
Appears in 1 contract
Bail-In Action. Any determination by the Administrative Agent that a Lender is a Defaulting Lender under any one or more of clauses (ia) through (ivd) above shall be conclusive and binding absent manifest error, and such Lender shall be deemed to be a Defaulting Lender (subject to Section 2.21(b2.20(b)) upon delivery of written notice of such determination to the Borrower, each LC Issuing Bank Parent and each LenderCredit Party.
Appears in 1 contract
Samples: Credit Agreement (Cardtronics PLC)
Bail-In Action. Any determination by the Administrative Agent that a Lender is a Defaulting Lender under any one or more of clauses (ia) through (ive) above shall be conclusive and binding absent manifest error, and such Lender shall be deemed to be a Defaulting Lender (subject to Section 2.21(b)2.21) upon delivery of written notice of such determination to the Borrower, each LC Issuing Bank Borrower and each LenderLender (other than any Lender subject to a Bankruptcy Event).
Appears in 1 contract
Samples: Credit Agreement (Jones Lang LaSalle Income Property Trust, Inc.)
Bail-In Action. Any determination by the Administrative Agent that a Lender is a Defaulting Lender under any one or more of clauses (i) through (iv) above shall be conclusive and binding absent manifest error, and such Lender shall be deemed to be a Defaulting Lender (subject to Section 2.21(b)) upon delivery of written notice of such determination to the Borrower, each LC Issuing Bank Borrower and each Lender.
Appears in 1 contract
