Common use of Cancellation of a Lender’s Commitment Clause in Contracts

Cancellation of a Lender’s Commitment. If: (a) a Lender does not agree to make Borrowings available in respect of a Takeover; (b) any payment is required to be made by the Borrower to a Lender (but not to all of the Lenders) pursuant to Section 6.3; (c) Additional Compensation is payable by the Borrower to a Lender (but not to all of the Lenders) pursuant to Section 10.2; (d) a Lender is affected by the provisions of Section 10.3 and all of the other Lenders are not so affected; (e) any Lender withholds its consent to any amendment, consent, waiver or other determination requested by the Borrower which require the approval of all of the Lenders and as a consequence thereof such amendment, consent or determination cannot be obtained; or (f) a Lender becomes a Defaulting Lender; (any such Lender being called herein the "Affected Lender") then the Borrower may so long as no Default or Event of Default has occurred and is continuing: (i) upon at least five (5) Business Days prior written notice to the Agent, irrevocably cancel all but not part of the Affected Lender's Commitment if on or prior to the last day of such notice period the Borrower has prepaid or otherwise reduced all Borrowings outstanding to such Lender, and paid all accrued interest and other charges and fees in respect of such Borrowings; or (ii) with the consent of the Agent and each Fronting Lender, each such consent not to be unreasonably withheld or delayed, and within thirty (30) days of any such cancellation, arrange for a replacement lender (which may be one of the Lenders in which case no consent of the Agent shall be required) to replace the Affected Lender's Commitment and any such replacement lender shall be novated into the Loan Documents in the place and stead of the Affected Lender.

Cancellation of a Lender’s Commitment. If: (a) a Lender does not agree to make Borrowings available in respect of a Takeover; (b) any payment is required to be made by the Borrower to a Lender (but not to all of the Lenders) pursuant to Section 6.3; (c) Additional Compensation is payable by the Borrower to a Lender (but not to all of the Lenders) pursuant to Section 10.211.2; (d) a Lender is affected by the provisions of Section 10.3 11.3 and all of the other Lenders are not so affected; (e) any Lender withholds its consent to any amendment, consent, waiver or other determination requested by the Borrower which require the approval of all of the Lenders and as a consequence thereof such amendment, consent or determination cannot be obtained; or (f) a Lender becomes a Defaulting Lender; (any such Lender being called herein the "Affected Lender") then the Borrower may so long as no Default or Event of Default has occurred and is continuing: (i) upon at least five (5) Business Days prior written notice to the Agent, irrevocably cancel all but not part of the Affected Lender's Commitment if on or prior to the last day of such notice period the Borrower has prepaid or otherwise reduced all Borrowings outstanding to such Lender, and paid all accrued interest and other charges and fees in respect of such Borrowings; or (ii) with the consent of the Agent and each Fronting Lender, each such consent not to be unreasonably withheld or delayed, and within thirty (30) days of any such cancellation, arrange for a replacement lender (which may be one of the Lenders in which case no consent of the Agent shall be required) to replace the Affected Lender's Commitment and any such replacement lender shall be novated into the Loan Documents in the place and stead of the Affected Lender.

Cancellation of a Lender’s Commitment. If: (a) a Lender does not agree to make Borrowings available in respect of a Takeover; (b) any payment is required to be made by the Borrower to a Lender (but not to all of the Lenders) pursuant to Section 6.3; (cb) Additional Compensation is payable by the Borrower to a Lender (but not to all of the Lenders) pursuant to Section 10.2;; or (dc) a Lender is affected by the provisions of Section 10.3 and all of the other Lenders are not so affected; (e) any Lender withholds its consent to any amendment, consent, waiver or other determination requested by the Borrower which require the approval of all of the Lenders and as a consequence thereof such amendment, consent or determination cannot be obtained; or (f) a Lender becomes a Defaulting Lender; (any such Lender being called herein the "“Affected Lender"”) then the Borrower may so long as no Default or Event of Default has occurred and is continuing: (i) upon at least five (5) Business Days prior written notice to the Agent, irrevocably cancel all but not part of the Affected Lender's ’s Commitment if on or prior to the last day of such notice period the Borrower has prepaid or otherwise reduced all Borrowings outstanding to such Lender, and paid all accrued interest and other charges and fees in respect of such Borrowings; or (ii) with the consent of the Agent and each Fronting LenderAgent, each such consent not to be unreasonably withheld or delayedwithheld, and within thirty (30) days of any such cancellation, arrange for a replacement lender (which may be one of the Lenders in which case no consent of the Agent shall be required) to replace the Affected Lender's ’s Commitment and any such replacement lender shall be novated into the Loan Documents in the place and stead of the Affected Lender.