Change of Lending Office; Replacement Lender. (a) Each Lender and each Issuing Bank agrees that upon the occurrence of any event giving rise to the operation of Section 3.05(c) or (d) or Section 3.08 with respect to such Lender or Issuing Bank, it will if so requested by the Borrower, use reasonable efforts (consistent with its internal policy and legal and regulatory restrictions) to designate a different Lending Office for any Loans or Letters of Credit affected by such event with the object of avoiding the consequence of the event giving rise to the operation of such Section; provided, however, that such designation would not, in the judgment of such Lender, be otherwise disadvantageous to such Lender. Nothing in this Section 3.13 shall affect or postpone any of the obligations of the Borrower or the right of any Lender or Issuing Bank provided in Section 3.05(c) or (d) or Section 3.08.
Appears in 4 contracts
Samples: Five Year Credit Agreement (Tyson Foods Inc), Three Year Credit Agreement (Tyson Foods Inc), Credit Agreement (Tyson Foods Inc)
Change of Lending Office; Replacement Lender. (a) Each Lender and each Issuing Bank agrees that upon the occurrence of any event giving rise to the operation of Section 3.05(c) or (d) or Section 3.08 with respect to such Lender or Issuing BankLender, it will if so requested by the Borrower, use reasonable efforts (consistent with its internal policy and legal and regulatory restrictions) to designate a different Lending Office for any Loans or Letters of Credit affected by such event with the object of avoiding the consequence of the event giving rise to the operation of such Section; provided, however, that such designation would not, in the judgment of such Lender, be otherwise disadvantageous to such Lender. Nothing in this Section 3.13 shall affect or postpone any of the obligations of the Borrower or the right of any Lender or Issuing Bank provided in Section 3.05(c) or (d) or Section 3.08.
Appears in 4 contracts
Samples: 364 Day Credit Agreement (Tyson Foods Inc), Five Year Credit Agreement (Tyson Foods Inc), 364 Day Credit Agreement (Tyson Foods Inc)
Change of Lending Office; Replacement Lender. (a) Each Lender and each Issuing Bank agrees that upon the occurrence of any event giving rise to the operation of Section 3.05(c) or (d) or Section 3.08 or 3.09 with respect to such Lender or Issuing BankLender, it will if so requested by the Borrower, use reasonable efforts (consistent with its internal policy and legal and regulatory restrictions) to designate a different Lending Office for any Loans or Letters of Credit affected by such event with the object of avoiding the consequence of the event giving rise to the operation of such Section; provided, however, that such designation would not, in the judgment of such Lender, be otherwise disadvantageous to such Lender. Nothing in this Section 3.13 3.14 shall affect or postpone any of the obligations of the Borrower or the right of any Lender or Issuing Bank provided in Section 3.05(c) or (d) or Section 3.083.08 or 3.09.
Appears in 2 contracts
Samples: Credit Agreement (Ibp Inc), Credit Agreement (Ibp Inc)
Change of Lending Office; Replacement Lender. (a) Each Lender and each Issuing Bank agrees that upon the occurrence of any event giving rise to the operation of Section 3.05(c3.05(a) or (dc) or Section 3.08 Sections 3.08, 3.09 or 3.11 with respect to such Lender or Issuing BankLender, it will if so requested by the Borrower, use reasonable efforts (consistent with its internal policy and legal and regulatory restrictions) to designate a different Lending Office for any Loans or Letters of Credit affected by such event with the object of avoiding the consequence of the event giving rise to the operation of such Section; provided, however, that such designation would not, in the judgment of such Lender, be otherwise disadvantageous to such Lender. Nothing in this Section 3.13 shall affect or postpone any of the obligations of the Borrower or the right of any Lender or Issuing Bank provided in Section 3.05(c3.05(a) or (dc) or Section 3.08, 3.09 or 3.11.
Appears in 1 contract
Change of Lending Office; Replacement Lender. (a) Each Lender and each Issuing Bank agrees that upon the occurrence of any event giving rise to the operation of Section 3.05(c3.05(a) or (dc) or Section 3.08 Sections 3.08, 3.09 or 3.11 with respect to such Lender or Issuing Bank, it will if so requested by the Borrower, use reasonable efforts (consistent with its internal policy and legal and regulatory restrictions) to designate a different Lending Office for any Loans or Letters of Credit affected by such event with the object of avoiding the consequence of the event giving rise to the operation of such Section; provided, however, that such designation would not, in the judgment of such Lender, be otherwise disadvantageous to such Lender. Nothing in this Section 3.13 shall affect or postpone any of the obligations of the Borrower or the right of any Lender or Issuing Bank provided in Section 3.05(c3.05(a) or (dc) or Section Sections 3.08, 3.09 or 3.11.
Appears in 1 contract
Samples: Credit Agreement (Tyson Foods Inc)