Changes in Underwriting or Other Policies; Certain Methodologies. (a) Company shall not agree to, and shall cause Seller not to, make any change or modification to the Underwriting Policies without providing prior written notice thereof to the Administrative Agent and each Lender (collectively, the “Notice Parties”). Company shall not agree to, and shall cause Seller not to, make any Material Underwriting Policy Change (i) where such change makes such policies more restrictive with regard to Leases, without the prior written consent of the Administrative Agent and the Requisite Lenders; provided, however, if such written consent shall not have been obtained within five (5) Business Days following request therefor by Company or Seller, Administrative Agent and the Requisite Lenders shall be deemed to have consented thereto, and (ii) with respect to all other changes with the prior written consent of the Administrative Agent and the Requisite Lenders, provided, however, if such written consent shall not have been obtained within seven (7) Business Days following request therefor by Company or Seller, Administrative Agent and the Requisite Lenders shall be deemed to have consented thereto. (b) Company shall not agree to, and shall cause Servicer not to, make any change or modification to the Collections Policies without providing prior written notice thereof to the Administrative Agent and each Lender (collectively, the “Notice Parties”). Company shall not agree to, and shall cause Servicer not to, make any Material Collection Policy Change without the prior written consent of the Administrative Agent and the Requisite Lenders, provided, however, if such written consent shall not have been obtained within seven (7) Business Days following request therefor by Company or Servicer, Administrative Agent and the Requisite Lenders shall be deemed to have consented thereto.
Appears in 2 contracts
Samples: Credit Agreement (FlexShopper, Inc.), Omnibus Amendment (FlexShopper, Inc.)
Changes in Underwriting or Other Policies; Certain Methodologies. (a) Company shall not agree to, and shall cause Seller Holdings not to, make any change or modification to the Underwriting Policies without providing prior written notice thereof to the Administrative Agent, each Class A Managing Agent and each Class B Lender (collectively, the “Notice Parties”). Company shall not agree to, and shall cause Seller Holdings not to, make any Material Underwriting Policy Change, including any change or modification to the Underwriting Policies of which the Notice Parties receives written notice that either the Administrative Agent or the Requisite Class B Lenders, in the exercise of their respective Permitted Discretion, determines to be a Material Underwriting Policy Change and notifies Company of such determination within seven (i7) where Business Days of their receipt of such change makes such policies more restrictive with regard to Leasesnotice, without the prior written consent of the Administrative Agent Requisite Class A Lenders and the Requisite Lenders; providedClass B Lenders (such consent not to be unreasonably withheld, however, if such written consent shall not have been obtained within five (5) Business Days following request therefor by Company conditioned or Seller, Administrative Agent and the Requisite Lenders shall be deemed to have consented thereto, and (ii) with respect to all other changes with the prior written consent of the Administrative Agent and the Requisite Lenders, provided, however, if such written consent shall not have been obtained within seven (7) Business Days following request therefor by Company or Seller, Administrative Agent and the Requisite Lenders shall be deemed to have consented thereto.
(b) Company shall not agree to, and shall cause Servicer not to, make any change or modification to the Collections Policies without providing prior written notice thereof to the Administrative Agent and each Lender (collectively, the “Notice Parties”delayed). Company shall not agree to, and shall cause the Servicer not to, make any Material Collection Policy Change change to the Servicer’s methodology for calculating the unpaid principal balance of Pledged Receivables without the prior written consent of the Administrative Agent Requisite Class A Lenders and the Requisite LendersClass B Lenders (such consent not to be unreasonably withheld, provided, however, if such written consent shall not have been obtained within seven (7) Business Days following request therefor by Company conditioned or Servicer, Administrative Agent and the Requisite Lenders shall be deemed to have consented theretodelayed).
Appears in 2 contracts
Samples: Credit Agreement (On Deck Capital Inc), Credit Agreement (On Deck Capital Inc)
Changes in Underwriting or Other Policies; Certain Methodologies. (a) Company shall not agree to, and shall cause Seller Holdings not to, make any change or modification to the Underwriting Policies without providing prior written notice thereof to the Administrative Agent, each Class A Managing Agent and each Lender the Class B Agent (collectively, the “Notice Parties”). Company shall not agree to, and shall cause Seller Holdings not to, make any Material Underwriting Policy Change, including any change or modification to the Underwriting Policies of which the Notice Parties receives written notice that either the Administrative Agent or the Requisite Class B Revolving Lenders, in the exercise of their respective Permitted Discretion, determines to be a Material Underwriting Policy Change and notifies Company of such determination within seven (i7) where Business Days of their receipt of such change makes such policies more restrictive with regard to Leasesnotice, without the prior written consent of the Administrative Agent Requisite Class A Lenders and the Requisite Lenders; providedClass B Revolving Lenders (such consent not to be unreasonably withheld, however, if such written consent shall not have been obtained within five (5) Business Days following request therefor by Company conditioned or Seller, Administrative Agent and the Requisite Lenders shall be deemed to have consented thereto, and (ii) with respect to all other changes with the prior written consent of the Administrative Agent and the Requisite Lenders, provided, however, if such written consent shall not have been obtained within seven (7) Business Days following request therefor by Company or Seller, Administrative Agent and the Requisite Lenders shall be deemed to have consented thereto.
(b) Company shall not agree to, and shall cause Servicer not to, make any change or modification to the Collections Policies without providing prior written notice thereof to the Administrative Agent and each Lender (collectively, the “Notice Parties”delayed). Company shall not agree to, and shall cause the Servicer not to, make any Material Collection Policy Change change to the Servicer’s methodology for calculating the unpaid principal balance of Pledged Receivables without the prior written consent of the Administrative Agent Requisite Class A Lenders and the Requisite LendersClass B Revolving Lenders (such consent not to be unreasonably withheld, provided, however, if such written consent shall not have been obtained within seven (7) Business Days following request therefor by Company conditioned or Servicer, Administrative Agent and the Requisite Lenders shall be deemed to have consented theretodelayed).
Appears in 2 contracts
Samples: Credit Agreement (On Deck Capital, Inc.), Credit Agreement (On Deck Capital, Inc.)
Changes in Underwriting or Other Policies; Certain Methodologies. (a) Company shall not agree to, and shall cause Seller not to, make any material change or modification to the Underwriting Policies and Company shall not agree to, and shall cause FlexLending and the Bank Partner not to, make any material change or modification to the Bank Partner Credit Policies, in each case, without providing prior written notice thereof to the Administrative Agent and each Lender (collectively, the “Notice Parties”). Company shall not agree to, and shall cause Seller Seller, FlexLending and Bank Partner not to, make any Material Underwriting Policy Change (i) where such change makes such policies more restrictive with regard to LeasesLeases or Retail Loans, without the prior written consent of the Administrative Agent and the Requisite Lenders; provided, however, if such written consent shall not have been obtained within five (5) Business Days following request therefor by Company Company, Seller, FlexLending or SellerBank Partner, Administrative Agent and the Requisite Lenders shall be deemed to have consented thereto, and (ii) with respect to all other changes with the prior written consent of the Administrative Agent and the Requisite Lenders, provided, however, if such written consent shall not have been obtained within seven (7) Business Days following request therefor by Company or Seller, Administrative Agent and the Requisite Lenders shall be deemed to have consented thereto.
(b) Company shall not agree to, and shall cause Servicer not to, make any material change or modification to the Collections Policies without providing prior written notice thereof to the Administrative Agent and each Lender (collectively, the “Notice Parties”). Company shall not agree to, and shall cause Servicer not to, make any Material Collection Policy Change without the prior written consent of the Administrative Agent and the Requisite Lenders, provided, however, if such written consent shall not have been obtained within seven (7) Business Days following request therefor by Company or Servicer, Administrative Agent and the Requisite Lenders shall be deemed to have consented thereto.
(c) Company shall not agree to, and shall cause Seller not to, amend, restate, supplement or modify in any material respect any Lease Agreement form or Retail Loan Agreement form without providing prior written notice thereof to the Administrative Agent and each Lender and obtaining the consent thereto of the Requisite Lenders.
Appears in 2 contracts
Samples: Credit Agreement (FlexShopper, Inc.), Credit Agreement (FlexShopper, Inc.)
Changes in Underwriting or Other Policies; Certain Methodologies. (a) Company shall not agree to, and shall cause Seller Holdings not to, make any change or modification to the Underwriting Policies without providing prior written notice thereof to the Administrative Agent, each Class A Managing Agent and each Class B Revolving Lender (collectively, the “Notice Parties”). Company shall not agree to, and shall cause Seller Holdings not to, make any Material Underwriting Policy Change, including any change or modification to the Underwriting Policies of which the Notice Parties receives written notice that either the Administrative Agent or the Requisite Class B Revolving Lenders, in the exercise of their respective Permitted Discretion, determines to be a Material Underwriting Policy Change and notifies Company of such determination within seven (i7) where Business Days of their receipt of such change makes such policies more restrictive with regard to Leasesnotice, without the prior written consent of the Administrative Agent Requisite Class A Lenders and the Requisite Lenders; providedClass B Revolving Lenders (such consent not to be unreasonably withheld, however, if such written consent shall not have been obtained within five (5) Business Days following request therefor by Company conditioned or Seller, Administrative Agent and the Requisite Lenders shall be deemed to have consented thereto, and (ii) with respect to all other changes with the prior written consent of the Administrative Agent and the Requisite Lenders, provided, however, if such written consent shall not have been obtained within seven (7) Business Days following request therefor by Company or Seller, Administrative Agent and the Requisite Lenders shall be deemed to have consented thereto.
(b) Company shall not agree to, and shall cause Servicer not to, make any change or modification to the Collections Policies without providing prior written notice thereof to the Administrative Agent and each Lender (collectively, the “Notice Parties”delayed). Company shall not agree to, and shall cause the Servicer not to, make any Material Collection Policy Change change to the Servicer’s methodology for calculating the unpaid principal balance of Pledged Receivables without the prior written consent of the Administrative Agent Requisite Class A Lenders and the Requisite LendersClass B Revolving Lenders (such consent not to be unreasonably withheld, provided, however, if such written consent shall not have been obtained within seven (7) Business Days following request therefor by Company conditioned or Servicer, Administrative Agent and the Requisite Lenders shall be deemed to have consented theretodelayed).
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