Consent of Banks. (a) Subject to this Section 9.15, Agent shall have the sole and exclusive right to service, administer and monitor the Loans and the Loan Documents, including without limitation, the right to exercise all rights, remedies, privileges and options under the Loan Documents.
(b) Notwithstanding anything to the contrary contained in subparagraph (a) above, Agent shall not, without the prior written consent of all Lenders: (i) extend or renew the Current Term or, any payment date under the Credit Facility, (ii) decrease any interest rate on the Credit Facility, (iii) compromise or settle all or a portion of the Obligations, (iv) release any obligor from the Obligations except in connection with termination of the Credit Facility and full payment and satisfaction of all Obligations, (v) increase the Borrowing Base advance rate, (vi) modify Section 9.15(b) or (c), or (vii) increase the Maximum Credit Limit; provided however that Agent may increase the Maximum Credit Limit by first offering the amount of any such increase to each of the Lenders in accordance with their respective Pro Rata Percentage. To the extent any Lender(s) may choose not to increase its/their respective Pro Rata Shares by the amount attributable to its/their Pro Rata Percentage of such increase, such amount will be offered to the other Lenders on such sharing basis as Agent may reasonably establish. After each Lender choosing to increase its Pro Rata Share has agreed to do so, and in conjunction with the modification of this Agreement to reflect such increase executed by those Lenders sharing in the increase of the Credit Facility, the Lenders' Pro Rata Percentages will be adjusted accordingly and all Lenders (whether or not sharing in such increase) shall be bound by such modification.
(c) Notwithstanding anything to the contrary contained in subparagraph (a) above and subject to the terms of subparagraph (b) above, Agent shall not, without the prior written consent of all Lenders: (i) enter into any written amendment to any of the Loan Documents; (ii) waive Borrower's compliance with the terms and conditions of the Loan Documents or any Event of Default hereunder or thereunder; (iii) consent to Borrower taking any action which, if taken, would constitute an Event of Default under this Agreement or under any of the Loan Documents; or (iv) release any Collateral other than Collateral which Borrower seeks to have released from the Agent's lien (for the benefit of Lenders) in the ordinary course...
Consent of Banks. The Company shall use its reasonable efforts to promptly obtain from Bankers Trust Company, as Agent for the banks party to the Company Credit Agreement, a consent of the Required Banks (as defined in the Company Credit Agreement) to the transactions contemplated hereby and a waiver of any defaults or required prepayments under the Company Credit Agreement caused hereby; provided, however, no payment or accommodation shall be made by the Company in connection with obtaining the foregoing without the Purchasers' consent.
Consent of Banks. The banks set forth on Schedule 6.3(g) shall have (i) consented in writing to the transactions contemplated by this Agreement and the Restructuring and (ii) waived in writing any right they may have to require an early repayment of the facilities granted by them as a result of this Agreement and the Ancillary Agreements and the transactions contemplated hereby and thereby, or otherwise, and the Seller shall have delivered such documentation to the Buyer and such documentation shall remain in full force and effect.
Consent of Banks. 61 9.16 Participations and Assignments.............................................................63
Consent of Banks. Pursuant to Section 11.01 of the Credit Agreement, this Twenty-First Amendment shall require the written consent of the Required Banks, which shall be evidenced by the execution and delivery by the Required Banks to the Agent of counterparts of this Twenty-First Amendment.
Consent of Banks. Bank One and PNC consent to the modifications in the Amended Credit Agreement set forth in paragraph 3 above. Fifth Third continues to be solely responsible for the Revolving Credit Commitment as provided in the Intercreditor Agreement.
Consent of Banks. On or prior to the Closing Date, each of Borrower and the Banks shall have duly executed and delivered this Agreement.
Consent of Banks. The Company shall have received any consent required by the NCNB Agreement and delivered a copy thereof to each Purchaser.
Consent of Banks. The Agent hereby confirms to MBIA that ----------- ---------------- it has received the consent of all Banks (to the extent required under the Restated Credit Agreement) to the modifications to the Restated Credit Agreement set forth in this Amendment. ARTICLE II
Consent of Banks. 4.1 Consent to Assumption by New Guarantors. Banks hereby consent to Borrower's formation and capitalization of
(a) Continental Homes of Dallas, L.P., a Texas limited partnership ("CHD"), and its constituent partners CHTEX of Dallas, Inc., a Delaware corporation, and CH Investments of Texas, Inc., a Delaware corporation;
(b) Continental Homes of San Antonio, L.P., a Texas limited partnership ("CHS"), and its constituent partners CHTEX of San Antonio, Inc., a Delaware corporation, and CH Investments of Texas III, Inc., a Delaware corporation; and
(c) Continental Homes of Austin, L.P., a Texas limited partnership ("CHA") and its constituent partners CHTEX of Austin, Inc., a Delaware corporation, and CH Investments of Texas II, Inc., a Delaware corporation. Banks hereby consent to the addition of CHD, CHS and CHA as Guarantors under the Credit Facility, and the assumption by CHD, CHS and CHA of the obligations of a Guarantor as set forth in the attached Consent and Agreement of Guarantor.
