Consent of Borrower. The Borrower consents to the foregoing and agrees, to the extent it may effectively do so under applicable law, that any Lender acquiring a participation pursuant to the foregoing arrangements may exercise against the Borrower rights of set-off and counterclaim with respect to such participation as fully as if such Lender were a direct creditor of the Borrower in the amount of such participation.
Consent of Borrower. The Borrower consents to the foregoing and agrees, to the extent it may effectively do so under applicable law, that any Lender acquiring a participation pursuant to the foregoing arrangements may exercise against the Borrower rights of set-off and counterclaim with respect to such participation as fully as if such Lender were a direct creditor of the Borrower in the amount of such participation. The provisions of this Section 11.04 shall not be construed to apply to (i) any payment made by the Borrower pursuant to and in accordance with the express terms of this Agreement where such terms expressly provide for or contemplate non-ratable payments to a Lender or (ii) any payment obtained by a Lender pursuant to Section 2.18 or as consideration for any assignment or participation pursuant to Section 11.06.
Consent of Borrower. The Borrower consents to the foregoing and agrees, to the extent it may effectively do so under applicable law, that any Lender acquiring a participation pursuant to the foregoing arrangements may exercise against the Borrower rights of set-off and counterclaim with respect to such participation as fully as if such Lender were a direct creditor of the Borrower in the amount of such participation. The provisions of this Section 11.04 shall not be construed to apply to (i) any payment made by the Borrower pursuant to and in accordance with the express terms of this Agreement where such terms expressly provide for or contemplate non-ratable payments to a Lender or (ii) any payment obtained by a Lender pursuant to Section 2.18 or as consideration for any assignment or participation pursuant to Section 11.06. For purposes of clause (b) of the definition of Excluded Taxes, a Lender that acquires a participation pursuant to this Section 11.04 shall be treated as having acquired an interest in such participation on the earlier date on which it acquired the applicable interest(s) in the Commitment(s) or Loan(s) to which such participation relates.
Consent of Borrower. Anything contained herein to the contrary notwithstanding, a Supplemental Indenture executed and delivered in accordance with this Article VIII shall not become effective unless and until the Borrower shall consent in writing to the execution and delivery of that Supplemental Indenture.
Consent of Borrower. The Borrower hereby consents to the provisions of this Agreement.
Consent of Borrower. In the case of an assignment, so long as no Event of Default has occurred and is continuing, Borrower shall have consented to such Assignee (such consent not to be unreasonably withheld, conditioned or delayed), provided, that a Lender may assign or transfer any or all of its interest in the Loans to an Approved Fund without the consent of Borrower.
Consent of Borrower. The Borrower hereby consents to the foregoing Assignment.
Consent of Borrower. Anything herein to the contrary notwithstanding, a Supplemental Indenture under this Article shall not become effective unless and until the Borrower shall have consented to the execution and delivery of such Supplemental Indenture.
Consent of Borrower. Notwithstanding any contrary provisions in this Agreement, the prior written consent of the Borrower is required for an assignment or transfer by a Lender pursuant to this Clause to any person not being an Eligible Transferee, unless such assignment or transfer is made at a time when an Event of Default is continuing. In the event that consent of the Borrower is not required for an assignment or transfer pursuant to this Clause, the Facility Agent shall inform the Borrower of any such assignment or transfer promptly after such assignment or transfer.
Consent of Borrower. Borrower hereby acknowledges that the Subordinate Obligations are payable as stated herein, and agrees to make no payment of principal of or interest on the Subordinate Obligations, so long as Borrower shall be indebted to Senior Lender, except (a) Permitted Payments, (b) Equity Payments and (c) such payments as may be made with the prior written consent of Senior Lender. If
(i) Borrower makes any payment of the Subordinate Obligations, except such payments as are permitted herein or (ii) any term of this Agreement is breached by Borrower in any material respect, then, notwithstanding any contrary provisions of the Senior Loan Agreement, Senior Lender may, at its sole election, declare all or any portion of the Senior Obligations to be immediately due and payable without demand or notice of any kind.
