CONSENT TO SYNDICATION Sample Clauses

CONSENT TO SYNDICATION. The Borrower and the Guarantor understand and acknowledge that Agent may syndicate the Loans to one or more other lending institutions. The Borrower and the Guarantor consent, subject to the confidentiality requirements of Section 16.15 below, to the Agent's distribution to interested lending institutions of all financial information and other data in Agent's possession concerning Borrower and the Guarantor, including data prepared by or for Borrower and the Guarantor, so that the interested lending institution(s) may evaluate the Loans and the Collateral. The Agent will provide notice to the Borrower of the lending institutions that are distributed financial data concerning Borrower and the Guarantor. The Borrower and the Guarantor agree to enter into an amendment of this Agreement and any of the Related Documents in order to facilitate such syndication; provided, however, any syndication prior to the occurrence of an Event of Default will require the Borrower's consent, which consent shall not be unreasonably withheld. In addition, the Agent is expressly authorized to seek additional lending institutions to become a lender hereunder to fund any increase to the Line of Credit Loan Commitment.
Sample 1
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CONSENT TO SYNDICATION. The Borrower and the Guarantor understand and acknowledge that the Lender may syndicate the Loans to one or more other lending institutions. The Borrower and the Guarantor consent, subject to the confidentiality requirements of Section 15.14 below, to the Lender's distribution to interested lending institutions of all financial information and other data in Lender's possession concerning Borrower and the Guarantor, including data prepared by or for Borrower and the Guarantor, so that the interested lending institution(s) may evaluate the Loans and the Collateral. The Lender will provide notice to the Borrower of the lending institutions that are distributed financial data concerning Borrower and the Guarantor. The Borrower and the Guarantor agree to enter into an amendment or restatement of this Agreement and any of the Related Documents in order to facilitate such syndication; provided, however, any syndication prior to the occurrence of an Event of Default will require the Borrower's consent, which consent shall not be unreasonably withheld. In addition, the Lender is expressly authorized to seek additional lending institutions to become a lender hereunder to fund any increase to the Borrowing Base Amount.
Sample 1
CONSENT TO SYNDICATION. The Borrower and the Guarantor understand and acknowledge that Bank intends to syndicate the Loans to one or more lending institutions. The Borrower and the Guarantor consent to Bank's distribution to interested lending institutions of all financial information and other data in Bank's possession concerning Borrower and/or Guarantor, including data prepared by or for Borrower and/or Guarantor, so that the interested lending institution(s) may evaluate the Loans and the Collateral. The Bank will provide notice to the Borrower of the lending institutions that are distributed financial data by Bank concerning Borrower and/or Guarantor. The Borrower and the Guarantor agree to enter into an amendment of this Agreement and any of the Related Documents in order to facilitate such syndication. Further, to the extent necessary or desirable by Bank, the Borrower and the Guarantor agree and understand that the Collateral Documents may be in favor of the "Bank as Agent" in order to accomplish such syndication.
Sample 1
CONSENT TO SYNDICATION. The Borrower and the Guarantor understand and acknowledge that the Administrative Agent may syndicate the Loans to one or more other lending institutions. The Borrower and the Guarantor consent to Administrative Agent's distribution to interested lending institutions of all financial information and other data in Administrative Agent's possession concerning Borrower and/or Guarantor, including data prepared by or for Borrower and/or Guarantor, so that the interested lending institution(s) may evaluate the Loans and the Collateral. The Administrative Agent will provide notice to the Borrower of the lending institutions that are distributed financial data by Administrative Agent concerning Borrower and/or Guarantor. The Borrower and the Guarantor agree to enter into an amendment of this Agreement and any of the Related Documents in order to facilitate such syndication. In addition, the Administrative Agent is expressly authorized to seek additional lending institutions to become Lenders hereunder to fund any increase to the Borrowing Base Amount.
Sample 1
CONSENT TO SYNDICATION. Subject to Borrower’s prior written consent, which consent may not be unreasonably withheld or delayed, Lender may syndicate the loans to one or more other lending institutions. Borrower consents, subject to the recipient’s written agreement to comply with the confidentiality requirements of Section 13.14 below, to Lender’s distribution to interested lending institutions of all financial information and other data in Lender’s possession concerning Borrower, including data prepared by or for Borrower, so that the interested lending institution(s) may evaluate the loans and the Collateral. Lender will provide notice to Borrower of the lending institutions that are distributed financial data concerning Borrower. Borrower agrees to enter into an amendment or restatement of this Agreement and any of the Related Documents in order to facilitate such permitted syndication.
Sample 1

Related to CONSENT TO SYNDICATION

  • CONSENT TO AGREEMENT You acknowledge receipt of a copy of this Agreement. By signing the application; or by using Your Account or any Account access device; or by authorizing another to use Your Account, You agree to and accept its terms.

  • Consent to Service Each party irrevocably consents to the service of process by registered or certified mail, postage prepaid, to it at its address given pursuant to Article XVIII hereof.

  • Amendment to Schedule The Grantor authorizes the Collateral Agent to modify this Agreement and the Assignments of Trademarks, without the necessity of such Grantor’s further approval or signature, by amending Schedule A hereto and the Annex to each Assignment of Trademarks to include any future or other Trademarks, Trademark Licenses, Trade Secrets or Trade Secret Licenses that become part of the Trademark Collateral under Section 2 or Section 3.1.

  • Amendment to Exhibit A to Services Agreement Solely with respect to Accounts that are not investment companies registered under the 1940 Act, the section of Exhibit A to the Services Agreement entitled “Administration and Risk Management” shall be, and hereby is, deleted in its entirety and replaced with the following:

  • Consent to Suit In the case of any dispute under or in connection with this Agreement, the Indemnitee may only bring suit against the Corporation in the Court of Chancery of the State of Delaware. The Indemnitee hereby consents to the exclusive jurisdiction and venue of the courts of the State of Delaware, and the Indemnitee hereby waives any claim the Indemnitee may have at any time as to forum non conveniens with respect to such venue. The Corporation shall have the right to institute any legal action arising out of or relating to this Agreement in any court of competent jurisdiction. Any judgment entered against either of the parties in any proceeding hereunder may be entered and enforced by any court of competent jurisdiction.

  • Waiver of Notice and Demand The Guarantor hereby waives notice of acceptance of this Guarantee and of any liability to which it applies or may apply, presentment, demand for payment, any right to require a proceeding first against the Issuer or any other Person before proceeding against the Guarantor, protest, notice of nonpayment, notice of dishonor, notice of redemption and all other notices and demands.

  • Amendment to Schedules Schedule 2.01 of the Credit Agreement shall be and it hereby is amended in its entirety by substituting Schedule 2.01 attached hereto.

  • Consent to Collateral Assignment Subject to the provisions of this Section 9.05, Seller may (but is not obligated to) assign this Agreement as collateral to a Lender for any financing or refinancing of the Generating Facility, including a Sale-Leaseback Transaction or Equity Investment and, in connection therewith, Buyer shall in good faith work with Seller and Lender to agree upon a consent to a collateral assignment of this Agreement or to a Sale-Leaseback Transaction or Equity Investment, as applicable (“Collateral Assignment Agreement”). The Collateral Assignment Agreement shall be in form and substance reasonably agreed to by Xxxxx, Seller and Lender, and shall include, among others, the following provisions (together with such other commercially reasonable provisions required by any Lender that are reasonably acceptable to Buyer): Buyer shall give, to the Person(s) to be specified by Lender in the Collateral Assignment Agreement, simultaneously with the Notice to Seller and before exercising its right to terminate this Agreement, written Notice of any event or circumstance known to Buyer which would, if not cured within the applicable cure period specified in Article VI, constitute an Event of Default (an “Incipient Event of Default”); Lender shall have the right to cure an Incipient Event of Default or an Event of Default by Seller in accordance with the same provisions of this Agreement as apply to Seller; Following an Event of Default by Seller under this Agreement, Buyer may require Seller to (although Lender may, but shall have no obligation, subject to 9.05(g)) provide to Buyer a report concerning: The status of efforts by Seller or Lender to develop a plan to cure the Event of Default; Impediments to the cure plan or its development; If a cure plan has been adopted, the status of the cure plan’s implementation (including any modifications to the plan as well as the expected timeframe within which any cure is expected to be implemented); and Any other information which Buyer may reasonably require related to the development, implementation and timetable of the cure plan; Seller or Lender shall provide the report to Buyer within 10 Business Days after Notice from Buyer requesting the report. Buyer shall have no further right to require the report with respect to a particular Event of Default after that Event of Default has been cured; Lender shall have the right to cure an Event of Default or Incipient Event of Default on behalf of Seller, only if Xxxxxx sends a written notice to Buyer before the end of any cure period indicating Xxxxxx’s intention to cure. Lender may remedy or cure the Event of Default or Incipient Event of Default within the cure period under this Agreement. Such cure period for Lender shall be extended for each day Buyer does not provide the Notice to Lender referred to in Section 9.05(a). In addition, such cure period may, in Buyer’s reasonable discretion, be extended by no more than an additional 180 days. If possession of the Generating Facility is necessary to cure such Incipient Event of Default or Event of Default, Lender has commenced foreclosure proceedings within 60 days after receipt of such Notice from Buyer, and Lender is making diligent and consistent efforts to complete such foreclosure, take possession of the Generating Facility and promptly cure the Incipient Event of Default or Event of Default, Lender or its designee(s) or assignee(s) will be allowed a reasonable period of time to complete such foreclosure proceedings, take possession of the Generating Facility and cure such Incipient Event of Default or Event of Default, not to exceed 180 days after Xxxxxx’s commencement of foreclosure. Additionally, if Lender is prohibited from curing any Incipient Event of Default or Event of Default by any process, stay or injunction issued by a Governmental Authority or pursuant to any bankruptcy, insolvency or similar proceedings, then the time period for curing such Incipient Event of Default or Event of Default shall be extended for the period of the prohibition provided that Lender is exercising reasonable diligence in having such process, stay or injunction removed; Lender shall have the right to consent before any termination of this Agreement which does not arise out of an Event of Default or the end of the Term; Lender shall receive prior Notice of, and shall have the right to approve material amendments to this Agreement, which approval may not be unreasonably withheld, delayed or conditioned; In the event Lender, directly or indirectly, takes title to the Generating Facility (including title by foreclosure or deed in lieu of foreclosure), the Person taking title to the Generating Facility shall assume all of Seller’s obligations arising under this Agreement and all related agreements (subject to such limits on liability as are mutually agreed to by Seller, Buyer and Lender as set forth in the Collateral Assignment Agreement); provided, however, that Lender (or such Person) shall have no liability for any monetary obligations of Seller under this Agreement which are due and owing to Buyer as of the assumption date (but this provision may not be interpreted to limit Buyer’s rights to proceed against Seller as a result of an Event of Default) and Lender’s (or such Person’s) liability to Buyer after such assumption shall be limited to its interest in the Generating Facility; provided further, that before such assumption, if Buyer advises Lender (or such Person) that Buyer will require that Lender (or such Person) cure (or cause to be cured) one or more monetary or non-monetary Incipient Event(s) of Default or Event(s) of Default existing as of the date such Person takes title in order to avoid the exercise by Buyer (in its sole discretion) of Buyer’s right to terminate this Agreement with respect to such Incipient Event(s) of Default or Event(s) of Default, then Lender (or such Person) at its option and in its sole discretion may elect to either (i) cause such Incipient Event(s) of Default or Event of Default to be cured, or (ii) not assume this Agreement; If Lender has assumed this Agreement as provided in Section 9.05(h) and elects to sell or transfer the Generating Facility (after Lender directly or indirectly, takes title to the Generating Facility), or sale of the Generating Facility occurs through the actions of Lender or an agent of or representative of Lender (excluding any foreclosure sale where a third party other than Lender, Seller, an Related Entity of Lender or an Related Entity of Seller is the buyer), then Lender must cause the transferee or buyer to assume all of Seller’s obligations arising under this Agreement and all related agreements as a condition of the sale or transfer excluding, however, a foreclosure (unless the transferee or buyer is Lender, Seller, an Related Entity of Lender or an Related Entity of Seller). Lender shall be released from all further obligations under the Agreement and all related documents following such assumption. Such sale or transfer (excluding a foreclosure) may be made only to a Person reasonably acceptable to Buyer; and If this Agreement is rejected in Seller’s Bankruptcy or otherwise terminated in connection therewith and if Lender or its representative or designee, directly or indirectly, takes title to the Generating Facility, then, at the request of either Buyer or Lender, Buyer and Lender (or its designee or representative) shall promptly enter into a new agreement with Buyer having substantially the same terms as this Agreement for the term that would have been remaining under this Agreement, provided that Lender’s (or its designee’s or representative’s) liability under such new agreement shall be limited to its interest in the Generating Facility and neither Lender (or its designee or representative) nor Buyer shall have any personal liability to the other for any amounts owing and neither Buyer nor Lender (or its designee or representative) shall have any obligation to cure any defaults under the original Agreement that was rejected in, or otherwise terminated in connection with Seller’s Bankruptcy.

  • Amendment to Schedule 1 1(b). Schedule 1.1(b) to the Credit Agreement is hereby amended and restated in its entirety to read as provided on Schedule 1.1(b) attached hereto.

  • Consent to Disclosure Each Company Shareholder consents to and authorizes the Company or SPAC, as applicable, to publish and disclose in all documents and schedules filed with the SEC or any other Governmental Entity or applicable securities exchange, and any press release or other disclosure document that the Company or SPAC, as applicable, reasonably determines to be necessary or advisable in connection with the Mergers or any other transactions contemplated by the Merger Agreement or this Agreement, such Company Shareholder’s identity and ownership of such Company Shareholder’s Subject Shares, the existence of this Agreement and the nature of such Company Shareholder’s commitments and obligations under this Agreement, and such Company Shareholder acknowledges that the Company or SPAC may, in their sole discretion, file this Agreement or a form hereof with the SEC or any other Governmental Entity or securities exchange. Such Company Shareholder agrees to promptly give the Company or SPAC, as applicable, any information that is in its possession that the Company or SPAC, as applicable, may reasonably request for the preparation of any such disclosure documents, and such Company Shareholder agrees to promptly notify the Company and SPAC of any required corrections with respect to any written information supplied by it specifically for use in any such disclosure document, if and to the extent that such Company Shareholder shall become aware that any such information shall have become false or misleading in any material respect.

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