Decisions of Majority Lenders. (1) The procedures for decisions of the Majority Lenders shall be as follows: (i) When an event requiring the instruction of the Majority Lenders under this Agreement occurs, a Lender may give a notice to the Agent to request a decision of the Majority Lenders. (ii) The Agent shall, upon receipt of a notice under the preceding Item, immediately give to all Lenders a notice that it will seek a decision of the Majority Lenders. (iii) Each Lender shall, upon receipt of the notice under the preceding Item, make its decision on the relevant event and inform the Agent of such decision within a reasonable period designated by the Agent (in principle, by five (5) Business Days after the receipt of the notice under the preceding Item). (iv) If a decision of the Majority Lenders is made pursuant to the preceding three (3) Items, the Agent shall immediately notify the Borrower, the Guarantor and all Lenders of such decision as the instruction by the Majority Lenders. (2) In addition to the preceding Paragraph, in the case where the Agent itself decides that an event which requires a decision of the Majority Lenders has occurred, the Agent may give all Lenders a notice to seek such decision. The procedures after giving such notice shall follow the provisions of Items (iii) and (iv) of the preceding Paragraph. (3) The Lenders shall not individually make any claim against the Guarantor for the performance of guarantee obligations under the Guarantee without a decision by the Majority Lenders. In making a claim for the performance of the guarantee obligation, a Lender shall make it through the Agent, and other Lenders shall cooperate with such Lender, and the Borrower shall cause making a claim for the Guarantor to cooperate.
Appears in 2 contracts
Samples: Syndicated Loan Agreement (Amkor Technology, Inc.), Syndicated Loan Agreement
Decisions of Majority Lenders. (1) The procedures for decisions of the Majority Lenders shall be as follows:
(i) When an event requiring the instruction of the Majority Lenders under this Agreement the Relevant Agreements occurs, a Lender may give a notice to the Agent to request a decision of the Majority Lenders.
(ii) The Agent shall, upon receipt of a notice under the preceding Item, immediately give to all Lenders a notice that it will seek a decision of the Majority Lenders.
(iii) Each Lender shall, upon receipt of the notice under the preceding Item, make its decision on the relevant event and inform the Agent of such decision within a reasonable period designated by the Agent (in principle, by five (5) Business Days after the receipt of the notice under the preceding Item).
(iv) If a decision of the Majority Lenders is made pursuant to the preceding three (3) Items, the Agent shall immediately notify the Borrower, the Guarantor Guarantors and all Lenders of such decision as the instruction by the Majority Lenders.
(2) In addition to the preceding Paragraph, in the case where the Agent itself decides that an event which requires a decision of the Majority Lenders has occurred, the Agent may give all Lenders a notice to seek such decision. The procedures after giving such notice shall follow the provisions of Items (iii) and (iv) of the preceding Paragraph.
(3) The Lenders shall not individually make any claim against the Guarantor Guarantors for the performance of guarantee obligations under the Guarantee Guarantees without a decision by the Majority Lenders. In making a claim for the performance of the guarantee obligation, a Lender shall make it through the Agent, and other Lenders shall cooperate with such Lender, and the Borrower shall cause making a claim for the Guarantor Guarantors to cooperate.
Appears in 1 contract
Decisions of Majority Lenders. (1) The procedures for seeking decisions of the Majority Lenders shall be as follows:
(i) When an event requiring the instruction of the Majority Lenders under this Agreement occurs, a Lender may give a notice to the Agent to request a decision of the Majority Lenders.
(ii) The Agent shall, upon receipt of a notice under the preceding Item, immediately give to all Lenders a notice that it will seek a decision of the Majority Lenders.
(iii) Each Lender shall, upon receipt of the notice under the preceding Item, make its decision on the relevant event and inform the Agent of such decision within a reasonable period designated by the Agent (in principle, by five (5) Business Days after the receipt of the notice under the preceding Item).
(iv) If a decision of the Majority Lenders is made pursuant to the preceding three (3) Items, the Agent shall immediately notify the Borrower, the Guarantor Borrower and all Lenders of such decision as the instruction by the Majority Lenders.
(2) In addition to the preceding Paragraph, in the case where the Agent itself decides that an event which requires a decision of the Majority Lenders has occurred, the Agent may give all Lenders a notice to seek such decision. The procedures after giving such notice shall follow the provisions of Items (iii) and (iv) of the preceding Paragraph.
(3) The Lenders shall not individually make any claim against the Guarantor for the performance of guarantee obligations under the Guarantee without a decision by the Majority Lenders. In making a claim for the performance of the guarantee obligation, a Lender shall make it through the Agent, and other Lenders shall cooperate with such Lender, and the Borrower shall cause making a claim for the Guarantor to cooperate.
Appears in 1 contract
Samples: Subordinated Syndicated Loan Agreement (Takeda Pharmaceutical Co LTD)