Departing Banks Sample Clauses

Departing Banks. Upon the effectiveness hereof, each Departing Bank’s “Commitment” under the Existing Credit Agreement shall be terminated, each Departing Bank shall have received payment in full of all of the obligations under the Existing Credit Agreement (other than obligations to pay fees and expenses with respect to which the Borrower has not received an invoice, contingent indemnity obligations and other contingent obligations owing to it under the “Loan Documents” as defined in the Existing Credit Agreement) and the Departing Banks shall not be Banks hereunder.

Departing Banks. XXXXXXX XXXXXXX BANK, as a Departing Bank By: /s/Xxxxxxxxx Xxxxx Name: Xxxxxxxxx Xxxxx Title: Senior Vice President HSBC BANK USA, N.A., as a Departing Bank By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Head of CSTF, North America CREDIT AGRICOLE CORPORATE & INVESTMENT BANK, as a Departing Bank and a resigning Issuing Bank By: /s/ Zali Win Name: Zali Win Title: Managing Director By: /s/ Xxxxxx Raguenez Name: Xxxxxx Raguenez Title: Head of ITB Americas 4823-5726-1249, v. 6 4823-5726-1249, v. 6 Coӧperatieve Rabobank U.A., New York Branch $40,000,000 $17,066,667 21.333333% Woodforest National Bank $35,000,000 $14,933,334 18.666667% BOKF, NA (dba Bank of Texas) $32,500,000 $13,866,667 17.333332% BancorpSouth Bank $20,000,000 $8,533,333 10.666667% Origin Bank $20,000,000 $8,533,333 10.666667% Veritex Community Bank (fka Green Bank) $20,000,000 $8,533,333 10.666667% Zions Bancorporation, N.A. dba Amegy Bank $20,000,000 $8,533,333 10.666667% 4823-5726-1249, v. 6 See attached. 4823-5726-1249, v. 6 See attached. 4823-5726-1249, v. 6 See attached. 4823-5726-1249, v. 6 See attached. 4823-5726-1249, v. 6 See attached. 4823-5726-1249, v. 6 See attached. 4823-5726-1249, v. 6 The undersigned hereby: i.reaffirms the terms, conditions and obligations under and pursuant to the Subordination and Intercreditor Agreement dated as of May 19, 2017 (as amended, supplemented or otherwise modified from time to time, the “Subordination Agreement”) among the Parent, certain of the Co-Borrowers, Coöperatieve Rabobank U.A., New York Branch as Senior Agent (as defined in the Subordination Agreement) and the undersigned as Junior Creditor (as defined in the Subordination Agreement);

Departing Banks. Certain Banks have agreed that they shall no longer constitute Banks hereunder as of the Effective Date (each, a “Departing Bank”). Each Bank that executes and delivers a signature page hereto that identifies it as a Departing Bank shall constitute a Departing Bank as of the Effective Date. No Departing Bank shall have a Commitment on and after the Effective Date. Each Departing Bank shall cease to be a party hereto as of the Effective Date, with no rights, duties or obligations hereunder. All amounts owing to a Departing Bank shall be paid by the Borrower to such Departing Bank as of the Effective Date. The consent of a Departing Bank is not required to give effect to the changes contemplated hereby. The Administrative Agent is hereby authorized to take such steps hereunder as reasonably required to give effect to the departure of the Departing Banks, including, without limitation, reallocating outstanding obligations among the remaining Banks ratably based on their Commitments. The Borrower and each Bank agrees with and consents to the foregoing. In Witness Whereof, the parties hereto have caused this Agreement to be duly executed and delivered in New York, New York by their duly authorized representatives as of the day and year first above written. BLACK HILLS CORPORATION, a South Dakota corporation, as the Borrower By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Vice President - Treasurer U.S. BANK NATIONAL ASSOCIATION as the Administrative Agent, as an Issuing Agent, as Swing Line Bank and as a Bank By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Vice President THE BANK OF NOVA SCOTIA as a Co-Syndication Agent, as an Issuing Agent and as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Managing Director UNION BANK, N.A. as a Co-Syndication Agent, as an Issuing Agent and as a Bank By: /s/ Xxxx Guilds Name: Xxxx Guilds Title: Director XXXXX FARGO BANK, NATIONAL ASSOCIATION as a Co-Documentation Agent and as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Vice President ROYAL BANK OF CANADA as a Co-Documentation Agent and as a Bank By: /s/ Xxxxx Xxxxx XxXxxxxx Name: Xxxxx Xxxxx XxXxxxxx Title: Authorized Signatory CoBank, ACB as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Vice President JPMORGAN CHASE BANK, N.A. as a Bank By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Authorized Officer BMO XXXXXX FINANCING, INC. as a Bank By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Managing Director CREDIT SUISSE AG, CAYMAN ISLAND...

Departing Banks. Certain Banks have agreed that they shall no longer constitute Banks under the Credit Agreement as of the Omnibus Amendment Effective Date (each, a “Departing Bank”). Each Bank that executes and delivers a signature page hereto that identifies it as a Departing Bank shall constitute a Departing Bank as of the Omnibus Amendment Effective Date. No Departing Bank shall have a Commitment on and after the Omnibus Amendment Effective Date. Each Departing Bank shall cease to be a party to the Credit Agreement as of the Omnibus Amendment Effective Date, with no rights, duties or obligations thereunder. All amounts owing to a Departing Bank shall be paid by the Company to such Departing Bank as of the Omnibus Amendment Effective Date. The consent of a Departing Bank is not required to give effect to the changes contemplated by this Amendment. The Agent is hereby authorized to take such steps under the Credit Agreement as reasonably required to give effect to the departure of the Departing Banks, including, without limitation, reallocating outstanding obligations among the remaining Banks ratably based on their Commitments. The Company and each Bank agrees with and consents to the foregoing.