Departing Lender. Upon the effectiveness of the amendment and restatement of the Existing Credit Agreement, Citizens Bank, N.A. shall no longer constitute a Bank hereunder or under any other Loan Document. All Obligations owing to it under or in connection with the Existing Credit Agreement shall be fully repaid by the Company on the date hereof. The approval or consent of Citizens Bank, N.A. shall not be required to give effect to the amendment and restatement of the Existing Credit Agreement. By executing its signature page hereto, Citizens Bank, N.A. agrees and acknowledges that it no longer constitutes a Bank after giving effect to the amendment and restatement of the Existing Credit Agreement.
Departing Lender. The Departing Lender has agreed that it shall no longer constitute a Lender under the Credit Agreement on the Effective Date after giving effect to the Assignments, pursuant to the Assignments, this Amendment, and the Payoff described in this paragraph. Notwithstanding anything to the contrary in the Credit Agreement, on the Effective Date the Borrower shall pay (the “Payoff”) all of the outstanding Loans of the Departing Lender, together with accrued and unpaid interest and fees, which have not been assigned to the other Lenders pursuant to certain Assignments and Assumptions (the “Assignments”) executed and delivered by the Departing Lender, another Lender (or Lenders) and the Administrative Agent, effecting, as of and subject to the Effective Date, a sale and assignment by the Departing Lender, and purchase and assumption by such Lender or Lenders, of all of such Departing Lender’s rights, interests and commitments under the Credit Agreement. Upon the occurrence of the Effective Date and the effectiveness of the Assignments and the Payoff, the Departing Lender shall cease to be a Lender under the Credit Agreement, shall not have a Revolving Loan Commitment and shall have no further rights, duties or obligations under the Credit Agreement, except for such rights which expressly survive such Departing Lender’s assignment or prepayment in full (but subject to any waivers set forth in the Assignments). Prior to the Effective Date, the Departing Lender may, in its sole discretion, notify the Administrative Agent and the Borrower in writing that it no longer desires to be a Departing Lender, at which time it shall no longer thereupon be a Departing Lender for purposes of this Amendment.
Departing Lender. The Departing Lender shall have consented to this Agreement and to the reduction to $0 of its Commitment hereunder.
Departing Lender. Upon the effectiveness of this Agreement and the payment to the Departing Lender of the Obligations due it, (a) the Departing Lender shall have no further Commitment hereunder and (b) the Departing Lender shall cease to have any rights or duties as Lender hereunder; provided, that the Departing Lender shall remain entitled to indemnities under the Existing Credit Agreement which by their terms survive the termination of the Existing Credit Agreement.
Departing Lender. (a) Xxxxx Fargo Bank, National Association (the “Departing Lender”) is entering into this Amendment solely to evidence its exit from the Credit Agreement. Upon the effectiveness hereof and the payment described in Section 4(b)(ii), the Departing Lender shall no longer (i) constitute a “Lender” for any purpose under the Loan Documents, (ii) be a party to the Credit Agreement and (iii) have any obligations under any of the Loan Documents, in each case, without further action required on the part of any Person; and
(b) Upon the effectiveness hereof: (i) the Departing Lender’s “Commitment” under the Credit Agreement shall be terminated, (ii) the Departing Lender shall have received payment in full in immediately available funds of all of its Loans, all interest thereon and all other amounts payable to it under the Credit Agreement, (iii) the Departing Lender shall not be a Lender under the Credit Agreement as evidenced by its execution and delivery of its signature page hereto (provided, however, that the Departing Lender shall continue to be entitled to the benefits of Sections 2.15, 2.16, 2.17 and 9.03 of the Credit Agreement to the extent provided in the Credit Agreement) and (iv) the defined term “Lenders” in the Credit Agreement shall exclude the Departing Lender.
Departing Lender. The Departing Lender shall have received payment in full of all of the Obligations owing to it under the Credit Agreement (other than contingent obligations owing to it under the Loan Documents).
Departing Lender. Borrowers shall have paid to the Administrative Agent, for the benefit of the Departing Lender, all accrued and unpaid interest and other fees (including, without limitation, any amounts required to be paid by the Borrowers under Section 2.15 of the Credit Agreement) due and payable to the Departing Lender under the Credit Agreement and the other Loan Documents.
Departing Lender. Effective as of the Amendment Effective Date, the Commitment of State Street Bank and Trust Company (“State Street”) shall terminate, and State Street shall exit the Credit Agreement and will no longer be a Lender thereunder. State Street is executing this Amendment solely in its capacity as an exiting Lender, and each of the parties to this Amendment agrees and acknowledges that upon the Amendment Effective Date, State Street’s Commitment shall terminate and State Street shall no longer be a Lender under the Credit Agreement.
Departing Lender. (a) Capital One Leverage Finance Corp. (the “Departing Lender”) shall cease to be a Lender under the Credit Agreement on the Amendment No. 2 Effective Date.
(b) As of the Amendment No. 2 Effective Date, the Loans of the Departing Lender made to the Borrower prior to the Amendment No. 2 Effective Date, if any, shall be repaid in full (accompanied by any accrued and unpaid interest and fees thereon, and any amounts payable under Section 2.16 of the Credit Agreement), the Departing Lender’s Commitment under the Credit Agreement shall be terminated and the Departing Lender shall cease to be a Lender under the Credit Agreement.
Departing Lender. Effective on the Second Amendment Effective Date, after giving effect to the Reallocation and the payments by the Lenders pursuant to Section 5(a)(ii), (i) the Commitment of the Departing Lender shall be $0 and (ii) the Departing Lender shall cease to be a Lender under the Credit Agreement and the other Credit Documents and shall have no further rights or obligations as a Lender under the Credit Agreement and the other Credit Documents, except to the extent of rights and obligations that survive a Lender’s assignment of its commitments pursuant to Section 10.6 of the Credit Agreement and its rights to payment of interest and fees that have accrued but not been paid on the Second Amendment Effective Date. The Departing Lender is a party to this Amendment solely for the purpose of evidencing its agreement to this Section 5.
