Common use of Disenfranchisement of Defaulting Lenders Clause in Contracts

Disenfranchisement of Defaulting Lenders. (a) For so long as a Defaulting Lender has any Available Commitment, in ascertaining: (i) the Majority Lenders; or (ii) whether: (A) any given percentage (including, for the avoidance of doubt, unanimity) of the Total Commitments under the Facility; or (B) the agreement of any specified group of Lenders, has been obtained to approve any request for a consent, waiver, amendment or other vote of Lenders under the Finance Documents, that Defaulting Lender’s Commitment will be reduced by the amount of its Available Commitment and, to the extent that such reduction results in that Defaulting Lender’s Commitment being zero, that Defaulting Lender shall be deemed not to be a Lender for the purposes of paragraphs (i) and (ii) above. (b) For the purposes of this clause

Appears in 1 contract

Samples: Facility Agreement (Diana Shipping Inc.)

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Disenfranchisement of Defaulting Lenders. (a) For so long as a Defaulting Lender has any Available CommitmentCommitment unless otherwise agreed by the Parent, in ascertaining: (i) ascertaining the Majority Lenders; or , the Super Majority Lenders, all Lenders or any other class of Lenders (iias applicable) whether: (A) or whether any given percentage (including, for the avoidance of doubt, unanimity) of the Total Commitments under the Facility; or (B) the agreement of any specified group of Lenders, has been obtained to approve any request for a consent, waiver, amendment or other vote of Lenders under the Finance Documents, : (i) that Defaulting Lender’s Commitment Commitments will be reduced by the amount of its Available Commitment Commitments; and, to the extent that such reduction results in that Defaulting Lender’s Commitment being zero, (ii) that Defaulting Lender shall will not be deemed not to be treated as a Lender for the purposes of paragraphs paragraph (ia) and of Clause 39.3 (iiExceptions) aboveif it has no participation in any outstanding Utilisations. (b) For the purposes of this clause

Appears in 1 contract

Samples: Super Senior Revolving Credit Facilities Agreement (Atento S.A.)

Disenfranchisement of Defaulting Lenders. (a) 15.9.1 For so long as a Defaulting Lender has any Available Commitment, Commitment in ascertaining: (ia) the Majority Lenders; or (iib) whether: (Ai) any given percentage (including, for the avoidance of doubt, unanimity) of the Total Commitments under aggregate of the FacilityCommitments; or (Bii) the agreement of any specified group of Lenders, has been obtained to approve any request for a consent, waiver, amendment or other vote of Lenders under the Finance Documents, that Defaulting Lender’s Commitment will be reduced by the amount of its Available Commitment participation in the Loan it has failed to make available and, to the extent that such that reduction results in that Defaulting Lender’s Commitment being zero, that Defaulting Lender shall be deemed not to be a Lender for the purposes of paragraphs (i) and (ii) above). (b) For the purposes of this clause

Appears in 1 contract

Samples: Secured Term Loan Facility Agreement (Teekay Tankers Ltd.)

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Disenfranchisement of Defaulting Lenders. (a) 34.4.1 For so long as a Defaulting Lender has any Available Commitment, in ascertaining: (ia) the Majority Lenders; or (iib) whether: (Ai) any given percentage (including, for the avoidance of doubt, unanimity) of the Total Commitments under the FacilityCommitments; or (Bii) the agreement of any specified group of Lenders, has been obtained to approve any request for a consent, waiver, amendment or other vote of Lenders under the Finance Documents, that Defaulting Lender’s Commitment will be reduced by the amount of its Available Commitment participation in the Loan it has failed to make available and, to the extent that such that reduction results in that Defaulting Lender’s Commitment being zero, that Defaulting Lender shall be deemed not to be a Lender for the purposes of paragraphs (i) and (ii) above). (b) For the purposes of this clause

Appears in 1 contract

Samples: Secured Loan Agreement (Safe Bulkers, Inc.)

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