Common use of Excluded Commitments Clause in Contracts

Excluded Commitments. If any Defaulting Lender fails to respond to a request for a consent, waiver, amendment of or in relation to any term of any Finance Document or any other vote of Lenders under the terms of this Agreement within ten Business Days (unless the Company and the Agent agree to a longer time period in relation to any request) of that request being made: (a) its Commitments shall not be included for the purpose of calculating the Total Commitments under the Facility when ascertaining whether any relevant percentage (including, for the avoidance of doubt, unanimity) of Total Commitments has been obtained to approve that request; and (b) its status as a Lender shall be disregarded for the purpose of ascertaining whether the agreement of any specified group of Lenders has been obtained to approve that request.

Appears in 6 contracts

Samples: Syndicated Loan Agreement (Hillenbrand, Inc.), Syndicated L/G Facility Agreement (Hillenbrand, Inc.), Syndicated Loan Agreement (Hillenbrand, Inc.)

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Excluded Commitments. If any Defaulting Lender fails to respond to a request for a consent, waiver, amendment of or in relation to any term of any Finance Document or any other vote of Lenders under the terms of this Agreement within ten 10 Business Days (unless the Company and the Facility Agent agree to a longer time period in relation to any request) of that request being made:; (a) its Commitments Commitment(s) shall not be included for the purpose of calculating the Total Commitments under the relevant Facility when ascertaining whether any relevant percentage (including, for the avoidance of doubt, unanimity) of Total Commitments has been obtained to approve that request; and (b) its status as a Lender shall be disregarded for the purpose of ascertaining whether the agreement of any specified group of Lenders has been obtained to approve that request.

Appears in 5 contracts

Samples: Credit Facilities Agreement (Amec PLC), Credit Facilities Agreement (Amec PLC), Credit Facilities Agreement (Amec PLC)

Excluded Commitments. If any Defaulting Lender fails to respond to a request for a consent, waiver, amendment of or in relation to any term of any Finance Document or any other vote of Lenders under the terms of this Agreement within ten fifteen (15) Business Days (unless the Company Borrower and the Agent agree to a longer time period in relation to any request) of that request being made: (a) its Commitments Commitment(s) shall not be included for the purpose of calculating the Total Commitments under the Facility relevant Facilities when ascertaining whether any relevant percentage (including, for the avoidance of doubt, unanimity) of Total Commitments has been obtained to approve that request; and (b) its status as a Lender shall be disregarded for the purpose of ascertaining whether the agreement of any specified group of Lenders has been obtained to approve that request.

Appears in 3 contracts

Samples: Bridge Facilities Agreement (Compagnie Maritime Belge NV), Bridge Facilities Agreement (Compagnie Maritime Belge NV), Bridge Facilities Agreement (Compagnie Maritime Belge NV)

Excluded Commitments. If any Defaulting Lender fails to respond to a request for a consent, waiver, amendment of or in relation to any term of any Finance Document or any other vote of Lenders under the terms of this Agreement within ten 15 Business Days of that request being made (unless unless, the Company Borrower and the Agent agree to a longer time period in relation to any request) of that request being made:): (a) its Commitments Commitment shall not be included for the purpose of calculating the Total Commitments under the Facility relevant Facility/ies when ascertaining whether any relevant percentage (including, for the avoidance of doubt, unanimity) of Total Commitments has been obtained to approve that request; and (b) its status as a Lender shall be disregarded for the purpose of ascertaining whether the agreement of any specified group of Lenders has been obtained to approve that request.

Appears in 3 contracts

Samples: Revolving Facility Agreement (StoneX Group Inc.), Usd 75,000,000 Single Currency Revolving Facility Agreement (StoneX Group Inc.), Revolving Facility Agreement (StoneX Group Inc.)

Excluded Commitments. If any Defaulting Lender fails to respond to a request for a consent, waiver, amendment of or in relation to any term of any Finance Document or any other vote of Lenders under the terms of this Agreement within ten 10 Business Days (unless the Company Borrower and the Agent agree to a longer time period in relation to any request) of that request being made: (a) its Commitments Commitment(s) shall not be included for the purpose of calculating the Total Commitments under the Facility when ascertaining whether any relevant percentage (including, for the avoidance of doubt, unanimity) of Total Commitments has been obtained to approve that request; and (b) its status as a Lender shall be disregarded for the purpose of ascertaining whether the agreement of any specified group of Lenders has been obtained to approve that request.

Appears in 2 contracts

Samples: Amendment and Restatement Agreement (Hamilton Insurance Group, Ltd.), Amendment and Restatement Agreement (Hamilton Insurance Group, Ltd.)

Excluded Commitments. (a) If any Defaulting Lender fails to respond to a request for a consent, waiver, an amendment of or waiver described in relation to any term of any Finance Document or any other vote of Lenders under the terms of this Agreement Clause 34 (Amendments and Waivers) within ten 15 Business Days (unless the Company and the Agent agree to a longer or such shorter time period in relation to any requestrequest which the Borrower and the Facility Agent may agree) of that request being made: (ai) its Commitments Commitment shall not be included for the purpose of calculating the Total Commitments under the Facility relevant Facility/ies when ascertaining whether any relevant percentage (including, for the avoidance of doubt, unanimity) of the relevant Total Commitments has been obtained to approve that request; and (bii) its status as a Lender shall be disregarded for the purpose of ascertaining whether the agreement of any specified group of Lenders has been obtained to approve that request.

Appears in 2 contracts

Samples: Amendment and Restatement Agreement (Atlas Investissement), Facility Agreement (Atlas Investissement)

Excluded Commitments. If any Defaulting Lender fails to respond to a request for a consent, waiver, amendment of or in relation to any term of any Finance Document or any other vote of Lenders under the terms of this Agreement within ten 10 Business Days of that request being made (unless the Company Borrowers and the Agent agree to a longer time period in relation to any request) of that request being made:): (a) its Commitments Commitment shall not be included for the purpose of calculating the Total Commitments under the Facility Loan when ascertaining whether any relevant percentage (including, for the avoidance of doubt, unanimity) of Total Commitments has been obtained to approve that request; and (b) its status as a Lender shall be disregarded for the purpose of ascertaining whether the agreement of any specified group of Lenders has been obtained to approve that request.

Appears in 2 contracts

Samples: Loan Agreement (Costamare Partners LP), Loan Agreement (Costamare Partners LP)

Excluded Commitments. If any Defaulting Lender fails to respond to a request for a consent, waiver, amendment of or in relation to any term of any Finance Document or any other vote of Lenders under the terms of this Agreement within ten 3 Business Days of that request being made (unless the Company Borrower and the Agent agree to a longer time period in relation to any request) of that request being made:): (a) its Commitments Commitment shall not be included for the purpose of calculating the Total Commitments under the Facility Loan when ascertaining whether any relevant percentage (including, for the avoidance of doubt, unanimity) of Total Commitments has been obtained to approve that request; and (b) its status as a Lender shall be disregarded for the purpose of ascertaining whether the agreement of any specified group of Lenders has been obtained to approve that request.

Appears in 2 contracts

Samples: Loan Agreement (Dorian LPG Ltd.), Loan Agreement (Dorian LPG Ltd.)

Excluded Commitments. If any Defaulting Lender fails to respond to a request for a consent, waiver, amendment of or in relation to any term of any Finance Document or any other vote of Lenders under the terms of this Agreement within ten 15 Business Days (unless the Company and the Facility Agent agree to a longer time period in relation to any request) of that request being made: (a) its Commitments Commitment(s) shall not be included for the purpose of calculating the Total Commitments under the Facility when ascertaining whether any relevant percentage (including, for the avoidance of doubt, unanimity) of Total Commitments has been obtained to approve that request; and (b) its status as a Lender shall be disregarded for the purpose of ascertaining whether the agreement of any specified group of Lenders has been obtained to approve that request.

Appears in 2 contracts

Samples: Amendment and Restatement Agreement (IHS Holding LTD), Facility Agreement (IHS Holding LTD)

Excluded Commitments. If any Defaulting Lender fails to respond to a request for a consent, waiver, amendment of or in relation to any term of any Finance Document or any other vote of Lenders under the terms of this Agreement within ten 10 Business Days of that request being made (unless the Company and the Agent agree to a longer time period in relation to any request) of that request being made:): (a) its Commitments Commitment(s) shall not be included for the purpose of calculating the Total Commitments under the Facility relevant Facility/ies when ascertaining whether any relevant percentage (including, for the avoidance of doubt, unanimity) of Total Commitments has been obtained to approve that request; and (b) its status as a Lender shall be disregarded for the purpose of ascertaining whether the agreement of any specified group of Lenders has been obtained to approve that request.

Appears in 2 contracts

Samples: Facilities Agreement (StarTek, Inc.), Facilities Agreement (StarTek, Inc.)

Excluded Commitments. If any Defaulting Lender fails to respond to a request for a consent, waiverwaiver or amendment of, amendment of or in relation to to, any term of any Finance Document or any other vote of Lenders under the terms of this Agreement within ten five Business Days (unless the Company and the Agent agree to a longer time period in relation to any request) of that request being made: (a) its Commitments Commitment(s) shall not be included for the purpose of calculating the Total Commitments under the Facility when ascertaining whether any relevant percentage (including, for the avoidance of doubt, unanimity) of Total Commitments has been obtained to approve that request; : and (b) its status as a Lender shall be disregarded for the purpose of ascertaining whether the agreement of any specified group of Lenders has been obtained to approve that request.

Appears in 1 contract

Samples: Revolving Senior Secured Credit Facility Agreement (Gold Fields LTD)

Excluded Commitments. If If: (a) any Defaulting Lender fails to respond to a request for a consent, waiver, amendment of or in relation to any term of any Finance Document or any other vote of Lenders under the terms of this Agreement within ten (10) Business Days of that request being made (unless the Company Borrower and the Administrative Agent agree to a longer time period in relation to any request) of that request being made:): (ai) its Commitments Commitment(s) shall not be included for the purpose of calculating the Total Commitments under the Facility when ascertaining whether any relevant percentage (including, for the avoidance of doubt, including unanimity) of Total Commitments has been obtained to approve that request; and (bii) its status as a Lender shall be disregarded for the purpose of ascertaining whether the agreement of any specified group of Lenders has been obtained to approve that request.

Appears in 1 contract

Samples: Borrowing Base Facility Agreement (Cobalt International Energy, Inc.)

Excluded Commitments. If any Defaulting Lender fails to respond to a request for a consent, waiver, amendment of or in relation to any term of any Finance Document or any other vote of Lenders under the terms of this Agreement within ten fifteen (15) Business Days (unless of that request being made, unless, the Company Obligors’ Agent and the Agent agree to a longer time period in relation to any request) of that request being made: (a) its Commitments Commitment shall not be included for the purpose of calculating the Total Commitments under the relevant Facility when ascertaining whether any relevant percentage (including, for the avoidance of doubt, unanimity) of Total Commitments has been obtained to approve that request; and (b) its status as a Lender shall be disregarded for the purpose of ascertaining whether the agreement of any specified group of Lenders has been obtained to approve that request.

Appears in 1 contract

Samples: Senior Facilities Agreement (Fintrax US Acquisition Subsidiary, Inc.)

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Excluded Commitments. If any Defaulting Lender fails to respond to a request for a consent, waiver, waiver or amendment of or in relation to any term of any Finance Document or any other vote of Lenders under the terms of this Agreement within ten (10) Business Days (of that request being made, unless the Company and the Agent agree to a longer time period in relation to any such request) of that request being made: (a) its Commitments shall not be included for the purpose of calculating the Total Commitments under the Facility when ascertaining whether any relevant percentage (including, for the avoidance of doubt, unanimity) of Total Commitments has been obtained to approve that request; and (b) its status as a Lender shall be disregarded for the purpose of ascertaining whether the agreement of any specified group of Lenders has been obtained to approve that request.

Appears in 1 contract

Samples: Secured Facility Agreement (Amkor Technology, Inc.)

Excluded Commitments. If any Defaulting Lender fails to respond to a request for a consent, waiver, amendment of or in relation to any term of any Finance Document or any other vote of Lenders under the terms of this Agreement within ten 3 Business Days (unless the Company Borrower and the Agent agree to a longer time period in relation to any request) of that request being made: (a) its Commitments Commitment(s) shall not be included for the purpose of calculating the Total Commitments under the Facility when ascertaining whether any relevant percentage (including, for the avoidance of doubt, unanimity) of Total Commitments has been obtained to approve that request; and (b) its status as a Lender shall be disregarded for the purpose of ascertaining whether the agreement of any specified group of Lenders has been obtained to approve that request.

Appears in 1 contract

Samples: Credit Agreement (Eagle Bulk Shipping Inc.)

Excluded Commitments. If any Defaulting Lender fails to respond to a request for a consent, waiver, amendment of or in relation to any term of any Finance Document or any other vote of Lenders under the terms of this Agreement within ten 10 Business Days of that request being made (unless the Company and the Agent agree to a longer time period in relation to any request) of that request being made:): (a) its Commitments shall not be included for the purpose of calculating the Total Commitments under the Facility relevant Facility/ies when ascertaining whether any relevant percentage (including, for the avoidance of doubt, unanimity) of Total Commitments has been obtained to approve that request; and (b) its status as a Lender shall be disregarded for the purpose of ascertaining whether the agreement of any specified group of Lenders has been obtained to approve that request.

Appears in 1 contract

Samples: Senior Facilities Agreement (OpSec Holdings)

Excluded Commitments. If any Defaulting Lender fails to respond to a request for a consent, waiver, amendment of or in relation to any term of any Finance Document or any other vote of Lenders under the terms of this Agreement within ten 5 Business Days (unless the Company and the Agent agree to a longer time period in relation to any request) of that request being made: (a) its Commitments Commitment(s) shall not be included for the purpose of calculating the Total Commitments under the Facility when ascertaining whether any relevant percentage (including, for the avoidance of doubt, unanimity) of Total Commitments has been obtained to approve that request; and (b) its status as a Lender shall be disregarded for the purpose of ascertaining whether the agreement of any specified group of Lenders has been obtained to approve that request.

Appears in 1 contract

Samples: Facilities Agreement (Syngenta Ag)

Excluded Commitments. If any Defaulting Lender fails to respond to a request for a consent, waiver, waiver or amendment of or in relation to any term of any Finance Document or any other vote of Lenders under the terms of this Agreement within ten 15 Business Days (of that request being made, unless the Company Borrower and the Agent agree to a longer time period in relation to any such request) of that request being made: (a) its Commitments shall not be included for the purpose of calculating the Total Commitments under the Facility relevant Facilities when ascertaining whether any relevant percentage (including, for the avoidance of doubt, unanimity) of Total Commitments has been obtained to approve that request; and (b) its status as a Lender shall be disregarded for the purpose of ascertaining whether the agreement of any specified group of Lenders has been obtained to approve that request.

Appears in 1 contract

Samples: Facilities Agreement (WEIBO Corp)

Excluded Commitments. If any Defaulting Lender fails to respond accept or to reject a request by or on behalf of the Obligors for a consent, waiver, waiver or amendment of or in relation to any term of the terms of any Finance Document or any other vote of Lenders under the terms of this Agreement within ten 10 Business Days of that request being made (unless the Company Borrower and the Agent agree to a longer time period in relation to any request) of that request being made:): (a) its Commitments Commitment(s) shall not be included for the purpose of calculating the Total Commitments under the Facility when ascertaining whether any relevant percentage (including, for the avoidance of doubt, unanimity) of Total Commitments has been obtained to approve that request; and (b) its status as a Lender shall be disregarded for the purpose of ascertaining whether the agreement of any specified group of Lenders has been obtained to approve that request.

Appears in 1 contract

Samples: Facility Agreement (PCGI Intermediate Holdings LTD)

Excluded Commitments. If any Defaulting Lender fails to respond to a request for a consent, waiver, amendment of or in relation to any term of any Finance Document or any other vote of Lenders under the terms of this Agreement within ten 15 Business Days (unless the Company and the Agent agree to a longer time period in relation to any request) of that request being made: (a) its Commitments Its Commitment(s) shall not be included for the purpose of calculating the Total Commitments under the Facility when ascertaining whether any relevant percentage (including, for the avoidance of doubt, unanimity) of Total Commitments has been obtained to approve that request; : and (b) its Its status as a Lender shall be disregarded for the purpose of ascertaining whether the agreement of any specified group of Lenders has been obtained to approve that request.

Appears in 1 contract

Samples: Facility Agreement (Imerys S.A.)

Excluded Commitments. If any Defaulting Lender fails to respond to a request for a consent, waiver, waiver or amendment of or in relation to any term of any Finance Document or any other vote of Lenders under the terms of this Agreement within ten 10 Business Days (of that request being made, unless the Company Borrower and the Agent agree to a longer time period in relation to any such request) of that request being made: (a) its Commitments Commitment shall not be included for the purpose of calculating the Total Commitments under the Facility when ascertaining whether any relevant percentage (including, for the avoidance of doubt, unanimity) of Total Commitments has been obtained to approve that request; and (b) its status as a Lender shall be disregarded for the purpose of ascertaining whether the agreement of any specified group of Lenders has been obtained to approve that request.

Appears in 1 contract

Samples: Facility Agreement (Advanced Technology (Cayman) LTD)

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