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 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 Commitment(s) shall not be included for the purpose of calculating the Total Commitments under the 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: Amendment and Restatement Agreement (Cboe Global Markets, Inc.), Amendment and Restatement Agreement (Cboe Global Markets, Inc.)

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Excluded Commitments. If any Lender (including a Defaulting Lender 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 15 20 Business Days of that request being made (unless unless, in either case, the Company Borrower and the Facility Agent agree to a longer time period in relation to any request) of that request being made:): (a) its Commitment(s) shall not be included for the purpose of calculating the Total Commitments under the Facility/ies 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 the Lenders has been obtained to approve that request.

Appears in 2 contracts

Samples: Facility Agreement (Giant Interactive Group Inc.), Facility Agreement (Baring Asia Private Equity Fund v Co-Investment L.P.)

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 15 three (3) Business Days of that request being made (unless the Company Borrower and the Facility Administrative Agent agree to a longer time period in relation to any request) of that request being made:): (a) its Commitment(s) Commitment or its participation in the Loan shall not be included for the purpose of calculating the Total Commitments under or the Facility/ies amount of the Loan when ascertaining whether any relevant percentage (including, for the avoidance of doubt, unanimity) of Total Commitments or the amount of the Loan 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 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 15 10 Business Days of that request being made (unless the Company Borrower and the Facility Agent agree to a longer time period in relation to any request) of that request being made:): (a) its Commitment(s) shall not be included for the purpose of calculating the Total Commitments under the 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: Facility Agreement (PCGI Intermediate Holdings LTD), Loan Agreement (PCGI Intermediate Holdings LTD)

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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 15 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 Commitment(s) shall not be included for the purpose of calculating the Total Commitments under the Facility/ies relevant Facility or 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: Senior Term and Revolving Facilities Agreement (Melrose PLC)

Excluded Commitments. If any Defaulting Lender fails to respond to a written 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 15 30 Business Days of that request being made (by the Borrower to all relevant Lenders through the Facility Agent), unless the Company Borrower and the Facility Agent agree to a longer time period in relation to any such request) of that request being made: (a) its Commitment(s) Commitment shall not be included for the purpose of calculating the Total Commitments under the 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 (OneSmart International Education Group LTD)

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