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 three (3) Business Days of that request being made (unless the Borrower and the Administrative Agent agree to a longer time period in relation to any request): (a) its Commitment or its participation in the Loan shall not be included for the purpose of calculating the Total Commitments or the 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.)

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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 three (3) 20 Business Days of that request being made (unless unless, in either case, the Borrower and the Administrative Agent agree to a longer time period in relation to any request): (a) its Commitment or its participation in the Loan Commitment(s) shall not be included for the purpose of calculating the Total Commitments or under the amount of the Loan Facility 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 the Lenders has been obtained to approve that request.

Appears in 2 contracts

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

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 three (3) 10 Business Days of that request being made (unless the Borrower and the Administrative Agent agree to a longer time period in relation to any request): (a) its Commitment or its participation in the Loan Commitment(s) shall not be included for the purpose of calculating the Total Commitments or the 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 (PCGI Intermediate Holdings LTD), 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 the terms of the Finance Document or any other vote of Lenders under the terms of this Agreement within three fifteen (315) Business Days or (in the case of a matter that requires the consent or approval of all Lenders) twenty (20) Business Days of that request being made (unless the Borrower and the Administrative Agent agree to a longer time period in relation to any request):made: (a) its Commitment or its and/or participation in the Loan then outstanding shall not be included for the purpose of calculating the Total Commitments or participations under the amount of the Loan Facility 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 1 contract

Samples: Facility Agreement (Navios Maritime Partners L.P.)

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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 three (3) 30 Business Days of that request being made (by the Borrower to all relevant Lenders through the Facility Agent), unless the Borrower and the Administrative Facility Agent agree to a longer time period in relation to any such request):: (a) its Commitment or its participation in the Loan shall not be included for the purpose of calculating the Total Commitments or under the amount of the Loan relevant Facility/ies 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 1 contract

Samples: Senior Facilities Agreement (OneSmart International Education Group LTD)

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 (other than a consent, waiver, amendment referred to in Clause 33.2 (All Lender matters) or any other vote of Lenders under the terms of this Agreement within three (3) five Business Days of that request being made (made, unless the Borrower and the Administrative Agent agree to a longer time period in relation to any such request):: (a) its Commitment or its participation in the Loan shall not be included for the purpose of calculating the Total Commitments or under the amount of the Loan Facility 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 1 contract

Samples: Facility Agreement (Diodes Inc /Del/)

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