Common use of Excluded Commitments Clause in Contracts

Excluded Commitments. 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 5 Business Days of that request being made; or (b) any Lender which is not a Defaulting Lender or an Exempt Lender fails to respond to such a request or such a vote within 15 Business Days of that request being made, (unless, in either case, the Borrower and the Agent agree to a longer time period in relation to any request) (i) its Commitment(s) 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 (ii) 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.

Excluded Commitments. 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 5 15 Business Days of that request being made; or (b) any Lender which is not a Defaulting Lender or an Exempt Lender fails to respond to such a request or such a vote within 15 Business Days of that request being made, (unless, in either case, the Borrower and the Agent agree to a longer time period in relation to any request)): (i) its Commitment(s) shall not be included for the purpose of calculating the Total Commitments under the relevant 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 (ii) 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.

Excluded Commitments. 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 5 Business Days of that request being made; or (b) at any time following a Flotation, any Lender which is not a Defaulting Lender or an Exempt Lender fails to respond to such a request or such a vote within 15 Business Days of that request being made, (unless, in either case, the Borrower Company and the Agent agree to a longer time period in relation to any request)): (i) its Commitment(s) shall not be included for the purpose of calculating the Total Commitments under the relevant 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 (ii) 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.

Excluded Commitments. If: (aA) any Defaulting Lender Non-Funding Xxxxxx 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 5 15 Business Days of that request being made; or (bB) any Lender which is not a Defaulting Lender or an Exempt Non-Funding Lender fails to respond to such a request or such a vote within 15 Business Days of that request being made, (unless, in either case, the Borrower and the Facility Agent agree to a longer time period in relation to any request)): (i) its Commitment(s) 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 (ii) 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.

Excluded Commitments. If: (a) any Defaulting Lender fails to respond to accept or reject 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 5 10 Business Days of that request being made; or (b) any Lender which is not a Defaulting Lender or an Exempt Lender fails to respond to such a request or other such a vote within 15 Business Days of that request being made, (unless, in either case, the Borrower Company and the Agent agree to a longer time period in relation to any request)): (i) its Commitment(s) 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 (ii) 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.