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 five Business Days (unless the Parent and the 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 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: Facility Agreement (Rockwood Holdings, 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 five 20 Business Days of that request being made (unless the Parent Borrower and the Agent Lenders 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 relevant Facility/ies 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: Facility Agreement (Beyond Air, Inc.)

Excluded Commitments. If any Defaulting Lender fails to respond expressly agree to 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 five 10 Business Days of that request being made (unless the Parent Company and the 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 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: Facilities Agreement (StarTek, 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 five 10 Business Days (unless the Parent Company and the Agent agree to a longer time period in relation to any request) of that request being made: (a) 38.4.1 its Commitment(s) shall not be included for the purpose purposes of calculating the Total Commitments under the relevant Facility/ies Facilitylies 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) 38.4.2 its status as a Lender shall be disregarded for the purpose purposes of ascertaining whether the agreement of any specified group of Lenders has been obtained to approve that request.

Appears in 1 contract

Samples: Term Loan and Multicurrency Revolving Facilities Agreement (AVG Technologies N.V.)

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