Common use of Exiting Lenders Clause in Contracts

Exiting Lenders. Each entity executing this Agreement under the heading “Exiting Lender” on the signature pages hereto, in its capacity as a lender under the Existing Credit Agreement (each an “Exiting Lender”), is signing this Agreement for the sole purposes of amending and restating the Existing Credit Agreement and assigning its Revolving Commitments and outstanding Revolving Loans (each as defined under the Existing Credit Agreement) to the Lenders under this Agreement as described in the following sentence. Upon giving effect to this Agreement, (A) the outstanding Revolving Loans of each Exiting Lender under the Existing Credit Agreement shall be fully assigned at par to Lenders under this Agreement and the outstanding Revolving Commitments of each Exiting Lender under the Existing Credit Agreement shall be fully-assigned to Lenders under this Agreement so that, after giving effect to such assignments, the Lenders shall hold each class of the Revolving Loans and Revolving Commitments, in each case as set forth on Schedule 1.1A hereto, and (B) such Exiting Lender shall no longer be a party this Agreement. For the avoidance of doubt, after giving effect to this Agreement and all transactions contemplated hereunder, no Exiting Lender shall be a Lender under this Agreement or have any Commitment hereunder.

Exiting Lenders. Each entity The Persons executing this Agreement under the heading “Exiting Lender” on the signature pages hereto”, in its their capacity as a lender an existing Lender under the Existing Credit Agreement (each each, an “Exiting Lender”), is signing this Agreement for the sole purposes purpose of amending and restating the Existing Credit Agreement and assigning its Revolving Commitments and outstanding Revolving Loans (each as defined under in the Existing Credit Agreement) to the other Lenders under this Agreement as described in party hereto (including any Lender that was not a party to the following sentenceExisting Credit Agreement). Upon giving effect to this AgreementAgreement on the Closing Date, (A) the outstanding Revolving Loans of each Exiting Lender under Commitments (as defined in the Existing Credit Agreement Agreement) of the Exiting Lenders shall be fully assigned at par to the other Lenders under this Agreement and party hereto to the outstanding Revolving Commitments of each Exiting Lender under the Existing Credit Agreement shall be fully-assigned to Lenders under this Agreement so that, extent necessary such that after giving effect to such assignmentsthereto, the Commitments shall be held by the Lenders shall hold each class of the Revolving Loans and Revolving Commitments(which, in each case as set forth on Schedule 1.1A hereto, and (B) such Exiting Lender shall no longer be a party this Agreement. For for the avoidance of doubt, after giving effect excludes the Exiting Lenders) according to this Agreement Appendix A; provided that, fees that have accrued for the account of each Exiting Lender prior to the Closing Date will be paid to such Exiting Lender, and all transactions contemplated hereunder, no each Exiting Lender shall cease to be a Lender under this Agreement or as of the Closing Date. The assignments effected by this Section 2.13(i) shall be an assignment for all purposes of this Agreement and be deemed to have any Commitment hereunderbeen consummated in accordance with Section 9.5.

Exiting Lenders. Each entity Person executing this Agreement Amendment under the heading “Exiting LenderLenders” on the signature pages hereto, in its capacity as a lender Lender under the Existing Credit Agreement (each each, an “Exiting Lender”), is signing this Agreement Amendment for the sole purposes of amending and restating the Existing Credit Agreement and assigning all of its Revolving Commitments and Commitment outstanding Revolving Loans to one or more Lenders (each as defined under the Existing Credit Agreementthat are not Exiting Lenders) to the Lenders under this Agreement as described in the following sentence. Upon giving effect to this AgreementAmendment, (Ai) the each Exiting Lender’s Revolving Commitment and outstanding Revolving Loans of each Exiting Lender under the Existing Credit Agreement shall be fully assigned at par to one or more Lenders under this Agreement and the outstanding Revolving Commitments of (that are not Exiting Lenders), in each Exiting Lender under the Existing Credit Agreement shall be fully-assigned to Lenders under this Agreement case so that, after giving effect to such assignments, the such Lenders shall hold each class of the have Revolving Loans Commitments and Revolving Commitments, in each case Applicable Percentages as set forth on Schedule 1.1A 2.01 attached hereto, and (Bii) such Exiting Lender shall no longer cease to be a party this Lender under the Credit Agreement. For the avoidance of doubt, after giving effect to this Agreement and all transactions contemplated hereunder, (iii) no Exiting Lender shall be have any rights, obligations or duties as a Lender under this the Credit Agreement or any other Loan Document, except for any right, obligation or duty which by the express terms of the Credit Agreement or any other Loan Document would survive termination of the Credit Agreement or such other Loan Document, and (iv) the Loan Parties shall have no obligations or liabilities to any Commitment hereunderExiting Lender, except for obligations or liabilities which by the express terms of the Credit Agreement or any other Loan Document would survive termination of the Credit Agreement or such other Loan Document. Such assignments shall be deemed to be made in accordance with Section 11.06 of the Credit Agreement.

Exiting Lenders. Each entity executing this Agreement under the heading “Exiting Lender” on the signature pages hereto, in its capacity as a lender under the Existing Credit Agreement (each an “Exiting Lender”), is signing this Agreement for the sole purposes of amending and restating the Existing Credit Agreement and assigning its Revolving Commitments and outstanding Revolving Loans (each as defined under the Existing Credit Agreement) to the Lenders under this Agreement as described in the following sentence. Upon giving effect to this Agreement, (A) the outstanding Revolving Loans of each Exiting Lender under the Existing Credit Agreement shall be fully assigned at par to Lenders under this Agreement and the outstanding Revolving Commitments of each Exiting Lender under the Existing Credit Agreement shall be fully-assigned to Lenders under this Agreement so that, after giving effect to such assignments, the Lenders shall hold each class of the Revolving Loans and Revolving Commitments, in each case as set forth on Schedule 1.1A heretoheretoas in effect on the Closing Date, and (B) such Exiting Lender shall no longer be a party this Agreement. For the avoidance of doubt, after giving effect to this Agreement and all transactions contemplated hereunder, no Exiting Lender shall be a Lender under this Agreement or have any Commitment hereunder.

Exiting Lenders. Each entity executing this Agreement under The parties hereto hereby acknowledge and agree that Export Development Canada and HSBC Bank Canada (together, the heading “Exiting Lender” on the signature pages heretoLenders”, in its capacity as a lender under the Existing Credit Agreement (each and each, an “Exiting Lender”), ) is a party to and is signing this Agreement solely in its capacity as exiting Lender (for the sole purposes of amending and restating this sentence only, as defined in the Existing Credit Agreement prior to the effectiveness of this Agreement) and assigning that each Exiting Lender is released and forever discharged in full from all of its Revolving Commitments liabilities and outstanding Revolving Loans obligations as a Lender (each as defined in the Credit Agreement prior to the effectiveness of this Agreement) under the Existing Loan Documents. Each of the parties hereto acknowledges and agrees that on the Second Amendment Effective Date, upon payment in full of all outstanding principal that is payable to each Exiting Lender, neither Exiting Lender is a Lender under the Credit Agreement) to the Lenders under this Agreement (as described defined in the following sentence. Upon Credit Agreement after giving effect to this Agreement) and agrees that notwithstanding any term or condition contained in any Loan Document, (A) but subject to the outstanding Revolving Loans first sentence of each Exiting Lender under the Existing Credit Agreement shall be fully assigned at par to Lenders under this Agreement and the outstanding Revolving Commitments of each Exiting Lender under the Existing Credit Agreement shall be fully-assigned to Lenders under this Agreement so that, after giving effect to such assignments, the Lenders shall hold each class of the Revolving Loans and Revolving Commitments, in each case as set forth on Schedule 1.1A hereto, and (B) such Exiting Lender shall no longer be a party this Agreement. For the avoidance of doubt, after giving effect to this Agreement and all transactions contemplated hereunder, no Section 7 neither Exiting Lender shall be a Lender under required to sign any further amendments, waivers, acceptances or consents to this Agreement or have any Commitment hereunderother Loan Documents. The Borrower agrees to pay to each Exiting Lender on the first Business Day of 2022 all accrued and unpaid interest and fees that were owing to such Exiting Lender on the Second Amendment Effective Date.

Exiting Lenders. Each entity executing this Agreement under the heading “Exiting Lender” on the signature pages hereto, in its capacity as a lender under the Existing Credit Agreement (each an “Exiting Lender”), is signing this Agreement for the sole purposes of amending and restating the Existing Credit Agreement and assigning its Revolving Commitments and outstanding Revolving Loans (each as defined under the Existing Credit Agreement) to the Lenders under this Agreement as described in the following sentence. Upon giving effect to this Agreement, (A) the outstanding Revolving Loans of each Exiting Lender under the Existing Credit Agreement shall be fully assigned at par to Lenders under this Agreement and the outstanding Revolving Commitments of each Exiting Lender under the Existing Credit Agreement shall be fully-assigned to Lenders under this Agreement so that, after giving effect to such assignments, the Lenders shall hold each class of the Revolving Loans and Revolving Commitments, in each case as set forth on Schedule 1.1A heretoas in effect on the Closing Date, and (B) such Exiting Lender shall no longer be a party this Agreement. For the avoidance of doubt, after giving effect to this Agreement and all transactions contemplated hereunder, no Exiting Lender shall be a Lender under this Agreement or have any Commitment hereunder.