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.

Appears in 3 contracts

Samples: Credit Agreement (SunCoke Energy, Inc.), Credit Agreement (SunCoke Energy Partners, L.P.), Credit Agreement (SunCoke Energy, Inc.)

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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.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Cheniere Energy, Inc.), Revolving Credit Agreement (Cheniere Energy, Inc.)

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.

Appears in 1 contract

Samples: Credit Agreement (SunCoke Energy, Inc.)

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.

Appears in 1 contract

Samples: Credit Agreement (SunCoke Energy, Inc.)

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Exiting Lenders. Each entity executing this Agreement under Lender who is not listed on Schedule 2.01 as having a Revolving Commitment as of the heading “Effective Date shall be referred to herein as an "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 agrees that after the Effective Date it (i) shall extinguish its rights and be released from its obligations under the Existing Credit Agreement shall be fully assigned at par to Lenders under Prior Agreement, this Agreement and the outstanding Revolving Commitments other Loan Documents and (ii) shall no longer be deemed a Lender and this Agreement may be amended or otherwise modified without its consent or agreement except the consent of each an Exiting Lender under the Existing Credit Agreement effected thereby shall be fully-assigned to Lenders under required for any amendment or other modification of this Agreement so that, after giving effect to such assignmentsSection 2.19). On the Effective Date, the Lenders who have increased their Revolving Commitment shall hold each class of deliver immediately available funds to the Revolving Loans Agent and Revolving Commitmentsthe Agent shall deliver such funds to the other Lenders and Exiting Lenders, 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, in amounts sufficient so that after giving effect to this Agreement and all transactions contemplated hereunderthereto, no Exiting Lender the Loans shall be held by the Lenders pro rata according to their respective Revolving Commitments. The amounts funded under the foregoing sentence shall be deemed an ABR Loan and a continuation and assignment of the Loans made by the Lenders receiving such funds. The Borrower agrees to pay each Lender receiving such funds under this Agreement or have the foregoing sentence any Commitment hereunderamounts due under Section 2.15 arising from the payment of any Eurodollar Loan prior to the end of the Interest Period applicable thereto resulting from such receipt of funds.

Appears in 1 contract

Samples: Credit Agreement (Acxiom Corp)

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.

Appears in 1 contract

Samples: Credit Agreement (Agnico Eagle Mines LTD)

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