Impacted Lenders Sample Clauses

Impacted Lenders. (a) If any Lender requests compensation under Section 3.04, or if the Borrower is required to pay any additional amount to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01, or if any Lender is an Impacted Lender, then (y) the Borrower may, upon notice to such Lender and the Administrative Agent, and (z) in the case of an Impacted Lender, the Administrative Agent may, upon notice to such Lender and the Borrower, require such Lender to assign and delegate, without recourse (in accordance with and subject to the restrictions contained in, and consents required by, Section 10.06), all of its interests, rights and obligations under this Agreement and the related Loan Documents to an assignee that shall assume such obligations (which assignee may be another Lender, if a Lender accepts such assignment), provided that: (i) other than an assignment required by the Administrative Agent, the Borrower shall have paid to the Administrative Agent the assignment fee specified in Section 10.06(b); (ii) such Lender shall have received payment of an amount equal to the outstanding principal of its Loans and L/C Advances, accrued interest thereon, accrued fees and all other amounts payable to it hereunder and under the other Loan Documents (including any amounts under Section 3.05) from the assignee (to the extent of such outstanding principal and accrued interest and fees) or the Borrower (in the case of all other amounts); (iii) in the case of any such assignment resulting from a claim for compensation under Section 3.04 or payments required to be made pursuant to Section 3.01, such assignment will result in a reduction in such compensation or payments thereafter; and (iv) such assignment does not conflict with applicable Laws. A Lender shall not be required to make any such assignment or delegation if, prior thereto, as a result of a waiver by such Lender or otherwise, the circumstances entitling the Borrower or the Administrative Agent to require such assignment and delegation cease to apply. In the event that the Administrative Agent, the Borrower, the other Lenders, the L/C Issuers, and the Swing Line Lenders each agree that an Impacted Lender has adequately remedied all matters that caused such Lender to be an Impacted Lender and the Impacted Lender has not been removed or replaced, then such Lender shall purchase at par such of the Loans and L/C Advances of the other Lenders (other than Swing Line Loans, unless and until...

Impacted Lenders. Notwithstanding anything contained herein to the contrary, in the case of an Impacted Lender: (i) any L/C Issuer may require the Borrower or Impacted Lender to provide Adequate Assurance, which may include cash collateral, for the Impacted Lender’s share of the L/C Obligations as a condition to the issuance or extension of Letters of Credit, as referenced in Section 2.03(a)(ii)(F) and as provided in Section 2.14(c) hereof; (ii) the Swingline Lender may require the Borrower or Impacted Lender to provide Adequate Assurance, which may include cash collateral, for the Impacted Lender’s share of the Swingline Loans as a condition to the making or extension of Swingline Loans, as referenced in Section 2.04(a)and as provided in Section 2.14(c) hereof; and (iii) the Impacted Lender may be replaced as provided in Section 11.13; and (iv) the Borrower may (in its discretion) apply all or any portion to be specified by the Borrower of any optional reduction of unused Revolving Commitments under Section 2.07 to the unused Revolving Commitments of any such Impacted Lender as specified by the Borrower before applying any remaining reduction to all Revolving Lenders in the manner otherwise specified in Section 2.07.

Impacted Lenders. Notwithstanding the foregoing provisions of this Section 2.04, to the extent that any Swing Line Loans are outstanding at any time when any Lender becomes an Impacted Lender, Borrower shall, within five Business Days, enter into arrangements satisfactory to the Swing Line Lender, which may include providing cash collateral to the Swing Line Lender, to eliminate the Swing Line Lender’s risk with respect to such Impacted Lender with respect to such Swing Line Loans or shall repay the Swing Line Loans. Notwithstanding anything to the contrary set forth in this Agreement each of the parties hereto acknowledges and agrees that such arrangements and any recoveries by the Swing Line Lender pursuant to such arrangements, will not be subject to any sharing of payment provisions or sharing of collateral provisions set forth in this Agreement, including, without limitation, Sections 2.03(d), 2.03(g), 2.04(d), 2.12, 2.13 and 8.03. In addition, if there is an Impacted Lender when a Swing Line Loan is requested and the Swing Line Lender elects to make a Swing Line Loan pursuant to the terms of this Section 2.04 and in connection therewith requires that Borrower enter into arrangements satisfactory to the Swing Line Lender, which may include providing cash collateral to the Swing Line Lender, to eliminate the Swing Line Lender’s risk with respect to such Impacted Lender with respect to such Swing Line Loans such arrangements and any recoveries by the Swing Line Lender pursuant to such

Impacted Lenders. Notwithstanding anything contained in this Agreement, if any Lender becomes an Impacted Lender, then, (a) to the extent permitted by applicable Law, at the request of the Borrower, such Impacted Lender may be replaced in accordance with Section 9.13 and (b) so long as any Lender remains an Impacted Lender, the Borrower may (in its discretion) apply all or any portion to be specified by the Borrower of any optional reduction of unused Commitments under Section 2.12(c) to the unused Commitments of such Impacted Lender specified by the Borrower before applying any remaining reduction to all Lenders in the manner otherwise specified in Section 2.12(c). BORROWER: CIRCOR INTERNATIONAL, INC. By: /s/ ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Vice President, Chief Financial Officer, and Treasurer SUBSIDIARY GUARANTORS: CIRCOR AEROSPACE, INC. By: /s/ ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Vice President CIRCOR ENERGY PRODUCTS, INC. By: /s/ ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Vice President CIRCOR, INC. By: /s/ ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Vice President CIRCOR BUSINESS TRUST By: /s/ ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Trustee SAGEBRUSH PIPELINE EQUIPMENT CO. By: /s/ ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Vice President ▇▇▇▇▇▇ ENGINEERING COMPANY, INC. By: /s/ ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Vice President TEXAS SAMPLING INC. By: /s/ ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Vice President CIRCOR IP HOLDING CO. By: /s/ ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Vice President CIRCOR INSTRUMENTATION TECHNOLOGIES, INC. By: /s/ ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Vice President MOTOR TECHNOLOGY, INC. By: /s/ ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Vice President DOPAK INC. By: /s/ ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Vice President CIRCOR GERMAN HOLDINGS, LLC By: /s/ ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Vice President ▇▇▇▇▇▇ CONTROLS, INC. By: /s/ ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Vice President CIRCOR SECURITIES CORP. By: /s/ ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Vice President CIRCOR INDIA LLC By: /s/ ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Vice President Attn: Mailcode: OH-01-27-0628 KEYBANK NATIONAL ASSOCIATION ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Vice President Bank of...

Impacted Lenders. Notwithstanding the foregoing provisions of Section 2.03, to the extent that any Letters of Credit are outstanding at any time when any Lender becomes an Impacted Lender, Borrower shall, within five Business Days, enter into arrangements satisfactory to the L/C Issuer, which may include providing cash collateral to the L/C Issuer, to eliminate L/C Issuer’s risk with respect to such Impacted Lender with respect to such Letters of Credit. Notwithstanding anything to the contrary set forth in this Agreement, each of the parties hereto acknowledges and agrees that each of such arrangements and any arrangements entered into pursuant to section 2.03(a)(iii)(E) and any recoveries by the L/C Issuer pursuant to such arrangements, will not be subject to any sharing of payment provisions or sharing of collateral provisions set forth in this Agreement, including, without limitation, Sections 2.03(d), 2.03(g), 2.04(d), 2.12, 2.13 and 8.03.

Impacted Lenders. Notwithstanding anything contained herein to the contrary, in the case of a Impacted Lender: (i) the L/C Issuer may require the Borrower or Impacted Lender to provide Adequate Assurance, which may include cash collateral, for the Impacted Lender’s share of the L/C Obligations as a condition to the issuance or extension of Letters of Credit, as referenced in Section 2.03(a)(ii)(F) and as provided in Section 2.14(c); (ii) the Swing Line Lender may require the Borrower or Impacted Lender to provide Adequate Assurance, which may include cash collateral, for the Impacted Lender’s share of the L/C Obligations as a condition to the making or extension of Swing Line Loans, as referenced in Section 2.04(a) and as provided in Section 2.14(c); and (iii) the Impacted Lender may be replaced as provided in Section 9.15.

Impacted Lenders. Section 2.03(a)(ii)(G) is amended to read as follows:

Impacted Lenders