Lender Consents. Without the written consent of each Lender affected thereby, no supplement, amendment, modification, waiver or consent shall: (i) change the currency, outstanding amount (other than the waiver of the Default Margin in the determination of the Interest Rate) or required payment date of any payment of principal, interest, fee or other Obligation due hereunder or under any other Transaction Document; provided, that this subsection shall not apply to the waiver of any Default or Event of Default, even if the foregoing would have such an effect; (ii) change the Commitment (if any) or Loan Amount of such Lender; (iii) release the Lien on any Collateral other than as expressly contemplated by the terms of this Agreement or any other Transaction Document; (iv) change the definition of “Interest Rate”, “Unused Fee”, “Majority Lenders”, “Eligible Receivable”, “Borrowing Base Deficiency”, “Final Maturity Date”, “Settlement Date”, “Commitment Termination Date” or “Required Reserve Account Deposit Amount” (or the definitions used therein); (v) change any provision that expressly requires the consent of, or provides certain rights or powers to, the Majority Lenders; (vi) impair the right of such Lender to institute a suit or take other action against the Borrower to collect the indebtedness owed to it pursuant to the provisions of this Agreement; (vii) change the Facility Limit (or the definition thereof); (viii) change any section hereof specific to a Conduit Lender (with respect to any Lender that is a Conduit Lender); or (x) modify this Section 9.01.
Lender Consents. Each Lender shall have received all internal consents and approvals necessary for the consummation of the transactions contemplated by this Agreement and the Security Documents.
Lender Consents. The Reliant Parent Debt Documents shall have been amended in a form reasonably satisfactory to the Sleeve Provider in order to permit the transactions contemplated by this Agreement (it being understood that provisions relating to the consent fee and other amounts payable for any such amendments shall not be subject to the Sleeve Provider’s satisfaction, and that the form of consent provided to the bondholders as of July 25, 2006, as amended by the supplement dated August 28, 2006, is satisfactory).
Lender Consents. All Lender Consents shall have been obtained.
Lender Consents. 4.1 As of the First Amendment Effective Date, the Lender hereby approves (i) the Permitted Receivables Financing Program and the execution, delivery and performance by the Company, Xxxxxxxxxx International, Finsub and Finsub2 of the Permitted Receivables Transaction Documents, provided that, concurrently therewith, the Company and Xxxxxxxxxx International shall have made a mandatory prepayment to the Revolving Credit Agent, for the benefit of the Senior Revolving Lenders, of the Net Cash Proceeds arising from the initial sale of Receivables pursuant to the Permitted Receivables Transaction Documents in an amount not less than $50,000,000, (ii) the transactions evidenced by the Multicurrency Loan Documents (provided, that for purposes of this Section 4.1, the term Multicurrency Loan Documents shall only refer to the forms of such documents as they exist on the First Amendment Effective Date) and the execution, delivery and performance by Pegasus and Finsub2 thereof, and (iii) to borrow funds on the First Amendment Effective Date, the proceeds of which shall be used by Pegasus to make a capital contribution to Finsub2 so that Finsub2 may pay for the Series 1996-2 Certificate.
4.2 Lender, upon the occurrence of the First Amendment Effective Date, hereby (i) releases its Liens on the Receivables sold from time to time pursuant to the Permitted Receivables Transaction Documents (including, without limitation, all Liens on Dollar denominated Receivables of the Company and Xxxxxxxxxx International which are so sold from time to time), (ii) agrees to enter into the Permitted Receivables Intercreditor Agreement and to take all actions required to be taken by Lender thereby.
Lender Consents. Borrower or Guarantor may request that Lender consent to any action prohibited by Sections 9.9 and 9.11 through 9.15 by delivering a written request which specifies in reasonable detail the nature of the proposed action. Lender agrees to consider such request in a timely fashion and will provide Borrower or Guarantor with a written response to such request. Nothing in this Section 9.16 shall be construed to require Lender to approve any such request.
Lender Consents. The second paragraph of Section 5 of the Agreement is revised to read as follows: “Within five (5) Business Days after the date of the Agreement, Purchaser shall submit applications to the holders of the Existing Loans (the “Existing Lenders”) seeking approval for the Assumption. As requested by Purchaser, Seller shall reasonably cooperate with Purchaser’s efforts to arrange for the Assumption. The obligations of the Seller and the Purchaser under this Agreement are expressly contingent upon the Existing Lenders providing written confirmation (the “Lender Consents”), prior to the Closing Date, consenting to the Assumption on terms satisfactory to Seller and Purchaser. Purchaser shall keep Seller apprised of its efforts and progress in obtaining the Lender Consents. In the event Purchaser is unable to obtain the Lender Consents prior to the Closing Date then, notwithstanding any provision herein to the contrary, the Xxxxxxx Money shall be returned to Purchaser and this Agreement shall be null and void and of no further force or effect, except for such continuing obligations as are intended to survive the termination of this Agreement. The Lender Consents, to be effective, shall provide, in addition to the consent by the Existing Lenders to the assumption by Purchaser of the Existing Loans, that the Seller (and any guarantor, principal, key principal or any other entity affiliated with Seller obligated or liable in any manner under the Existing Loans) shall be released from any and all further liability under the Existing Loans upon the assumption of the Existing Loans by Purchaser, with the exception of any liability arising from the existence of hazardous materials on or before the Closing Date.”
Lender Consents. Prior to the Closing, Parent shall reasonably cooperate with the Company and its Representatives, and the Company will use its reasonable best efforts, to deliver any notification to, obtain any consent, approval or waiver from, and execute and deliver any amendment, modification or agreement reasonably required or requested by, the lender under each of the Existing Loan Agreements, pursuant to the terms of the applicable Existing Loan Agreement, in connection with the execution, delivery and performance of this Agreement by the Company, Parent or Merger Sub and the consummation of the Merger and the other Transactions (collectively, the “Lender Consents”). Parent shall be solely responsible for the payment, at, prior to or after the Closing, of any fees, costs or expenses incurred or required to be paid arising out or relating to the Lender Consents.
Lender Consents. All of the Lender Consents required or requested by the lender under each of the Existing Loan Agreements shall have been obtained.
