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 Lender 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 Lender’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. 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. 2.1 Each Lender that, on or prior to 10:00 a.m. (New York time) on March 13, 2013 (as such time and date may be extended by the Administrative Agent with the consent of the Borrower, the “Consent Due Date”) has executed and delivered to the Administrative Agent a Consent to Second Amendment substantially in the form attached hereto as Annex A (the “Consent”) shall have consented to this Amendment.
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.
Lender Consents. All consents and approvals of all lenders for borrowed money of either or both of Merisel or Europe required for the transactions contemplated hereby shall have been obtained on terms reasonably satisfactory to Sellers, including without limitation, the rescheduling of amortization payments and obtaining covenant amendments on terms reasonably satisfactory to Sellers.
