Lenders. KeyBank, the other lending institutions which are party hereto and any other Person which becomes an assignee of any rights of a Lender pursuant to §18 (but not including any participant as described in §18). The Issuing Lender shall be a Lender, as applicable. The Swing Loan Lender shall be a Lender.
Lenders. JPMORGAN CHASE BANK, N.A., individually as Lender and Administrative Agent, By: /s/ Pxxxx Xxxxxxxxxxx Name: Pxxxx Xxxxxxxxxxx Title: Vice President BANK OF AMERICA, N.A as Lender By: /s/ Wxxxxxx X. Xxxxxxx, III Name: Wxxxxxx X. Xxxxxxx, III Title: Vice President BARCLAYS BANK PLC as Lender By: /s/ Axx X. Xxxxxx Name: Axx X. Xxxxxx Title: Director WXXXX FARGO BANK, NATIONAL ASSOCIATION, as Lender By: /s/ Kxxxx Xxxxxxx Name: Kxxxx Xxxxxxx Title: Vice President BNP PARIBAS By: /s/ Dxxxx X’Xxxxx Name: Dxxxx X’Xxxxx Title: Managing Director By: /s/ Fxxxxxx XxXxxxx Name: Fxxxxxx XxXxxxx Title: Managing Director CITIBANK, N.A., as Lender By: /s/ D. Sxxxx XxXxxxxx Name: D. Sxxxx XxXxxxxx Title: Vice President Credit Suisse AG, Cayman Islands Branch, as Lender By: /s/ Axx Xxxxxx Name: Axx Xxxxxx Title: Vice President By: /s/ Rxxxx Xxxxxx Name: Rxxxx Xxxxxx Title: Associate DEUTSCHE BANK AG NEW YORK BRANCH, as Lender By: /s/ Pxxxxxxx Xxxxxxxxx Name: Pxxxxxxx Xxxxxxxxx Title: Managing Director By: /s/ Mxxx X. Xxx Name: Mxxx X. Xxx Title: Vice President GXXXXXX SACHS BANK USA, as Lender By: /s/ Mxxx Xxxxxx Name: Mxxx Xxxxxx Title: Authorized Signatory KEYBANK NATIONAL ASSOCIATION, as Lender By: /s/ Kxxxx X Xxxxx Name: Kxxxx X Xxxxx Title: Senior Vice President MXXXXX SXXXXXX BANK, N.A., as Lender By: /s/ Mxxxxxx Xxxx Name: Mxxxxxx Xxxx Title: Authorized Signatory THE ROYAL BANK OF SCOTLAND PLC, as Lender By: /s/ Axxxxx X Xxxxxx Name: Axxxxx X Xxxxxx Title: Vice President U.S. Bank National Association, as Lender By: /s/ Mxxxxxx X. Xxxxxx Name: Mxxxxxx X. Xxxxxx Title: Vice President USB LOAN FINANCE LLC, as Lender By: /s/ Ixxx X. Xxxx Name: Ixxx X. Xxxx Title: Associate Director By: /s/ Jxxxxxx Xxxxxxxxx Name: Jxxxxxx Xxxxxxxxx Title: Associate Director BANK OF MONTREAL, as Lender By: /s/ Jxxxx X. Xxxxxx Name: Jxxxx X. Xxxxxx Title: Director MIZUHO CORPORATE BANK, LTD., as Lender By: /s/ Lxxx Mo Name: Lxxx Mo Title: Authorized Signatory THE BANK OF NEW YORK MELLON, as Lender By: /s/ JXXX XXXX Name: JXXX XXXX Title: VICE PRESIDENT By: _____________________ Name: Title: THE BANK OF NOVA SCOTIA, as Lender By: /s/ Txxxx Xxxxxx Name: Txxxx Xxxxxx Title: Managing Director By: _____________________ Name: Title: The Bank of Tokyo-Mitsubishi UFJ, Ltd., as Lender By: /s/ Chi-Cxxxx Xxxx Name: Chi-Cxxxx Xxxx Title: Vice President AMARILLO NATIONAL BANK, as Lender By: /s/ Wxxxxxx Xxxx Name: Wxxxxxx Xxxx Title: Vice President JPMorgan Chase Bank, N.A. $60,408,163.23 Bank of America...
Lenders. Any Lender that is entitled to an exemption from or reduction of withholding tax under the law of the jurisdiction in which the Borrower is located, or any treaty to which such jurisdiction is a party, with respect to payments under this Agreement shall deliver to the Borrower (with a copy to the Administrative Agent), at the time or times prescribed by applicable law or reasonably requested by the Borrower, such properly completed and executed documentation prescribed by applicable law as will permit such payments to be made without withholding or at a reduced rate. In addition, any Lender, if requested by the Borrower or the Administrative Agent, shall deliver such other documentation prescribed by applicable law or reasonably requested by the Borrower or the Administrative Agent as will enable the Borrower or the Administrative Agent to determine whether or not such Lender is subject to backup withholding or information reporting requirements. Without limiting the generality of the foregoing, if the Borrower is resident for U.S. federal income tax purposes in the United States, (A) any Lender that is a “United States person” as defined in section 7701(a)(30) of the Code shall deliver to the Borrower and the Administrative Agent on or prior to the date on which such Lender becomes a Lender under this Agreement (and from time to time thereafter upon the request of the Borrower or the Administrative Agent), executed originals of Internal Revenue Service Form W-9 or such other documentation or information prescribed by applicable laws or reasonably requested by the Borrower or the Administrative Agent as will enable the Borrower or the Administrative Agent, as the case may be, to determine whether or not such Lender is subject to backup withholding or information reporting requirement; and (B) each Foreign Lender shall deliver to the Borrower and the Administrative Agent (in such number of copies as shall be requested by the recipient) on or prior to the date on which such Foreign Lender becomes a Lender under this Agreement (and from time to time thereafter upon the reasonable request of the Borrower or the Administrative Agent, but, in any event, only if such Foreign Lender is legally entitled to do so), whichever of the following is applicable:
(i) duly completed executed originals of Internal Revenue Service Form W-8BEN or any successor form claiming eligibility for benefits of an income tax treaty to which the United States is a party,
(ii) duly comple...
Lenders. ARES SFERS CREDIT STRATEGIES FUND LLC, as an Existing Lender and Second Amendment Effective Date Term Lender By: Ares Capital Management LLC, its investment manager By: /s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: Authorized Signatory AO MIDDLE MARKET CREDIT L.P., as an Existing Lender and Second Amendment Effective Date Term Lender By: OCM Middle Market Credit G.P. Inc., its general partner By: /s/ X. Xxxxx Name: X. Xxxxx Title: Director By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Director ASH HOLDINGS II (U), L.P., as a Second Amendment Effective Date Term Lender By: Ares Capital Management LLC, its Manager By: /s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: Authorized Signatory IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed by their respective authorized officers as of the day and year first above written. LENDERS (continued): ARES CREDIT STRATEGIES INSURANCE DEDICATED FUND SERIES INTERESTS OF THE SALI MULTI-SERIES FUND, L.P., as an Existing Lender By: Ares Management LLC, its investment subadvisor By: Ares Capital Management LLC, as subadvisor By: /s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: Authorized Signatory ARES DIRECT FINANCE I LP, as an Existing Lender By: Ares Capital Management LLC, its investment manager By: /s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: Authorized Signatory AO MIDDLE MARKET CREDIT FINANCING L.P., as an Existing Lender By: AO Middle Market Credit Financing GP Ltd., its general partner By: /s/ X. Xxxxx Name: X. Xxxxx Title: Director By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Director
Lenders. The Lenders agree that, in the event that any Lender shall obtain payment in respect of any Revolving Loan, LOC Obligation or any other obligation owing to such Lender under this Credit Agreement through the exercise of a right of setoff, banker's lien or counterclaim, or pursuant to a secured claim under Section 506 of the Bankruptcy Code or other security or interest arising from, or in lieu of, such secured claim, received by such Lender under any applicable bankruptcy, insolvency or other similar law or otherwise, or by any other means, in excess of its pro rata share of such payment as provided for in this Credit Agreement, such Lender shall promptly purchase from the other Lenders a participation in such Revolving Loan, LOC Obligation and other obligations in such amounts, and make such other adjustments from time to time, as shall be equitable to the end that all such Lenders share such payment in accordance with the respective Revolving Commitment Percentages of such Lenders, as provided for in this Credit Agreement. The Lenders further agree that if payment to any such Lender obtained by such Lender through the exercise of a right of setoff, banker's lien, counterclaim or other event as aforesaid shall be rescinded or must otherwise be restored, each Lender which shall have shared the benefit of such payment shall, by repurchase of a participation theretofore sold, return its share of that benefit (together with its share of any accrued interest payable with respect thereto) to each such Lender whose payment shall have been rescinded or otherwise restored. The Borrower agrees that any Lender so purchasing such a participation may, to the fullest extent permitted by law, exercise all rights of payment, including setoff, banker's lien or counterclaim, with respect to such participation as fully as if such Lender were a holder of such Revolving Loan, LOC Obligation or other obligation in the amount of such participation. If under any applicable bankruptcy, insolvency or other similar law, any Lender receives a secured claim in lieu of a setoff to which this Section 3.16 applies, such Lender shall, to the extent practicable, exercise its rights in respect of such secured claim in a manner consistent with the rights of the Lenders under this Section 3.16 to share in the benefits of any recovery on such secured claim.
Lenders lenders party to this Agreement (including Agent in its capacity as provider of Swingline Loans) and any Person who hereafter becomes a “Lender” pursuant to an Assignment, including any Lending Office of the foregoing.
Lenders. The Security Agent shall be entitled to assume that each Lender is a Lender unless notified by the Agent to the contrary.
Lenders x The undersigned Term B-2 Lender (i) hereby consents, subject to the satisfaction of the applicable conditions set forth in the Amendment, to (x) the Amendment and (y) the Waiver set forth in Section 1 of the Amendment and (ii) is executing this Amendment as a “Term B-2 Lender” and hereby agrees, subject to the satisfaction of the conditions set forth in Section 6 of the Amendment and in the Amended Credit Agreement, to make a Term B-2 Loan to the Borrower on the Amendment No. 5 Effective Date in the amount of such Term B-2 Lender’s Term B-2 Commitment. ¨ The undersigned Revolving Credit Lender hereby consents, subject to the satisfaction of the applicable conditions set forth in the Amendment, to (i) the Amendment and (ii) the Waiver set forth in Section 1 of the Amendment. ¨ The undersigned Revolving Credit Lender is executing this Amendment as a “Class B Revolving Credit Lender” and hereby consents, subject to the satisfaction of the conditions set forth in Section 6 of the Amendment, to the Amendment and to extend the maturity date of its Revolving Credit Commitments and Revolving Credit Loans. By: Canyon Capital Advisors LLC, its Co-Investment Advisor By: /s/ Xxxxxxxx X. Xxxxxx Name: Xxxxxxxx X. Xxxxxx Title: Authorized Signatory By: Canyon Partners Real Estate LLC, its Co-Investment Advisor By: /s/ Xxxxxxxx X. Xxxxxx Name: Xxxxxxxx X. Xxxxxx Title: Authorized Signatory
Lenders. If any Lender shall make any demand for payment or reimbursement pursuant to Section 2.03(g), Section 2.03(h) or Section 2.06, then, provided that (a) there does not then exist any Unmatured Event of Default or Event of Default and (b) the circumstances resulting in such demand for payment or reimbursement are not applicable to all Lenders, Borrower may terminate the Commitment of such Lender, in whole but not in part, by (i) giving such Lender and Agent not less than three (3) Business Days prior written notice thereof, which notice shall be irrevocable and effective only upon receipt thereof by such Lender and Agent and shall specify the effective date of such termination, (ii) paying to such Lender (and there shall become due and payable) on such date the outstanding principal amount of all Loans made by such Lender, all interest thereon, and all other Obligations owed to such Lender, including, without limitation, amounts owing under Sections 2.03(g), 2.03(h)(iii), 2.04 and 2.06, if any, and (iii) pursuant to the provisions of Section 11.13, proposing the introduction of a replacement Lender reasonably satisfactory to Agent, or obtaining the agreement of one or more existing Lenders, to assume the entire amount of the Commitment of the Lender whose Commitment is being terminated, on the effective date of such termination. Upon the satisfaction of all of the foregoing conditions, such Lender which is being terminated pursuant to this Section 2.08 shall cease to be a "Lender" for purposes of this Agreement provided that Borrower shall continue to be obligated to such Lender under Sections 12.01 and 12.02 (and any other indemnifications contained herein or in any other Loan Document) with respect to or on account of unpaid, unliquidated, unknown or similar claims or liabilities accruing prior to such Lender ceasing to be a "Lender" for purposes of this Agreement.
