Common use of Lenders' Decisions Clause in Contracts

Lenders' Decisions. Until a Loan Assignment is made, all Lenders' Decisions shall be made solely by FINOVA. After a Loan Assignment is made, any Lenders' Decisions which may be made pursuant to the Loan Instruments by Lenders or as to which the Lenders shall have the right to consent shall be made as set forth in the applicable Lender Addition Agreements; provided, however, that (i) except as set forth in clause (ii) below, such Lender Addition Agreements shall provide that any holder or holders of 67% or more of the Principal Balance shall have the right to make all Lenders' Decisions and to consent to any matter arising under the Loan Instruments without obtaining the consent of any other holder or holders of the Principal Balance and (ii) the Lender Addition Agreements may provide that the consent of all Lenders shall be required for Lenders' Decisions relating to (A) increasing the amount of the Loan, (B) extending the Maturity Date, (C) altering the interest rates applicable to or the repayment terms of the Loan or (D) amending Article VII or Article IX.

Appears in 4 contracts

Samples: Loan Agreement (Aquis Communications Group Inc), Loan Agreement (Paging Partners Corp), Loan Agreement (Aquis Communications Group Inc)

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Lenders' Decisions. Until a Loan Assignment is made, all Lenders' Decisions shall be made solely by FINOVA. After a Loan Assignment is made, any Lenders' Decisions which may be made pursuant to the Loan Instruments by Lenders or as to which the Lenders shall have the right to consent shall be made as set forth in the applicable Lender Addition Agreements; provided, however, that (i) except as set forth in clause (ii) below, such Lender Addition Agreements shall provide that any holder or holders of 67% or more of the Principal Balance shall have the right to make all Lenders' Decisions and to consent to any matter arising under the Loan Instruments without obtaining the consent of any other holder or holders of the Principal Balance and (ii) the Lender Addition Agreements may provide that the consent of all Lenders shall be required for Lenders' Decisions relating to (A) increasing the amount of the Loan, (B) extending the Maturity Date, (C) altering the interest rates applicable to or the repayment terms of the Loan or (D) amending Article VII or Article IX.the

Appears in 1 contract

Samples: Loan Agreement (Aquis Communications Group Inc)

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