Lending Offices. (a) Each Lender agrees that, if requested by Intermet, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar Advances affected by the matters or circumstances described in Sections 3.07(b), 3.08, 3.09 or 3.10 to reduce the liability of Intermet or avoid the results provided thereunder, so long as such designation is not disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.11 shall affect or postpone any of the obligations of Intermet or any right of any Lender provided hereunder. (b) If any Lender that is organized under the laws of any jurisdiction other than the United States of America or any State thereof (including the District of Columbia) issues a public announcement with respect to the closing of its lending offices in the United States such that any withholdings or deductions and additional payments with respect to Taxes may be required to be made by Intermet thereafter pursuant to Section 3.07(b), such Lender shall use reasonable efforts to furnish Intermet notice thereof as soon as practicable thereafter; provided, however, that no delay or failure to furnish such notice shall in any event release or discharge Intermet from its obligations to such Lender pursuant to Section 3.07(b) or otherwise result in any liability of such Lender.
Appears in 4 contracts
Samples: Credit Agreement (Intermet Corp), Term Loan Agreement (Intermet Corp), Credit Agreement (I M Acquisition Corp)
Lending Offices. (a) Each Lender agrees that, if requested by Intermetthe Borrower, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar Advances affected by the matters or circumstances described in Sections 3.07(b), 3.08, 3.09 or 3.10 to reduce the liability of Intermet the Borrower or avoid the results provided thereunder, so long as such designation is not disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.11 shall affect or postpone any of the obligations of Intermet the Borrower or any right of any Lender provided hereunder.
(b) If any Lender that is organized under the laws of any jurisdiction other than the United States of America or any State thereof (including the District of Columbia) issues a public announcement with respect to the closing of its lending offices in the United States such that any withholdings or deductions and additional payments with respect to Taxes may be required to be made by Intermet the Borrower thereafter pursuant to Section 3.07(b), such Lender shall use reasonable efforts to furnish Intermet the Borrower notice thereof as soon as practicable thereafter; provided, however, that no delay or failure to furnish such notice shall in any event release or discharge Intermet the Borrower from its obligations to such Lender pursuant to Section 3.07(b) or otherwise result in any liability of such Lender.
Appears in 4 contracts
Samples: Credit Agreement (Ironton Iron Inc), Term Loan Agreement (Intermet Corp), Credit Agreement (Intermet Corp)
Lending Offices. (a) Each Lender agrees that, if requested by IntermetBorrower, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar LIBOR Advances affected by the matters or circumstances described in Sections 3.07(b4.7(b), 3.084.8, 3.09 4.9 or 3.10 4.10 to reduce the liability of Intermet Borrower or avoid the results provided thereunder, so long as such designation is not disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.11 4.11 shall affect or postpone any of the obligations of Intermet Borrower or any right of any Lender provided hereunder.
(b) If any Lender that is organized under the laws of any jurisdiction other than the United States of America or any State thereof (including the District of Columbia) issues a public announcement with respect to the closing of its lending offices in the United States such that any withholdings or deductions and additional payments with respect to Taxes may be required to be made by Intermet Borrower thereafter pursuant to Section 3.07(b4.7(b), such Lender shall use reasonable efforts to furnish Intermet Borrower notice thereof as soon as practicable thereafter; provided, however, that no delay or failure to furnish such notice shall in any event release or discharge Intermet Borrower from its obligations to such Lender pursuant to Section 3.07(b4.7(b) or otherwise result in any liability of such Lender.
Appears in 3 contracts
Samples: Revolving Credit and Line of Credit Agreement (Rotech Medical Corp), Revolving Credit Agreement (Discount Auto Parts Inc), Revolving Credit and Line of Credit Agreement (Rotech Medical Corp)
Lending Offices. (a) Each Lender agrees that, if requested by IntermetBorrower, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar Advances affected by the matters or circumstances described in Sections 3.07(b3.08(b), 3.083.09, 3.09 3.10 or 3.10 3.11 to reduce the liability of Intermet Borrower or avoid the results provided thereunder, so long as such designation is not disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.11 3.12 shall affect or postpone any of the obligations of Intermet Borrower or any right of any Lender provided hereunder.
(b) If any Lender that is organized under the laws of any jurisdiction other than the United States of America or any State thereof (including the District of Columbia) issues a public announcement with respect to the closing of its lending offices in the United States of America or any State thereof (including the District of Columbia) such that any withholdings or deductions and additional payments with respect to Taxes may be required to be made by Intermet Borrower thereafter pursuant to Section 3.07(b3.08(b), such Lender shall use reasonable efforts to furnish Intermet Borrower notice thereof as soon as practicable thereafter; provided, however, that no delay or failure to furnish such notice shall in any event release or discharge Intermet Borrower from its obligations to such Lender pursuant to Section 3.07(b3.08(b) or otherwise result in any liability of such Lender.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Hughes Supply Inc), Revolving Credit Agreement (Hughes Supply Inc), Revolving Credit Agreement (Hughes Supply Inc)
Lending Offices. (a) Each Lender agrees that, if requested by Intermetthe Borrower, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar portions of LIBOR Advances affected by the matters or circumstances described in Sections 3.07(b4.07(b), 3.084.08, 3.09 4.09 or 3.10 4.10 to reduce the liability of Intermet the Borrower or avoid the results provided thereunder, so long as such designation is not disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.11 4.11 shall affect or postpone any of the obligations of Intermet Borrower or any right of any Lender provided hereunder.
(b) If any Lender that is organized under the laws of any jurisdiction other than the United States of America or any State thereof (including the District of Columbia) issues a public announcement with respect to the closing of its lending offices in the United States such that any withholdings or deductions and additional payments with respect to Taxes may be required to be made by Intermet Borrower thereafter pursuant to Section 3.07(b4.07(b), such Lender shall use reasonable efforts to furnish Intermet Interface notice thereof as soon as practicable thereafter; provided, however, that no delay or failure to furnish such notice shall in any event release or discharge Intermet the Borrower from its their obligations to such Lender pursuant to Section 3.07(b4.07(b) or otherwise result in any liability of such Lender.
Appears in 3 contracts
Samples: Credit Agreement (Interface Inc), Credit Agreement (Interface Inc), Credit Agreement (Interface Inc)
Lending Offices. (a) Each Lender agrees that, if requested by IntermetBorrower, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar Advances affected by the matters or circumstances described in Sections 3.07(b3.06(b), 3.083.07, 3.08 or 3.09 or 3.10 to reduce the liability of Intermet Borrower or avoid the results provided thereunder, so long as such designation is not materially disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.11 3.10 shall affect or postpone any of the obligations of Intermet Borrower or any right of any Lender provided hereunder.
(b) If any Lender that is organized under the laws of any jurisdiction other than the United States of America or any State thereof (including the District of Columbia) issues a public announcement with respect to the closing of its lending offices in the United States such that any withholdings or deductions and additional payments with respect to Taxes may be required to be made by Intermet Borrower thereafter pursuant to Section 3.07(b3.06(b), such Lender shall use reasonable efforts to furnish Intermet Borrower notice thereof as soon as practicable thereafter; provided, however, that no delay or failure to furnish such notice shall in any event release or discharge Intermet Borrower from its obligations to such Lender pursuant to Section 3.07(b3.06(b) or otherwise result in any liability of such Lender.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Choicepoint Inc), Revolving Credit Agreement (Choicepoint Inc)
Lending Offices. (a) Each Lender agrees that, if requested by Intermetthe Borrower Representative, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar Advances portions of LIBOR Loans affected by the matters or circumstances described in Sections 3.07(b)5.12, 3.085.13, 3.09 or 3.10 5.14 and 12.20, to reduce the liability of Intermet the Borrowers or avoid the results provided thereunder, so long as such designation is not disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.11 5.15 shall affect or postpone any of the obligations of Intermet such Borrower or any right of any Revolving Lender provided hereunder.
(b) If any Lender that is organized under the laws of any jurisdiction other than the United States of America or any State thereof (including the District of Columbia) issues a public announcement with respect to the closing of its lending offices in the United States such that any withholdings or deductions and additional payments with respect to Taxes may be required to be made by Intermet the Borrowers thereafter pursuant to Section 3.07(b5.09(b), such Lender shall use reasonable efforts to furnish Intermet the Borrower Representative notice thereof as soon as practicable thereafter; provided, however, that no delay or failure to furnish such notice shall in any event release or discharge Intermet the Borrowers from its their obligations to such Lender pursuant to Section 3.07(b5.09(b) or otherwise result in any liability of such Lender.
Appears in 2 contracts
Samples: Revolving Credit and Term Loan Agreement (Catalina Lighting Inc), Revolving Credit and Term Loan Agreement (Catalina Lighting Inc)
Lending Offices. (a) Each Lender agrees that, if requested by IntermetBorrower, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar Advances affected by the matters or circumstances described in Sections 3.07(b), 3.08, 3.09 or 3.10 to reduce the liability of Intermet Borrower or avoid the results provided thereunder, so long as such designation is not disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.11 shall affect or postpone any of the obligations of Intermet Borrower or any right of any Lender provided hereunder.
(b) If any Lender that is organized under the laws of any jurisdiction other than the United States of America or any State thereof (including the District of Columbia) issues a public announcement with respect to the closing of its lending offices in the United States such that any withholdings or deductions and additional payments with respect to Taxes may be required to be made by Intermet Borrower thereafter pursuant to Section 3.07(b), such Lender shall use reasonable efforts to furnish Intermet Borrower notice thereof as soon as practicable thereafter; provided, however, that no delay or failure to furnish such notice shall in any event release or discharge Intermet Borrower from its obligations to such Lender pursuant to Section 3.07(b) or otherwise result in any liability of such Lender.
Appears in 2 contracts
Samples: Credit Agreement (Haverty Furniture Companies Inc), Revolving Credit Agreement (Oneita Industries Inc)
Lending Offices. (a) Each Lender agrees that, if requested by IntermetBorrower, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar Advances or Alternative Currency Loans, as applicable, affected by the matters or circumstances described in Sections 3.07(b3.06(b), 3.083.07, 3.08 or 3.09 or 3.10 to reduce the liability of Intermet Borrower or avoid the results provided thereunder, so long as such designation is not materially disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.11 3.10 shall affect or postpone any of the obligations of Intermet Borrower or any right of any Lender provided hereunder.
(b) If any Lender that is organized under the laws of any jurisdiction other than the United States of America or any State thereof (including the District of Columbia) issues a public announcement with respect to the closing of its lending offices in the United States such that any withholdings or deductions and additional payments with respect to Taxes may be required to be made by Intermet Borrower thereafter pursuant to Section 3.07(b3.06(b), such Lender shall use reasonable efforts to furnish Intermet Borrower notice thereof as soon as practicable thereafter; provided, however, that no delay or failure to furnish such notice shall in any event release or discharge Intermet Borrower from its obligations to such Lender pursuant to Section 3.07(b3.06(b) or otherwise result in any liability of such Lender.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Choicepoint Inc), Revolving Credit Agreement (Choicepoint Inc)
Lending Offices. (a) Each Lender agrees that, if requested by IntermetBorrower, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar Advances affected by the matters or circumstances described in Sections 3.07(b3.06(b), 3.083.07, 3.08 or 3.09 or 3.10 to reduce the liability of Intermet Borrower or avoid the results provided thereunder, so long as such designation is not materially disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.11 3.10 shall affect or postpone any of the obligations of Intermet Borrower or any right of any Lender provided hereunder.
(b) If any Lender that is organized under the laws of any jurisdiction other than the United States of America or any State thereof (including the District of Columbia) issues a public announcement with respect to the closing of its lending offices in the United States such that any withholdings or deductions and additional payments with respect to Taxes may be required to be made by Intermet Borrower thereafter pursuant to Section 3.07(b3.06(b), such Lender shall use reasonable efforts to furnish Intermet Borrower notice thereof as soon as practicable thereafter; provided, however, that no delay or failure to furnish such notice shall in any event release or discharge Intermet from its obligations to such Lender pursuant to Section 3.07(b) or otherwise result in any liability of such Lender.or
Appears in 1 contract
Lending Offices. (a) Each Lender agrees that, if requested by IntermetBorrower, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar Advances Loans affected by the matters or circumstances described in Sections 3.07(b3.06(b), 3.083.07, 3.08 or 3.09 or 3.10 to reduce the liability of Intermet Borrower or avoid the results provided thereunder, so long as such designation is not materially disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.11 3.10 shall affect or postpone any of the obligations of Intermet Borrower or any right of any Lender provided hereunder.
(b) If any Lender that is organized under the laws of any jurisdiction other than the United States of America or any State thereof (including the District of Columbia) issues a public announcement with respect to the closing of its lending offices in the United States such that any withholdings or deductions and additional payments with respect to Taxes may be required to be made by Intermet Borrower thereafter pursuant to Section 3.07(b3.06(b), such Lender shall use reasonable efforts to furnish Intermet Borrower notice thereof as soon as practicable thereafter; provided, however, that no delay or failure to furnish such notice shall in any event release or discharge Intermet Borrower from its obligations to such Lender pursuant to Section 3.07(b3.06(b) or otherwise result in any liability of such Lender.
Appears in 1 contract
Lending Offices. (a1) Each Lender agrees that, if requested by IntermetBorrower, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar Advances affected by the matters or circumstances described in Sections 3.07(b), 3.08, 3.09 or 3.10 to reduce the liability of Intermet Borrower or avoid the results provided thereunder, so long as such designation is not disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.11 shall affect or postpone any of the obligations of Intermet Borrower or any right of any Lender provided hereunder.
(b2) If any Lender that is organized under the laws of any jurisdiction other than the United States of America or any State thereof (including the District of Columbia) issues a public announcement with respect to the closing of its lending offices in the United States of America such that any withholdings or deductions and additional payments with respect to Taxes may be required to be made by Intermet Borrower thereafter pursuant to Section 3.07(b), such Lender shall use reasonable efforts to furnish Intermet Borrower notice thereof as soon as practicable thereafter; providedPROVIDED, howeverHOWEVER, that no delay or failure to furnish such notice shall in any event release or discharge Intermet Borrower from its obligations to such Lender pursuant to Section 3.07(b) or otherwise result in any liability of such Lender.
Appears in 1 contract
Lending Offices. (a) o Each Lender Affected Party agrees that, if requested by IntermetDollar, it will use reasonable efforts (subject to overall policy considerations of such LenderAffected Party) to designate an alternate Lending Office with respect to any of its Eurodollar LIBOR Advances affected by the matters or circumstances described in Sections 3.07(bSection 7.5(a), 3.08(b), 3.09 (c) or 3.10 (d) to reduce the liability of Intermet the Lessees or avoid the results provided thereunder, so long as such designation is not disadvantageous to such Lender Affected Party as reasonably determined by such LenderAffected Party, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.11 7.5(e) shall affect or postpone any of the obligations of Intermet any Lessee or any right of any Lender Lessee provided hereunder.
(b) hereunder or under the other Operative Documents. o If any Lender Affected Party that is organized under the laws of any jurisdiction other than the United States of America or any State thereof (including the District of Columbia) issues a public announcement with respect to the closing of its lending offices Lending Offices in the United States such that any withholdings or deductions and additional payments with respect to Taxes may be required to be made by Intermet a Lessee thereafter pursuant to Section 3.07(b7.5(a)(ii), such Lender Affected Party shall use reasonable efforts to furnish Intermet Dollar notice thereof as soon as practicable thereafter; provided, however, that no delay or failure to furnish such notice shall in any event release or discharge Intermet any Lessee from its obligations to such Lender Affected Party pursuant to Section 3.07(b7.5(a) or otherwise result in any liability of such LenderAffected Party.
Appears in 1 contract
Lending Offices. (a1) Each Lender agrees that, if requested by IntermetBorrower, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar Advances affected by the matters or circumstances described in Sections 3.07(b), 3.08, 3.09 or 3.10 to reduce the liability of Intermet Borrower or avoid the results provided thereunder, so long as such designation is not disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.11 shall affect or postpone any of the obligations of Intermet Borrower or any right of any Lender provided hereunder.
(b2) If any Lender that is organized under the laws of any jurisdiction other than the United States of America or any State thereof (including the District of Columbia) issues a public announcement with respect to the closing of its lending offices in the United States of America such that any withholdings or deductions and additional payments with respect to Taxes may be required to be made by Intermet Borrower thereafter pursuant to Section 3.07(b), such Lender shall use reasonable efforts to furnish Intermet Borrower notice thereof as soon as practicable thereafter; provided, however, that no delay or failure to furnish such notice shall in any event release or discharge Intermet Borrower from its obligations to such Lender pursuant to Section 3.07(b) or otherwise result in any liability of such Lender.
Appears in 1 contract
Lending Offices. (a) Each Lender agrees that, if requested by Intermetthe Bor- rowers, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar portions of Fixed Rate Advances affected by the matters or circumstances described in Sections 3.07(b4.07(b), 3.084.08, 3.09 4.09 or 3.10 4.10 to reduce the liability of Intermet the Borrowers or avoid the results provided thereunder, so long as such designation is not disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.11 4.11 shall affect or postpone any of the obligations of Intermet any Borrower or any right of any Lender provided hereunder.
(b) If any Lender that is organized under the laws of any jurisdiction other than the United States of America or any State thereof (including the District of Columbia) issues a public announcement with respect to the closing of its lending offices in the United States such that any withholdings or deductions and additional payments with respect to Taxes may be required to be made by Intermet any Borrower thereafter pursuant to Section 3.07(b4.07(b), such Lender shall use reasonable efforts to furnish Intermet Interface notice thereof as soon as practicable thereafter; providedPROVIDED, howeverHOWEVER, that no delay or failure to furnish such notice shall in any event release or discharge Intermet the Borrowers from its their obligations to such Lender pursuant to Section 3.07(b4.07(b) or otherwise result in any liability of such Lender.
Appears in 1 contract
Samples: Credit Agreement (Interface Inc)
Lending Offices. (a) Each Lender agrees that, if requested by IntermetBorrower, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar Advances affected by the matters or circumstances described in Sections 3.07(bSection 4.7(b), 3.084.8, 3.09 4.9 or 3.10 4.10 to reduce the liability of Intermet Borrower or avoid the results provided thereunder, so long as such designation is not disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.11 4.11 shall affect or postpone any of the obligations of Intermet Borrower or any right of any Lender provided hereunder.
(b) If any Lender that is organized under the laws of any jurisdiction other than the United States of America or any State thereof (including the District of Columbia) issues a public announcement with respect to the closing of its lending offices in the United States such that any withholdings or deductions and additional payments with respect to Taxes may be required to be made by Intermet Borrower thereafter pursuant to Section 3.07(b4.7(b), such Lender shall use reasonable efforts to furnish Intermet Borrower notice thereof as soon as practicable thereafter; provided, however, that no delay or failure to furnish such notice shall in any event release or discharge Intermet Borrower from its obligations to such Lender pursuant to Section 3.07(b4.7(b) or otherwise result in any liability of such Lender.
Appears in 1 contract
Samples: Revolving Credit and Line of Credit Agreement (Office Depot Inc)
Lending Offices. (a) Each Lender agrees that, if requested by IntermetBorrower, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar Advances affected by the matters or circumstances described in Sections 3.07(b2.09(b), 3.082.10, 3.09 2.11 or 3.10 2.12 to reduce the liability of Intermet Borrower or avoid the results provided thereunder, so long as such designation is not disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.11 2.13 shall affect or postpone any of the obligations of Intermet Borrower or any right of any Lender provided hereunder.
(b) If any Lender that is organized under the laws of any jurisdiction other than the United States of America or any State thereof (including the District of Columbia) issues a public announcement with respect to the closing of its lending offices in the United States such that any withholdings or deductions and additional payments with respect to Taxes may be required to be made by Intermet Borrower thereafter pursuant to Section 3.07(b2.09(b), such Lender shall use reasonable efforts to furnish Intermet Borrower notice thereof as soon as practicable thereafter; provided, however, that no delay or failure to furnish such notice shall in any event release or discharge Intermet Borrower from its obligations to such Lender pursuant to Section 3.07(b2.09(b) or otherwise result in any liability of such Lender.
Appears in 1 contract
Lending Offices. (a) Each Lender agrees that, if requested by Intermetthe Borrowers, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar portions of LIBOR Advances affected by the matters or circumstances described in Sections 3.07(b4.07(b), 3.084.08, 3.09 4.09 or 3.10 4.10 to reduce the liability of Intermet the Borrowers or avoid the results provided thereunder, so long as such designation is not disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.11 4.11 shall affect or postpone any of the obligations of Intermet any Borrower or any right of any Lender provided hereunder.
(b) If any Lender that is organized under the laws of any jurisdiction other than the United States of America or any State thereof (including the District of Columbia) issues a public announcement with respect to the closing of its lending offices in the United States such that any withholdings or deductions and additional payments with respect to Taxes may be required to be made by Intermet any Borrower thereafter pursuant to Section 3.07(b4.07(b), such Lender shall use reasonable efforts to furnish Intermet Interface notice thereof as soon as practicable thereafter; provided, however, that no delay or failure to furnish such notice shall in any event release or discharge Intermet the Borrowers from its their obligations to such Lender pursuant to Section 3.07(b4.07(b) or otherwise result in any liability of such Lender.
Appears in 1 contract
Samples: Credit Agreement (Interface Inc)
Lending Offices. (a) Each Lender agrees that, if requested by IntermetBorrowers, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar Advances affected by the matters or circumstances described in Sections 3.07(b4.07(b), 3.084.08, 3.09 4.09 or 3.10 4.10 to reduce the liability of Intermet Borrowers or avoid the results provided thereunder, so long as such designation is not disadvantageous to such Lender as reasonably determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.11 4.11 shall affect or postpone any of the obligations of Intermet Borrowers or any right of any Lender provided hereunder.
(b) If any Lender that is organized under the laws of any jurisdiction other than the United States of America or any State thereof (including the District of Columbia) issues a public announcement with respect to the closing of its lending offices in the United States such that any withholdings or deductions and additional payments with respect to Taxes may be required to be made by Intermet Borrowers thereafter pursuant to Section 3.07(b4.07(b), such Lender shall use reasonable efforts to furnish Intermet Borrowers notice thereof as soon as practicable thereafter; provided, however, that no delay or failure to furnish such notice shall in any event release or discharge Intermet Borrowers from its obligations to such Lender pursuant to Section 3.07(b4.07(b) or otherwise result in any liability of such Lender.
Appears in 1 contract
Samples: Credit Agreement (Dyersburg Corp)
Lending Offices. (a) Each Lender agrees that, if requested by IntermetBorrower, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar Advances affected by the matters or circumstances described in Sections 3.07(b4.7(b), 3.084.8, 3.09 4.9 or 3.10 4.10 to reduce the liability of Intermet Borrower or avoid the results provided thereunder, so long as such designation is not disadvantageous to such Lender as reasonably determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.11 4.11 shall affect or postpone any of the obligations of Intermet Borrower or any right of any Lender provided hereunder.
(b) If any Lender that is organized under the laws of any jurisdiction other than the United States of America or any State thereof (including the District of Columbia) issues a public announcement with respect to the closing of its lending offices in the United States such that any withholdings or deductions and additional payments with respect to Taxes may be required to be made by Intermet Borrower thereafter pursuant to Section 3.07(b)4.7(b) hereof, such Lender shall use reasonable efforts to furnish Intermet Borrower notice thereof as soon as practicable thereafter; provided, however, that no delay or failure to furnish such notice shall in any event release or discharge Intermet Borrower from its obligations to such Lender pursuant to said Section 3.07(b4.7(b) or otherwise result in any liability of such Lender.
Appears in 1 contract
Samples: Revolving Line of Credit and Term Loan Agreement (Solar Mates Inc)
Lending Offices. (a) Each Lender agrees that, if requested by Intermetthe Borrowers, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar portions of Fixed Rate Advances affected by the matters or circumstances described in Sections 3.07(b5.07(b), 3.085.08, 3.09 5.09 or 3.10 5.10 to reduce the liability of Intermet the Borrowers or avoid the results provided thereunder, so long as such designation is not disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.11 5.11 shall affect or postpone any of the obligations of Intermet any Borrower or any right of any Lender provided hereunder.
(b) If any Lender that is organized under the laws of any jurisdiction other than the United States of America or any State thereof (including the District of Columbia) issues a public announcement with respect to the closing of its lending offices in the United States such that any withholdings or deductions and additional payments with respect to Taxes may be required to be made by Intermet any Borrower thereafter pursuant to Section 3.07(b5.07(b), such Lender shall use reasonable efforts to furnish Intermet Interface notice thereof as soon as practicable thereafter; provided, however, that no delay or failure to furnish such notice shall in any event release or discharge Intermet the Borrowers from its their obligations to such Lender pursuant to Section 3.07(b5.07(b) or otherwise result in any liability of such Lender.
Appears in 1 contract
Samples: Credit Agreement (Interface Inc)
Lending Offices. (a) Each Lender agrees that, if requested by IntermetBorrower, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar Advances affected by the matters or circumstances described in Sections 3.07(b), 3.08, 3.09 or 3.10 to reduce the liability of Intermet Borrower or avoid the results provided thereunder, so long as such designation is not disadvantageous to such Lender as reasonably determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.11 shall affect or postpone any of the obligations of Intermet Borrower or any right of any Lender provided hereunder.
(b) If any Lender that is organized under the laws of any jurisdiction other than the United States of America or any State thereof (including the District of Columbia) issues a public announcement with respect to the closing of its lending offices in the United States such that any withholdings or deductions and additional payments with respect to Taxes may be required to be made by Intermet Borrower thereafter pursuant to Section 3.07(b), such Lender shall use reasonable efforts to furnish Intermet Borrower notice thereof as soon as practicable thereafter; provided, however, that no delay or failure to furnish such notice shall in any event release or discharge Intermet Borrower from its obligations to such Lender pursuant to Section 3.07(b) or otherwise result in any liability of such Lender.
Appears in 1 contract
Lending Offices. (a) Each Lender agrees that, if requested by IntermetBorrower, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar LIBOR Advances, Multicurrency Loans or Swing Line Advances affected by the matters or circumstances described in Sections 3.07(b4.7(b), 3.084.8, 3.09 4.9 or 3.10 4.10 to reduce the liability of Intermet Borrower or avoid the results provided thereunder, so long as such designation is not disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.11 4.11 shall affect or postpone any of the obligations of Intermet Borrower or any right of any Lender provided hereunder.
(b) If any Lender that is organized under the laws of any jurisdiction other than the United States of America or any State thereof (including the District of Columbia) issues a public announcement with respect to the closing of its lending offices in the United States such that any withholdings or deductions and additional payments with respect to Taxes may be required to be made by Intermet Borrower thereafter pursuant to Section 3.07(b4.7(b), such Lender shall use reasonable efforts to furnish Intermet Borrower notice thereof as soon as practicable thereafter; provided, however, that no delay or failure to furnish such notice shall in any event release or discharge Intermet Borrower from its obligations to such Lender pursuant to Section 3.07(b4.7(b) or otherwise result in any liability of such Lender.
Appears in 1 contract
Samples: Revolving Credit Agreement (Planet Hollywood International Inc)
Lending Offices. (a) Each Lender agrees that, if requested by IntermetBorrower, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar Advances LIBOR Advances, Multicurrency Loans or Term Loans bearing interest determined with reference to LIBOR affected by the matters or circumstances described in Sections 3.07(b4.7(b), 3.084.8, 3.09 4.9 or 3.10 4.10 to reduce the liability of Intermet Borrower or avoid the results provided thereunder, so long as such designation is not disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.11 4.11 shall affect or postpone any of the obligations of Intermet Borrower or any right of any Lender provided hereunder.
(b) If any Lender that is organized under the laws of any jurisdiction other than the United States of America or any State thereof (including the District of Columbia) issues a public announcement with respect to the closing of its lending offices in the United States such that any withholdings or deductions and additional payments with respect to Taxes may be required to be made by Intermet Borrower thereafter pursuant to Section 3.07(b4.7(b), such Lender shall use reasonable efforts to furnish Intermet Borrower notice thereof as soon as practicable thereafter; provided, however, that no delay or failure to furnish such notice shall in any event release or discharge Intermet Borrower from its obligations to such Lender pursuant to Section 3.07(b4.7(b) or otherwise result in any liability of such Lender.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Planet Hollywood International Inc)
Lending Offices. (a) Each Lender agrees that, if requested by IntermetBorrower, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar Advances affected by the matters or circumstances described in Sections 3.07(bSECTION 3.7(b), 3.083.8, 3.09 3.9 or 3.10 to reduce the liability of Intermet Borrower or avoid the results provided thereunder, so long as such designation is not disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section SECTION 3.11 shall affect or postpone any of the obligations of Intermet Borrower or any right of any Lender provided hereunder.
(b) If any Lender that is organized under the laws of any jurisdiction other than the United States of America or any State thereof (including the District of Columbia) issues a public announcement with respect to the closing of its lending offices in the United States such that any withholdings or deductions and additional payments with respect to Taxes may be required to be made by Intermet Borrower thereafter pursuant to Section 3.07(bSECTION 3.7(b), such Lender shall use reasonable efforts to furnish Intermet Borrower notice thereof as soon as practicable thereafter; provided, however, that no delay or failure to furnish such notice shall in any event release or discharge Intermet Borrower from its obligations to such Lender pursuant to Section 3.07(bSECTION 3.7(b) or otherwise result in any liability of such Lender.
Appears in 1 contract
Samples: 364 Day Revolving Credit Agreement (Office Depot Inc)
Lending Offices. (a) Each Lender agrees that, if requested by IntermetBorrower, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar Advances affected by the matters or circumstances described in Sections 3.07(b4.07(b), 3.084.08, 3.09 4.09 or 3.10 4.10 to reduce the liability of Intermet Borrower or avoid the results provided thereunder, so long as such designation is not disadvantageous to such Lender as reasonably determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.11 4.11 shall affect or postpone any of the obligations of Intermet Borrower or any right of any Lender provided hereunder.
(b) If any Lender that is organized under the laws of any jurisdiction other than the United States of America or any State thereof (including the District of Columbia) issues a public announcement with respect to the closing of its lending offices in the United States such that any withholdings or deductions and additional payments with respect to Taxes may be required to be made by Intermet Borrower thereafter pursuant to Section 3.07(b4.07(b), such Lender shall use reasonable efforts to furnish Intermet Borrower notice thereof as soon as practicable thereafter; provided, however, that no delay or failure to furnish such notice -------- ------- shall in any event release or discharge Intermet Borrower from its obligations to such Lender pursuant to Section 3.07(b4.07(b) or otherwise result in any liability of such Lender; provided that such notice is provided to the Borrower within forty-five -------- ---- (45) days of such Lender obtaining knowledge of the application of such Taxes to payments under this Agreement.
Appears in 1 contract
Lending Offices. (a) Each Lender agrees that, if requested by IntermetBorrower, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar Advances affected by the matters or circumstances described in Sections 3.07(b), 3.08, 3.09 or 3.10 to reduce the liability of Intermet Borrower or avoid the results provided thereunder, so long as such designation is not disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.11 shall affect or postpone any of the obligations of Intermet Borrower or any right of any Lender provided hereunder.
(b) If any Lender that is organized under the laws of any jurisdiction other than the United States of America or any State thereof (including the District of Columbia) issues a public announcement with respect to the closing of its lending offices in the United States of America such that any withholdings or deductions and additional payments with respect to Taxes may be required to be made by Intermet Borrower thereafter pursuant to Section 3.07(b), such Lender shall use reasonable efforts to furnish Intermet Borrower notice thereof as soon as practicable thereafter; provided, however, that no delay or failure to furnish such notice shall in any event release or discharge Intermet Borrower from its obligations to such Lender pursuant to Section 3.07(b) or otherwise result in any liability of such Lender.
Appears in 1 contract
Lending Offices. (ai) Each Lender agrees that, if requested by IntermetDollar, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar LIBOR Advances affected by the matters or circumstances described in Sections 3.07(bSection 7.5(a), 3.08(b), 3.09 (c) or 3.10 (d) to reduce the liability of Intermet the Lessees or avoid the results provided thereunder, so long as such designation is not disadvantageous to such Lender as reasonably determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.11 7.5(e) shall affect or postpone any of the obligations of Intermet any Lessee or any right of any Lessee any Lender provided hereunderhereunder or under the other Operative Documents.
(bii) If any Lender that is organized under the laws of any jurisdiction other than the United States of America or any State thereof (including the District of Columbia) issues is sues a public announcement with respect to the closing of its lending offices Lending Offices in the United States such that any withholdings or deductions and additional payments with respect to Taxes may be required to be made by Intermet a Lessee thereafter pursuant to Section 3.07(b7.5(a)(ii), such Lender shall use reasonable efforts to furnish Intermet Borrower notice thereof as soon as practicable thereafter; provided, however, that no delay or failure to furnish such notice shall in any event release or discharge Intermet any Lessee from its obligations to such Lender pursuant to Section 3.07(b7.5(a) or otherwise result in any liability of such Lender.
Appears in 1 contract
Lending Offices. (a1) Each Lender agrees that, if requested by IntermetBorrower, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar Advances affected by the matters or circumstances described in Sections 3.07(b), 3.08, 3.09 or 3.10 to reduce the liability of Intermet Borrower or avoid the results provided thereunder, so long as such designation is not disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.11 shall affect or postpone any of the obligations of Intermet Borrower or any right of any Lender provided hereunder.
(b2) If any Lender that is organized under the laws of any jurisdiction other than the United States of America or any State thereof (including the District of Columbia) issues a public announcement with respect to the closing of its lending offices in the United States of America such that any withholdings or deductions and additional payments with respect to Taxes may be required to be made by Intermet Borrower thereafter pursuant to Section 3.07(b), such Lender shall use reasonable efforts to furnish Intermet Borrower notice thereof as soon as practicable thereafter; provided, however, that no delay or failure to -------- ------- furnish such notice shall in any event release or discharge Intermet Borrower from its obligations to such Lender pursuant to Section 3.07(b) or otherwise result in any liability of such Lender.
Appears in 1 contract
Lending Offices. (a) Each Lender agrees that, if requested by IntermetBorrower, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar Advances affected by the matters or circumstances described in Sections 3.07(b4.07(b), 3.084.08, 3.09 4.09 or 3.10 4.10 to reduce the liability of Intermet Borrower or avoid the results provided thereunder, so long as such designation is not disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.11 4.11 shall affect or postpone any of the obligations of Intermet Borrower or any right of any Lender provided hereunder.
(b) If any Lender that is organized under the laws of any jurisdiction other than the United States of America or any State thereof (including the District of Columbia) issues a public announcement with respect to the closing of its lending offices in the United States such that any withholdings or deductions and additional payments with respect to Taxes may be required to be made by Intermet Borrower thereafter pursuant to Section 3.07(b4.07(b), such Lender shall use reasonable efforts to furnish Intermet Borrower notice thereof as soon as practicable thereafter; provided, however, that no delay or failure to furnish such notice shall in any event release or discharge Intermet Borrower from its obligations to such Lender pursuant to Section 3.07(b4.07(b) or otherwise result in any liability of such Lender.
Appears in 1 contract
Samples: Revolving Credit and Line of Credit Agreement (Hughes Supply Inc)
Lending Offices. (a) Each Lender agrees that, if requested by Intermetthe Borrower Representative, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar Advances portions of LIBOR Loans affected by the matters or circumstances described in Sections 3.07(b)5.12, 3.085.13 and 5.14, 3.09 or 3.10 to reduce the liability of Intermet the Borrowers or avoid the results provided thereunder, so long as such designation is not disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.11 5.15 shall affect or postpone any of the obligations of Intermet such Borrower or any right of any Revolving Lender provided hereunder.
(b) If any Lender that is organized under the laws of any jurisdiction other than the United States of America or any State thereof (including the District of Columbia) issues a public announcement with respect to the closing of its lending offices in the United States such that any withholdings or deductions and additional payments with respect to Taxes may be required to be made by Intermet the Borrowers thereafter pursuant to Section 3.07(b5.07(b), such Lender shall use reasonable efforts to furnish Intermet the Borrower Representative notice thereof as soon as practicable thereafter; provided, however, that no delay or failure to furnish such notice shall in any event release or discharge Intermet the Borrowers from its their obligations to such Lender pursuant to Section 3.07(b5.07(b) or otherwise result in any liability of such Lender.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Catalina Lighting Inc)
Lending Offices. (a) Each Lender agrees that, if requested by IntermetBorrower, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar Advances affected by the matters or circumstances described in Sections 3.07(b3.06(b), 3.083.07, 3.08 or 3.09 or 3.10 to reduce the liability of Intermet Borrower or avoid the results provided thereunder, so long as such designation is not materially disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.11 3.10 shall affect or postpone any of the obligations of Intermet Borrower or any right of any Lender provided hereunder.
(b) If any Lender that is organized under the laws of any jurisdiction other than the United States of America or any State thereof (including the District of Columbia) issues a public announcement with respect to the closing of its lending offices in the United States such that any withholdings or deductions and additional payments with respect to Taxes may be required to be made by Intermet Borrower thereafter pursuant to Section 3.07(b3.06(b), such Lender shall use reasonable efforts to furnish Intermet Borrower notice thereof as soon as practicable thereafter; provided, however, that no delay or failure to furnish such notice shall in any event release or discharge Intermet from its obligations to such Lender pursuant to Section 3.07(b) or otherwise result in any liability of such Lender.discharge
Appears in 1 contract
Lending Offices. (a) Each Lender agrees that, if requested by Intermetthe Borrowers, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar portions of LIBOR Advances affected by the matters or circumstances described in Sections 3.07(b4.07(b), 3.084.08, 3.09 4.09 or 3.10 4.10 to reduce the liability of Intermet the Borrowers or avoid the results provided thereunder, so long as such designation is not disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.11 4.11 shall affect or postpone any of the obligations of Intermet any Borrower or any right of any Lender provided hereunder.
(b) If any Lender that is organized under the laws of any jurisdiction other than the United States of America or any State thereof (including the District of Columbia) issues a public announcement with respect to the closing of its lending offices in the United States such that any withholdings or deductions and additional payments with respect to Taxes may be required to be made by Intermet any Borrower thereafter pursuant to Section 3.07(b4.07(b), such Lender shall use reasonable efforts to furnish Intermet Interface notice thereof as soon as practicable thereafter; providedPROVIDED, howeverHOWEVER, that no delay or failure to furnish such notice shall in any event release or discharge Intermet the Borrowers from its their obligations to such Lender pursuant to Section 3.07(b4.07(b) or otherwise result in any liability of such Lender.
Appears in 1 contract
Samples: Credit Agreement (Interface Inc)
Lending Offices. (a) Each Lender agrees that, if requested by Intermetthe Borrower, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar Advances of LIBOR Loans affected by the matters or circumstances described in Sections 3.07(b)5.12, 3.085.13 and 5.14, 3.09 or 3.10 to reduce the liability of Intermet the Borrower or avoid the results provided thereunder, so long as such designation is not disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.11 5.15 shall affect or postpone any of the obligations of Intermet the Borrower or any right of any Lender provided hereunder.
(b) If any Lender that is organized under the laws of any jurisdiction other than the United States of America or any State thereof (including the District of Columbia) issues a public announcement with respect to the closing of its lending offices in the United States such that any withholdings or deductions and additional payments with respect to Taxes may be required to be made by Intermet the Borrower thereafter pursuant to Section 3.07(b5.09(b), such Lender shall use reasonable efforts to furnish Intermet the Borrower notice thereof as soon as practicable thereafter; provided, however, that no delay or failure to furnish such notice shall in any event release or discharge Intermet the Borrower from its their obligations to such Lender pursuant to Section 3.07(b5.09(b) or otherwise result in any liability of such Lender.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Conso International Corp)
Lending Offices. (a) Each Lender agrees that, if requested by Intermet, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar Euro Advances affected by the matters or circumstances described in Sections 3.07(b5.07(b), 3.085.08, 3.09 5.09 or 3.10 5.10 to reduce the liability of Intermet or avoid the results provided thereunder, so long as such designation is not disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.11 5.11 shall affect or postpone any of the obligations of Intermet or any right of any Lender provided hereunder.
(b) If any Lender that is organized under the laws of any jurisdiction other than the United States of America or any State thereof (including the District of Columbia) issues a public announcement with respect to the closing of its lending offices in the United States such that any withholdings or deductions and additional payments with respect to Taxes may be required to be made by Intermet thereafter pursuant to Section 3.07(b5.07(b), such Lender shall use reasonable efforts to furnish Intermet notice thereof as soon as practicable thereafter; provided, however, that no delay or failure to furnish such notice shall in any event release or discharge Intermet from its obligations to such Lender pursuant to Section 3.07(b5.07(b) or otherwise result in any liability of such Lender.
Appears in 1 contract
Samples: Credit Agreement (Intermet Corp)
Lending Offices. (a) Each Lender agrees that, if requested by IntermetBorrower, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar Advances affected by the matters or circumstances described in Sections 3.07(b), 3.08, 3.09 or 3.10 to reduce the liability of Intermet Borrower or avoid the results provided thereunder, so long as such designation is not disadvantageous to such Lender as reasonably determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.11 shall affect or postpone any of the obligations of Intermet Borrower or any right of any Lender provided hereunder.
(b) If any Lender that is organized under the laws of any jurisdiction other than the United States of America or any State thereof (including the District of Columbia) issues a public announcement with respect to the closing of its lending offices in the United States such that any withholdings or deductions and additional payments with respect to Taxes may be required to be made by Intermet Borrower thereafter pursuant to Section 3.07(b), such Lender shall use reasonable efforts to furnish Intermet Borrower notice thereof as soon as practicable thereafter; provided, however, that no delay or failure to furnish in furnishing such notice shall in -------- ------- any event release or discharge Intermet Borrower from its obligations to such Lender pursuant to Section 3.07(b) or otherwise result in any liability of such Lender.
Appears in 1 contract
Samples: Credit Agreement (Krystal Company)
Lending Offices. (a) Each Lender agrees that, if requested by IntermetBorrower, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar LIBOR Advances affected by the matters or circumstances described in Sections 3.07(b4.7(b), 3.084.8, 3.09 4.9 or 3.10 4.10 to reduce the liability of Intermet Borrower or avoid the results provided thereunder, so long as such designation is not disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.11 shall affect or postpone any of the obligations of Intermet Borrower or any right of any Lender provided hereunder.
(b) If any Lender that is organized under the laws of any jurisdiction other than the United States of America or any State thereof (including the District of Columbia) issues a public announcement with respect to the closing of its lending offices in the United States such that any withholdings or deductions and additional payments with respect to Taxes may be required to be made by Intermet Borrower thereafter pursuant to Section 3.07(b4.7(b), such Lender shall use reasonable efforts to furnish Intermet Borrower notice thereof as soon as practicable thereafter; provided, however, that no delay or failure to furnish such notice shall in any event release or discharge Intermet Borrower from its obligations to such Lender pursuant to Section 3.07(b4.7(b) or otherwise result in any liability of such Lender.
Appears in 1 contract
Samples: Senior Secured Revolving Credit Agreement (Able Telcom Holding Corp)
Lending Offices. (a) Each Lender agrees that, if requested by Intermet, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar Advances affected by the matters or circumstances described in Sections 3.07(b), 3.08, ---------------- ---- 3.09 or 3.10 to reduce the liability of Intermet or avoid the results provided ---- ---- thereunder, so long as such designation is not disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.11 ------------ shall affect or postpone any of the obligations of Intermet or any right of any Lender provided hereunder.
(b) If any Lender that is organized under the laws of any jurisdiction other than the United States of America or any State thereof (including the District of Columbia) issues a public announcement with respect to the closing of its lending offices in the United States such that any withholdings or deductions and additional payments with respect to Taxes may be required to be made by Intermet thereafter pursuant to Section 3.07(b), such Lender shall use --------------- reasonable efforts to furnish Intermet notice thereof as soon as practicable thereafter; provided, however, that no delay or failure to furnish such notice -------- ------- shall in any event release or discharge Intermet from its obligations to such Lender pursuant to Section 3.07(b) or otherwise result in any liability of such --------------- Lender.
Appears in 1 contract
Samples: Credit Agreement (Intermet Corp)
Lending Offices. (a) Each Lender agrees that, if requested by IntermetBorrower, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar Fixed Rate Advances affected by the matters or circumstances described in Sections 3.07(b4.07(b), 3.084.08, 3.09 4.09 or 3.10 4.10 to reduce the liability of Intermet Borrower or avoid the results provided thereunder, so long as such designation is not disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.11 4.11 shall affect or postpone any of the obligations of Intermet Borrower or any right of any Lender provided hereunder.
(b) If any Lender that is organized under the laws of any jurisdiction other than the United States of America or any State thereof (including the District of Columbia) issues a public announcement with respect to the closing of its lending offices in the United States such that any withholdings or deductions and additional payments with respect to Taxes may be required to be made by Intermet Borrower thereafter pursuant to Section 3.07(b4.07(b), such Lender shall use reasonable efforts to furnish Intermet Borrower notice thereof as soon as practicable thereafter; provided, however, that no delay or failure to furnish such notice shall in any event release or discharge Intermet Borrower from its obligations to such Lender pursuant to Section 3.07(b4.07(b) or otherwise result in any liability of such Lender.
Appears in 1 contract
Samples: Revolving Credit and Line of Credit Agreement (Hughes Supply Inc)
Lending Offices. (a) Each Lender agrees that, if requested by IntermetInterface, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar portions of Fixed Rate Advances affected by the matters or circumstances described in Sections 3.07(b), 3.08, 3.09 or 3.10 to reduce the liability of Intermet Interface or avoid the results provided thereunder, so long as such designation is not disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.11 shall affect or postpone any of the obligations of Intermet Interface or any right of any Lender provided hereunder.
(b) If any Lender that is organized under the laws of any jurisdiction other than the United States of America or any State thereof (including the District of Columbia) issues a public announcement with respect to the closing of its lending offices in the United States such that any withholdings or deductions and additional payments with respect to Taxes may be required to be made by Intermet Interface thereafter pursuant to Section 3.07(b), such Lender shall use reasonable efforts to furnish Intermet Interface notice thereof as soon as practicable thereafter; provided, however, that no delay or failure to furnish such notice shall in any event release or discharge Intermet Interface from its their obligations to such Lender pursuant to Section 3.07(b) or otherwise result in any liability of such Lender.
Appears in 1 contract
Samples: Term Loan Agreement (Interface Inc)