Lessee's Credit Agreement Rights. Notwithstanding anything to the contrary contained in the Credit Agreement, the Administrative Agent, the Lessee, the Investors and the Owner Trustee hereby agree that: (a) the Lessee shall have the right to give the notices referred to in Section 2.3 of the Credit Agreement; (b) the Lessee shall have the right to convert or continue Loans in accordance with Section 2.6 of the Credit Agreement; (c) the Lessee shall receive copies of all notices delivered to the Lessor under the Credit Agreement and the other Operative Agreements and such notices will be effective as set forth in Section 13.2; (d) the Lessee shall have the right to select Interest Periods in accordance with the terms of the Credit Agreement; (e) the Lessee shall have the right to give notice of prepayment of the Loans in accordance with the Credit Agreement; (f) the Lessee shall have the right to cure, to the extent susceptible to a cure under the terms of the applicable Operative Agreement, any Default or Event of Default of the Lessor under the Credit Agreement; (g) except during the continuance of an Event of Default, the Lessee shall have the right to approve any successor Administrative Agent pursuant to Section 7.9 of the Credit Agreement; (h) except during the continuance of an Event of Default, the Lessee shall have the right, on behalf of the Lessor, to select any person or 57 PARTICIPATION AGREEMENT persons (including the Lessee) to whom funds may be paid at the discretion of the Lessor in accordance with Sections 8.1 and 8.2 of the Credit Agreement; (i) the Lessee shall have the right to consent to any assignment by a Lender, if required pursuant to Section 9.5 of the Credit Agreement; (j) the Lessee shall have the right to designate the portion of the Loans on which interest is due and payable for purposes of the definition of "Allocated Interest"; (k) the Lessee shall have the right to request that another lending office be designated pursuant to Section 2.16 of the Credit Agreement; and (l) without limiting the foregoing clauses (a) through (k), and in addition thereto, (x) the Owner Trustee shall not exercise any right under the Credit Agreement without giving the Lessee at least ten (10) Business Days' prior written notice (or such shorter period as may be required but in no case less than three (3) Business Days) and, following such notice, the Owner Trustee shall take such action, or forbear from taking such action, as the Lessee shall direct and (y) the Lessee shall have the right to exercise any other right of the Owner Trustee under the Credit Agreement upon not less than two (2) Business Days' prior written notice from the Lessee to the Owner Trustee. Notwithstanding the foregoing, the Investors shall retain the exclusive right to direct the Owner Trustee with respect to the exercise of the Excepted Rights.
Appears in 2 contracts
Samples: Participation Agreement (Fred Meyer Inc), Participation Agreement (Quality Food Centers Inc)
Lessee's Credit Agreement Rights. Notwithstanding anything to the contrary contained in the Credit Agreement, the Administrative Agent, the Lenders, the Lessee, the Investors and the Owner Trustee Trust hereby agree that:
(a) the Lessee shall have the right to give the notices referred to in Section 2.3 of the Credit Agreement;
(b) the Lessee shall have the right to convert or continue Loans in accordance with Section 2.6 of the Credit Agreement;
(c) the Lessee shall receive copies of all notices delivered to the Lessor under the Credit Agreement and the other Operative Agreements and such notices will shall not be effective as set forth in Section 13.2until received by Lessee;
(d) the Lessee shall have the right to select Interest Periods in accordance with the terms of the Credit Agreement;
(e) the Lessee shall have the right to give notice of prepayment of the Loans in accordance with the Credit Agreement, provided that if the Lessee shall give notice of prepayment of the Loans, the Lessee shall prepay a pro rata portion of the Investor Contribution;
(f) the Lessee shall have the right to cure, to the extent susceptible to a cure under the terms of the applicable Operative Agreementcure, any Credit Agreement Default or Credit Agreement Event of Default of the Lessor under the Credit AgreementLessor;
(g) except during the continuance of an Event of Default, the Lessee shall have the right to approve any successor Administrative Agent pursuant to Section 7.9 of the Credit Agreement;
(h) except during the continuance of an Event of Default, the Lessee shall have the right, on behalf of the Lessor, to select any person Person or 57 PARTICIPATION AGREEMENT persons Persons (including the Lessee) to whom funds may be paid at the discretion of the Lessor in accordance with Sections 8.1 and 8.2 of the Credit Agreement;
(i) the Lessee shall have the right to consent to any assignment by a Lender, if required pursuant to Section 9.5 9.7 of the Credit Agreement;
(j) the Lessee shall have the right to designate the portion of the Loans on which interest is due and payable for purposes of the definition of "Allocated Interest";
(k) the Lessee shall have the right to request that another lending office be designated pursuant to Section 2.15(a) of the Credit Agreement;
(k) Lessee shall have the right to cause a Lender to assign its rights and delegate its obligation under the Credit Agreement pursuant to Section 2.16 of the Credit Agreement;
(l) the Lessee shall have the obligation to notify the Agent of the amounts or information specified in Section 5.8 of the Credit Agreement; and
(lm) without limiting the foregoing clauses (a) through (kl), and in addition thereto, (x) the Owner Trustee Trust shall not exercise any right under the Credit Agreement without giving the Lessee at least ten fifteen (1015) Business Days' prior written notice (or such shorter period as may be required but in no case less than three five (35) Business Days) and, following such notice, the Owner Trustee Trust shall take such action, or forbear from taking such action, as the Lessee shall direct and (y) the Lessee shall have the right to exercise any other right of the Owner Trustee Trust under the Credit Agreement upon not less than two (2) Business Days' prior written notice from the Lessee to the Owner TrusteeTrust. Notwithstanding the foregoing, the both Investors shall retain the exclusive right to direct the Owner Trustee Trust with respect to the exercise of the Excepted Rights.
Appears in 2 contracts
Samples: Participation Agreement (Hanover Compression Inc), Participation Agreement (Hanover Compressor Co)
Lessee's Credit Agreement Rights. Notwithstanding anything to the contrary contained in the Credit Agreement, the Administrative Agent, the Lessee, the Investors Investor and the Owner Trustee Trust hereby agree that:
(a) the Lessee shall have the right to give the notices referred to in Section 2.3 of the Credit Agreement;
(b) the Lessee shall have the right to convert or continue Loans in accordance with Section 2.6 of the Credit Agreement;
(c) the Lessee shall receive copies of all notices delivered to the Lessor under the Credit Agreement and the other Operative Agreements and such notices will shall not be effective as set forth in Section 13.2until received;
(d) the Lessee shall have the right to select Interest Periods in accordance with the terms of the Credit Agreement;
(e) the Lessee shall have the right to give notice of prepayment of the Loans in accordance with the Credit Agreement, provided that if the Lessee shall give notice of prepayment of the Loans, the Lessee shall prepay a pro rata portion of the Investor Contribution;
(f) the Lessee shall have the right to cure, to the extent susceptible to a cure under the terms of the applicable Operative Agreementcure, any Default or Event of Default of the Lessor under the Credit Agreement;
(g) except during the continuance of an Event of Default, the Lessee shall have the right to approve any successor Administrative Agent pursuant to Section 7.9 of the Credit Agreement;
(h) except during the continuance of an Event of Default, the Lessee shall have the right, on behalf of the Lessor, to select any person or 57 PARTICIPATION AGREEMENT persons (including the Lessee) to whom funds may be paid at the discretion of the Lessor in accordance with Sections 8.1 and 8.2 of the Credit Agreement;
(i) the Lessee shall have the right to consent to any assignment by a Lender, if required pursuant to Section 9.5 9.7 of the Credit Agreement;; and
(j) the Lessee shall have the right to designate the portion of the Loans on which interest is due and payable for purposes of the definition definitions of "Allocated Interest" and "Allocated Investor Yield";
(k) the Lessee shall have the right to request that another lending office be designated pursuant to Section 2.16 2.17 of the Credit Agreement;
(l) the Lessee shall have the obligation to notify the Agent of the amounts or information specified in Section 5.8 of the Credit Agreement; and
(lm) without limiting the foregoing clauses (a) through (kl), and in addition thereto, (x) the Owner Trustee Trust shall not exercise any right under the Credit Agreement without giving the Lessee at least ten (10) Business Days' prior written notice (or such shorter period as may be required but in no case less than three (3) Business Days) and, following such notice, the Owner Trustee Trust shall take such action, or forbear from taking such actionaction (other than an execution of any amendment, waiver or modification thereof, as the Lessee shall direct and (y) the Lessee shall have the right to exercise any other right of the Owner Trustee Trust under the Credit Agreement upon not less than two (2) Business Days' prior written notice from the Lessee to the Owner TrusteeTrust and the Investor. Notwithstanding the foregoing, the Investors Investor shall retain the exclusive right to direct the Owner Trustee Trust with respect to the exercise of the Excepted Rights.
Appears in 1 contract
Samples: Participation Agreement (Kindercare Learning Centers Inc /De)
Lessee's Credit Agreement Rights. Notwithstanding anything to -------------------------------- the contrary contained in the Credit Agreement, the Administrative Agent, the Lenders, the Lessee, the Investors and the Owner Trustee Trust hereby agree that:
(a) the Lessee shall have the right to give the notices referred to in Section 2.3 2.2 of the Credit Agreement;
(b) the Lessee shall have the right to convert or continue Loans in accordance with Section 2.6 2.5 of the Credit Agreement;
(c) the Lessee shall receive copies of all notices delivered to the Lessor under the Credit Agreement and the other Operative Agreements and such notices will shall not be effective as set forth in Section 13.2until received by Lessee;
(d) the Lessee shall have the right to select Interest Periods in accordance with the terms of the Credit Agreement;
(e) the Lessee shall have the right to give notice of prepayment of the Loans in accordance with the Credit Agreement, provided that if the Lessee shall give notice of prepayment of the Loans, the Lessee shall prepay a pro rata portion of the Investor Contribution;
(f) the Lessee shall have the right to cure, to the extent susceptible to a cure under the terms of the applicable Operative Agreementcure, any Credit Agreement Default or Credit Agreement Event of Default of the Lessor under the Credit AgreementLessor;
(g) except during the continuance of an Event of Default, the Lessee shall have the right to approve any successor Administrative Agent pursuant to Section 7.9 of the Credit Agreement;
(h) except during the continuance of an Event of Default, the Lessee shall have the right, on behalf of the Lessor, to select any person Person or 57 PARTICIPATION AGREEMENT persons Persons (including the Lessee) to whom funds may be paid at the discretion of the Lessor in accordance with Sections 8.1 and 8.2 of the Credit Agreement;
(i) the Lessee shall have the right to consent to any assignment by a Lender, if required pursuant to Section 9.5 of the Credit Agreement;
(j) the Lessee shall have the right to designate the portion of the Loans on which interest is due and payable for purposes of the definition of "Allocated Interest";
(k) the Lessee shall have the right to request that another lending office be designated pursuant to Section 2.16 2.14(a) of the Credit Agreement;
(k) Lessee shall have the right to cause a Lender to assign its rights and delegate its obligation under the Credit Agreement pursuant to Section 2.15 of the Credit Agreement;
(l) the Lessee shall have the obligation to notify the Agent of the amounts or information specified in Section 5.8 of the Credit Agreement; and
(lm) without limiting the foregoing clauses (a) through (kl), and in addition thereto, (x) the Owner Trustee Trust shall not exercise any right under the Credit Agreement without giving the Lessee at least ten fifteen (1015) Business Days' prior written notice (or such shorter period as may be required but in no case less than three five (35) Business Days) and, following such notice, the Owner Trustee Trust shall take such action, or forbear from taking such action, as the Lessee shall direct and (y) the Lessee shall have the right to exercise any other right of the Owner Trustee Trust under the Credit Agreement upon not less than two (2) Business Days' prior written notice from the Lessee to the Owner TrusteeTrust. Notwithstanding the foregoing, the both Investors shall retain the exclusive right to direct the Owner Trustee Trust with respect to the exercise of the Excepted Rights.
Appears in 1 contract
Lessee's Credit Agreement Rights. Notwithstanding anything to -------------------------------- the contrary contained in the Credit Agreement, the Administrative Agent, the Lessee, the Investors and the Owner Trustee Lessor hereby agree that:
(a) the Lessee shall have the right to give the notices referred to in Section 2.3 of the Credit Agreement;
(b) the Lessee shall have the right to convert or continue Loans in accordance with Section 2.6 2.5 of the Credit Agreement;
(c) the Lessee shall receive copies of all notices delivered to the Lessor under the Credit Agreement and the other Operative Agreements and such notices will shall not be effective as set forth in Section 13.2until received;
(d) the Lessee shall have the right to select Interest Periods in accordance with the terms of the Credit Agreement;
(e) the Lessee shall have the right to give notice of prepayment of the Loans in accordance with the Credit Agreement, provided that if the Lessee shall give notice of prepayment of the Loans, the Lessee shall prepay a pro rata portion of the Investor Contribution;
(f) the Lessee shall have the right to cure, to the extent susceptible to a cure under the terms of the applicable Operative Agreementcure, any Default or Event of Default of the Lessor under the Credit Agreement;
(g) except during the continuance of an Event of Default, the Lessee shall have the right to approve any successor Administrative Agent pursuant to Section 7.9 of the Credit Agreement;
(h) except during the continuance of an Event of Default, the Lessee shall have the right, on behalf of the Lessor, to select any person or 57 PARTICIPATION AGREEMENT persons (including the Lessee) to whom funds may be paid at the discretion of the Lessor in accordance with Sections 8.1 and 8.2 of the Credit Agreement;
(i) the Lessee shall have the right to consent to any assignment by a Lender, if required pursuant to Section 9.5 of the Credit Agreement;
(j) the Lessee shall have the right to designate the portion of the Loans on which interest is due and payable for purposes of the definition definitions of "Allocated Interest" and "Allocated Investor Yield";
(k) the Lessee shall have the right to request that another lending office be designated pursuant to Section 2.16 2.15 of the Credit Agreement;
(l) the Lessee shall have the obligation to notify the Agent of the amounts or information specified in Section 5.8 of the Credit Agreement; and
(lm) without limiting the foregoing clauses (a) through (kl), and in addition thereto, (x) the Owner Trustee Lessor shall not exercise any right under the Credit Agreement without giving the Lessee at least ten (10) Business Days' prior written notice (or such shorter period as may be required but in no case less than three (3) Business Days) and, following such notice, the Owner Trustee Lessor shall take such action, or forbear from taking such action, as the Lessee shall direct and (y) the Lessee shall have the right to exercise any other right of the Owner Trustee Lessor under the Credit Agreement upon not less than two (2) Business Days' prior written notice from the Lessee to the Owner TrusteeLessor. Notwithstanding the foregoing, the Investors shall retain the exclusive right to direct the Owner Trustee Lessor with respect to the exercise of the Excepted Rights.
Appears in 1 contract
Lessee's Credit Agreement Rights. Notwithstanding anything to the contrary contained in the Credit Agreement, the Administrative Agent, the Lessee, the Investors Investor and the Owner Trustee hereby agree that:
(a) the Lessee shall have the right to give the notices and deliver the Requisitions referred to in Section 2.3 of the Credit Agreement;
(b) the Lessee shall have the right to convert or continue Loans in accordance with Section 2.6 of the Credit Agreement;
(c) the Lessee shall receive copies of all notices delivered to the Lessor under the Credit Agreement and the other Operative Agreements and such notices will shall not be effective as set forth in Section 13.2until received;
(d) the Lessee shall have the right to select Interest Periods in accordance with the terms of the Credit Agreement;
(e) the Lessee shall have the right to give notice of prepayment of the Loans in accordance with the Credit Agreement, provided that if the Lessee shall give notice of prepayment of the Loans, the Lessee shall prepay a pro rata portion of the Investor Contribution;
(f) the Lessee shall have the right to cure, to the extent susceptible to a cure under the terms of the applicable Operative Agreementcure, any Default or Event of Default of the Lessor under the Credit Agreement;
(g) except during the continuance of an Event of Default, the Lessee shall have the right to approve any successor Administrative Agent pursuant to Section 7.9 of the Credit Agreement;
(h) except during the continuance of an Event of Default, the Lessee shall have the right, on behalf of the Lessor, to select any person or 57 PARTICIPATION AGREEMENT persons (including the Lessee) to whom funds may be paid at the discretion of the Lessor in accordance with Sections 8.1 and 8.2 of the Credit Agreement;
(i) the Lessee shall have the right to consent to any assignment by a Lender, if required pursuant to Section 9.5 9.7 of the Credit Agreement;
(j) the Lessee shall have the right to designate the portion of the Loans on which interest is due and payable for purposes of the definition of "Allocated Interest";
(k) the Lessee shall have the right to request that another lending office be designated pursuant to Section 2.16 of the Credit Agreement; and
(lk) without limiting the foregoing clauses (a) through (kj), and in addition thereto, (x) the Owner Trustee shall not exercise any right under the Credit Agreement without giving the Lessee at least ten (10) Business Days' prior written notice (or such shorter period as may be required but in no case less than three (3) Business Days) and, following such notice, the Owner Trustee shall take such action, or forbear from taking such action, as the Lessee shall direct and (y) the Lessee shall have the right to exercise any other right of the Owner Trustee under the Credit Agreement upon not less than two (2) Business Days' prior written notice from the Lessee to the Owner Trustee. Notwithstanding the foregoing, the Investors Investor shall retain the exclusive right to direct the Owner Trustee with respect to the exercise of the Excepted Rights.
Appears in 1 contract
Lessee's Credit Agreement Rights. Notwithstanding anything to the contrary contained in the Credit Agreement, the Administrative Agent, the Lessee, the Investors Lessor and the Owner Trustee Participants hereby agree that:
(a) the Lessee shall have the right to give the notices notice referred to in Section 2.3 of the Credit Agreement;
(b) the Lessee shall have the right to convert or continue Loans and select Interest Periods in accordance with Section 2.6 2.5 of the Credit Agreement;
(c) the Lessee shall have the right to receive copies of all notices delivered to the Lessor Lessor, the Agent or the Investors under the Credit Agreement and the other Operative Agreements and such notices will shall not be effective as set forth in Section 13.2until received;
(d) the Lessee shall have the right to select Interest Periods in accordance with the terms of the Credit Agreement;
(e) the Lessee shall have the right to give notice of prepayment of the Loans in accordance with Section 2.4 of the Credit Agreement;
(fe) the Lessee shall have the right to cure, to the extent susceptible to a cure under the terms of the applicable Operative Agreementcure, any Default or Event of Default of the Lessor under the Credit Agreement; provided, that (except with respect to an Event of Default under Section 6.1(a) of the Credit Agreement or Section 17.1(a) of the Lease) such right to cure any Default or Event of Default shall extend thirty (30) days beyond the grace periods contained in the Credit Agreement;
(gf) except during the continuance of an Event of Default, the Lessee shall have the right to approve any successor Administrative Agent pursuant to Section 7.9 of the Credit Agreement;
(h) except during the continuance of an Event of Default, the Lessee shall have the right, on behalf of the Lessor, to select any person or 57 PARTICIPATION AGREEMENT persons (including the Lessee) to whom funds may be paid at the discretion of the Lessor in accordance with Sections 8.1 and 8.2 of the Credit Agreement;
(i) the Lessee shall have the right to consent to any assignment by a Lender, if required pursuant to Section 9.5 of the Credit Agreement;
(j) the Lessee shall have the right to designate the portion of the Loans on which interest is due and payable for purposes of the definition of "Allocated Interest";
(k) the Lessee shall have the right to request that another lending office be designated pursuant to Section 2.16 of the Credit Agreement; and
(lg) without limiting the foregoing clauses (a) through (kf), and in addition thereto, (x) in the Owner Trustee absence of a continuing Lease Event of Default, the Lessor shall not exercise any right under the Credit Agreement without giving the Lessee at least ten (10) Business Days' prior written notice (or such shorter period as may be required but in no case less than three (3) Business Days) and, following such notice, the Owner Trustee Lessor shall take such action, or forbear from taking such action, as the Lessee shall direct and (y) in the Lessee shall have the right to exercise any other right absence of the Owner Trustee under the Credit Agreement upon not less than two (2) Business Days' prior written notice from the Lessee to the Owner Trustee. Notwithstanding the foregoing, the Investors shall retain the exclusive right to direct the Owner Trustee with respect to the exercise of the Excepted Rights.a continuing Lease Event
Appears in 1 contract
Lessee's Credit Agreement Rights. Notwithstanding anything to -------------------------------- the contrary contained in the Credit Agreement, the Administrative Agent, the Lessee, the Investors Lessee and the Owner Trustee Lessor hereby agree that:
(a) the Lessee shall have the right to give the notices notice referred to in Section 2.3 of the Credit Agreement;
(b) the Lessee shall have the right to convert or continue Loans in accordance with Section 2.6 of the Credit Agreement;
(c) the Lessee shall receive copies of all notices delivered to the Lessor under the Credit Agreement and the other Operative Agreements and such notices will shall not be effective as set forth in Section 13.2until received;
(d) the Lessee shall have the right to select Interest Periods in accordance with the terms of the Credit Agreement;
(e) the Lessee shall have the right to give notice of prepayment of the Loans in accordance with the Credit Agreement;
(f) the Lessee shall have the right to cure, to the extent susceptible to a cure under the terms of the applicable Operative Agreementcure, any Default or Event of Default of the Lessor under the Credit Agreement;
(g) except during the continuance of an Event of Default, the Lessee shall have the right to approve any successor Administrative Agent pursuant to Section 7.9 of the Credit Agreement;
(h) except during the continuance of an Event of Default, the Lessee shall have the right, on behalf of the Lessor, to select any person or 57 PARTICIPATION AGREEMENT persons (including the Lessee) to whom funds may be paid at the discretion of the Lessor in accordance with Sections 8.1 and 8.2 of the Credit Agreement;
(i) the Lessee shall have the right to consent to any assignment by a Lender, Lender if required pursuant to Section 9.5 9.7 of the Credit Agreement;; and
(j) the Lessee shall have the right to designate the portion of the Loans on which interest is due and payable for purposes of the definition definitions of "Allocated Interest" and "Allocated Lessor Yield";
(k) the Lessee shall have the right to request that another lending office be designated pursuant to Section 2.16 2.15 of the Credit Agreement;
(l) the Lessee shall have the obligation to notify the Agent of the amounts or information specified in Section 5.8 of the Credit Agreement; and
(lm) without limiting the foregoing clauses (a) through (kl), and in addition thereto, (x) the Owner Trustee Lessor shall not exercise any right under the Credit Agreement without giving the Lessee at least ten (10) Business Days' prior written notice (or such shorter period as may be required but in no case less than three two (32) Business Days) and, following such notice, the Owner Trustee Lessor shall take such action, or forbear from taking such action, as the Lessee shall direct and (y) the Lessee shall have the right to exercise any other right of the Owner Trustee Lessor under the Credit Agreement upon not less than two (2) Business Days' prior written notice from the Lessee to the Owner Trustee. Notwithstanding the foregoing, the Investors shall retain the exclusive right to direct the Owner Trustee with respect to the exercise of the Excepted RightsLessor.
Appears in 1 contract
Samples: Participation Agreement (Paragon Health Network Inc)
Lessee's Credit Agreement Rights. Notwithstanding anything to the contrary contained in the Credit Agreement, the Administrative Agent, the Lessee, the Investors Agent Lessor and the Owner Trustee Lessors hereby agree that:
(a) : the Lessee shall have the right to give the notices notice referred to in Section 2.3 of the Credit Agreement;
(b) ; the Lessee shall have the right to convert or continue Loans and select Interest Periods in accordance with Section 2.6 2.5 of the Credit Agreement;
(c) ; the Lessee shall have the right to receive copies of all notices delivered to the Agent Lessor or the Lessors under the Credit Agreement and the other Operative Agreements and such notices will shall not be effective as set forth in Section 13.2;
(d) until received by the Lessee shall have the right to select Interest Periods in accordance with the terms of the Credit Agreement;
(e) Lessee; the Lessee shall have the right to give notice of prepayment of the Loans in accordance with Section 2.4 of the Credit Agreement;
(f) ; the Lessee shall have the right to cure, to the extent susceptible to a cure under the terms of the applicable Operative Agreementcure, any Default or Event of Default of the Agent Lessor under the Credit Agreement;
; provided, that (g) except during the continuance of with respect to an Event of Default, Default under Section 6.1(a) of the Credit Agreement or Section 17.1(a) of the Lease) such right to cure any Default or Event of Default shall extend thirty (30) days beyond the grace periods contained in the Credit Agreement; the Lessee shall have the right to approve any successor Administrative Agent pursuant to Section 7.9 of the Credit Agreement;
(h) except during the continuance of an Event of Default, the Lessee shall have the right, on behalf of the Lessor, to select any person or 57 PARTICIPATION AGREEMENT persons (including the Lessee) to whom funds may be paid at the discretion of the Lessor in accordance with Sections 8.1 ; and 8.2 of the Credit Agreement;
(i) the Lessee shall have the right to consent to any assignment by a Lender, if required pursuant to Section 9.5 of the Credit Agreement;
(j) the Lessee shall have the right to designate the portion of the Loans on which interest is due and payable for purposes of the definition of "Allocated Interest";
(k) the Lessee shall have the right to request that another lending office be designated pursuant to Section 2.16 of the Credit Agreement; and
(l) without limiting the foregoing clauses (a) through (kf), and in addition thereto, (x) in the Owner Trustee absence of a continuing Lease Event of Default, the Agent Lessor shall not exercise any right under the Credit Agreement without giving the Lessee at least ten (10) Business Days' prior written notice (or such shorter period as may be required but in no case less than three (3) Business Days) and, following such notice, the Owner Trustee Agent Lessor shall take such action, or forbear from taking such action, as the Lessee shall direct and (y) in the absence of a continuing Lease Event of Default, the Lessee shall have the right to exercise any other right of the Owner Trustee Agent Lessor under the Credit Agreement upon not less than two (2) Business Days' prior written notice from the Lessee to the Owner Trustee. Notwithstanding the foregoing, the Investors shall retain the exclusive right to direct the Owner Trustee with respect to the exercise of the Excepted Rights.the
Appears in 1 contract
Lessee's Credit Agreement Rights. Notwithstanding anything to the contrary contained in the Credit Agreement, the Administrative Agent, the Lenders, the Lessee, the Investors Investor and the Owner Trustee Trust hereby agree that:
(a) the Lessee shall have the right to give the notices referred to in Section 2.3 of the Credit Agreement;
(b) the Lessee shall have the right to convert or continue Loans in accordance with Section 2.6 of the Credit Agreement;
(c) the Lessee shall receive copies of all notices delivered to the Lessor under the Credit Agreement and the other Operative Agreements and such notices will shall not be effective as set forth in Section 13.2until received by Lessee;
(d) the Lessee shall have the right to select Interest Periods in accordance with the terms of the Credit Agreement;
(e) the Lessee shall have the right to give notice of prepayment of the Loans in accordance with the Credit Agreement, provided that if the Lessee shall give notice of prepayment of the Loans, the Lessee shall prepay a pro rata portion of the Investor Contribution;
(f) the Lessee shall have the right to cure, to the extent susceptible to a cure under the terms of the applicable Operative Agreementcure, any Credit Agreement Default or Credit Agreement Event of Default of the Lessor under the Credit AgreementLessor;
(g) except during the continuance of an Event of Default, the Lessee shall have the right to approve any successor Administrative Agent pursuant to Section 7.9 of the Credit Agreement;
(h) except during the continuance of an Event of Default, the Lessee shall have the right, on behalf of the Lessor, to select any person Person or 57 PARTICIPATION AGREEMENT persons Persons (including the Lessee) to whom funds may be paid at the discretion of the Lessor in accordance with Sections 8.1 and 8.2 of the Credit Agreement;
(i) the Lessee shall have the right to consent to any assignment by a Lender, if required pursuant to Section 9.5 9.7 of the Credit Agreement;
(j) the Lessee shall have the right to designate the portion of the Loans on which interest is due and payable for purposes of the definition of "Allocated Interest";
(k) the Lessee shall have the right to request that another lending office be designated pursuant to Section 2.15(a) of the Credit Agreement;
(k) Lessee shall have the right to cause a Lender to assign its rights and delegate its obligation under the Credit Agreement pursuant to Section 2.16 of the Credit Agreement;
(l) the Lessee shall have the obligation to notify the Agent of the amounts or information specified in Section 5.8 of the Credit Agreement; and
(lm) without limiting the foregoing clauses (a) through (kl), and in addition thereto, (x) the Owner Trustee Trust shall not exercise any right under the Credit Agreement without giving the Lessee at least ten fifteen (1015) Business Days' prior written notice (or such shorter period as may be required but in no case less than three five (35) Business Days) and, following such notice, the Owner Trustee Trust shall take such action, or forbear from taking such action, as the Lessee shall direct and (y) the Lessee shall have the right to exercise any other right of the Owner Trustee Trust under the Credit Agreement upon not less than two (2) Business Days' prior written notice from the Lessee to the Owner TrusteeTrust. Notwithstanding the foregoing, the Investors Investor shall retain the exclusive right to direct the Owner Trustee Trust with respect to the exercise of the Excepted Rights.
Appears in 1 contract