Most Favored Lender. Each Borrower covenants that if, on any date, it enters into, assumes or otherwise becomes bound or obligated under any agreement evidencing, securing, guaranteeing or otherwise relating to any Indebtedness (other than the Indebtedness evidenced by this Agreement) in excess of $1,000,000, or obligations in excess of $1,000,000 in respect of one or more Swap Agreements, of any Borrower, that contains, or amends any such agreement to contain, one or more Additional Covenants or Additional Defaults, then on such date the terms of this Agreement shall, without any further action on the part of any Borrower or the Lender, be deemed to be amended automatically to include each Additional Covenant and each Additional Default contained in such agreement. Each Borrower further covenants to promptly execute and deliver at its expense (including the reasonable fees and expenses of counsel for the Lender) an amendment to this Agreement in form and substance satisfactory to the Lender evidencing the amendment of this Agreement to include such Additional Covenants and Additional Defaults, provided that the execution and delivery of such amendment shall not be a precondition to the effectiveness of such amendment as provided for in this Section 7.14, but shall merely be for the convenience of the parties hereto.
Appears in 2 contracts
Samples: Credit Agreement (Twin Disc Inc), Credit Agreement (Twin Disc Inc)
Most Favored Lender. Each Borrower covenants that if, on any date, it or any Subsidiary enters into, assumes or otherwise becomes bound or obligated under any agreement evidencing, securing, guaranteeing or otherwise relating to any Indebtedness (other than the Indebtedness evidenced by this Loan Agreement) in excess of $1,000,000, or obligations in excess of $1,000,000 in respect of one or more Swap Agreements, of any Borrowerone or more of the Borrower and its Subsidiaries, that contains, or amends any such agreement to contain, one or more Additional Covenants or Additional Defaults, then on such date the terms of this Loan Agreement shall, without any further action on the part of any the Borrower or the LenderM&I, be deemed to be amended automatically to include each Additional Covenant and each Additional Default contained in such agreement. Each Borrower further covenants to promptly execute and deliver at its expense (including the reasonable fees and expenses of counsel for the LenderM&I) an amendment to this Agreement in form and substance satisfactory to the Lender M&I evidencing the amendment of this Agreement to include such Additional Covenants and Additional Defaults, provided that the execution and delivery of such amendment shall not be a precondition to the effectiveness of such amendment as provided for in this Section 7.145.14, but shall merely be for the convenience of the parties hereto.
Appears in 1 contract
Samples: Loan Agreement (Twin Disc Inc)
Most Favored Lender. Each Borrower covenants that if, on any date, it or any Subsidiary enters into, assumes or otherwise becomes bound or obligated under any agreement evidencing, securing, guaranteeing or otherwise relating to any Indebtedness (other than the Indebtedness evidenced by this Agreement) in excess of $1,000,000, or obligations in excess of $1,000,000 in respect of one or more Swap Agreements, of any Borrowerone or more of any Borrower and its Subsidiaries, that contains, or amends any such agreement to contain, one or more Additional Covenants or Additional Defaults, then on such date the terms of this Agreement shall, without any further action on the part of any Borrower or the Lender, be deemed to be amended automatically to include each Additional Covenant and each Additional Default contained in such agreement. Each Borrower further covenants to promptly execute and deliver at its expense (including the reasonable fees and expenses of counsel for the Lender) an amendment to this Agreement in form and substance satisfactory to the Lender evidencing the amendment of this Agreement to include such Additional Covenants and Additional Defaults, provided that the execution and delivery of such amendment shall not be a precondition to the effectiveness of such amendment as provided for in this Section 7.14, but shall merely be for the convenience of the parties hereto.
Appears in 1 contract
Samples: Credit Agreement (Twin Disc Inc)
Most Favored Lender. Each The Borrower covenants that if, on any date, it or any Subsidiary enters into, assumes or otherwise becomes bound or obligated under any agreement evidencing, securing, guaranteeing or otherwise relating to any Indebtedness (other than the Indebtedness evidenced by this Loan Agreement) in excess of $1,000,000, or obligations in excess of $1,000,000 in respect of one or more Swap Agreements, of any Borrowerone or more of the Borrower and its Subsidiaries, that contains, or amends any such agreement to contain, one or more Additional Covenants or Additional Defaults, then on such date the terms of this Loan Agreement shall, without any further action on the part of any the Borrower or the LenderM&I, be deemed to be amended automatically to include each Additional Covenant and each Additional Default contained in such agreement. Each The Borrower further covenants to promptly execute and deliver at its expense (including the reasonable fees and expenses of counsel for the LenderM&I) an amendment to this Agreement in form and substance satisfactory to the Lender M&I evidencing the amendment of this Agreement to include such Additional Covenants and Additional Defaults, provided that the execution and delivery of such amendment shall not be a precondition to the effectiveness of such amendment as provided for in this Section 7.145.14, but shall merely be for the convenience of the parties hereto.
Appears in 1 contract
Samples: Loan Agreement (Twin Disc Inc)
Most Favored Lender. Each Borrower covenants that ifIf, on any date, it enters any Issuer or any its Subsidiaries shall (i) enter into, assumes assume or otherwise becomes become bound by or obligated under any agreement evidencing, securing, guaranteeing or otherwise relating to any Indebtedness (other than the Indebtedness evidenced by this Agreement) in excess of $1,000,000, or obligations in excess of $1,000,000 in respect of Primary Debt Facility which contains one or more Swap Agreements, of any Borrower, that containsAdditional Covenants or Additional Defaults, or amends (ii) amend any such agreement Primary Debt Facility to contain, include one or more Additional Covenants or Additional Defaults, then on concurrently therewith (a) such date Issuer will notify the holders of the Notes thereof, and (b) whether or not such Issuer provides such notice, the terms of this Agreement shall, without any further action on the part of any Borrower Issuer or any holder of the LenderNotes, be deemed to be amended automatically to include each Additional Covenant and each Additional Default contained in such agreementthis Agreement. Each Borrower Issuer further covenants to promptly execute and deliver at its expense (including including, without limitation, the reasonable fees and expenses of counsel for the Lenderholders of the Notes) an amendment to this Agreement in form and substance satisfactory to the Lender Required Holder(s) evidencing the amendment of this Agreement to include such Additional Covenants and Additional DefaultsDefaults in this Agreement, provided that the execution and delivery of such amendment shall not be a precondition to the effectiveness of such amendment as provided for in this Section 7.14paragraph 6P, but shall merely be for the convenience of the parties hereto.
Appears in 1 contract