Common use of No Conflict by Lenders Clause in Contracts

No Conflict by Lenders. the following steps shall be followed: (i) at least seven (7) Business Days prior to the delivery of any notice to the Agent pursuant to Section 3.4 requesting Accommodations intended to be utilized for such Takeover, the President, the Chief Executive Officer, the Chief Operating Officer, the Chief Financial Officer or the Treasurer of the Borrower shall advise the Agent (who shall promptly advise an appropriate officer of each Lender) of the particulars of such Takeover in sufficient detail to enable such Lender to determine whether it has a conflict of interest if Accommodations from such Lender are utilized by the Borrower for such Takeover; (ii) within five (5) Business Days of being so advised, each Lender shall notify the Agent of such Lender's determination, acting reasonably, as to whether such a conflict of interest exists (such determination to be made by such Lender in the exercise of its sole discretion having regard to such considerations as it deems appropriate), provided that in the event such Lender does not so notify the Agent within such five (5) Business Day period, such Lender shall be deemed to have notified the Agent that it has such a conflict of interest; and (iii) the Agent shall promptly notify the President, the Chief Executive Officer, the Chief Operating Officer, the Chief Financial Officer or the Treasurer of the Borrower of each Lender's determination or deemed determination; and in the event that any Lender has, or is deemed to have, such a conflict of interest, then upon the Agent so notifying the Borrower, such Lender shall have no obligation to provide Accommodations for such Takeover notwithstanding any other provision of this Agreement to the contrary; provided, however, that each other Lender (a "Takeover Lender") which has no such conflict of interest shall have an obligation, up to the amount of its Commitment, to provide Accommodations for such Takeover, and any such Accommodations provided for such Takeover shall be provided by each Takeover Lender in accordance with the ratio that its Lender's Proportion bears to the aggregate of the Lender's Proportions of all the Takeover Lenders; and

No Conflict by Lenders. the following steps shall be followed: (i) at least seven (7) Business Days prior to the delivery of any notice to the Agent pursuant to Section 3.4 requesting Accommodations intended to be utilized for such Takeover, the President, the Chief Executive Officer, the Chief Operating Officer, the Chief Financial Officer or the Treasurer of the Borrower shall advise the Agent (who shall promptly advise an appropriate officer of each Lender) of the particulars of such Takeover in sufficient detail to enable such Lender to determine whether it has a conflict of interest if Accommodations from such Lender are utilized by the Borrower for such Takeover; (ii) within five (5) Business Days of being so advised, each Lender shall notify the Agent of such Lender's ’s determination, acting reasonably, as to whether such a conflict of interest exists (such determination to be made by such Lender in the exercise of its sole discretion having regard to such considerations as it deems appropriate), provided that in the event such Lender does not so notify the Agent within such five (5) Business Day period, such Lender shall be deemed to have notified the Agent that it has such a conflict of interest; and (iii) the Agent shall promptly notify the President, the Chief Executive Officer, the Chief Operating Officer, the Chief Financial Officer or the Treasurer of the Borrower of each Lender's ’s determination or deemed determination; and in the event that any Lender has, or is deemed to have, such a conflict of interest, then upon the Agent so notifying the Borrower, such Lender shall have no obligation to provide Accommodations for such Takeover notwithstanding any other provision of this Agreement to the contrary; provided, however, that each other Lender (a "“Takeover Lender"”) which has no such conflict of interest shall have an obligation, up to the amount of its Commitment, to provide Accommodations for such Takeover, and any such Accommodations provided for such Takeover shall be provided by each Takeover Lender in accordance with the ratio that its Lender's ’s Proportion bears to the aggregate of the Lender's ’s Proportions of all the Takeover Lenders; and

No Conflict by Lenders. the following steps shall be followed: (i) at least seven (7) five Business Days prior to the delivery of any notice to the Agent pursuant to Section 3.4 3.3 requesting Accommodations Loans intended to be utilized for such Takeover, the President, the Chief Executive Officer, the Chief Operating Officer, the Chief Financial Officer or the Treasurer of the Borrower shall advise notify the Agent (who shall promptly advise an appropriate officer of notify each Lender) Lender of the particulars of such Takeover in sufficient detail to enable such Lender to determine whether it has a conflict of interest if Accommodations Loans from such Lender are utilized by the Borrower for such Takeover; (ii) within five (5) three Business Days of being so advisednotified, each such Lender shall notify the Agent of such Lender's ’s determination, acting reasonably, as to whether such a conflict of interest exists (such determination to be made by such Lender in the exercise of its sole discretion having regard to such considerations as it deems appropriate), provided that in the event if such Lender does not so notify the Agent within such five (5) three Business Day periodDays, such Lender shall be deemed to have notified the Agent that it has no such conflict of interest (any such Lender having such a conflict of interestinterest being a “Conflicted Lender” and any such Lender having no such conflict of interest being a “Non-Conflicted Lender”); and (iii) the Agent shall promptly notify the President, the Chief Executive Officer, the Chief Operating Officer, the Chief Financial Officer or the Treasurer of the Borrower of each Lender's determination or deemed ’s determination; and in . In the event that any Lender has, or has determined it is deemed to have, such a conflict of interestConflicted Lender, then upon the Agent so notifying the Borrower, such Lender shall have no obligation to provide Accommodations Loans for such Takeover notwithstanding any other provision of this Agreement to the contrary; provided, however, that each other Non-Conflicted Lender (a "Takeover Lender") which has no such conflict of interest shall have an obligation, up to the amount of its Commitment, to provide Accommodations Loans for such Takeover, and any such Accommodations provided Loans for such Takeover shall be provided by each Takeover Non-Conflicted Lender in accordance with the ratio that its Lender's ’s Proportion bears to the aggregate of the Lender's ’s Proportions of all the Takeover Non-Conflicted Lenders; and.