Reallocation of Commitments and Loans. The Lenders party to the Original Credit Agreement have agreed among themselves to reallocate their respective Commitments (as defined in the Original Credit Agreement) as contemplated by this Agreement, and to, among other things, allow certain financial institutions identified by the Lead Arranger in consultation with the Borrower, to become a party to this Agreement as a Lender (each, a “New Lender”) by acquiring an interest in the Aggregate Commitment. On the Fourth Amendment Effective Date and after giving effect to such reallocation and adjustment of the Aggregate Commitment, the Commitment and Applicable Percentage of each Lender, including each New Lender, shall be as set forth on Schedule 2.01 and each Lender, including each New Lender, shall own its Applicable Percentage of the outstanding Loans. The reallocation and adjustment to the Commitments of each Lender, including each New Lender, as contemplated by this Section 11.19 shall be deemed to have been consummated pursuant to the terms of the Assignment and Assumption attached as Exhibit A hereto as if each of the Lenders, including each New Lender, had executed an Assignment and Assumption with respect to such reallocation and adjustment. The Borrower and the Administrative Agent hereby consent to such reallocation and adjustment of the Commitments and each New Lender’s acquisition of an interest in the Aggregate Commitment. The Administrative Agent hereby waives the $3,500 processing and recordation fee set forth in Section 11.04(b)(ii)(C) with respect to the assignments and reallocations of the Commitments contemplated by this Section 11.19. To the extent requested by any Lender, and in accordance with Section 2.16, the Borrower shall pay to such Lender, within the time period prescribed by Section 2.16, any amounts required to be paid by the Borrower under Section 2.16 in the event the payment of any principal of any Eurodollar Loan or the conversion of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto is required in connection with the reallocation contemplated by this Section 11.19.
Appears in 2 contracts
Samples: Credit Agreement (Clayton Williams Energy Inc /De), Credit Agreement (Clayton Williams Energy Inc /De)
Reallocation of Commitments and Loans. The Lenders party to the Original Credit Agreement have agreed among themselves to reallocate their respective Commitments (as defined in the Original Credit Agreement) as contemplated by this Agreement, and to, among other things, allow certain financial institutions identified by the Lead Arranger in consultation with the Borrower, to become a party to this Agreement as a Lender (each, a “New Lender”) by acquiring an interest in the Aggregate Commitment. On the Fourth Amendment Effective Date and after giving effect to such reallocation and adjustment of the Aggregate Commitment, the Commitment and Applicable Percentage of each Lender, including each New Lender, Lender shall be as set forth on Schedule 2.01 1.01 and each Lender, including each New Lender, Lender shall own its Applicable Percentage of the outstanding Loans. The reallocation and adjustment to the Commitments of each Lender, including each New Lender, Lender as contemplated by this Section 11.19 11.17 shall be deemed to have been consummated pursuant to the terms of the Assignment and Assumption attached as Exhibit A hereto as if each of the Lenders, including each New Lender, Lenders had executed an Assignment and Assumption with respect to such reallocation and adjustment. The Each Borrower and the Administrative Agent hereby consent to such reallocation and adjustment of the Commitments and each New Lender’s acquisition of an interest in the Aggregate CommitmentCommitments. The Administrative Agent hereby waives the $3,500 processing and recordation fee set forth in Section 11.04(b)(ii)(C) with respect to the assignments and reallocations of the Commitments contemplated by this Section 11.1911.17. To the extent requested by any Lender, and in accordance with Section 2.16, the Borrower Borrowers shall pay to such Lender, within the time period prescribed by Section 2.16, any amounts required to be paid by the Borrower Borrowers under Section 2.16 in the event the payment of any principal of any Eurodollar Loan or the conversion of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto is required in connection with the reallocation contemplated by this Section 11.1911.17.
Appears in 2 contracts
Samples: Credit Agreement (Antero Resources LLC), Credit Agreement (Antero Resources Finance Corp)
Reallocation of Commitments and Loans. The Lenders party to the Original Credit Agreement have agreed among themselves to reallocate their respective Revolving Commitments (as defined in the Original Credit Agreement) as contemplated by this Agreement, and to, among other things, allow certain financial institutions identified by the Co-Lead Arranger Arrangers in consultation with the Borrower, to become a party to this Agreement as a Lender (each, a “New Lender”) by acquiring an interest in the Aggregate Commitment. On the Fourth Amendment Effective Date and after giving effect to such reallocation and adjustment of the Aggregate Commitment, the Commitment and Applicable Percentage of each Lender, including each New Lender, shall be as set forth on Schedule 2.01 and each Lender, including each New Lender, shall own its Applicable Percentage of the outstanding Loans. The reallocation and adjustment to the Commitments of each Lender, including each New Lender, as contemplated by this Section 11.19 11.17 shall be deemed to have been consummated pursuant to the terms of the Assignment and Assumption attached as Exhibit A hereto as if each of the Lenders, including each New Lender, had executed an Assignment and Assumption with respect to such reallocation and adjustment. The Borrower and the Administrative Agent hereby consent to such reallocation and adjustment of the Commitments and each New Lender’s acquisition of an interest in the Aggregate Commitment. The Administrative Agent hereby waives the $3,500 processing and recordation fee set forth in Section 11.04(b)(ii)(C) with respect to the assignments and reallocations of the Commitments contemplated by this Section 11.1911.17. To the extent requested by any Lender, and in accordance with Section 2.16, the Borrower shall pay to such Lender, within the time period prescribed by Section 2.16, any amounts required to be paid by the Borrower under Section 2.16 in the event the payment of any principal of any Eurodollar Loan or the conversion of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto is required in connection with the reallocation contemplated by this Section 11.1911.17.
Appears in 1 contract
Samples: Credit Agreement (PDC Energy, Inc.)
Reallocation of Commitments and Loans. The Lenders party to the Original Existing Credit Agreement have agreed among themselves to reallocate their respective Revolving Commitments (as defined in the Original Existing Credit Agreement) in accordance with each Lender’s applicable Revolving Commitment as contemplated by this Agreement, and to, among other things, allow certain financial institutions identified by the Lead Arranger Arrangers in consultation with the Borrower, to become a party to this Agreement as a Lender (each, a “New Lender”) by acquiring an interest in the Aggregate CommitmentTotal Revolving Commitments. On the Fourth Amendment Effective Closing Date and after giving effect to such reallocation and adjustment of the Aggregate CommitmentTotal Revolving Commitments, the Revolving Commitment and Applicable Revolving Percentage of each Lender, including each New Lender, shall be as set forth on Schedule 2.01 1.1A and each Lender, including each New Lender, shall own its Applicable Revolving Percentage of the outstanding Loans. The reallocation and adjustment to the Revolving Commitments of each Lender, including each New Lender, as contemplated by this Section 11.19 10.21 shall be deemed to have been consummated pursuant to the terms of the Assignment and Assumption attached as Exhibit A E hereto as if each of the Lenders, including each New Lender, had executed an Assignment and Assumption with respect to such reallocation and adjustment. The Borrower and the Administrative Agent hereby consent to such reallocation and adjustment of the Revolving Commitments and each New Lender’s acquisition of an interest in the Aggregate Total Revolving Commitment. The Administrative Agent hereby waives the $3,500 processing and recordation fee set forth in Section 11.04(b)(ii)(C10.06(b)(ii)(C) with respect to the assignments and reallocations of the Commitments contemplated by this Section 11.19. To the extent requested by any Lender, and in accordance with Section 2.16, the Borrower shall pay to such Lender, within the time period prescribed by Section 2.16, any amounts required to be paid by the Borrower under Section 2.16 in the event the payment of any principal of any Eurodollar Loan or the conversion of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto is required in connection with the reallocation contemplated by this Section 11.1910.21.
Appears in 1 contract
Samples: Credit Agreement (First Solar, Inc.)
Reallocation of Commitments and Loans. The Lenders party to the Original Credit Agreement have agreed among themselves to reallocate their respective Commitments (as defined in the Original Credit Agreement) as contemplated by this Agreement, Agreement and to, among other things, allow certain financial institutions identified by the Lead Arranger in consultation with the Borrower, to become a party to this Agreement as a Lender (each, a “New Lender”) by acquiring an interest adjust their interests in the Aggregate CommitmentCommitment and the Loans accordingly. On the Fourth Amendment Effective Date and after giving effect to such reallocation and adjustment of the Aggregate Commitment, the Commitment and Applicable Percentage of each Lender, including each New Lender, Lender shall be as set forth on Schedule 2.01 and each Lender, including each New Lender, Lender shall own its Applicable Percentage of the outstanding Loans. The reallocation and adjustment to the Commitments of each Lender, including each New Lender, Lender as contemplated by this Section 11.19 11.17 shall be deemed to have been consummated pursuant to the terms of the Assignment and Assumption attached as Exhibit A hereto as if each of the Lenders, including each New Lender, Lenders had executed an Assignment and Assumption with respect to such reallocation and adjustment. The Borrower and the Administrative Agent hereby consent to such reallocation and adjustment of the Commitments and each New Lender’s acquisition of an interest in the Aggregate CommitmentCommitments. The Administrative Agent hereby waives the $3,500 processing and recordation fee set forth in Section 11.04(b)(ii)(C) with respect to the assignments and reallocations of the Commitments contemplated by this Section 11.1911.17. To the extent requested by any Lender, and in accordance with Section 2.162.17, the Borrower shall pay to such Lender, within the time period prescribed by Section 2.162.17, any amounts required to be paid by the Borrower under Section 2.16 2.17 in the event the payment of any principal of any Eurodollar Loan or the conversion of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto is required in connection with the reallocation contemplated by this Section 11.19.11.17. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their respective authorized officers as of the day and year first above written. BORROWER: EXCO RESOURCES, INC. By: /s/ J. Xxxxxxx Xxxxxx. Ph.D. Name: J. Xxxxxxx Xxxxxx, Ph.D. Title: Vice President – Finance GUARANTORS: EXCO RESOURCES (PA), INC. EXCO RESOURCES (WV), INC. EXCO SERVICES, INC. EXCO MIDCONTINENT MLP, LLC XXXXXX GATHERING, LLC EXCO PARTNERS GP, LLC EXCO GP PARTNERS OLP GP, LLC By: /s/ J. Xxxxxxx Xxxxxx. Ph.D. Name: J. Xxxxxxx Xxxxxx, Ph.D. Title: Vice President – Finance EXCO OPERATING COMPANY, LP By: EXCO Partners OLP GP, LLC its sole general partner By: /s/ J. Xxxxxxx Xxxxxx. Ph.D. Name: J. Xxxxxxx Xxxxxx, Ph.D. Title: Vice President – Finance EXCO GP PARTNERS OLD, LP By: EXCO Partners GP, LLC its sole general partner By: /s/ J. Xxxxxxx Xxxxxx. Ph.D. Name: J. Xxxxxxx Xxxxxx, Ph.D. Title: Vice President – Finance JPMORGAN CHASE BANK, N.A., as a Lender and as Administrative Agent and Issuing Bank By: /s/ Xxxxxxxx X. Xxxxxxxxx Name: Xxxxxxxx X. Xxxxxxxxx Title: Senior Vice President BANK OF AMERICA, N.A., as a Lender and as Co-Lead Arranger and Co-Syndication Agent By: /s/ Xxxxxxx X. Hainkamp Name: Xxxxxxx X. Hainkamp Title: Managing Director BNP PARIBAS, as a Lender and as Co-Lead Arranger and Co-Syndication Agent By: /s/ Xxxxxxx Xxxxxxxxx Name: Xxxxxxx Xxxxxxxxx Title: Director By: /s/ Xxxxx Xxxx Name: Xxxxx Xxxx Title: Managing Director ROYAL BANK OF CANADA, as a Lender and as Co-Lead Arranger and Co-Documentation Agent By: /s/ Xxx X. XxXxxxxxxxx Name: Xxx X. XxXxxxxxxxx Title: Authorized Signatory XXXXX FARGO BANK, NATIONAL ASSOCIATION, as a Lender and as Co-Documentation Agent By: /s/ Xxx X. Xxxxxx Name: Xxx X. Xxxxxx Title: Vice President UBS LOAN FINANCE LLC, as a Lender By: /s/ Xxxx X. Xxxx Name: Xxxx X. Xxxx Title: Associate Director Banking Products Services US By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: Associate Director Banking Products Services US NATIXIS, as a Lender By: /s/ Xxxxxxx X. Xxxxxxxxx Name: Xxxxxxx X. Xxxxxxxxx Title: Managing Director By: /s/ Liana Tchernysheva Name: Liana Tchernysheva Title: Director THE ROYAL BANK OF SCOTLAND PLC, as a Lender By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Vice President UNION BANK, N.A., as a Lender By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Vice President BANK OF MONTREAL, as a Lender By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Director BANK OF SCOTLAND PLC, as a Lender By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Assistant Vice President CITIBANK, N.A., as a Lender By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Vice President DEUTSCHE BANK TRUST COMPANY AMERICAS, as a Lender By: /s/ Xxxxxx X. Xxxxxxxxxx Name: Xxxxxx X. Xxxxxxxxxx Title: Director By: /s/ Xxxxxxxxxx Xxxxxx Name: Xxxxxxxxxx Xxxxxx Title: Director CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK, as a Lender By: /s/ Xxxxx Xxxxxxxxxx Name: Xxxxx Xxxxxxxxxx Title: Managing Director By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Managing Director U.S. BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Vice President COMERICA BANK, as a Lender By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Senior Vice President SUMITOMO MITSUI BANKING CORPORATION, as a Lender By: /s/ Xxxxxxx X. Xxxx Name: Xxxxxxx X. Xxxx Title: General Manager BARCLAYS BANK PLC, as a Lender By: /s/ Xxx Xxx Name: Xxx Xxx Title: Assistant Vice President THE BANK OF NOVA SCOTIA, as a Lender By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx
Appears in 1 contract
Reallocation of Commitments and Loans. The Lenders (including the Departing Lenders) party to the Original Existing Credit Agreement have agreed among themselves to reallocate their respective Commitments (as defined in the Original Existing Credit Agreement) as contemplated by this Agreement, and to, among other things, allow certain financial institutions identified by the Lead Arranger in consultation with the Borrower, to become a party to this Agreement as a Lender (each, a “New Lender”) by acquiring an interest in the Aggregate Commitment. On the Fourth Amendment Effective Date and after giving effect to such reallocation and adjustment of the Aggregate Commitment, the Commitment and Applicable Percentage of each Lender, including each New Lender, Lender shall be as set forth on Schedule 2.01 1.01 and each Lender, including each New Lender, Lender shall own its Applicable Percentage of the outstanding Loans. The reallocation and adjustment to the Commitments of each Lender, including each New Lender, Lender as contemplated by this Section 11.19 11.18 shall be deemed to have been consummated pursuant to the terms of the Assignment and Assumption attached as Exhibit A hereto as if each of the Lenders, including each New Lender, Lenders had executed an Assignment and Assumption with respect to such reallocation and adjustment. The Borrower and the Administrative Agent hereby consent to such reallocation and adjustment of the Commitments and each New Lender’s acquisition of an interest in the Aggregate CommitmentCommitments. The Administrative Agent hereby waives the $3,500 processing and recordation fee set forth in Section 11.04(b)(ii)(C) with respect to the assignments and reallocations of the Commitments contemplated by this Section 11.1911.18. To the extent requested by any Lender, and in accordance with Section 2.16, the Borrower shall pay to such Lender, within the time period prescribed by Section 2.16, any amounts required to be paid by the Borrower under Section 2.16 in the event the payment of any principal of any Eurodollar Loan or the conversion of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto is required in connection with the reallocation contemplated by this Section 11.1911.18.
Appears in 1 contract
Reallocation of Commitments and Loans. The Lenders party to the Original Credit Agreement have agreed among themselves to reallocate their respective Commitments (as defined in the Original Credit Agreement) as contemplated by this Agreement, Agreement and to, among other things, allow certain financial institutions identified by the Lead Arranger in consultation with the Borrower, to become a party to this Agreement as a Lender (each, a “New Lender”) by acquiring an interest adjust their interests in the Aggregate CommitmentRevolving Commitment and the Loans accordingly. On the Fourth Amendment Effective Date and after giving effect to such reallocation and adjustment of the Aggregate Commitment, the Revolving Commitment and Applicable Percentage of each Lender, including each New Lender, Lender shall be as set forth on Schedule 2.01 and each Lender, including each New Lender, Lender shall own its Applicable Percentage of the outstanding Loans. The reallocation and adjustment to the Revolving Commitments of each Lender, including each New Lender, Lender as contemplated by this Section 11.19 11.17 shall be deemed to have been consummated pursuant to the terms of the Assignment and Assumption attached as Exhibit A hereto as if each of the Lenders, including each New Lender, Lenders had executed an Assignment and Assumption with respect to such reallocation and adjustment. The Borrower and the Administrative Agent hereby consent to such reallocation and adjustment of the Commitments and each New Lender’s acquisition of an interest in the Aggregate CommitmentRevolving Commitments. The Administrative Agent hereby waives the $3,500 processing and recordation fee set forth in Section 11.04(b)(ii)(C) with respect to the assignments and reallocations of the Revolving Commitments contemplated by this Section 11.1911.17. To the extent requested by any Lender, and in accordance with Section 2.162.17, the Borrower shall pay to such Lender, within the time period prescribed by Section 2.162.17, any amounts required to be paid by the Borrower under Section 2.16 2.17 in the event the payment of any principal of any Eurodollar Loan or the conversion of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto is required in connection with the reallocation contemplated by this Section 11.1911.17.
Appears in 1 contract
Reallocation of Commitments and Loans. The Lenders party Notwithstanding anything to the Original contrary in the Credit Agreement have agreed among themselves to reallocate their respective Commitments (as defined in or the Original Amended Credit Agreement, each party hereto agrees (i) as contemplated by this Agreement, and to, among other things, allow certain financial institutions identified by that on the Lead Arranger in consultation with the Borrower, to become a party to this Agreement as a Lender (each, a “New Lender”) by acquiring an interest in the Aggregate Commitment. On the Fourth Third Amendment Effective Date and after giving effect to such reallocation and adjustment of the Aggregate CommitmentDate, the Commitment Loans and Applicable Percentage of each Lender, including each New Lender, Commitments shall be as set forth on Schedule 2.01 I attached as Annex C hereto and as described in the Amended Credit Agreement, (ii) that the requisite assignments, payments and prepayments shall be deemed to be made in such amounts among the Lenders (including the Departing Lenders and the New Lenders) and from each Lender, Lender to each other Lender (including each New Lender), with the same force and effect as if such assignments were evidenced by applicable Assignment and Assumptions under the Credit Agreement or otherwise and (iii) to any adjustments to be made to the Register to effectuate such reallocations, assignments, payments and prepayments. In connection therewith, any reallocation among the applicable Lenders (including the Departing Lenders and the New Lenders) resulting from the adjustments of the Loans and Commitments shall all occur on the Third Amendment Effective Date in connection with this Amendment (the “Facility Adjustments”). Notwithstanding anything to the contrary in Section 12.04 of the Credit Agreement or this Amendment, no other documents or instruments, including any Assignment and Assumption, shall own its Applicable Percentage be required to be executed in connection with these assignments, payments and prepayments (all of the outstanding Loans. The reallocation which requirements are hereby waived), and adjustment to the Commitments of each Lender, including each New Lender, as contemplated by this Section 11.19 such assignments shall be deemed to have been consummated pursuant to the terms of the Assignment be made with all applicable representations, warranties and Assumption attached as Exhibit A hereto covenants as if each of the Lenders, including each New Lender, had executed evidenced by an Assignment and Assumption Assumption. On the Third Amendment Effective Date, the Lenders shall make full cash settlement with respect each other through the Administrative Agent (including in the form of non-pro rata funding by any Lender that has increased its Commitment and/or Loans as of the Third Amendment Effective Date, including, without limitation, in an aggregate amount equal to such reallocation and adjustment. The Borrower the outstanding Loans of the Departing Lenders), and the Administrative Agent hereby consent may make such adjustments between and among the applicable Lenders as are reasonably necessary to such reallocation and adjustment of effectuate the Commitments and Facility Adjustments, in each New Lender’s acquisition of an interest in case as the Aggregate Commitment. The Administrative Agent hereby waives the $3,500 processing and recordation fee set forth in Section 11.04(b)(ii)(C) may direct or approve, with respect to all assignments, reallocations and other changes in Commitments and Loans, so that the assignments outstanding Loans and reallocations Commitments are as set forth on the revised Schedule I attached as Annex C hereto as of the Commitments contemplated by this Section 11.19. To the extent requested by any Lender, and in accordance with Section 2.16, the Borrower shall pay to such Lender, within the time period prescribed by Section 2.16, any amounts required to be paid by the Borrower under Section 2.16 in the event the payment of any principal of any Eurodollar Loan or the conversion of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto is required in connection with the reallocation contemplated by this Section 11.19Third Amendment Effective Date.
Appears in 1 contract
Reallocation of Commitments and Loans. The Lenders party to the Original Credit Agreement have agreed among themselves to reallocate their respective Revolving Commitments (as defined in the Original Credit Agreement) as contemplated by this Agreement, and to, among other things, allow certain financial institutions identified by the Co-Lead Arranger Arrangers in consultation with the Borrower, to become a party to this Agreement as a Lender (each, a “New Lender”) by acquiring an interest in the Aggregate Commitment. On the Fourth Amendment Effective Date and after giving effect to such reallocation and adjustment of the Aggregate Commitment, the Commitment and Applicable Percentage of each Lender, including each New Lender, shall be as set forth on Schedule 2.01 and each Lender, including each New Lender, shall own its Applicable Percentage of the outstanding Loans. The reallocation and adjustment to the Commitments of each Lender, including each New Lender, as contemplated by this Section 11.19 11.17 shall be deemed to have been consummated pursuant to the terms of the Assignment and Assumption attached as Exhibit A hereto as if each of the Lenders, including each New Lender, had executed an Assignment and Assumption with respect to such reallocation and adjustment. The Borrower and the Administrative Agent hereby consent to such reallocation and adjustment of the Commitments and each New Lender’s acquisition of an interest in the Aggregate Commitment. The Administrative Agent hereby waives the $3,500 processing and recordation fee set forth in Section 11.04(b)(ii)(C) with respect to the assignments and reallocations of the Commitments contemplated by this Section 11.1911.17. To the extent requested by any Lender, and in accordance with Section 2.16, the Borrower shall pay to such Lender, within the time period prescribed by Section 2.16, any amounts required to be paid by the Borrower under Section 2.16 in the event the payment of any principal of any Eurodollar Loan or the conversion of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto is required in connection with the reallocation contemplated by this Section 11.19.11.17. [Signature Page Follows]
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Reallocation of Commitments and Loans. The Lenders party to the Original Credit Agreement have agreed among themselves to reallocate their respective Commitments (as defined in the Original Credit Agreement) as contemplated by this Agreement, and to, among other things, allow certain financial institutions identified by the Lead Arranger in consultation with the Borrower, to become a party to this Agreement as a Lender (each, a “New Lender”) by acquiring an interest in the Aggregate Commitment. On the Fourth Amendment Effective Date and after giving effect to such reallocation and adjustment of the Aggregate Commitment, the Commitment and Applicable Percentage of each Lender, including each New Lender, shall be as set forth on Schedule 2.01 and each Lender, including each New Lender, shall own its Applicable Percentage of the outstanding Loans. The reallocation and adjustment to the Commitments of each Lender, including each New Lender, as contemplated by this Section 11.19 shall be deemed to have been consummated pursuant to the terms of the Assignment and Assumption attached as Exhibit A hereto as if each of the Lenders, including each New Lender, had executed an Assignment and Assumption with respect to such reallocation and adjustment. The Borrower and the Administrative Agent hereby consent to such reallocation and adjustment of the Commitments and each New Lender’s acquisition of an interest in the Aggregate Commitment. The Administrative Agent hereby waives the $3,500 processing and recordation fee set forth in Section 11.04(b)(ii)(C) with respect to the assignments and reallocations of the Commitments contemplated by this Section 11.19. To the extent requested by any Lender, and in accordance with Section 2.16, the Borrower shall pay to such Lender, within the time period prescribed by Section 2.16, any amounts required to be paid by the Borrower under Section 2.16 in the event the payment of any principal of any Eurodollar Loan or the conversion of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto is required in connection with the reallocation contemplated by this Section 11.19.
Appears in 1 contract
Reallocation of Commitments and Loans. The Lenders party to the Original Credit Agreement have agreed among themselves to reallocate their respective Commitments (as defined in the Original Credit Agreement) as contemplated by this Agreement, Agreement and to, among other things, allow certain financial institutions identified by the Lead Arranger in consultation with the Borrower, to become a party to this Agreement as a Lender (each, a “New Lender”) by acquiring an interest adjust their interests in the Aggregate CommitmentRevolving Commitment and the Loans accordingly. On the Fourth Amendment Effective Date and after giving effect to such reallocation and adjustment of the Aggregate Commitment, the Revolving Commitment and Applicable Percentage of each Lender, including each New Lender, Lender shall be as set forth on Schedule 2.01 and each Lender, including each New Lender, Lender shall own its Applicable Percentage of the outstanding Loans. The reallocation and adjustment to the Revolving Commitments of each Lender, including each New Lender, Lender as contemplated by this Section 11.19 11.17 shall be deemed to have been consummated pursuant to the terms of the Assignment and Assumption attached as Exhibit A hereto as if each of the Lenders, including each New Lender, Lenders had executed an Assignment and Assumption with respect to such reallocation and adjustment. The Borrower and the Administrative Agent hereby consent to such reallocation and adjustment of the Commitments and each New Lender’s acquisition of an interest in the Aggregate CommitmentRevolving Commitments. The Administrative Agent hereby waives the $3,500 processing and recordation fee set forth in Section EXCO CREDIT AGREEMENT – Page 127 11.04(b)(ii)(C) with respect to the assignments and reallocations of the Revolving Commitments contemplated by this Section 11.1911.17. To the extent requested by any Lender, and in accordance with Section 2.162.17, the Borrower shall pay to such Lender, within the time period prescribed by Section 2.162.17, any amounts required to be paid by the Borrower under Section 2.16 2.17 in the event the payment of any principal of any Eurodollar Loan or the conversion of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto is required in connection with the reallocation contemplated by this Section 11.1911.17.
Appears in 1 contract
Reallocation of Commitments and Loans. The Lenders (including the Departing Lenders) party to the Original Existing Credit Agreement have agreed among themselves to reallocate their respective Commitments (as defined in the Original Existing Credit Agreement) as contemplated by this Agreement, and to, among other things, allow certain financial institutions identified by the Lead Arranger in consultation with the Borrower, to become a party to this Agreement as a Lender (each, a “New Lender”) by acquiring an interest in the Aggregate Commitment. On the Fourth Amendment Effective Closing Date and after giving effect to such reallocation and adjustment of the Aggregate Total Commitment, the Commitment and Applicable Percentage of each Lender, including each New Lender, Lender shall be as set forth on Schedule 2.01 1.1(a) and each Lender, including each New Lender, Lender shall own its Applicable Percentage of the outstanding Loans. The reallocation and adjustment to the Commitments of each Lender, including each New Lender, Lender as contemplated by this Section 11.19 13.26 shall be deemed to have been consummated pursuant to the terms of the Assignment and Assumption attached as Exhibit A G hereto as if each of the Lenders, including each New Lender, Lenders had executed an Assignment and Assumption with respect to such reallocation and adjustment. The Borrower and the Administrative Agent hereby consent to such reallocation and adjustment of the Commitments and each New Lender’s acquisition of an interest in the Aggregate CommitmentCommitments. The Administrative Agent hereby waives the $3,500 processing and recordation fee set forth in Section 11.04(b)(ii)(C13.6(b)(ii)(C) with respect to the assignments and reallocations of the Commitments contemplated by this Section 11.1913.26. To the extent requested by any Lender, and in accordance with Section 2.162.11, the Borrower shall pay to such Lender, within the time period prescribed by Section 2.162.11, any amounts required to be paid by the Borrower under Section 2.16 2.11 in the event the payment of any principal of any Eurodollar LIBOR Loan or the conversion of any Eurodollar LIBOR Loan other than on the last day of an Interest Period applicable thereto is required in connection with the reallocation contemplated by this Section 11.1913.26. After giving effect to this Section 13.26, as of the Closing Date, each Departing Lender shall cease to be a Lender under this Agreement or have any rights or obligations hereunder (except with respect to any indemnification obligations of the Borrower and the other Credit Parties and any other provisions which by their terms expressly survive repayment of the Loans and the termination of the Credit Documents).
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Reallocation of Commitments and Loans. The Lenders party to the Original Credit Agreement have agreed among themselves to reallocate their respective Commitments (as defined in the Original Credit Agreement) as contemplated by this Agreement, and to, among other things, allow certain financial institutions identified by the Lead Arranger in consultation with the Borrower, to become a party to this Agreement as a Lender (each, a “New Lender”) by acquiring an interest in the Aggregate CommitmentAmendment. On the Fourth Amendment Effective Date and after giving effect to such reallocation and adjustment the increase of the Aggregate CommitmentCommitment contemplated by Section 4, the Commitment and Applicable Percentage of each Lender, including each New Lender, Lender shall be as set forth on Schedule 2.01 attached hereto and each Lender, including each New Lender, Lender shall own its Applicable Percentage of the outstanding Loans. The reallocation and adjustment to the Commitments of each Lender, including each New Lender, Lender as contemplated by this Section 11.19 5 shall be deemed to have been consummated pursuant to the terms of the Assignment and Assumption attached as Exhibit A hereto to the Credit Agreement as if each of the Lenders, including each New Lender, Lenders had executed an Assignment and Assumption with respect to such reallocation and adjustment. The Borrower and the Administrative Agent hereby consent to such reallocation and adjustment of the Commitments and each New Lender’s acquisition of an interest in the Aggregate CommitmentCommitments. The Administrative Agent hereby waives the $3,500 processing and recordation fee set forth in Section 11.04(b)(ii)(C) of the Credit Agreement with respect to the assignments and reallocations of the Commitments contemplated by this Section 11.195. To the extent requested by any Lender, and in accordance with Section 2.162.16 of the Credit Agreement, the Borrower shall pay to such Lender, within the time period prescribed by Section 2.162.16 of the Credit Agreement, any amounts required to be paid by the Borrower under Section 2.16 of the Credit Agreement in the event the payment of any principal of any Eurodollar Loan or the conversion of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto is required in connection with the reallocation contemplated by this Section 11.195.
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Reallocation of Commitments and Loans. The Lenders party Fortis Capital Corp. (“Departing Lender”) desires to assign all of its rights and obligations as a Lender under the Original Credit Agreement to BNP Paribas. In addition, the Lenders (other than the Departing Lender) have agreed among themselves to reallocate their respective Commitments Commitments. Each of the Administrative Agent, the L/C Issuer, the Swing Line Lender and the Borrower hereby consents to (as defined in i) the Original Credit Agreement) as contemplated by this Agreement, and to, among other things, allow certain financial institutions identified assignment by the Lead Arranger in consultation with the Borrower, to become a party to this Agreement Departing Lender of its rights and obligations as a Lender under the Credit Agreement to BNP Paribas and (each, a “New Lender”ii) by acquiring an interest in the Aggregate Commitmentreallocation of the Commitments. On the Fourth date this Amendment Effective Date becomes effective and after giving effect to such reallocation and adjustment of the Aggregate CommitmentCommitments, the Commitment of the Departing Lender shall terminate and Applicable Percentage the Commitment of each Lender, including each New Lender, Lender shall be as set forth on Schedule 2.01 to this Amendment. With respect to such reallocation, (a) BNP Paribas shall be deemed to have acquired the Departing Lender’s Commitment and each Lender, including each New Lender, shall own its Applicable Percentage (b) such acquisition of the outstanding Loans. The Departing Lender’s Commitment and the reallocation and adjustment to of the Commitments of each Lender, including each New Lender, as contemplated by this Section 11.19 among the Lenders shall be deemed to have been consummated pursuant to the terms of the Assignment and Assumption Agreement attached as Exhibit A hereto C to the Credit Agreement as if each of Departing Lender and the Lenders, including each New Lender, other Lenders had executed an Assignment and Assumption with respect to such reallocation acquisition and adjustment. The Borrower and the Administrative Agent hereby consent to such reallocation and adjustment of the Commitments and each New Lender’s acquisition of an interest in the Aggregate Commitmentreallocation. The Administrative Agent hereby waives the $3,500 processing and recordation fee set forth in Section 11.04(b)(ii)(C10.06(b)(iv) of the Credit Agreement with respect to the assignments and reallocations of the Commitments contemplated by this Section 11.192. To the extent requested by any Lender, and in accordance with Section 2.162.16 of the Credit Agreement, the Borrower shall pay to such Lender, within the time period prescribed by Section 2.162.16 of the Credit Agreement, any amounts required to be paid by the Borrower under Section 2.16 of the Credit Agreement in the event the payment of any principal of any Eurodollar Loan or the conversion of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto is required in connection with the reallocation contemplated by this Section 11.192.
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Reallocation of Commitments and Loans. The Lenders party Fortis Capital Corp. (“Departing Lender”) desires to assign all of its rights and obligations as a Lender under the Original Credit Agreement to BNP Paribas. In addition, the Lenders (other than the Departing Lender) have agreed among themselves to reallocate their respective Commitments (as defined in the Original Credit Agreement) as contemplated by this AgreementCommitments, and to, among other things, allow certain financial institutions identified by the Lead Arranger in consultation with the Borrower, to become a party to this the Agreement as a Lender Lenders (each, a “New Lender”) by acquiring an interest in the Aggregate Commitment. Each of the Administrative Agent, the LC Issuer and each Borrower hereby consents to (i) the assignment by the Departing Lender of its rights and obligations as a Lender under the Credit Agreement to BNP Paribas, (ii) each New Lender, by its execution of this Amendment, becoming a party to the Agreement as a Lender and (iii) the reallocation of the Commitments. On the Fourth date this Amendment Effective Date becomes effective and after giving effect to such reallocation and adjustment of the Aggregate Commitment, the Commitment of the Departing Lender shall terminate, each New Lender shall be a Lender under and Applicable Percentage as defined in the Agreement and the Commitment of each Lender, including each New Lender, shall be as set forth on Schedule 2.01 and each Annex A to this Amendment. With respect to such reallocation, (a) BNP Paribas shall be deemed to have acquired the Departing Lender’s Commitment, including (b) each New Lender, Lender shall own be deemed to have acquired its Applicable Percentage Commitment from each of the outstanding Loans. The other Lenders and (c) such acquisition of the Departing Lender’s Commitment and reallocation and adjustment to of the Commitments of each Lender, including each New Lender, as contemplated by this Section 11.19 Aggregate Commitment among the Lenders shall be deemed to have been consummated pursuant to the terms of the Assignment and Assumption Agreement attached as Exhibit A hereto C to the Agreement as if each of the Lenders, including each New Departing Lender, such New Lenders and the other Lenders had executed an Assignment and Assumption with respect to such reallocation acquisition and adjustment. The Borrower and the Administrative Agent hereby consent to such reallocation and adjustment of the Commitments and each New Lender’s acquisition of an interest in the Aggregate Commitmentreallocation. The Administrative Agent hereby waives the $3,500 processing and recordation fee set forth in Section 11.04(b)(ii)(C) 14.3.3 of the Agreement with respect to the assignments and reallocations of the Commitments contemplated by this Section 11.192. To the extent requested by any Lender, and in accordance with Section 2.163.4 of the Agreement, the Borrower Borrowers shall pay to such Lender, within the time period prescribed by Section 2.163.6 of the Agreement, any amounts required to be paid by the Borrower Borrowers under Section 2.16 3.4 of the Agreement in the event the payment of any principal of any Eurodollar Loan or the conversion of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto is required in connection with the reallocation contemplated by this Section 11.192.
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Reallocation of Commitments and Loans. The Lenders party Fortis Capital Corp. ("Departing Lender") desires to assign all of its rights and obligations as a Lender under the Original Credit Agreement to other Lenders. In addition, the other Lenders have agreed among themselves to reallocate their respective Commitments (as defined in the Original Credit Agreement) as contemplated by this AgreementCommitments, and to, among other things, allow certain financial institutions identified by the X.X. Xxxxxx Securities, Inc. in its capacity as Sole Bookrunner and Joint Lead Arranger (in such capacity "X.X. Xxxxxx") in consultation with the Borrower, to become a party to this the Credit Agreement as a Lender (each, a “"New Lender”") by acquiring an interest in the Aggregate Commitment. Each of the Administrative Agent and the Borrowers hereby consent to (i) the assignments by the Departing Lender of its rights and obligations as a Lender under the Credit Agreement to the other Lenders, including the New Lenders, (ii) the reallocation of the Commitments and (iii) each New Lender's acquisition of an interest in the Aggregate Commitment. On the Fourth date this Amendment Effective Date becomes effective and after giving effect to such reallocation and adjustment of the Aggregate Commitment, the Commitment of the Departing Lender shall terminate and Applicable Percentage the Commitment of each Lender, including each New Lender, shall be as set forth on Schedule 2.01 1.01 of this Amendment. With respect to such reallocation, each New Lender shall be deemed to have acquired its Commitment from the Departing Lender and each Lender, including each New Lender, shall own its Applicable Percentage of the outstanding Loans. The other Lenders and such acquisition of the Departing Lender's Commitment and the reallocation and adjustment to of the Commitments of each Lender, including each New Lender, as contemplated by this Section 11.19 Aggregate Commitment among the Lenders shall be deemed to have been consummated pursuant to the terms of the Assignment and Assumption attached as Exhibit A hereto to the Credit Agreement as if each of the Lenders, including each New Departing Lender, such New Lenders and the other Lenders had executed an Assignment and Assumption with respect to such reallocation acquisition and adjustment. The Borrower and the Administrative Agent hereby consent to such reallocation and adjustment of the Commitments and each New Lender’s acquisition of an interest in the Aggregate Commitmentreallocation. The Administrative Agent hereby waives the $3,500 processing and recordation fee set forth in Section 11.04(b)(ii)(C) of the Credit Agreement with respect to the assignments and reallocations of the Commitments contemplated by this Section 11.192. To the extent requested by any Lender, including the Departing Lender, and in accordance with Section 2.162.16 of the Credit Agreement, the Borrower Borrowers shall pay to such Lender, within the time period prescribed by Section 2.162.16 of the Credit Agreement, any amounts required to be paid by the Borrower Borrowers under Section 2.16 of the Credit Agreement in the event the payment of any principal of any Eurodollar Loan or the conversion of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto is required in connection with the reallocation contemplated by this Section 11.192.
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Reallocation of Commitments and Loans. The Lenders party to the Original Credit Agreement have agreed among themselves to reallocate their respective Commitments (as defined in the Original Credit Agreement) as contemplated by this Agreement, and to, among other things, allow certain financial institutions identified by the Co-Lead Arranger Arrangers in consultation with the Borrower, to become a party to this Agreement as a Lender (each, a “New Lender”) by acquiring an interest in the Aggregate Commitment. In addition, BMO Capital Markets Financing, Inc., (the “Departing Lender”) desires to no longer be a party to the Original Credit Agreement and it will not be a party to this Agreement. shall be deemed to have assigned its rights and obligations as a lender under the Original Credit Agreement. On the Fourth Amendment Effective Date and after giving effect to such reallocation and adjustment of the Aggregate Commitment, (a) the Commitment and Applicable Percentage of each Lender, including each New Lender, shall be as set forth on Schedule 2.01 and each Lender, including each New Lender, shall own its Applicable Percentage of the outstanding LoansLoans and (b) the Departing Lender shall be deemed to have assigned its rights and obligations as a lender under the Original Credit Agreement to the Lenders party to this Agreement on the Effective Date. The reallocation and adjustment to the Commitments of each Lender, including each New Lender and the Departing Lender, as contemplated by this Section 11.19 11.17 shall be deemed to have been consummated pursuant to the terms of the Assignment and Assumption attached as Exhibit A hereto as if each of the Lenders, including each New Lender and the Departing Lender, had executed an Assignment and Assumption with respect to such reallocation and adjustment. The Borrower and the Administrative Agent hereby consent to such reallocation and adjustment of the Commitments and Commitments, each New Lender’s acquisition of an interest in the Aggregate CommitmentCommitment and the Departing Lender’s assignment of its rights, interests, liabilities and obligations under the Original Credit Agreement. The Administrative Agent hereby waives the $3,500 processing and recordation fee set forth in Section 11.04(b)(ii)(C) with respect to the assignments and reallocations of the Commitments contemplated by this Section 11.1911.17. To the extent requested by any Lender, and in accordance with Section 2.162.17, the Borrower shall pay to such Lender, within the time period prescribed by Section 2.162.17, any amounts required to be paid by the Borrower under Section 2.16 2.17 in the event the payment of any principal of any Eurodollar Loan or the conversion of any Eurodollar Loan other than on the last day of an Interest Period applicable thereto is required in connection with the reallocation contemplated by this Section 11.1911.17.
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