Removal of a Lender. Borrower shall have the right to remove a Lender as a party to this Agreement pursuant to this Section in the event that such Lender (a) refuses to consent to an extension of the Maturity Date requested by Borrower in accordance with Section 2.9 which has been consented to by Lenders holding Pro Rata Share equal to or greater than 80% of the Commitment, or (b) requests compensation under Section 3.7 or Section 3.8 which has not been requested by other Lenders, by written notice to the Administrative Agent and such Lender within 60 days following any such refusal or request, provided that no Default or Event of Default then exists. If Borrower is entitled to remove a Lender pursuant to this Section either:
(a) The Lender being removed shall within five Business Days after such notice execute and deliver an Assignment Agreement covering that Lender's Pro Rata Share in favor of one or more Eligible Assignees designated by Borrower and reasonably acceptable to the Administrative Agent, subject to payment of a purchase price by such Eligible Assignee equal to all principal and accrued interest, fees and other amounts payable to such Lender under this Agreement through the date of the Assignment Agreement; or
(b) Borrower may reduce the Commitment pursuant to Section 2.6 (and, for this purpose, the numerical requirements of such Section shall not apply) by an amount equal to that Lender's Pro Rata Share, pay and provide to such Lender the amount required by clause (a) above and release such Lender from its Pro Rata Share, in which case the percentage Pro Rata Shares of the remaining Lenders shall be ratably increased (but without any increase in the Dollar amount of the Pro Rata Shares of such Lenders).
Removal of a Lender. Borrower shall have the right to remove a Lender as a party to this Agreement if (a) such Lender is paid a material amount by Borrower pursuant to Section 3.4 or Section 3.5, (b) any of the events described in Section 9.1(j) occurs with respect to such Lender, or (c) such Lender becomes (and at the time of the proposed removal hereunder remains) a Defaulting Lender hereunder. Upon notice from Borrower, such Lender shall execute and deliver a Commitment Assignment and Acceptance covering that Lender’s Percentage of the Commitments in favor of such Eligible Assignee as Borrower may designate with the approval of the Administrative Agent, subject to payment in full by such Eligible Assignee of all principal, interest and fees and any other amount owing to such Lender through the date of assignment. The removal of any Defaulting Lender pursuant to this Section 11.24 shall not preclude Borrower from pursuing all remedies available to it against such Defaulting Lender for damages arising out of such Defaulting Lender’s breach hereof.
Removal of a Lender. Borrower and the Co-Borrowers shall have the right to remove a Lender as a party to this Agreement in accordance with this Section (a) under the circumstances set forth in Sections 3.6, 3.7(g) and 3.11(d), (b) if such Lender is the subject of a Disqualification and (c) if such Lender is a Defaulting Lender. If Borrower and the Co-Borrowers are entitled to remove a Lender pursuant to this Section either:
Removal of a Lender. On the day the notice referred to in Clause 8.4 (Notice of Removal of a Lender) expires each Borrower at whose request a Letter of Credit has been issued shall procure that such Lender’s Proportion of each relevant Letter of Credit be reduced to zero (by reduction of the amount of such Letter of Credit in an amount equal to such Lender’s Proportion).
Removal of a Lender. Borrower shall have the right to remove a Lender as a party to this Agreement in accordance with this Section under the circumstances set forth in Sections 3.7 and 3.8(b). If Borrower is entitled to remove a Lender pursuant to this Section, upon notice from Borrower, the Lender being removed shall execute and deliver an Assignment Agreement (but shall not be obligated to pay any assignment fee) covering that Lender's Commitment in favor of one or more Eligible Assignees designated by Borrower (and acceptable to the Administrative Agent) subject to payment of a purchase price by such Eligible Assignee equal to all principal and accrued interest, fees and other amounts payable to such Lender under this Agreement through the date of assignment. [THIS SPACE INTENTIONALLY LEFT BLANK - SIGNATURE PAGES TO FOLLOW]
Removal of a Lender. On the day the notice referred to in Clause 13.6 (Notice of Removal of a Lender) expires, the Borrower shall repay such Xxxxxx's portion of the Advances and any other applicable interest or cost, if any, due to such Lender.
Removal of a Lender. In the event that any Lender shall give ------------------ notice to the Borrower that such Lender is entitled to receive payments under Sections 2.10, 2.12 or 2.14 or that such Lender has been suspended from making or maintaining Eurodollar Rate Loans under Section 2.11, the Borrower may, so long as (i) the circumstances which entitle such Lender to receive such payments or cause such Lender to be so suspended are still in effect and (ii) the Borrower has obtained a commitment from another Lender or a Person eligible as an assignee under Section 10.7 to purchase at par such Lender's Loans and Commitments and to assume all obligations of the Lender to be replaced, upon 30 days prior written notice to such Lender and the Agents, require such Lender giving such notice to assign all of its Loans and Commitments to such other Lender or eligible assignee pursuant to the provisions of Section 10.7; provided -------- that, prior to or concurrently with such replacement (i) the Borrower has paid to such Lender giving such notice all amounts due under subsections 2.10, 2.12 or 2.14 through such date of replacement, (ii) the Borrower or the applicable assignee has paid to the Administrative Agent the processing and recordation fee required to be paid by Section 10.7 and (iii) all of the requirements for such assignment contained in Section 10.7, including, without limitation, the consent of the Agents (if required) and the receipt by the Agents of an executed Assignment and Acceptance and other supporting documents, have been fulfilled.
Removal of a Lender. The Borrower shall have the right to remove a Lender as a party to this Agreement in accordance with this Section if such Lender is the subject of a Lender Disqualification. If the Borrower is so entitled to remove a Lender pursuant to this Section either:
Removal of a Lender. In the event that any Lender (a) gives notice under SECTION 3.2(a) or 3.2(b) of its inability to make or maintain LIBOR Loans as a result of any condition described in such Sections which is not generally applicable to all Lenders, and such inability continues for thirty (30) Business Days or more, or (b) demands payment under SECTION 3.3 or 3.6 of any material amount, then the Borrower may, within forty-five (45) days of such notice or demand, remove such Lender as a party to this Agreement by either:
(a) requiring such Lender to execute and deliver an Assignment and Acceptance, with respect to its entire Commitment to a willing Eligible Assignee designated by the Borrower and acceptable to the Agent, in which event all provisions of SECTION
Removal of a Lender. The Company shall have the right to remove a Lender as a party to this Agreement in accordance with this Section 11.18, (a) under the circumstances set forth in Sections 4.01 or 4.03 and (b) if such Lender is the subject of a Disqualification. If the Company is entitled to remove a Lender pursuant to this Section either:
