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 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 3.7, 3.8(g) and 3.12(d) and (b) if such Lender is the subject of a Disqualification. If Borrower and the Co-Borrowers are entitled to remove a Lender pursuant to this Section either:
Removal of a Lender. Parent and the Borrowers shall have the right to remove a Lender as a party to this Agreement pursuant to this Section 11.14 in the event that such Lender:
Removal of a Lender. Parent and the Borrowers 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 Parent and the Borrowers in accordance with Section 2.12 which has been consented to by Lenders holding Pro Rata Share equal to or greater than 66 2/3% of the Commitment, or (b) requests compensation under Section 3.7 or Section 3.8 which has not been requested by all other Lenders, in each case by written notice to the Administrative Agent and such Lender within 60 days following any such refusal or request or (c) refuses to consent to certain proposed changes, waivers, modifications, supplements, terminations, waivers or consents with respect to this Agreement which have been approved by the Required Lenders as provided in Section 11.2, provided that no Default or Event of Default then exists, or (d) is the subject of a Disqualification. If Parent and the Borrowers are entitled to remove a Lender pursuant to this Section either:
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:
Removal of a Lender. If the Company elects to remove any Lender as a party to this Agreement under Section 3.01(k) by reason of such Lender making a claim for compensation under Section 3.01, such Lender shall, upon notice from the Company, execute and deliver an Assignment and Acceptance covering that Lender's Commitments in favor of an Eligible Assignee as the Company may designate which is acceptable to the Administrative Agent, subject to (a) payment in full of all principal, interest, fees and other amounts owing to such Lender through the date of such assignment (including any amounts payable pursuant to Article III) and (b) if such departing Lender has issued a Letter of Credit, delivery by such Eligible Assignee of such appropriate assurances and indemnities (which may include letters of credit) as such departing Lender may reasonably require with respect to any such Letter of Credit, until any such Letter of Credit is terminated or cancelled, and the Company shall use best efforts to promptly terminate or cancel any such Letters of Credit. Alternatively, the Company may reduce the Commitments by an amount equal to that Lender's Commitments, pay and provide to such Lender the amounts, assurances and indemnities described above and release such Lender from its Commitments. In order to make all Lender's interests in any Outstanding Obligations under any Tranche ratable in accordance with any revised Pro Rata Shares of such Tranche after giving effect to the removal of any Lender, the Company shall pay or prepay, if necessary, on the effective date of such removal, the outstanding Loans of such removed Lender and pay, to the extent applicable, any amounts due under Section 3.04. If the removed Lender has been replaced, the Company may then continue or convert such Loans with such new Lender.
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. 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. 93 12.24 WAIVER OF RIGHT TO TRIAL BY JURY..............................................................93 12.25
