Common use of Removal of a Lender Clause in Contracts

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.

Appears in 2 contracts

Samples: Unsecured Credit Agreement (BioMed Realty L P), Unsecured Credit Agreement (BioMed Realty Trust Inc)

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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(j16.1(o) 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 Commitments Assignment and Acceptance covering that Lender’s Percentage of the Commitments in favor of such Eligible Assignee Qualified Institutional Lender as Borrower may designate with the approval of the Administrative Agent, subject to payment in full by such Eligible Assignee 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 18.24 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.

Appears in 1 contract

Samples: Secured Acquisition and Construction Loan Agreement (BioMed Realty Trust Inc)

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(j16.1(o) 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 Commitments 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 18.24 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.

Appears in 1 contract

Samples: Secured Acquisition and Construction Loan Agreement (BioMed Realty Trust Inc)

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(j9.1(k) 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 Commitments 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.

Appears in 1 contract

Samples: Secured Bridge Loan Agreement (BioMed Realty Trust Inc)

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 Commitments Assignment and Acceptance covering that Lender’s '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 's breach hereof.

Appears in 1 contract

Samples: Secured Term Loan Agreement (BioMed Realty Trust Inc)

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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 Commitments 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.

Appears in 1 contract

Samples: Secured Term Loan Agreement (BioMed Realty Trust Inc)

Removal of a Lender. Borrower shall have the right to remove a Lender as a party to this Agreement if in accordance with this Section (a) such Lender is paid a material amount by Borrower pursuant to Section 3.4 or Section under the circumstances set forth in Sections 3.5, (b3.6 and 3.10(d) or if any of the events described in participant permitted by Section 9.1(j11.8(e) occurs with respect to such Lender, or Lender makes a claim for payment under any of such Sections and (cb) if such Lender becomes (and at is the time subject of the proposed removal hereunder remains) a Defaulting Lender hereunderDisqualification provided that no Default or Event of Default then exists. Upon If Borrower is so entitled to remove a Lender pursuant to this Section, upon notice from Borrower, such the Lender being removed shall execute and deliver a Commitment Assignment and Acceptance covering that Lender’s Percentage 's Pro Rata Share of the Commitments Commitment in favor of such one or more Eligible Assignee as Assignees designated by Borrower may designate with the approval of (and acceptable to the Administrative Agent, which acceptance shall not be unreasonably delayed or withheld), subject to payment in full of a purchase price by such Eligible Assignee of equal to all principalprincipal and accrued interest, interest and fees and any other amount owing amounts payable to such Lender under this Agreement 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.

Appears in 1 contract

Samples: Term Loan Agreement (Aztar Corp)

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(j16.1(n) 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 Commitments Assignment and Acceptance covering that Lender’s Percentage of the Commitments in favor of such Eligible Assignee Purchaser as Borrower may designate with the approval of the Administrative Agent, subject to payment in full by such Eligible Assignee 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 18.21 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.

Appears in 1 contract

Samples: And Interim Loan Agreement (Glimcher Realty Trust)

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