Removal of Borrowers. Notwithstanding anything to the contrary in Section 9.01(a), so long as no Default or Event of Default has occurred and is then continuing, the Operating Partnership shall have the right to remove any Subsidiary of the Operating Partnership as a Borrower under the Facility that has no Advances to it outstanding at the time of such removal by providing written notice of such removal to the Administrative Agent. Any such notice given in accordance with this Section 9.19 shall be effective upon receipt by the Administrative Agent, which shall promptly give the Lenders notice of such removal. After the receipt of such written notice by the Administrative Agent, such Subsidiary shall cease to be a Borrower hereunder. Once removed pursuant to this Section 9.19, such Subsidiary shall have no right to borrow under the Facility unless the Operating Partnership provides notice as required pursuant to Section 5.01(p) of the request again to add such Subsidiary as an Additional Borrower hereunder and such Subsidiary complies with the conditions set forth in Section 5.01(p) to become an Additional Borrower hereunder.
Removal of Borrowers. (a) Any Borrower (other than Vodafone (subject to Clause 26.7(b) below) or, if applicable, NewTopco) which has no liabilities to the Finance Parties in respect of outstanding Advances or any other liabilities to the Finance Parties under the Finance Documents (other than as a Guarantor) may, at the request of Vodafone and if no Default is outstanding, cease to be a Borrower by entering into a supplemental agreement to this Agreement at the cost of Vodafone in such form as the Agent may reasonably require which shall discharge that Borrowers' obligations as a Borrower under this Agreement.
(b) If on the Reorganisation Date:
(i) NewTopco and any Intermediate Holding Company has acceded as a Guarantor in accordance with Clause 26.5 (Additional Guarantors);
(ii) Vodafone has no liabilities to the Finance Parties in respect of outstanding Advances or any other liabilities to the Finance Parties under the Finance Documents (other than as a Guarantor); and
(iii) no Default is continuing, Vodafone may cease to be a Borrower with effect from the Reorganisation Date by entering into a supplemental agreement to this Agreement at the cost of Vodafone or NewTopco in such form as the Agent may reasonably require which shall discharge Vodafone's obligations as a Borrower under this Agreement.
Removal of Borrowers. The Company may, from time to time, upon not less than five (5) Business Days’ notice to the Administrative Agent (or such shorter period as may be agreed by the Administrative Agent in its sole discretion), terminate any Borrower’s status as such, provided that there are no outstanding Advances or Loans payable by such Borrower, or other amounts payable by such Borrower on account of any Advances made to it, as of the effective date of such termination. The Administrative Agent will promptly notify the Banks of any such termination of a Borrower’s status.
Removal of Borrowers. Any Fund may, from time to time upon written notice to the Administrative Agent, elect to remove a Borrower which is a portfolio of such Fund as a Borrower hereunder, provided that at such time such removed Borrower has no Loans or other Obligations outstanding under this Agreement. Upon the effectiveness of such removal, such removed Borrower shall cease to be a Borrower for all purposes of this Agreement, except that all indemnification provisions of this Agreement shall survive as to such removed Borrower.
Removal of Borrowers. Any Borrower (other than the Company), in respect of which no Advance is outstanding hereunder (including any other amounts outstanding in relation thereto) in respect of the Facility may at the request of the Obligors' Agent cease to be a Borrower hereunder in respect of the Facility by entry into a supplemental agreement to this Agreement in such form as the Facility Agent and the Obligors' Agent shall reasonably require which shall discharge the Borrower's obligations hereunder.
Removal of Borrowers. FSA may, from time to time upon written notice to the Agent, remove any Borrower hereunder provided that at such time neither such Borrower or any of its Designees has any obligations outstanding under this Agreement.
Removal of Borrowers. FMCAG may request that any Borrower (other than FMCAG and FMCH) cease to be a Borrower by delivering to the Administrative Agent (which shall promptly deliver copies thereof to each Lender) a written notice to such effect. If such Borrower is a Primary Borrower, it shall cease to be a Borrower on the date the Administrative Agent receives such written notice. If such Borrower is a Designated Borrower, it shall cease to be a Borrower on the later to occur of (i) the date the Administrative Agent receives such written notice, and (ii) the date such Designated Borrower has paid all of its obligations (including payment of cash collateral in respect of any L/C Obligations outstanding for its benefit) and all accrued and unpaid interest, fees and other obligations hereunder or in connection herewith.
Removal of Borrowers. A Borrower may be released from its obligations under this Agreement (each such event, a “Removal”) (i) effective upon the consummation of a Disposition of the Equity Interests of such Borrower pursuant to a transaction permitted under Section 7.05(d) or (ii) upon at least two Business Days’ prior written notice from the Company requesting the removal of such Borrower, accompanied by an Officer’s Certificate certifying that on the effective date of such Removal (as set forth in such notice), such Borrower:
(a) does not own any Projects that are Unencumbered Eligible Projects;
(b) does not receive any fees under any Management Contracts;
(c) is contemporaneously released from its obligations under the Existing Credit Agreement; and
(d) is not a Wholly-Owned REIT Subsidiary. Upon the effectiveness of any Removal, each of the Lenders irrevocably authorizes the Administrative Agent to release such Borrower from its obligations under this Agreement and the other Loan Documents (and upon the request of the Administrative Agent will confirm in writing the Administrative Agent’s authority to release any Borrower that is the subject of a Removal), and this Agreement and each other Loan Document shall be deemed amended to delete the name of such Borrower. The Administrative Agent will, at the Loan Parties’ expense, execute and deliver such documents as the Company or such Borrower may reasonably request to evidence the release of such Borrower from its obligations hereunder and under the other Loan Documents. The Administrative Agent shall promptly notify the Lenders of any Removal hereunder.
Removal of Borrowers. Any Borrower may, from time to time upon written -------------------- notice to the Operations Agent, elect to remove itself as a Borrower hereunder, provided that at such time such removed Borrower has no Loans or other Obligations outstanding under this Agreement. Upon the effectiveness of such removal, such removed Borrower shall cease to be a Borrower for all purposes of this Agreement, except that all indemnification provisions of this Agreement shall survive as to such removed Borrower.
Removal of Borrowers. Any Borrower (other than the Company), in respect of which no Credit is outstanding hereunder (including any other amounts outstanding in relation thereto) in respect of the Facility may at the request of the Borrowers' Agent cease to be a Borrower hereunder in respect of the Facility by entry into a supplemental agreement to this Agreement in such form as the Facility Agent and the Borrowers' Agent shall reasonably require which shall discharge the Borrower's obligations hereunder.
