Common use of Removal of Defaulting Lender Clause in Contracts

Removal of Defaulting Lender. At the Borrower’s request, the Agent or an Eligible Assignee reasonably acceptable to the Agent and the Borrower shall have the right (but not the obligation) to purchase from any Defaulting Lender, and each Defaulting Lender shall, upon such request, sell and assign to the Agent or such Eligible Assignee, all of the Defaulting Lender’s outstanding Commitments hereunder. Such sale shall be consummated promptly after Agent has arranged for a purchase by Agent or an Eligible Assignee pursuant to an Assignment and Acceptance, and at a price equal to the outstanding principal balance of the Defaulting Lender’s Loans, plus accrued interest and fees, without premium or discount.

Appears in 7 contracts

Samples: Credit Agreement (Omnova Solutions Inc), Credit Agreement (Advanced Micro Devices Inc), Credit Agreement (Omnova Solutions Inc)

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Removal of Defaulting Lender. At the Borrower’s 's request, the Agent or an Eligible Assignee reasonably acceptable to the Agent and the Borrower shall have the right (but not the obligation) to purchase from any Defaulting Lender, and each Defaulting Lender shall, upon such request, sell and assign to the Agent or such Eligible Assignee, all of the Defaulting Lender’s 's outstanding Commitments hereunder. Such sale shall be consummated promptly after Agent has arranged for a purchase by Agent or an Eligible Assignee pursuant to an Assignment and Acceptance, and at a price equal to the outstanding principal balance of the Defaulting Lender’s 's Loans, plus accrued interest and fees, without premium or discount.

Appears in 5 contracts

Samples: Credit Agreement (Saks Inc), Credit Agreement (Anchor Holdings Inc), Credit Agreement (Gfsi Inc)

Removal of Defaulting Lender. At the Borrower’s Borrowers' request, the Agent or an Eligible Assignee reasonably acceptable to the Agent and the Borrower Borrowers shall have the right (but not the obligation) to purchase from any Defaulting Lender, and each Defaulting Lender shall, upon such request, sell and assign to the Agent or such Eligible Assignee, all of the Defaulting Lender’s 's outstanding Commitments hereunder. Such sale shall be consummated promptly after Agent has arranged for a purchase by Agent or an Eligible Assignee pursuant to an Assignment and Acceptance, and at a price equal to the outstanding principal balance of the Defaulting Lender’s 's Loans, plus accrued interest and fees, without premium or discount.

Appears in 4 contracts

Samples: Credit Agreement (Unova Inc), Credit Agreement (Unifi Inc), Credit Agreement (Andrx Corp /De/)

Removal of Defaulting Lender. At the Borrower’s Borrowers’ request, the Agent or an Eligible Assignee reasonably acceptable to the Agent and the Borrower Borrowers shall have the right (but not the obligation) to purchase from any Defaulting Lender, and each Defaulting Lender shall, upon such request, sell and assign to the Agent or such Eligible Assignee, all of the Defaulting Lender’s outstanding Commitments hereunder. Such sale shall be consummated promptly after Agent has arranged for a purchase by Agent or an Eligible Assignee pursuant to an Assignment and Acceptance, and at a price equal to the outstanding principal balance of the Defaulting Lender’s Loans, plus accrued interest and fees, without premium or discount.

Appears in 3 contracts

Samples: Credit Agreement (Omnova Solutions Inc), Credit Agreement (Unifi Inc), Credit Agreement (Unifi Inc)

Removal of Defaulting Lender. At the Borrower’s Borrower Representative's request, the Agent or an Eligible Assignee reasonably acceptable to the Agent and the Borrower Representative shall have the right (but not the obligation) to purchase from any Defaulting Lender, and each Defaulting Lender shall, upon such request, sell and assign to the Agent or such Eligible Assignee, all of the Defaulting Lender’s 's outstanding Commitments hereunder. Such sale shall be consummated promptly after the Agent has arranged for a purchase by the Agent or an Eligible Assignee pursuant to an Assignment and Acceptance, and at a price equal to the outstanding principal balance of the Defaulting Lender’s 's Loans, plus accrued and unpaid interest and fees, without premium or discount.

Appears in 2 contracts

Samples: Credit Agreement (Owens Corning), Loan and Security Agreement (W R Grace & Co)

Removal of Defaulting Lender. At the Borrower’s Borrowers’ request, the Agent or an Eligible Assignee reasonably acceptable to the Agent and the Borrower Borrowers’ Agent shall have the right (but not the obligation) to purchase from any Defaulting Lender, and each Defaulting Lender shall, upon such request, sell and assign to the Agent or such Eligible Assignee, all of the Defaulting Lender’s outstanding Commitments hereunder. Such sale shall be consummated promptly after the Agent has arranged for a purchase by the Agent or an Eligible Assignee pursuant to an Assignment and Acceptance, and at a price equal to the outstanding principal balance of the Defaulting Lender’s Loans, plus accrued interest and fees, without premium or discount.

Appears in 2 contracts

Samples: Credit Agreement (PSS World Medical Inc), Credit Agreement (PSS World Medical Inc)

Removal of Defaulting Lender. At the Borrower’s request, the Agent or an Eligible Assignee reasonably acceptable to the Agent and the Borrower shall have the right (but not the obligation) to purchase from any Defaulting Lender, and each Defaulting Lender shall, upon such request, sell and assign to the Agent or such Eligible Assignee, all of the Defaulting Lender’s outstanding Commitments hereunder. Such sale shall be consummated promptly after the Agent has arranged for a purchase by the Agent or an Eligible Assignee pursuant to an Assignment and Acceptance, and at a price equal to the outstanding principal balance of the Defaulting Lender’s Loans, plus accrued interest and fees, without premium or discount.

Appears in 2 contracts

Samples: Credit Agreement (Alon USA Energy, Inc.), Credit Agreement (Alon USA Energy, Inc.)

Removal of Defaulting Lender. At the Borrower’s Borrowers’ request, the Agent or an Eligible Assignee reasonably acceptable to the Agent and the Borrower Borrowers shall have the right (but not the obligation) to purchase from any Defaulting Lender, and each Defaulting Lender shall, upon such request, sell and assign to the Agent or such Eligible Assignee, all of the Defaulting Lender’s outstanding Commitments hereunder. Such sale shall be consummated promptly after Agent has arranged for a purchase by Agent or an Eligible Assignee pursuant to an Assignment and Acceptance, and at a price equal to the outstanding principal balance of the Defaulting Lender’s Loans, plus accrued interest and feesfees (except any fees in connection with such sale that would otherwise arise under Section 4.4 hereof, for which the Borrowers shall not be liable), without premium or discount.

Appears in 2 contracts

Samples: Term Loan Agreement (Salton Inc), Credit Agreement (Salton Inc)

Removal of Defaulting Lender. At the BorrowerBorrowers’ Agent’s request, the Agent or an Eligible Assignee reasonably acceptable to the Agent and the Borrower Borrowers’ Agent shall have the right (but not the obligation) to purchase from any Defaulting Lender, and each Defaulting Lender shall, upon such request, sell and assign to the Agent or such Eligible Assignee, all of the Defaulting Lender’s outstanding Commitments hereunder. Such sale shall be consummated promptly after the Agent has arranged for a purchase by the Agent or an Eligible Assignee pursuant to an Assignment and Acceptance, and at a price equal to the outstanding principal balance of the Defaulting Lender’s Loans, plus accrued interest and fees, without premium or discount.

Appears in 2 contracts

Samples: Credit Agreement (Caraustar Industries Inc), Credit Agreement (Caraustar Industries Inc)

Removal of Defaulting Lender. At the BorrowerBorrowers’ Agent’s request, the Collateral Agent or an Eligible Assignee reasonably acceptable to the Collateral Agent and the Borrower Borrowers shall have the right (but not the obligation) to purchase from any Defaulting Lender, and each Defaulting Lender shall, upon such request, sell and assign to the Collateral Agent or such Eligible Assignee, all of the Defaulting Lender’s outstanding Commitments hereunder. Such sale shall be consummated promptly after the Collateral Agent has arranged for a purchase by the Collateral Agent or an Eligible Assignee pursuant to an Assignment and Acceptance, and at a price equal to the outstanding principal balance of the Defaulting Lender’s Loans, plus accrued interest and fees, without premium or discount.

Appears in 1 contract

Samples: Credit Agreement (Miller Industries Inc /Tn/)

Removal of Defaulting Lender. At the Borrower’s 's request, the Agent or an Eligible Assignee reasonably acceptable to the Agent and the Borrower shall have the right (but not the obligation) to purchase from any Defaulting Lender, and each Defaulting Lender shall, upon such request, sell and assign to the Agent or such Eligible Assignee, all of the Defaulting Lender’s 's outstanding Commitments hereunder. Such sale shall be consummated promptly after the Agent has arranged for a purchase by the Agent or an Eligible Assignee pursuant to an Assignment and Acceptance, and at a price equal to the outstanding principal balance of the Defaulting Lender’s 's Revolving Loans, plus accrued interest and fees, without premium or discount.

Appears in 1 contract

Samples: Credit Agreement (Texas Petrochemical Holdings Inc)

Removal of Defaulting Lender. At the Borrower’s applicable Borrowers’ request, the Agent or an Eligible Assignee reasonably acceptable to the Agent and the Borrower applicable Borrowers shall have the right (but not the obligation) to purchase from any Defaulting Lender, and each Defaulting Lender shall, upon such request, sell and assign to the Agent or such Eligible Assignee, all of the Defaulting Lender’s outstanding Commitments hereunderinterests, rights and obligations under this Agreement and the Loan Documents. Such sale shall be consummated promptly after the Agent has arranged for a purchase by the Agent or an Eligible Assignee pursuant to an Assignment and Acceptance, and at a price equal to the outstanding aggregate principal balance of the Defaulting Lender’s Loans, plus accrued interest and feesfees owed to such Defaulting Lender, without premium or discount.

Appears in 1 contract

Samples: Credit Agreement (United Rentals Inc /De)

Removal of Defaulting Lender. At the Borrower’s Borrowers' request, the Agent or an Eligible Assignee reasonably acceptable to the Agent and the Borrower Borrowers shall have the right (but not the obligation) to purchase from any Defaulting Lender, and each Defaulting Lender shall, upon such request, sell and assign to the Agent or such Eligible Assignee, all of the Defaulting Lender’s 's outstanding Commitments hereunder. Such sale shall be consummated promptly after the Agent has arranged for a purchase by the Agent or an Eligible Assignee pursuant to an Assignment and Acceptance, and at a price equal to the outstanding principal balance of the Defaulting Lender’s 's Loans, plus accrued interest and fees, without premium or discount.. Section 12.16

Appears in 1 contract

Samples: Credit Agreement (Brown Shoe Co Inc/)

Removal of Defaulting Lender. At the Borrower’s 's request, the Agent or an Eligible Assignee reasonably acceptable to the Agent and the Borrower shall have the right (but not the obligation) to purchase from any Defaulting Lender, and each Defaulting Lender shall, upon such request, sell and assign to the Agent or such Eligible Assignee, all of the Defaulting Lender’s 's outstanding Commitments hereunder. Such sale shall be consummated promptly after Agent has arranged for a purchase by Agent or an Eligible Assignee pursuant to an Assignment and Acceptance, and at a price equal to the outstanding principal balance of the Defaulting Lender’s 's Loans, plus accrued interest and fees, without premium or discount, and shall be subject to the provisions of Section 11.2(g).

Appears in 1 contract

Samples: Credit Agreement (3com Corp)

Removal of Defaulting Lender. At the Borrower’s Palco's request, the Agent or an Eligible Assignee reasonably acceptable to the Agent and the Borrower Borrowers shall have the right (but not the obligation) to purchase from any Defaulting Lender, and each Defaulting Lender shall, upon such request, sell and assign to the Agent or such Eligible Assignee, all of the Defaulting Lender’s 's outstanding Commitments hereunder. Such sale shall be consummated promptly after Agent has arranged for a purchase by Agent or an Eligible Assignee pursuant to an Assignment and Acceptance, and at a price equal to the outstanding principal balance of the Defaulting Lender’s 's Loans, plus accrued interest and fees, without premium or discount.

Appears in 1 contract

Samples: Credit Agreement (Maxxam Inc)

Removal of Defaulting Lender. At the any Borrower’s 's request, the Agent or an Eligible Assignee reasonably acceptable to the Agent and the such Borrower shall have the right (but not the obligation) to purchase from any Defaulting Lender, and each Defaulting Lender shall, upon such request, sell and assign to the Agent or such Eligible Assignee, all of the Defaulting Lender’s 's outstanding Commitments hereunder. Such sale shall be consummated promptly after Agent has arranged for a purchase by Agent or an Eligible Assignee pursuant to an Assignment and Acceptance, and at a price equal to the outstanding principal balance of the Defaulting Lender’s 's Loans, plus accrued interest and fees, without premium or discount, and shall be subject to the provisions of Section 11.2(g).

Appears in 1 contract

Samples: Credit Agreement (3com Corp)

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Removal of Defaulting Lender. At the Borrower’s Borrowers' request, the Agent or an Eligible Assignee reasonably acceptable to the Agent and the Borrower Borrowers shall have the right (but not the obligation) to purchase from any Defaulting Lender, and each Defaulting Lender shall, upon such request, sell and assign to the Agent or such Eligible Assignee, all of the Defaulting Lender’s 's outstanding Commitments hereunder. Such sale shall be consummated promptly after the Agent has arranged for a purchase by the Agent or an Eligible Assignee pursuant to an Assignment and Acceptance, and at a price equal to the outstanding principal balance of the Defaulting Lender’s 's Revolving Loans, plus accrued interest and fees, without premium or discount.

Appears in 1 contract

Samples: Credit Agreement (Daisytek International Corporation /De/)

Removal of Defaulting Lender. At the Borrower’s Borrowers' ---------------------------- request, the Agent or an Eligible Assignee reasonably acceptable to the Agent and the Borrower Borrowers shall have the right (but not the obligation) to purchase from any Defaulting Lender, and each Defaulting Lender shall, upon such request, sell and assign to the Agent or such Eligible Assignee, all of the Defaulting Lender’s 's outstanding Commitments hereunder. Such sale shall be consummated promptly after Agent has arranged for a purchase by Agent or an Eligible Assignee pursuant to an Assignment and Acceptance, and at a price equal to the outstanding principal balance of the Defaulting Lender’s 's Loans, plus accrued interest and fees, without premium or discount.

Appears in 1 contract

Samples: Credit Agreement (Mail Well Inc)

Removal of Defaulting Lender. At the Borrower’s Borrowers' request, the Agent ---------------------------- or an Eligible Assignee reasonably acceptable to the Agent and the Borrower Borrowers shall have the right (but not the obligation) to purchase from any Defaulting Lender, and each Defaulting Lender shall, upon such request, sell and assign to the Agent or such Eligible Assignee, all of the Defaulting Lender’s 's outstanding Commitments hereunder. Such sale shall be consummated promptly after the Agent has arranged for a purchase by the Agent or an Eligible Assignee pursuant to an Assignment and Acceptance, and at a price equal to the outstanding principal balance of the Defaulting Lender’s 's Loans, plus accrued interest and fees, without ---- premium or discount.

Appears in 1 contract

Samples: Credit Agreement (Encore Medical Corp)

Removal of Defaulting Lender. At the Borrower’s Borrowers’ request, the Agent or an Eligible Assignee reasonably acceptable to the Agent and the Borrower Borrowers shall have the right (but not the obligation) to purchase from any Defaulting Lender, and each Defaulting Lender shall, upon such request, sell and assign to the Agent or such Eligible Assignee, all of the Defaulting Lender’s outstanding Commitments hereunder. Such sale shall be consummated promptly after the Agent has arranged for a purchase by the Agent or an Eligible Assignee pursuant to an Assignment and Acceptance, and at a price equal to the outstanding principal balance of the Defaulting Lender’s Revolving Loans, plus accrued interest and fees, without premium or discount.

Appears in 1 contract

Samples: Credit Agreement (Encore Medical Corp)

Removal of Defaulting Lender. At the Borrower’s Borrowers' request, the ---------------------------- Agent or an Eligible Assignee reasonably acceptable to the Agent and the Borrower Borrowers shall have the right (but not the obligation) to purchase from any Defaulting Lender, and each Defaulting Lender shall, upon such request, sell and assign to the Agent or such Eligible Assignee, all of the Defaulting Lender’s 's outstanding Commitments hereunder. Such sale shall be consummated promptly after Agent has arranged for a purchase by Agent or an Eligible Assignee pursuant to an Assignment and Acceptance, and at a price equal to the outstanding principal balance of the Defaulting Lender’s 's Loans, plus accrued interest and fees, without premium or discount.

Appears in 1 contract

Samples: Credit Agreement (Mail Well Inc)

Removal of Defaulting Lender. At the Borrower’s request, the Agent Agent, or an Eligible Assignee reasonably acceptable to the Agent and the Borrower Borrower, shall have the right (but not the obligation) to purchase from any Defaulting Lender, and each Defaulting Lender shall, upon such request, sell and assign to the Agent or such Eligible Assignee, all of the Defaulting Lender’s outstanding Commitments hereunder. Such sale shall be consummated promptly after Agent has arranged for a purchase by Agent or an Eligible Assignee pursuant to an Assignment and Acceptance, and at a price equal to the outstanding principal balance of the Defaulting Lender’s Loans, plus accrued interest and fees, without premium or discount.

Appears in 1 contract

Samples: Credit Agreement (Saks Inc)

Removal of Defaulting Lender. At the Borrower’s Borrowers' request, the Agent or an Eligible Assignee reasonably acceptable to the Agent and the Borrower Borrowers shall have the right (but not the obligation) to purchase from any Defaulting Lender, and each Defaulting Lender shall, upon such request, sell and assign to the Agent or such Eligible Assignee, all of the Defaulting Lender’s 's outstanding Commitments hereunder. Such sale shall be consummated promptly after the Agent has arranged for a purchase by the Agent or an Eligible Assignee pursuant to an Assignment and Acceptance, and at a price equal to the outstanding principal balance of the Defaulting Lender’s 's Loans, plus accrued interest and fees, without premium or discount.

Appears in 1 contract

Samples: Credit Agreement (Egl Inc)

Removal of Defaulting Lender. At the Borrower’s 's request, the ---------------------------- Agent or an Eligible Assignee reasonably acceptable to the Agent and the Borrower shall have the right (but not the obligation) to purchase from any Defaulting Lender, and each Defaulting Lender shall, upon such request, sell and assign to the Agent or such Eligible Assignee, all of the Defaulting Lender’s 's outstanding Commitments Commitment hereunder. Such sale shall be consummated promptly after Agent has arranged for a purchase by Agent or an Eligible Assignee pursuant to an Assignment and Acceptance, and at a price equal to the outstanding principal balance of the Defaulting Lender’s 's Loans, plus accrued interest and fees, without premium or discount.

Appears in 1 contract

Samples: Credit Agreement (Coorstek Inc)

Removal of Defaulting Lender. At the Borrower’s Funds Administrator's request, the Agent or an Eligible Assignee reasonably acceptable to the Agent and the Borrower Funds Administrator shall have the right (but not the obligation) to purchase from any Defaulting Lender, and each Defaulting Lender shall, upon such request, sell and assign to the Agent or such Eligible Assignee, all of the Defaulting Lender’s 's outstanding Commitments hereunder. Such sale shall be consummated promptly after Agent has arranged for a purchase by Agent or an Eligible Assignee pursuant to an Assignment and Acceptance, and at a price equal to the outstanding principal balance of the Defaulting Lender’s 's Loans, plus accrued interest and fees, without premium or discount.

Appears in 1 contract

Samples: Credit Agreement (Enpro Industries Inc)

Removal of Defaulting Lender. At the Borrower’s Borrowers' request, the Agent or an Eligible Assignee reasonably acceptable to the Agent and the Borrower Borrowers shall have the right (but not the obligation) to purchase from any Defaulting Lender, and each Defaulting Lender shall, upon such request, sell and assign to the Agent or such Eligible Assignee, all of the Defaulting Lender’s 's outstanding Commitments Commitment hereunder. Such sale shall be consummated promptly after Agent has arranged for a purchase by Agent or an Eligible Assignee pursuant to an Assignment and Acceptance, and at a price equal to the outstanding principal balance of the Defaulting Lender’s 's Loans, plus accrued interest and fees, without premium or discount.

Appears in 1 contract

Samples: Credit Agreement (North American Pipe Corp)

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