Removal of Defaulting Lender. At the Borrower’s request, the Administrative Agent or an Eligible Assignee reasonably acceptable to the Administrative 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 Administrative Agent or such Eligible Assignee, all of the Defaulting Lender’s outstanding Commitments and Loans hereunder. Such sale shall be consummated promptly after the Administrative Agent has arranged for a purchase by the Administrative Agent or an Eligible Assignee pursuant to an Assignment and Acceptance Agreement, and at a price equal to the outstanding principal balance of the Defaulting Lender’s Loans, plus accrued interest, without premium or discount.
Appears in 3 contracts
Samples: Credit Agreement (Macerich Co), Credit Agreement (Macerich Co), Credit Agreement (Macerich Co)
Removal of Defaulting Lender. At the Borrower’s request, the Administrative Agent or an Eligible Assignee reasonably acceptable to the Administrative 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 Administrative Agent or such Eligible Assignee, all of the Defaulting Lender’s outstanding Commitments and Loans hereunder. Such sale shall be consummated promptly after the Administrative Agent has arranged for a purchase by the Administrative Agent or an Eligible Assignee pursuant to an Assignment and Acceptance AgreementAcceptance, and at a price equal to the outstanding principal balance of the Defaulting Lender’s Loans, plus accrued interestinterest (to the extent not subordinated pursuant to Section 1.5(3) above), without premium or discount.
Appears in 3 contracts
Samples: Revolving Loan Facility Credit Agreement (Macerich Co), Revolving Loan Facility Credit Agreement (Macerich Co), Revolving Loan Facility Credit Agreement (Macerich Co)
Removal of Defaulting Lender. At the BorrowerUS Borrower Representative’s request, the Administrative Agent or an Eligible Assignee reasonably acceptable to the Administrative 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 Administrative Agent or such Eligible Assignee, all of the Defaulting Lender’s outstanding US Commitments and Loans hereunder. Such sale shall be consummated promptly after the Administrative Agent has arranged for a purchase by the Administrative Agent or an Eligible Assignee pursuant to an Assignment and Acceptance AgreementAcceptance, and at a price equal to the outstanding principal balance of the Defaulting Lender’s US Revolving Loans, plus accrued interestinterest and fees, without premium or discount.
Appears in 2 contracts
Samples: Credit Agreement (Mobile Storage Group Inc), Credit Agreement (Mobile Storage Group Inc)
Removal of Defaulting Lender. At the Borrower’s request, the Administrative Agent or an Eligible Assignee reasonably acceptable to the Administrative 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 Administrative Agent or such Eligible Assignee, all of the Defaulting Lender’s outstanding Commitments and Loans hereunder. Such sale shall be consummated promptly after the Administrative Agent has arranged for a purchase by the Administrative Agent or an Eligible Assignee pursuant to an Assignment and Acceptance AgreementAcceptance, and at a price equal to the outstanding principal balance of the Defaulting Lender’s Loans, plus accrued interest, without premium or discount.
Appears in 2 contracts
Samples: Credit Agreement (Macerich Co), Joinder Agreement (Macerich Co)
Removal of Defaulting Lender. At the Borrower’s Borrowers’ request, the Administrative Agent or an Eligible Assignee reasonably acceptable to the Administrative Agent and the 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 Administrative Agent or such Eligible Assignee, all of the Defaulting Lender’s outstanding Commitments and Loans hereunder. Such sale shall be consummated promptly after the Administrative Agent has arranged for a purchase by the Administrative Agent or an Eligible Assignee pursuant to an Assignment and Acceptance AgreementAcceptance, and at a price equal to the outstanding principal balance of the Defaulting Lender’s Loans, plus accrued interestinterest and fees, without premium or discount.
Appears in 1 contract
Samples: Credit Agreement (Kforce Inc)
Removal of Defaulting Lender. At the Borrower’s Borrowers' request, the Administrative Agent or an Eligible Assignee reasonably acceptable to the Administrative Agent and the 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 Administrative Agent or such Eligible Assignee, all of the Defaulting Lender’s 's outstanding Commitments and Loans hereunder. Such sale shall be consummated promptly after the Administrative Agent has arranged for a purchase by the Administrative Agent or an Eligible Assignee pursuant to an Assignment and Acceptance AgreementAcceptance, and at a price equal to the outstanding principal balance of the Defaulting Lender’s 's Loans, plus accrued interestinterest and fees, without premium or discount.
Appears in 1 contract
Removal of Defaulting Lender. At the Borrower’s Borrowers’ request, the Administrative Agent or an Eligible Assignee reasonably acceptable to the Administrative Agent and the 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 Administrative Agent or such Eligible Assignee, all of the Defaulting Lender’s outstanding Commitments and Loans hereunder. Such sale shall be consummated promptly after the Administrative Agent has arranged for a purchase by the Administrative Agent or an Eligible Assignee pursuant to an Assignment and Acceptance AgreementAcceptance, and at a price equal to the outstanding principal balance of the Defaulting Lender’s Revolving Loans, plus accrued interestinterest and fees, without premium or discount.
Appears in 1 contract
Samples: Revolving Credit Agreement (Foamex International Inc)
Removal of Defaulting Lender. At the Borrower’s Borrowers' request, the Administrative Agent or an Eligible Assignee reasonably acceptable to the Administrative Agent and the 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 Administrative Agent or such Eligible Assignee, all of the Defaulting Lender’s 's outstanding Commitments and Loans hereunder. Such sale shall be consummated promptly after the Administrative Agent has arranged for a purchase by the Administrative Agent or an Eligible Assignee pursuant to an Assignment and Acceptance AgreementAcceptance, and at a price equal to the outstanding principal balance of the Defaulting Lender’s 's Loans, plus accrued interestinterest and fees, without premium or discount.
Appears in 1 contract
Samples: Post Petition Credit Agreement (Westpoint Stevens Inc)
Removal of Defaulting Lender. At the Borrower’s 's request, the Administrative Agent or an Eligible eligible Assignee reasonably acceptable to the Administrative Agent and the Borrower shall have the right (but not the obligationObligation) to purchase from any Defaulting Lender, and each Defaulting Lender shall, upon such request, sell and assign to the Administrative Agent or such Eligible Assignee, all of the Defaulting Lender’s 's outstanding Commitments and Loans hereunder. Such sale shall be consummated promptly after the Administrative Agent has arranged for a purchase by the Administrative Agent or an Eligible Assignee pursuant to an Assignment and Acceptance AgreementAcceptance, and at a price equal to the outstanding principal balance of the Defaulting Lender’s 's Loans, plus accrued interestinterest and fees, without premium or discount.
Appears in 1 contract
Samples: Credit Agreement (Kforce Com Inc)
Removal of Defaulting Lender. At the Borrower’s Borrowers’ request, the Administrative Agent or an Eligible Assignee reasonably acceptable to the Administrative Agent and the 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 Administrative Agent or such Eligible Assignee, all of the Defaulting Lender’s outstanding Commitments and Loans hereunder. Such sale shall be consummated promptly after the Administrative Agent has arranged for a purchase by the Administrative Agent or an Eligible Assignee pursuant to an Assignment and Acceptance AgreementAcceptance, and at a price equal to the outstanding principal balance of the Defaulting Lender’s Loans, plus accrued interestinterest and fees, without premium or discount.
Appears in 1 contract
Samples: Credit Agreement (Kforce Inc)
Removal of Defaulting Lender. At the Administrative Borrower’s request, the Administrative Agent Agent, or an Eligible Assignee reasonably acceptable to the Administrative Agent and the 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 Administrative Agent or such Eligible Assignee, all of the Defaulting Lender’s outstanding Loans and Commitments and Loans hereunder. Such sale shall be consummated promptly after the Administrative Agent has arranged for a purchase by the Administrative Agent or an Eligible Assignee pursuant to an Assignment and Acceptance AgreementAcceptance, and at a price equal to the outstanding principal balance of the Defaulting Lender’s Loans, plus accrued interestinterest and fees, without premium or discount.
Appears in 1 contract
Samples: Credit Agreement (Saks Inc)
Removal of Defaulting Lender. At the Borrower’s 's request, the Administrative Agent or an Eligible Assignee reasonably acceptable to the Administrative 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 Administrative Agent or such Eligible Assignee, all of the Defaulting Lender’s 's outstanding Commitments and Loans hereunder. Such sale shall be consummated promptly after the Administrative Agent has arranged for a purchase by the Administrative Agent or an Eligible Assignee pursuant to an Assignment and Acceptance AgreementAcceptance, and at a price equal to the outstanding principal balance of the Defaulting Lender’s 's Loans, plus accrued interestinterest and fees, without premium or discount.
Appears in 1 contract
Samples: Credit Agreement (Kforce Com Inc)
Removal of Defaulting Lender. At the Borrower’s Borrowers' request, the Administrative Agent or an Eligible Assignee reasonably acceptable to the Administrative Agent and the 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 Administrative Agent or such Eligible Assignee, all of the Defaulting Lender’s 's outstanding Commitments and Loans hereunder. Such sale shall be consummated promptly after the Administrative Agent has arranged for a purchase by the Administrative Agent or an Eligible Assignee pursuant to an Assignment and Acceptance AgreementAcceptance, and at a price equal to the outstanding principal balance of the Defaulting Lender’s 's Revolving Loans, plus accrued interestinterest and fees, without premium or discount.
Appears in 1 contract
Samples: Credit Agreement (Txi Cement Co)
Removal of Defaulting Lender. At the Borrower’s Borrowers' request, the Administrative Agent or an Eligible Assignee reasonably acceptable to the Administrative Agent and the 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 Administrative Agent or such Eligible Assignee, all of the Defaulting Lender’s 's outstanding Commitments and Loans hereunder. Such sale shall be consummated promptly after the Administrative Agent has arranged for a purchase by the Administrative Agent or an Eligible Assignee pursuant to an Assignment and Acceptance AgreementAcceptance, and at a price equal to the outstanding principal balance of the Defaulting Lender’s 's Revolving Loans, plus accrued interestinterest and fees, without premium or discount.
Appears in 1 contract
Samples: Debt Agreement (Foamex L P)
Removal of Defaulting Lender. At the Borrower’s Borrowers' request, the Administrative Agent or an Eligible Assignee reasonably acceptable to the Administrative Agent and the 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 Administrative Agent or such Eligible Assignee, all of the Defaulting Lender’s 's outstanding Commitments and Loans hereunder. Such sale shall be consummated promptly after the Administrative Agent has arranged for a purchase by the Administrative Agent or an Eligible Assignee pursuant to an Assignment and Acceptance AgreementAcceptance, and at a price equal to the outstanding principal balance of the Defaulting Lender’s 's Revolving Loans and Term Loans, plus accrued interestinterest and fees, without premium or discount.
Appears in 1 contract
Removal of Defaulting Lender. At the Borrower’s Borrowers’ request, the Administrative Agent or an Eligible Assignee reasonably acceptable to the Administrative Agent and the 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 Administrative Agent or such Eligible Assignee, all of the Defaulting Lender’s outstanding Revolving Credit Commitments and Revolving Loans hereunder. Such sale shall be consummated promptly after the Administrative Agent has arranged for a purchase by the Administrative Agent or an Eligible Assignee pursuant to an Assignment and Acceptance AgreementAcceptance, and at a price equal to the outstanding principal balance of the Defaulting Lender’s Revolving Loans, plus accrued interestinterest and fees, without premium or discount.
Appears in 1 contract