Common use of Removal of Defaulting Lender Clause in Contracts

Removal of Defaulting Lender. At the Borrowers’ request, the Agent or an Eligible Assignee reasonably acceptable to the 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 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 an aggregate price equal to the outstanding principal balance of the Defaulting Lender’s and its related Revolving Loans, plus accrued interest and fees, without premium or discount, and plus all other amounts owing to such Defaulting Lender hereunder. In the event that a Defaulting Lender refuses or otherwise fails to execute an acceptable Assignment and Acceptance within two (2) Business Days of a request to do so, it shall be deemed to have executed the applicable Assignment and Acceptance by mere insertion of its name as “Assignor”.

Appears in 1 contract

Samples: Credit Agreement (Mercer International Inc.)

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Removal of Defaulting Lender. At the Borrowers’ request, the Agent or an Eligible Assignee reasonably acceptable to the 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, (i) sell and assign to the Agent (in its individual capacity as a Lender) or such Eligible AssigneeAssignee (with the Agent’s approval), all of the Defaulting Lender’s outstanding Loans and other Obligations for an amount equal to the principal balances thereof and all accrued and unpaid interest and fees and other amounts due and owing by the Borrowers with respect thereto through the date of sale, without premium or discount, and (ii) assign to the Agent (in its individual capacity as a Lender) or such Eligible Assignee (with the Agent’s approval) such Defaulting Lender’s Commitments hereunderfor no additional consideration. 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 an aggregate price equal to the outstanding principal balance of the Defaulting Lender’s and its related Revolving Loans, plus accrued interest and fees, without premium or discount, and plus all other amounts owing to such Defaulting Lender hereunder. In the event that a Defaulting Lender refuses or otherwise fails to execute an acceptable Assignment and Acceptance within two (2) Business Days of a request to do so, it shall be deemed to have executed the applicable Assignment and Acceptance by mere insertion of its name as “Assignor”.AMENDED AND RESTATED CREDIT AGREEMENT

Appears in 1 contract

Samples: Credit Agreement (Imperial Sugar Co /New/)

Removal of Defaulting Lender. At the Borrowers' request, the Agent or an Eligible Assignee reasonably acceptable to the 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, (i) sell and assign to the Agent (in its individual capacity as a Lender) or such Eligible AssigneeAssignee (with the Agent's approval), all of the Defaulting Lender’s 's outstanding Loans and other Obligations for an amount equal to the principal balances thereof and all accrued and unpaid interest and fees and other amounts due and owing by the Borrowers with respect thereto through the date of sale, without premium or discount, and (ii) assign to the Agent (in its individual capacity as a Lender) or such Eligible Assignee (with the Agent's approval) such Defaulting Lender's Commitments hereunderfor no additional consideration. 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 an aggregate price equal to the outstanding principal balance of the Defaulting Lender’s and its related Revolving Loans, plus accrued interest and fees, without premium or discount, and plus all other amounts owing to such Defaulting Lender hereunder. In the event that a Defaulting Lender refuses or otherwise fails to execute an acceptable Assignment and Acceptance within two (2) Business Days of a request to do so, it shall be deemed to have executed the applicable Assignment and Acceptance by mere insertion of its name as “Assignor”.

Appears in 1 contract

Samples: Credit Agreement (Imperial Sugar Co /New/)

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Removal of Defaulting Lender. At the Borrowers’ Borrower’s or Agent’s request, the Agent or an Eligible Assignee reasonably acceptable to the Agent and the Borrowers 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 an aggregate price equal to the outstanding principal balance of the Defaulting Lender’s and its related Revolving Loans, plus accrued interest and fees, without premium or discount, and plus all other amounts owing to such Defaulting Lender hereunder. In the event that a Defaulting Lender refuses or otherwise fails to execute an acceptable Assignment and Acceptance within two (2) Business Days of a request to do so, it shall be deemed to have executed the applicable Assignment and Acceptance by mere insertion of its name as “Assignor”.

Appears in 1 contract

Samples: Credit Agreement (Johnstone Tank Trucking Ltd.)

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