Replacement of a Lender. In addition to the foregoing, if (i) the obligation of any Bank (but not all Banks) to make or maintain Euro-Dollar Rate Loans has been suspended pursuant to Section 8.2 or (ii) any Bank (but not all Banks) has demanded compensation under Section 8.3, then, in either such case, the Borrower shall have the right, at its option, upon giving at least five (5) Euro-Dollar Business Days' prior notice to such Bank through the Agent, either: (i) notwithstanding any term of Section 2.7.3 to the contrary, to reduce the Commitment of such Bank to zero, in which case the Borrower shall reduce, by repayment or prepayment, as the case may be, its Borrowings from such Bank to zero effective upon such Commitment reduction becoming effective, and the Commitment of each remaining Bank shall remained unchanged; or (ii) to obtain one or more Banks or Assignees willing to replace such Bank, in which case the Bank which is being replaced shall execute and deliver to such Bank or Assignee an Assignment and Acceptance in accordance with Section 9.8.3 with respect to such Bank's entire interest under this Agreement and the Notes.
Appears in 2 contracts
Samples: Credit Agreement (Apple South Inc), Credit Agreement (Apple South Inc)
Replacement of a Lender. In addition to the foregoing, if (i) the obligation of any Bank (but not all Banks) to make or maintain Euro-Dollar Rate Loans has been suspended pursuant to Section 8.2 or (ii) any Bank (but not all Banks) has demanded compensation under Section 8.3, then, in either such case, the Borrower shall have the right, at its option, upon giving at least five (5) Euro-Dollar Business Days' prior notice to such Bank through the Administrative Agent, either: (i) notwithstanding any term of Section 2.7.3 2.7.2 to the contrary, to reduce the Commitment of such Bank to zero, in which case the Borrower shall reduce, by repayment or prepayment, as the case may be, its Borrowings from such Bank to zero effective upon such Commitment reduction becoming effective, and the Commitment of each remaining Bank shall remained unchanged; or (ii) to obtain one or more Banks or Assignees willing to replace such Bank, in which case the Bank which is being replaced shall execute and deliver to such Bank or Assignee an Assignment and Acceptance in accordance with Section 9.8.3 with respect to such Bank's entire interest under this Agreement and the Notes.
Appears in 2 contracts
Samples: Credit Agreement (Avado Brands Inc), Credit Agreement (Avado Brands Inc)
Replacement of a Lender. In addition to the foregoing, if (i) the obligation of any Bank (but not all Banks) to make available or maintain Euro-Dollar Rate Loans Loan Tranches has been suspended pursuant to Section 8.2 or (ii) any Bank (but not all Banks) has demanded compensation under Section 8.3, then, in either such case, the Borrower shall have the right, at its option, upon giving at least five (5) Euro-Euro- Dollar Business Days' prior notice to such Bank through the Agent, either: (i) notwithstanding any term of Section 2.7.3 to the contrary, to reduce the Commitment of such Bank to zero, in which case the Borrower shall reduce, by repayment or prepayment, as the case may be, its Borrowings from such Bank to zero effective upon such Commitment reduction becoming effective, and the Commitment of each remaining Bank shall remained unchanged; or (ii) to obtain one or more Banks or Assignees willing to replace such Bank, in which case the Bank which is being replaced shall execute and deliver to such Bank or Assignee an Assignment and Acceptance in accordance with Section 9.8.3 with respect to such Bank's entire interest under this Agreement and the Notes.
Appears in 1 contract
Samples: Credit Agreement (Apple South Inc)