Replacement of a Lender. The replacement of a Lender pursuant to Clause 9.12 (Right of replacement of a single Lender or Issuing Bank) or Clause 9.14 (Replacement of a Non-Consenting Lender or Non-Funding Lender) shall be subject to the following conditions: (a) no Finance Party shall have any obligation to find a replacement Lender; (b) any replacement of a Non-Consenting Lender must take place no later than 180 days after the earlier of (A) the date the Non-Consenting Lender notified the Agent of its refusal to agree to the relevant consent, waiver or amendment and (B) the deadline (being not less than 30 days after the Lender received the request for the relevant consent, waiver or amendment) by which the Non-Consenting Lender failed to reply to that request. (c) any Lender replaced pursuant to Clause 9.12 (Right of replacement of a single Lender or Issuing Bank) or Clause 9.12 (Replacement of a Non-Consenting Lender or Non-Funding Lender) shall not be required to refund, or to pay or surrender to any other Lender, any of the fees or other amounts received by that Lender under any Finance Document; and (d) any replacement pursuant to Clause 9.12 (Right of replacement of a single Lender or Issuing Bank) or Clause 9.13 (Replacement of a Non-Consenting Lender or Non-Funding Lender) of a Lender which is the Agent shall not affect its role as the Agent.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Cascal N.V.), Amendment and Restatement Agreement (Cascal N.V.)
Replacement of a Lender. (a) The replacement of a Lender pursuant to Clause 9.12 7.12 (Right of replacement of a single Lender or Issuing BankLender) or Clause 9.14 7.13 (Replacement of a Non-Consenting Lender or Non-Funding Lender) shall be subject to the following conditions:
(ai) no Finance Party shall have any obligation to find a replacement Lender;
(bii) any replacement of a Non-Consenting Lender must take place no later than 180 60 days after the earlier of (A) the date the Non-Consenting Lender notified the Agent of its refusal to agree to the relevant consent, waiver or amendment and (B) the deadline (being not less than 30 days 15 Business Days after the Lender received the request for the relevant consent, waiver or amendment) by which the Non-Consenting Lender failed to reply to that request.;
(ciii) any Lender replaced pursuant to Clause 9.12 7.12 (Right of replacement of a single Lender or Issuing BankLender) or Clause 9.12 7.13 (Replacement of a Non-Consenting Lender or Non-Funding Lender) shall not be required to refund, or to pay or surrender to any other Lender, any of the fees or other amounts received by that Lender under any Finance Document; and
(div) any replacement pursuant to Clause 9.12 7.12 (Right of replacement of a single Lender or Issuing BankLender) or Clause 9.13 7.13 (Replacement of a Non-Consenting Lender or Non-Funding Lender) of a Lender which is the Agent shall not affect its role as the Agent.
(b) The Borrower's right to replace a Non-Funding Lender is in addition to all other rights and remedies available to the Borrower against the Non-Funding Lender.
Appears in 1 contract
Samples: Facility Agreement (Solutia Inc)
Replacement of a Lender. (a) The replacement of a Lender pursuant to this Clause 9.12 (Right of replacement of a single Lender or Issuing Bank) 7.11 or Clause 9.14 7.10 (Replacement of a Non-Consenting Lender or Non-Funding Lender) shall be subject to the following conditions:
(ai) no Finance Party shall have any obligation to find a replacement Lender;
(bii) any replacement of a Non-Consenting Lender must take place no later than 180 60 days after the earlier of (A) the date of the Non-Consenting Lender notified the Agent of its refusal to agree to the relevant consent, consent waiver or amendment and (B) the deadline (being not less than 30 days 15 Business Days after the Lender received the request for the relevant consent, waiver or amendment) by which the Non-Consenting Lender failed to reply to that request.;
(ciii) any replacement of a Non-Funding Lender must take place no later than 60 days of it failing to make or participate in a Loan or giving notice under paragraph (a)(ii)(B) of Clause 7.10 (Replacement of a Non-Consenting Lender or Non-Funding Lender);
(iv) any Lender replaced pursuant to this Clause 9.12 (Right of replacement of a single Lender or Issuing Bank) 7.11 or Clause 9.12 7.10 (Replacement of a Non-Consenting Lender or Non-Funding Lender) shall not be required to refund, or to pay or to surrender to any other Lender, any of the fees or other amounts received by that Lender under any Finance Document; and
(dv) any replacement pursuant to this Clause 9.12 (Right of replacement of a single Lender or Issuing Bank) 7.11 or Clause 9.13 7.10 (Replacement of a Non-Consenting Lender or Non-Funding Lender) of a Lender which is the Agent shall not affect its role as the Agent.
Appears in 1 contract
Samples: Single Currency Term Facility Agreement (General Geophysics Co)
Replacement of a Lender. The replacement of a Lender pursuant to Clause 9.12 9.16 (Right of replacement of a single Lender or Issuing Bank) or Clause 9.14 9.17 (Replacement of a Non-Consenting Lender or Non-Funding Lender) shall be subject to the following conditions:
(a) no Finance Party shall have any obligation to find a replacement Lender;
(b) any replacement of a Non-Consenting Lender must take place no later than 180 days after the earlier of (A) the date the Non-Consenting Lender notified the Agent of its refusal to agree to the relevant consent, waiver or amendment and (B) the deadline (being not less than 30 days after the Lender received the request for the relevant consent, waiver or amendment) by which the Non-Consenting Lender failed to reply to that request.
(c) any Lender replaced pursuant to Clause 9.12 9.16 (Right of replacement of a single Lender or Issuing Bank) or Clause 9.12 9.17 (Replacement of a Non-Consenting Lender or Non-Funding Lender) shall not be required to refund, or to pay or surrender to any other Lender, any of the fees or other amounts received by that Lender under any Finance Document; and
(d) any replacement pursuant to Clause 9.12 9.16 (Right of replacement of a single Lender or Issuing Bank) or Clause 9.13 9.17 (Replacement of a Non-Consenting Lender or Non-Funding Lender) of a Lender which is the Agent shall not affect its role as the Agent.
Appears in 1 contract
Samples: Facility Agreement (Cascal B.V.)
Replacement of a Lender. (a) The replacement of a Lender pursuant to Clause 9.12 clause 17.7 (Right of replacement of repayment and cancellation in relation to a single Lender or Issuing Fronting Bank) or Clause 9.14 clause 17.8 (Replacement of a Non-Consenting Lender or Non-Funding Lender) shall be subject to the following conditions:
(ai) no Finance Party shall have any obligation to find a replacement Lender;
(bii) any replacement of a Non-Consenting Lender must take place no later than 180 days after the earlier of (A) the date the Non-Consenting Lender notified the Agent of its refusal to agree to the relevant consent, waiver or amendment and (B) the deadline (being not less than 30 days 15 Business Days after the Lender received the request for the relevant consent, waiver or amendment) by which the Non-Consenting Lender failed to reply to that request.;
(ciii) any Lender replaced pursuant to Clause 9.12 clause 17.7 (Right of replacement of repayment and cancellation in relation to a single Lender or Issuing Fronting Bank) or Clause 9.12 clause 17.8 (Replacement of a Non-Consenting Lender or Non-Funding Lender) shall not be required to refund, or to pay or surrender to any other Lender, any of the fees or other amounts received by that Lender under any Finance Document; and
(div) any replacement pursuant to Clause 9.12 clause 17.7 (Right of replacement of repayment and cancellation in relation to a single Lender or Issuing Fronting Bank) or Clause 9.13 clause 17.8 (Replacement of a Non-Consenting Lender or Non-Funding Lender) of a Lender which is the Agent shall not affect its role as the Agent.
Appears in 1 contract
Replacement of a Lender. (a) The replacement of a Lender pursuant to Clause 9.12 7.12 (Right of replacement of a single Lender or Issuing BankLender) or Clause 9.14 7.13 (Replacement of a Non-Consenting Lender or Non-Funding Lender) shall be subject to the following conditions:
(ai) no Finance Party shall have any obligation to find a replacement Lender;
(bii) any replacement of a Non-Consenting Lender must take place no later than 180 60 days after the earlier of (A) the date the Non-Consenting Lender notified the Facility Agent of its refusal to agree to the relevant consent, waiver or amendment and (B) the deadline (being not less than 30 days 15 Business Days after the Lender received the request for the relevant consent, waiver or amendment) by which the Non-Consenting Lender failed to reply to that request.;
(ciii) any Lender replaced pursuant to Clause 9.12 7.12 (Right of replacement of a single Lender or Issuing BankLender) or Clause 9.12 7.13 (Replacement of a Non-Consenting Lender or Non-Funding Lender) shall not be required to refund, or to pay or surrender to any other Lender, any of the fees or other amounts received by that Lender under any Finance Document; and
(div) any replacement pursuant to Clause 9.12 7.12 (Right of replacement of a single Lender or Issuing BankLender) or Clause 9.13 7.13 (Replacement of a Non-Consenting Lender or Non-Funding Lender) of a Lender which is the Facility Agent shall not affect its role as the Facility Agent.
(b) The Borrower's right to replace a Non-Funding Lender is in addition to all other rights and remedies available to the Borrower against the Non-Funding Lender.
Appears in 1 contract
Samples: Facility Agreement (Solutia Inc)