Common use of Replacement of an Affected Lender Clause in Contracts

Replacement of an Affected Lender. If no Default or Event of Default then exists or is continuing and if (i) as the result of the application of Section 2.8, the obligation of one or more (but not all) of the Lenders to permit a Credit Loan to be loaned on a Eurodollar Rate Basis is suspended for more than thirty (30) days, (ii) as the result of the application of Section 2.9, one or more (but not all) of Lenders which has caused the Agent to notify a Borrower of increased capital requirements and the affected Lender(s) are unable to agree on an adjustment to the compensation payable to such Lender within the specified 30 day period, or (iii) a Borrower must make a payment pursuant to Section 2.17 with respect to such Lender, then, in each such case, during a period of thirty (30) days thereafter, such Borrower, by notice to the Agent and the Lenders, may elect to cause such affected Lender to assign its interest hereunder and in its Credit Loans to one or more of the other Lenders (if any such Lender so desires to accept such an assignment), or to another financial institution selected by such Borrower and acceptable to the Agent, any such assignment to be effected in accordance with Section 17.

Appears in 1 contract

Samples: Revolving Credit Agreement (Interpool Inc)

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Replacement of an Affected Lender. (a) If no Default or Event of Default then exists or is continuing and if (i) as the result of the application of Section 2.8, the obligation of one or more (but not all) of the Lenders to permit a Credit Loan to be loaned on in a Eurodollar Rate Basis is suspended for more than thirty (30) days, or (ii) as the result of the application of Section 2.9, one or more (but not all) of Lenders which has caused the Agent to notify a the Borrower of increased capital requirements and the affected Lender(s) are unable to agree on an adjustment to the compensation payable to such Lender within the specified 30 day period, or (iii) a the Borrower must make a payment pursuant to Section 2.17 with respect to such Lender, then, in each such case, during a period of thirty (30) days thereafter, such the Borrower, by notice to the Agent and the LendersAgent, may elect to cause such affected Lender to assign its interest hereunder and in its Credit Loans to one or more of the other Lenders (if any such Lender so desires to accept such an assignment), or to another financial institution selected by such the Borrower and acceptable to the Agent, any such assignment to be effected in accordance with Section 1716.

Appears in 1 contract

Samples: Credit Agreement (Interpool Inc)

Replacement of an Affected Lender. If no Default or Event of Default then exists or is continuing and if (i) as the result of the application of Section 2.8, the obligation of one or more (but not all) of the Lenders to permit a Credit Loan to be loaned on in a Eurodollar Rate Basis is suspended for more than thirty (30) days, (ii) as the result of the application of Section 2.9, one or more (but not all) of Lenders which has caused the Agent to notify a the Borrower of increased capital requirements and the affected Lender(s) are unable to agree on an adjustment to the compensation payable to such Lender within the specified 30 day period, or (iiiii) a the Borrower must make a payment pursuant to Section 2.17 with respect to such Lender, then, in each such case, during a period of thirty (30) days thereafter, such the Borrower, by notice to the Agent and the LendersAgent, may elect to cause such affected Lender to assign its interest hereunder and in its Credit Loans to one or more of the other Lenders (if any such Lender so desires to accept such an assignment), or to another another. financial institution selected by such the Borrower and acceptable to the Agent, any such assignment to be effected in accordance with Section 1716.

Appears in 1 contract

Samples: Credit Agreement (Interpool Inc)

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Replacement of an Affected Lender. (a) If no Default or Event of Default then exists or is continuing and if (i) as the result of the application of Section 2.8, the obligation of one or more (but not all) of the Lenders to permit a Credit Loan to be loaned on a Eurodollar Rate Basis is suspended for more than thirty (30) days, (ii) as the result of the application of Section 2.9, one or more (but not all) of Lenders which has caused the Agent to notify a the Borrower of increased capital requirements and the affected Lender(s) are unable to agree on an adjustment to the compensation payable to such Lender within the specified 30 day period, or (iii) a the Borrower must make a payment pursuant to Section 2.17 with respect to such Lender, then, in each such case, during a period of thirty (30) days thereafter, such the Borrower, by notice to the Agent and the Lenders, may elect to cause such affected Lender to assign its interest hereunder and in its Credit Loans to one or more of the other Lenders (if any such Lender so desires to accept such an assignment), or to another financial institution selected by such the Borrower and acceptable to the Agent, any such assignment to be effected in accordance with Section 17.

Appears in 1 contract

Samples: Credit Agreement (Interpool Inc)

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