Common use of Rights and Obligations of Lenders Clause in Contracts

Rights and Obligations of Lenders. (1) The Lenders shall owe the Lending Obligations. (2) Unless otherwise provided for in this Agreement, the obligations of each Lender under this Agreement shall be independent, and a Lender shall not be released from its obligations under this Agreement for the reason that any of the other Lenders fails to perform such obligations. A Lender shall not be responsible for any failure of other Lenders to perform their obligations under this Agreement. (3) If a Lender, in breach of its Lending Obligation, fails to make an Individual Loan on the Desired Drawdown Date, such Lender shall, upon request by the Borrower, immediately compensate the Borrower for all damages, losses and expenses incurred by the Borrower as a result of such breach; provided, however, that the maximum amount of such compensation to the Borrower for the damages, losses and expenses incurred shall be the difference between (i) the interest and other expenses that is required or would be required to be paid if the Borrower separately makes a drawdown as a result of the Individual Loan’s failure to be made on the Desired Drawdown Date, and (ii) the interest and other expenses that would have been required to be paid if the Individual Loan were made on the Desired Drawdown Date. (4) Unless otherwise provided for in this Agreement, each Lender may exercise its rights under this Agreement separately and independently. (5) During the Commitment Period, the Borrower may terminate the loan obligation in whole or reduce a part of the Total Maximum Amount by giving at least 10 business days’ prior notice to the Agent. In the event that the total credit limit is partially reduced, the amount of such reduction shall be an integral multiple of 100 million yen, but not less than 100 million yen. In the event that any portion of the Total Loan Limit is reduced, the Lender’s Loan Limit shall be reduced pro rata in proportion to such Lender’s percentage participation at such time, respectively. Upon receipt of such notice from the Borrower, the Agent shall notify the Lender thereof without delay. Such notice shall be irrevocable by the Borrower, and any termination of the Loan Obligation in its entirety or reduction of any portion of the Total Loan Amount shall be effective as of the date of such desired termination or reduction as indicated in such notice. However, even if, as a result of the termination of the loan obligation or partial reduction of the total maximum amount of loans pursuant to the provisions of this paragraph, the amount equivalent to the principal amount of the individual unpaid loan amount of the lender exceeds the maximum amount of loans of such lender, the borrower shall repay the amount equivalent to the principal amount of such individual unpaid loan amount on the maturity date thereof.

Appears in 1 contract

Samples: Revolving Credit Facility Agreement (Yoshitsu Co., LTD)

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Rights and Obligations of Lenders. (1) The Lenders Each Lender shall owe lend the Lending ObligationsBorrower money of up to the Lender’s Maximum Loan Amount. (2) Unless otherwise provided for in this AgreementExcept where separately specified herein, the Lenders’ obligations hereunder shall be independent of one another, and each Lender under this Agreement shall be independent, and a Lender shall may not be released exempted from its own obligations under this Agreement hereunder for the a reason that any of the other Lenders fails another Lender’s failure to perform such obligationsits obligations hereunder. A Also each Lender shall not be responsible for any another Lender’s failure of other Lenders to perform their its obligations under this Agreementhereunder. (3) If a Lender, in breach of its Lending Obligation, fails to make an Individual Loan on the Desired Drawdown Date, such A Lender shall, immediately upon a request by from the Borrower, immediately compensate indemnify the Borrower for all damagesagainst any damage, losses and loss, costs or expenses incurred by the Borrower as a result of such breach; providedthe Lender not having made an Individual Loan on the Preferred Drawdown Date in breach of the Lender’s Lending Obligation, howeverHowever, that the maximum amount of the indemnification of the Borrower, including such compensation to the Borrower for the damagesdamage, losses loss, costs and expenses incurred expenses, shall be the difference between (i) amount calculated by deducting the interest and other expenses that is required charges which would have been payable had the Individual Loan been made on the Preferred Drawdown Date, from the interest or other charges, which were paid or would be required to be paid if the Borrower separately makes a drawdown have been likely payable with respect another loan as a result of the Individual Loan’s said failure to be made on the Desired Drawdown Date, and (ii) the interest and other expenses that would have been required to be paid if the Individual Loan were made on the Desired Drawdown Dateof drawdown. (4) Unless otherwise provided for in this Agreementseparately specified herein, each a Lender may individually and independently exercise its the rights under this Agreement separately and independentlyhereunder. (5) During the Commitment Period, the Borrower may terminate the loan obligation in whole or reduce a part all of the Total Lending Obligations, or may make a partial reduction of an Aggregate Maximum Amount Loan Amount, by giving at least 10 business ten (10) days’ prior notice to the Agent. In the event that the total credit limit is partially reduced, the The amount of money pertaining to such a reduction shall be an integral fifty million (50,000,000) yen or more and a multiple of 100 fifty million yen, but not less than 100 million (50,000,000) yen. In Lenders’ Maximum Loan Amounts shall be divided and reduced according to the event that any portion Commitment Ratio of the Total Loan Limit is reduced, Lenders at the Lender’s Loan Limit shall be reduced pro rata in proportion to time of such Lender’s percentage participation at such time, respectivelyan event. Upon On receipt of such a notice from the Borrower, the Agent shall notify the Lender thereof Lenders of the event without delay. Such notice shall be irrevocable by The Borrower may not rescind the Borrowernotice, and any the termination of all of the Loan Obligation in its entirety Lending Obligations or the partial reduction of any portion of the Total Aggregate Maximum Loan Amount shall be become effective as on the desired date of the date of such desired termination or reduction as indicated appearing in such the notice. However, even if, The Borrower shall reimburse any Lender’s principal-equivalent Outstanding Individual Loan Amount that exceeds the Lender’s Maximum Loan Amount as a result of the termination of the loan obligation Lending Obligation or partial the reduction of in the total maximum amount of loans pursuant to Aggregate Maximum Loan Amount in accordance with the provisions of this paragraph, the amount equivalent to the principal amount of the individual unpaid loan amount of the lender exceeds the maximum amount of loans of such lender, the borrower shall repay the amount equivalent to the principal amount of such individual unpaid loan amount on the maturity date thereofrelevant Maturity Date.

Appears in 1 contract

Samples: Revolving Credit Facility Agreement (Ubic, Inc.)

Rights and Obligations of Lenders. (1) 2.1 The Lenders Lender shall owe lend money in the Lending Obligationsamount up to the Tranche A Facility Amount, the Tranche B Facility Amount and the Tranche C Facility Amount, respectively, in accordance with the terms and conditions hereunder to the Borrower in Japanese yen only. 2.2 By giving at least ten (210) Unless otherwise provided for in this AgreementBusiness Days advance written notice, the Borrower can reduce each Facility Amount in full or in part; provided, however, that once reduced, the Facility Amount so reduced will not be restored to prior levels. The reduction amount in a case of partial reduction must be an amount that is at least one hundred million yen (JPY 100,000,000) and is an integral multiple of one hundred million yen (JPY 100,000,000); provided, further that; if the Borrower wishes to reduce a Facility Amount, the Borrower shall reduce the Tranche C Facility Amount at first, and may reduce the Tranche A Facility Amount and the Tranche B Facility Amount only if the Unused Tranche C Facility Amount has been or will be reduced to zero (0). The Borrower may reduce the Tranche A Facility Amount only if the Unused Tranche B Facility Amount has been or will be reduced to zero (0). 2.3 In the following cases, the Lender’s Lending Obligations of all Facility (in case of (v) below, of the respective Facility) will extinguish: (i) if the Drawdown Period has ended; (ii) if the Borrower’s obligations hereunder are accelerated as a result of each Lender an occurrence of an Event of Default; (iii) if the total number of drawdowns under this Agreement any Facility has reached four (4); provided, however, that if the Borrower applies for two or more drawdowns of a Tranche A Facility Loan, a Tranche B Facility Loan and a Tranche C Facility Loan to be made on the same date in a single Loan Application, such drawdowns shall be independent, and treated as a Lender shall not be released from its obligations under this Agreement single drawdown for the reason that any purpose of this Item (iii); (iv) if the other Lenders Lender’s Lending Obligations has been terminated pursuant to Article 9; or (v) if the respective Unused Facility Amount has been reduced to zero (0). 2.4 If the Lender fails to perform such obligations. A Lender shall not be responsible for any failure of other Lenders to perform their obligations under this Agreement. (3) If make a Lender, Loan on a Drawdown Date in breach of its Lending ObligationObligations, fails to make an Individual Loan on the Desired Drawdown Date, such Lender shall, upon the request by of the Borrower, immediately promptly compensate the Borrower for all damages, losses and expenses Damages reasonably incurred by the Borrower as a result of such breach; provided. Term Loan Agreement for NAVER J. Hub Corporation dated September 16th, however, that the maximum amount 2020 Table of such compensation to the Borrower for the damages, losses and expenses incurred shall be the difference between (i) the interest and other expenses that is required or would be required to be paid if the Borrower separately makes a drawdown as a result of the Individual Loan’s failure to be made on the Desired Drawdown Date, and (ii) the interest and other expenses that would have been required to be paid if the Individual Loan were made on the Desired Drawdown Date. (4) Unless otherwise provided for in this Agreement, each Lender may exercise its rights under this Agreement separately and independently. (5) During the Commitment Period, the Borrower may terminate the loan obligation in whole or reduce a part of the Total Maximum Amount by giving at least 10 business days’ prior notice to the Agent. In the event that the total credit limit is partially reduced, the amount of such reduction shall be an integral multiple of 100 million yen, but not less than 100 million yen. In the event that any portion of the Total Loan Limit is reduced, the Lender’s Loan Limit shall be reduced pro rata in proportion to such Lender’s percentage participation at such time, respectively. Upon receipt of such notice from the Borrower, the Agent shall notify the Lender thereof without delay. Such notice shall be irrevocable by the Borrower, and any termination of the Loan Obligation in its entirety or reduction of any portion of the Total Loan Amount shall be effective as of the date of such desired termination or reduction as indicated in such notice. However, even if, as a result of the termination of the loan obligation or partial reduction of the total maximum amount of loans pursuant to the provisions of this paragraph, the amount equivalent to the principal amount of the individual unpaid loan amount of the lender exceeds the maximum amount of loans of such lender, the borrower shall repay the amount equivalent to the principal amount of such individual unpaid loan amount on the maturity date thereof.Contents

Appears in 1 contract

Samples: Term Loan Agreement (NAVER Corp)

Rights and Obligations of Lenders. (1) The Lenders A Lender shall owe lend money to the Lending ObligationsBorrower with the Maximum Loan Amount of the Lender set as the upper limit on such money. (2) Unless otherwise provided for set forth in this Agreement, the obligations of each Lender Lenders under this Agreement shall be independentseparate and discrete, and a Lender shall not be released from its obligations under this Agreement for the reason that any because of the other Lenders fails failure of another Lender to perform such its obligations. A In addition, a Lender shall not be responsible held liable in any way for any failure of other Lenders another Lender to perform their its obligations under this Agreement. (3) If a Lender, in breach of Lender violates its Lending Obligation, Obligation and fails to make execute an Individual Loan on the Desired Drawdown Execution Date, at the request of the Borrower, such Lender shall, upon request by the Borrower, shall immediately compensate the Borrower for all damagesDamage, losses and expenses incurred by etc. it sustained due to such violation of the Borrower as a result of such breachLending Obligation; provided, however, provided that the maximum amount of such compensation to the Borrower for such Damage, etc. shall not exceed the damages, losses and expenses incurred shall be amount calculated by subtracting the difference between (i) the amount of interest and other expenses that is required or the Borrower would be required to be paid pay if the Borrower separately makes a drawdown as a result of the Individual Loan’s failure to be made Loan had been executed on the Desired Drawdown Date, and (ii) Execution Date from the amount of interest and other expenses that would have the Borrower has been or will be required to be paid if pay in cases where the Borrower separately borrows funds because the Individual Loan were made was not executed on the Desired Drawdown Execution Date. (4) Unless otherwise provided for set forth in this Agreement, each a Lender may separately and independently exercise its rights under this Agreement separately and independentlyAgreement. (5) During By giving a ten (10) Business Days-prior notice to the Agent in the Commitment Period, the Borrower may terminate the loan obligation in whole all Lending Obligations or reduce a part of the Total Maximum Amount by giving at least 10 business days’ prior notice to the AgentLoan Amount. In the event that the total credit limit is partially reduced, the amount of such reduction shall be an integral multiple of 100 million yen, but not less than 100 million yen. In the event that any portion cases where a part of the Total Maximum Loan Limit Amount is reduced, the Lender’s reduced amount shall be at least 50,000,000 yen and the integral multiple of 50,000,000 yen. In cases where a part of the Total Maximum Loan Limit Amount is reduced, the Maximum Loan Amounts of Lenders shall be reduced pro rata in proportion proportionally according to the Participation Ratio of the respective Lenders at the time of such Lender’s percentage participation at such time, respectivelyreduction. Upon receipt of If the Agent receives such notice from the Borrower, the Agent shall notify the Lender thereof Lenders of such fact without delay. Such notice shall be irrevocable by The Borrower may not withdraw such notice, the Borrower, and any termination of the Loan Obligation in its entirety all Lending Obligations or reduction of any portion a part of the Total Maximum Loan Amount shall be become effective as on the intended date of the date of such desired termination or reduction as indicated shown in such notice. However, ; provided that even if, if as a result of the termination of the loan obligation Lending Obligations or partial reduction of the total maximum amount of loans pursuant to Total Maximum Loan Amount in accordance with the provisions of this paragraph, the amount equivalent to the principal amount portion of the individual unpaid loan amount of the lender Individual Loan Amount Payable to a Lender exceeds the maximum amount of loans Maximum Loan Amount of such lenderLender, the borrower Borrower shall repay the amount equivalent to the principal amount portion of such individual unpaid loan amount Individual Loan Amount Payable on the maturity date thereofMaturity Date.

Appears in 1 contract

Samples: Revolving Credit Facility Agreement (Fronteo, Inc.)

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Rights and Obligations of Lenders. (1) The Lenders shall owe Unless otherwise provided for in this Agreement, the Lending ObligationsLender may exercise its rights under this Agreement separately and independently. (2) The Lender shall lend money up to the limit of the Commitment Amount. (3) Unless otherwise provided for in this Agreement, the obligations of each the Lender under this Agreement shall be are separate and independent, and a the Lender shall not be released from its obligations under this Agreement hereunder on the grounds that other Lenders do not perform the said obligations. In addition, the Lender shall in no way assume any responsibility for the reason that any other Lenders’ nonperformance of the other Lenders fails to perform such obligations. A Lender shall not be responsible for any failure of other Lenders to perform their obligations under this Agreementhereunder. (34) If a Lender, in breach of its Lending ObligationObligations, fails to make an Each Individual Loan on the Desired Drawdown Date in relation to the said Desired Drawdown Date, such Lender shall, upon request by the Borrower, immediately compensate the Borrower for all damages, losses and expenses incurred by the Borrower as a result of such breach; provided, however, that the maximum amount of such compensation to the Borrower for the damages, losses and expenses incurred shall be the difference between (i) the interest and other expenses that is required or would be required to be paid from the said Desired Drawdown Date (inclusive) to the first Interest Payment Date (not inclusive) if the Borrower separately makes a drawdown as a result of the such Individual Loan’s failure to be made on the Desired Drawdown Date, and (ii) the interest and other expenses that would have been required to be paid from the said Desired Drawdown Date (inclusive) to the first Interest Payment Date (not inclusive) if the Individual Loan were made on the Desired Drawdown Date. (4) Unless otherwise provided for in this Agreement, each Lender may exercise its rights under this Agreement separately and independently. (5) During the Commitment Period, the Borrower may terminate the loan obligation in whole or reduce a part of the Total Maximum Amount all Lending Obligations by giving at least a 10 business days’ Business Day prior notice to the Agent. In the event that the total credit limit is partially reduced, the amount of such reduction shall be an integral multiple of 100 million yen, but not less than 100 million yen. In the event that any Agent or reduce a portion of the Total Loan Limit Commitment Amount within the amount less than the Total Unused Commitment Amount. The amount in case of reducing a portion of the Total Commitment Amount shall be 50 million yen or greater, with the amount being the integral multiple of 50 million yen and less than the Total Unused Commitment Amount. If a portion of the Total Commitment Amount is reduced, the Lender’s Loan Limit shall be Commitment Amount of the Lender is reduced pro rata respectively in proportion to such Lender’s percentage participation at such time, respectively. Upon receipt the Commitment Ratio of such Lender at that time. When the Agent receives the said notice from the Borrower, the Agent shall notify the Lender thereof to that effect without delay. Such notice shall be irrevocable by The Borrower may not cancel the Borrower, and any said notice. The termination of all Lending Obligations or the Loan Obligation in its entirety or reduction of any a portion of the Total Loan Commitment Amount shall be become effective as on the desired date of the date of such desired said termination or reduction as indicated that is shown in such the said notice. However, even if, as a result of the termination of the loan obligation or partial reduction of the total maximum amount of loans pursuant to the provisions of this paragraph, the amount equivalent to the principal amount of the individual unpaid loan amount of the lender exceeds the maximum amount of loans of such lender, the borrower shall repay the amount equivalent to the principal amount of such individual unpaid loan amount on the maturity date thereof.

Appears in 1 contract

Samples: Term Loan Agreement (Ubic, Inc.)

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