Special Lenders. Unless the Required Lenders seek indemnification, payment, or reimbursement under, or invoke the provisions of, Sections 3.7, 3.8, 3.9, or 3.10, if any Borrower is obligated to pay to the Administrative Agent or any Lender any amount under said Sections, the Borrowers may, so long as no Default or Event of Default then exists, replace such Lender with a new Lender reasonably acceptable to the Administrative Agent, and such Lender hereby agrees to be so replaced subject to the following: (a) the obligations of the Borrowers hereunder to the Lender to be replaced (including such increased or additional costs incurred from the date of notice to the Borrowers of such increase or additional costs through the date such Lender is replaced hereunder) shall be paid in full to such Lender concurrently with such replacement; (b) The replacement Lender shall be a Lender that is not subject to the increased costs arising under such Sections which may have effectuated the Borrower's election to replace any Lender hereunder; (c) Each such replacement Lender shall execute and deliver to the Administrative Agent such documentation reasonably satisfactory to the Administrative Agent pursuant to which such Lender is to become a party hereto with a Commitment equal to that of the Lender being replaced and shall make a Loan or Loans in the aggregate principal amount equal to the aggregate outstanding principal amount of the Loan or Loans of the Lender being replaced; (d) Upon such execution of such documents referred to in clause (c) and repayment of the amounts referred to in clause (a), the replacement Lender shall be a "Lender" with a Commitment as specified hereinabove and the Lender being replaced shall cease to be a "Lender" hereunder, except with respect to indemnification provisions under this Agreement, which shall survive as to such replaced Lender; (e) The Administrative Agent shall reasonably cooperate in effectuating the replacement of any Lender hereunder, but at no time shall the Administrative Agent be obligated to initiate any such replacement; and (f) Any Lender replaced hereunder shall be replaced at the Borrower's sole cost and expense and at no cost or expense to the Administrative Agent.
Appears in 2 contracts
Samples: Credit Agreement (Ahl Services Inc), Credit Agreement (Ahl Services Inc)
Special Lenders. Unless the Required Lenders seek indemnification, payment, or reimbursement under, or invoke the provisions of, Sections 3.6, 3.7, 3.8, 3.9, or 3.10, if any Borrower is obligated to pay to the Administrative Agent or any Lender any amount under said Sections, the Borrowers may, so long as no Default or Event of Default then exists, replace such Lender with a new Lender reasonably acceptable to the Administrative Agent, and such Lender hereby agrees to be so replaced subject to the following:
(a) the obligations of the Borrowers hereunder to the Lender to be replaced (including such increased or additional costs incurred from the date of notice to the Borrowers of such increase or additional costs through the date such Lender is replaced hereunder) shall be paid in full to such Lender concurrently with such replacement;
(b) The replacement Lender shall be a Lender that is not subject to the increased costs arising under such Sections which may have effectuated the Borrower's election to replace any Lender hereunder;
(c) Each such replacement Lender shall execute and deliver to the Administrative Agent such documentation reasonably satisfactory to the Administrative Agent pursuant to which such Lender is to become a party hereto with a Commitment equal to that of the Lender being replaced and shall make a Loan or Loans in the aggregate principal amount equal to the aggregate outstanding principal amount of the Loan or Loans of the Lender being replaced;
(d) Upon such execution of such documents referred to in clause (c) and repayment of the amounts referred to in clause (a), the replacement Lender shall be a "Lender" with a Commitment as specified hereinabove and the Lender being replaced shall cease to be a "Lender" hereunder, except with respect to indemnification provisions under this Agreement, which shall survive as to such replaced Lender;
(e) The Administrative Agent shall reasonably cooperate in effectuating the replacement of any Lender hereunder, but at no time shall the Administrative Agent be obligated to initiate any such replacement; and
(f) Any Lender replaced hereunder shall be replaced at the Borrower's sole cost and expense and at no cost or expense to the Administrative Agent.
Appears in 1 contract
Samples: Credit Agreement (Ahl Services Inc)
Special Lenders. Unless the Required Lenders seek indemnification, payment, or reimbursement under, or invoke the provisions of, Sections 3.7, 3.8, 3.9, or 3.10, if any Borrower is obligated to pay to the Administrative Agent or any Lender any amount under said Sections, the Borrowers may, so long as no Default or Event of Default then exists, replace such Lender with a new Lender reasonably acceptable to the Administrative Agent, and such Lender hereby agrees to be so replaced subject to the following:
(a) the obligations of the Borrowers hereunder to the Lender to be replaced (including such increased or additional costs incurred from the date of notice to the Borrowers of such increase or additional costs through the date such Lender is replaced hereunder) shall be paid in full to such Lender concurrently with such replacement;
(b) The replacement Lender shall be a Lender that is not subject to the increased costs arising under such Sections which may have effectuated the Borrower's election to replace any Lender hereunder;
(c) Each such replacement Lender shall execute and deliver to the Administrative Agent such documentation reasonably satisfactory to the Administrative Agent pursuant to which such Lender is to become a party hereto with a Commitment equal to that of the Lender being replaced and shall make a Loan or Loans in the aggregate principal amount equal to the aggregate outstanding principal amount of the Loan or Loans of the Lender being replaced;amount
(d) Upon such execution of such documents referred to in clause (c) and repayment of the amounts referred to in clause (a), the replacement Lender shall be a "Lender" with a Commitment as specified hereinabove and the Lender being replaced shall cease to be a "Lender" hereunder, except with respect to indemnification provisions under this Agreement, which shall survive as to such replaced Lender;
(e) The Administrative Agent shall reasonably cooperate in effectuating the replacement of any Lender hereunder, but at no time shall the Administrative Agent be obligated to initiate any such replacement; and
(f) Any Lender replaced hereunder shall be replaced at the Borrower's sole cost and expense and at no cost or expense to the Administrative Agent.
Appears in 1 contract
Samples: Credit Agreement (Ahl Services Inc)