Common use of Substitution of Initial Lender Clause in Contracts

Substitution of Initial Lender. The Initial Lender shall have the right to substitute any of the Initial Lender's Affiliates as the maker of all or any portion of the aggregate principal amount of Advances to be made by the Initial Lender (so long as any such Affiliate is not engaged in any principal line of business substantially similar to the general nature of the business presently conducted by the Borrower), by written notice delivered to the Borrower, which notice shall be signed by both the Initial Lender and such Affiliate and shall contain such Affiliate's agreement to be bound by this Agreement. The Borrower agrees that upon receipt of such notice (a) wherever the word "the Initial Lender" is used in this Agreement (other than in this Section 7.3) such word shall be deemed to refer to such Affiliate in addition to or instead of to the Initial Lender, as the case may be, and (b) the Initial Lender shall, to the extent of the assumption by such Affiliate of the Initial Lender's obligations hereunder, be released from its obligations under this Agreement. The Borrower also agrees that if the Initial Lender, at any time, acquires from any Affiliate all or any portion of such Affiliate's rights under this Agreement, wherever the word "the Initial Lender" is used in this Agreement such word shall thereafter be deemed to refer to the Initial Lender in addition to or instead of to such Affiliate, as the case may be, and such Affiliate shall, to the extent of the assumption by the Initial Lender of such Affiliates obligations hereunder, be released from all of its obligations under this Agreement. Notwithstanding any other provision of this Section 7.3, neither the Initial Lender nor any Affiliate thereof shall be entitled to substitute any other party as the maker of any Advances if as a result of such substitution the Borrower would be required to register as an "investment company" under the Investment Company Act of 1940, as amended.

Substitution of Initial Lender. The Initial Lender shall have the right to substitute any of the Initial Lender's Affiliates as the maker of all or any portion of the aggregate principal amount of Advances to be made by the Initial Lender (so long as any such Affiliate is not engaged in any principal line of business substantially similar to the general nature of the business presently conducted by the Borrower)Lender, by written notice delivered to the Borrower, which notice shall be signed by both the Initial Lender and such Affiliate and shall contain such Affiliate's agreement to be bound by this Agreement. The Borrower agrees that upon receipt of such notice (a) wherever the word "the Initial Lender" is used in this Agreement (other than in this Section 7.35.3) such word shall be deemed to refer to such Affiliate in addition to or instead of to the Initial Lender, as the case may be, and (b) the Initial Lender shall, to the extent of the assumption by such Affiliate of the Initial Lender's obligations hereunder, be released from its obligations under this Agreement. The Borrower also agrees that if the Initial Lender, at any time, acquires from any Affiliate all or any portion of such Affiliate's rights under this Agreement, wherever the word "the Initial Lender" is used in this Agreement such word shall thereafter be deemed to refer to the Initial Lender in addition to or instead of to such Affiliate, as the case may be, and such Affiliate shall, to the extent of the assumption by the Initial Lender of such Affiliates Affiliate's obligations hereunder, be released from all of its obligations under this Agreement. Notwithstanding any other provision of this Section 7.35.3, neither the Initial Lender nor any Affiliate thereof shall be entitled to substitute any other party as the maker of any Advances if as a result of such substitution the Borrower would be required to register as an "investment company" under the Investment Company Act of 1940, as amended.

Substitution of Initial Lender. The Initial Lender shall have the right to substitute any of the Initial Lender's Affiliates as the maker of all or any portion of the aggregate principal amount of Advances the Advance to be made by the Initial Lender (so long as any such Affiliate is not engaged in any principal line of business substantially similar to the general nature of the business presently conducted by the Borrower), by written notice delivered to the Borrower, which notice shall be signed by both the Initial Lender and such Affiliate and shall contain such Affiliate's agreement to be bound by this Agreement. The Borrower agrees that upon receipt of such notice (a) wherever the word words "the Initial Lender" is used in this Agreement (other than in this Section 7.37.03) such word shall be deemed to refer to such Affiliate in addition to or instead of to the Initial Lender, as the case may be, and (b) the Initial Lender shall, to the extent of the assumption by such Affiliate of the Initial Lender's obligations hereunder, be released from its obligations under this Agreement. The Borrower also agrees that if the Initial Lender, at any time, acquires from any Affiliate all or any portion of such Affiliate's rights under this Agreement, wherever the word "the Initial Lender" is used in this Agreement such word shall thereafter be deemed to refer to the Initial Lender in addition to or instead of to such Affiliate, as the case may be, and such Affiliate shall, to the extent of the assumption by the Initial Lender of such Affiliates obligations hereunder, be released from all of its obligations under this Agreement. Notwithstanding any other provision of this Section 7.37.03, neither the Initial Lender nor any Affiliate thereof shall be entitled to substitute any other party as the maker of any Advances the Advance if as a result of such substitution the Borrower would be required to register as an "investment company" under the Investment Company Act of 1940, as amended.

Substitution of Initial Lender. The Initial Lender shall have the right to substitute any of the Initial Lender's Affiliates as the maker of all or any portion of the aggregate principal amount of Advances to be made by the Initial Lender (so long as any such Affiliate is not engaged in any principal line of business substantially similar to the general nature of the business presently conducted by the Borrower), by written notice delivered to the Borrower, which notice shall be signed by both the Initial Lender and such Affiliate and shall contain such Affiliate's agreement to be bound by this Agreement. The Borrower agrees that upon receipt of such notice (a) wherever the word "the Initial Lender" is used in this Agreement (other than in this Section 7.37.03) such word shall be deemed to refer to such Affiliate in addition to or instead of to the Initial Lender, as the case may be, and (b) the Initial Lender shall, to the extent of the assumption by such Affiliate of the Initial Lender's obligations hereunder, be released from its obligations under this Agreement. The Borrower also agrees that if the Initial Lender, at any time, acquires from any Affiliate all or any portion of such Affiliate's rights under this Agreement, wherever the word "the Initial Lender" is used in this Agreement such word shall thereafter be deemed to refer to the Initial Lender in addition to or instead of to such Affiliate, as the case may be, and such Affiliate shall, to the extent of the assumption by the Initial Lender of such Affiliates Affiliate's obligations hereunder, be released from all of its obligations under this Agreement. Notwithstanding any other provision of this Section 7.37.03, neither the Initial Lender nor any Affiliate thereof shall be entitled to substitute any other party as the maker of any Advances if as a result of such substitution the Borrower would be required to register as an "investment company" under the Investment Company Act of 1940, as amended.