Common use of Suspension of Swingline Loans Clause in Contracts

Suspension of Swingline Loans. So long as such Lender is a Defaulting Lender, the Swingline Lender shall not be required to fund any Swingline Loan and the Issuing Bank shall not be required to issue, amend or increase any Letter of Credit, unless it is satisfied that the related exposure will be 100% covered by the Commitments of the non-Defaulting Lenders and/or cash collateral will be provided by the Borrower in accordance with Section 2.20(c), and participating interests in any such newly made Swingline Loan or newly issued or increased Letter of Credit shall be allocated among non-Defaulting Lenders in a manner consistent with Section 2.20(c)(i) (and such Defaulting Lender shall not participate therein). If (i) a Bankruptcy Event with respect to the parent of any Lender shall occur following the date hereof and for so long as such event shall continue or (ii) the Issuing Bank or the Swingline Lender has a good faith belief that any Lender has defaulted in fulfilling its obligations under one or more other agreements in which such Lender commits to extend credit, the Issuing Bank shall not be required to issue, amend or increase any Letter of Credit and the Swingline Lender shall not be required to fund any Swingline Loan, unless the Issuing Bank or the Swingline Lender, as the case may be, shall have entered into arrangements with the Borrower or such Lender, satisfactory to the Issuing Bank or the Swingline Lender, as the case may be, to defease any risk in respect of such Lender hereunder. In the event that each of the Administrative Agent, the Borrower, the Issuing Bank and the Swingline Lender agrees that a Defaulting Lender has adequately remedied all matters that caused such Lender to be a Defaulting Lender, then the Swingline Exposure and LC Exposure of the Lenders shall be readjusted to reflect the inclusion of such Lender’s Revolving Commitment and on the date of such readjustment such Lender shall purchase at par such of the Loans of the other Lenders (other than Swingline Loans) as the Administrative Agent shall determine may be necessary in order for such Lender to hold such Loans in accordance with its Applicable Percentage.

Appears in 2 contracts

Samples: Revolving Credit Facility Agreement (Lennox International Inc), Revolving Credit Facility Agreement (Lennox International Inc)

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Suspension of Swingline Loans. So long as such any Revolving Lender is a Defaulting Lender, the no Swingline Lender shall not be required to fund any Swingline Loan and the no Issuing Bank shall not be required to issue, amend or increase any Letter of Credit, unless it is satisfied that the related exposure and the Defaulting Lender’s then outstanding LC Exposure will be 100% covered by the Commitments of the non-Defaulting Lenders and/or cash collateral will be provided by the Borrower in accordance with Section 2.20(c), and participating interests in Swingline Exposure related to any such newly made Swingline Loan or LC Exposure related to any or newly issued or increased Letter of Credit shall be allocated among non-Defaulting Lenders in a manner consistent with Section 2.20(c)(i) (and such Defaulting Lender shall not participate therein). If . (i) a Bankruptcy Event or a Bail-In Action with respect to the parent of any a Lender Parent shall occur following the date hereof and for so long as such event shall continue or (ii) the any Issuing Bank or the any Swingline Lender has a good faith belief that any Revolving Lender has defaulted in fulfilling its obligations under one or more other agreements in which such Revolving Lender commits to extend credit, the no Issuing Bank shall not be required to issue, amend or increase any Letter of Credit and the no Swingline Lender shall not be required to fund any Swingline Loan, unless the applicable Issuing Bank or the Swingline LenderLenders, as the case may be, shall have entered into arrangements with the Borrower or such Lender, satisfactory to the such Issuing Bank or the each Swingline Lender, as the case may be, to defease any risk to it in respect of such Lender hereunder. In the event that each of the Administrative Agent, the Borrower, the each Issuing Bank and the each Swingline Lender each agrees that a Defaulting Lender has adequately remedied all matters that caused such Lender to be a Defaulting Lender, then then, to the extent such Defaulting Lender is a Revolving Lender, the Swingline Exposure and LC Exposure of the Revolving Lenders shall be readjusted to reflect the inclusion of such Revolving Lender’s Revolving Commitment and on the date of such readjustment such Revolving Lender shall purchase at par such of the Revolving Loans of the other Revolving Lenders (other than Swingline Loans) as the Administrative Agent shall determine may be necessary in order for such Revolving Lender to hold such Revolving Loans in accordance with its Applicable Percentage.

Appears in 1 contract

Samples: Credit Facility Agreement (Lennox International Inc)

Suspension of Swingline Loans. So long as such any Revolving Lender is a Defaulting Lender, the no Swingline Lender shall not be required to fund any Swingline Loan and the no Issuing Bank shall not be required to issue, amend or increase any Letter of Credit, unless it is satisfied that the related exposure and the Defaulting Lender’s then outstanding LC Exposure will be 100% covered by the Commitments of the non-Defaulting Lenders and/or cash collateral will be provided by the Borrower in accordance with Section 2.20(c), and participating interests in Swingline Exposure related to any such newly made Swingline Loan or LC Exposure related to any or newly issued or increased Letter of Credit shall be allocated among non-Defaulting Lenders in a manner consistent with Section 2.20(c)(i) (and such Defaulting Lender shall not participate therein). If (i) a Bankruptcy Event with respect to the parent of any a Lender Parent shall occur following the date hereof and for so long as such event shall continue or (ii) the any Issuing Bank or the any Swingline Lender has a good faith belief that any Revolving Lender has defaulted in fulfilling its obligations under one or more other agreements in which such Revolving Lender commits to extend credit, the no Issuing Bank shall not be required to issue, amend or increase any Letter of Credit and the no Swingline Lender shall not be required to fund any Swingline Loan, unless the applicable Issuing Bank or the Swingline LenderLenders, as the case may be, shall have entered into arrangements with the Borrower or such Lender, satisfactory to the such Issuing Bank or the each Swingline Lender, as the case may be, to defease any risk to it in respect of such Lender hereunder. In the event that each of the Administrative Agent, the Borrower, the each Issuing Bank and the each Swingline Lender each agrees that a Defaulting Lender has adequately remedied all matters that caused such Lender to be a Defaulting Lender, then then, to the extent such Defaulting Lender is a Revolving Lender, the Swingline Exposure and LC Exposure of the Revolving Lenders shall be readjusted to reflect the inclusion of such Revolving Lender’s Revolving Commitment and on the date of such readjustment such Revolving Lender shall purchase at par such of the Revolving Loans of the other Revolving Lenders (other than Swingline Loans) as the Administrative Agent shall determine may be necessary in order for such Revolving Lender to hold such Revolving Loans in accordance with its Applicable Percentage.

Appears in 1 contract

Samples: Credit Facility Agreement (Lennox International Inc)

Suspension of Swingline Loans. So long as such any Revolving Lender is a Defaulting Lender, the no Swingline Lender shall not be required to fund any Swingline Loan and the no Issuing Bank shall not be required to issue, amend or increase any Letter of Credit, unless it is satisfied that the related exposure and the Defaulting Lender's then outstanding LC Exposure will be 100% covered by the Commitments of the non-Defaulting Lenders and/or cash collateral will be provided by the Borrower in accordance with Section 2.20(c), and participating interests in Swingline Exposure related to any such newly made Swingline Loan or LC Exposure related to any or newly issued or increased Letter of Credit shall be allocated among non-Defaulting Lenders in a manner consistent with Section 2.20(c)(i) (and such Defaulting Lender shall not participate therein). If . (i) a Bankruptcy Event or a Bail-In Action with respect to the parent of any a Lender Parent shall occur following the date hereof and for so long as such event shall continue or (ii) the any Issuing Bank or the any Swingline Lender has a good faith belief that any Revolving Lender has defaulted in fulfilling its obligations under one or more other agreements in which such Revolving Lender commits to extend credit, the no Issuing Bank shall not be required to issue, amend or increase any Letter of Credit and the no Swingline Lender shall not be required to fund any Swingline Loan, unless the applicable Issuing Bank or the Swingline LenderLenders, as the case may be, shall have entered into arrangements with the Borrower or such Lender, satisfactory to the such Issuing Bank or the each Swingline Lender, as the case may be, to defease any risk to it in respect of such Lender hereunder. In the event that each of the Administrative Agent, the Borrower, the each Issuing Bank and the each Swingline Lender each agrees that a Defaulting Lender has adequately remedied all matters that caused such Lender to be a Defaulting Lender, then then, to the extent such Defaulting Lender is a Revolving Lender, the Swingline Exposure and LC Exposure of the Revolving Lenders shall be readjusted to reflect the inclusion of such Revolving Lender’s 's Revolving Commitment and on the date of such readjustment such Revolving Lender shall purchase at par such of the Revolving Loans of the other Revolving Lenders (other than Swingline Loans) as the Administrative Agent shall determine may be necessary in order for such Revolving Lender to hold such Revolving Loans in accordance with its Applicable Percentage.

Appears in 1 contract

Samples: Credit Facility Agreement (Lennox International Inc)

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Suspension of Swingline Loans. So long as such Revolving Lender is a Defaulting Lender, the no Swingline Lender shall not be required to fund any Swingline Loan and the no Issuing Bank shall not be required to issue, amend or increase any Letter of Credit, unless it is satisfied that the related exposure and the Defaulting Lender’s then outstanding LC Exposure will be 100% covered by the Commitments of the non-Defaulting Lenders and/or cash collateral will be provided by the Borrower in accordance with Section 2.20(c2.20(d), and participating interests in Swingline Exposure related to any such newly made Swingline Loan or LC Exposure related to any newly issued or increased Letter of Credit shall be allocated among non-Defaulting Lenders in a manner consistent with Section 2.20(c)(i2.20(d)(i) (and such Defaulting Lender shall not participate therein). If . (i) a Bankruptcy Event or a Bail-In Action with respect to the parent of any a Lender Parent shall occur following the date hereof and for so long as such event shall continue or (ii) the any Issuing Bank or the any Swingline Lender has a good faith belief that any Revolving Lender has defaulted in fulfilling its obligations under one or more other agreements in which such Revolving Lender commits to extend credit, the no Issuing Bank shall not be required to issue, amend or increase any Letter of Credit and the no Swingline Lender shall not be required to fund any Swingline Loan, unless the applicable Issuing Bank or the Swingline LenderLenders, as the case may be, shall have entered into arrangements with the Borrower or such Lender, satisfactory to the such Issuing Bank or the each Swingline Lender, as the case may be, to defease any risk to it in respect of such Lender hereunder. In the event that each of the Administrative Agent, the Borrower, the each Issuing Bank and the each Swingline Lender agrees that a Defaulting Lender has adequately remedied all matters that caused such Lender to be a Defaulting Lender, then then, to the extent such Defaulting Lender is a Revolving Lender, the Swingline Exposure and LC Exposure of the Revolving Lenders shall be readjusted to reflect the inclusion of such Revolving Lender’s Revolving Commitment and on the date of such readjustment such Revolving Lender shall purchase at par such of the Revolving Loans of the other Revolving Lenders (other than Swingline Loans) as the Administrative Agent shall determine may be necessary in order for such Revolving Lender to hold such Revolving Loans in accordance with its Applicable Percentage.

Appears in 1 contract

Samples: Credit Facility Agreement (Lennox International Inc)

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