Common use of Termination of Defaulting Lender Clause in Contracts

Termination of Defaulting Lender. If a Defaulting Lender has not cured its status as a “Defaulting Lender” within ten (10) Business Days from becoming such, the Borrower may terminate the unused amount of the Commitment of any Lender that is a Defaulting Lender upon not less than three (3) Business Days’ prior notice to the Administrative Agent (which shall promptly notify the Lenders thereof), and in such event the provisions of Section 2.17(B)(i)(c) will apply to all amounts thereafter paid by the Borrower for the account of such Defaulting Lender under this Agreement (whether on account of principal, interest, fees, indemnity or other amounts); provided that (i) no Event of Default shall have occurred and be continuing, and (ii) such termination shall not be deemed to be a waiver or release of any claim the Borrower, the Administrative Agent or any Lender may have against such Defaulting Lender.

Appears in 5 contracts

Samples: Amendment No. 4 and Joinder to Second Amended and Restated Credit Agreement (Sunnova Energy International Inc.), Credit Agreement (Sunnova Energy International Inc.), Credit Agreement (Sunnova Energy International Inc.)

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Termination of Defaulting Lender. If a Defaulting Lender has not cured its status as a “Defaulting Lender” within ten The Borrower may, without premium (10including the Prepayment Premium) Business Days from becoming suchor penalty, the Borrower may terminate the unused amount of the Revolving Commitment of any Revolving Lender that is a Defaulting Lender upon not less than three (3) ten Business Days’ prior notice to the Administrative Agent (which shall promptly notify the Lenders thereof), and in such event the provisions of Section 2.17(B)(i)(c2.24(a)(ii) will apply to all amounts thereafter paid by the Borrower for the account of such Defaulting Lender under this Agreement (whether on account of principal, interest, fees, indemnity or other amounts); provided that (i) on the date of such termination, no Event of Default shall have occurred and be continuing, and (ii) such termination shall not be deemed to be a waiver or release of any claim the Borrower, the Administrative Agent Agent, the Issuing Lender or any other Lender may have against such Defaulting Lender.

Appears in 1 contract

Samples: Credit Agreement (Ribbon Communications Inc.)

Termination of Defaulting Lender. If a Defaulting Lender has not cured its status as a “Defaulting Lender” within ten (10) Business Days from becoming such, the Borrower The BorrowersBorrower may terminate the unused amount of the Revolving Credit Commitment of any Revolving Lender that is a Defaulting Lender upon not less than three (3) five Business Days’ prior notice to the Administrative Agent (which shall promptly notify the Lenders thereof), and in such event the provisions of Section 2.17(B)(i)(c2.22(a)(ii) will apply to all amounts thereafter paid by the Borrower BorrowersBorrower for the account of such Defaulting Lender under this Agreement (whether on account of principal, interest, fees, indemnity or other amounts); provided that provided, (i) no Event of Default shall have occurred and be continuing, and (ii) such termination shall not be deemed to be a waiver or release of any claim the BorrowerBorrowersBorrower, the Administrative Agent Agent, the Issuing Bank, the Swing Line Lender or any Lender may have against such Defaulting Lender.

Appears in 1 contract

Samples: First Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.)

Termination of Defaulting Lender. If a Defaulting Lender has not cured its status as a “Defaulting Lender” within ten (10) Business Days from becoming such, the The Borrower may terminate the unused amount of the Commitment of any Lender unaffiliated with the Administrative Agent that is a Defaulting Lender upon not less than three two (32) Business Days’ prior notice to the Administrative Agent (which shall promptly notify the Lenders thereof), and in such event the provisions of Section 2.17(B)(i)(c2.17(a)(ii) will apply to all amounts thereafter paid by the Borrower for the account of such Defaulting Lender under this Agreement (whether on account of principal, interest, fees, indemnity or other amounts); provided that (i) no Event of Default shall have occurred and be continuingcontinuing (except to the extent caused by such Defaulting Lender, as determined by the Administrative Agent in its sole discretion) and (ii) such termination shall not be deemed to be a waiver or release of any claim the Borrower, the Administrative Agent Agent, any Swingline Lender or any Lender may have against such Defaulting Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (New Mountain Guardian IV BDC, L.L.C.)

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Termination of Defaulting Lender. If a Defaulting Lender has not cured its status as a “Defaulting Lender” within ten (10) Business Days from becoming such, the The Borrower may terminate the unused amount of the Revolving Commitment of any Revolving Lender that is a Defaulting Lender upon not less than three ten (310) Business Days’ prior notice to the Administrative Agent (which shall promptly notify the Lenders thereof), and in such event the provisions of Section 2.17(B)(i)(c2.24(a)(ii) will apply to all amounts thereafter paid by the Borrower for the account of such Defaulting Lender under this Agreement (whether on account of principal, interest, fees, indemnity or other amounts); provided that (i) at the date of such termination, no Event of Default shall have occurred and be continuing, continuing and (ii) such termination shall not be deemed to be a waiver or release of any claim the Borrower, the Administrative Agent Agent, the Issuing Lenders, the Swingline Lender or any other Lender may have against such Defaulting Lender.

Appears in 1 contract

Samples: Senior Secured Revolving Credit Facility Credit Agreement (FTC Solar, Inc.)

Termination of Defaulting Lender. If a Defaulting Lender has not cured its status as a “Defaulting Lender” within ten (10) 10 Business Days from becoming such, the Borrower may terminate the unused amount of the Commitment of any Lender that is a Defaulting Lender upon not less than three (3) Business Days’ prior notice to the Administrative Agent (which shall promptly notify the Lenders thereof), and in such event the provisions of Section 2.17(B)(i)(c) will apply to all amounts thereafter paid by the Borrower for the account of such Defaulting Lender under this Agreement (whether on account of principal, interest, fees, indemnity or other amounts); provided that (i) no Event of Default shall have occurred and be continuing, and (ii) such termination shall not be deemed to be a waiver or release of any claim the Borrower, the Administrative Agent or any Lender may have against such Defaulting Lender.

Appears in 1 contract

Samples: Credit Agreement (Sunnova Energy International Inc.)

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