Common use of Tranching of Advances Clause in Contracts

Tranching of Advances. At the direction of Administrative Agent or any Lender upon reasonable prior written notice, the Borrower shall use commercially reasonable efforts to enter into an amendment to this Agreement, in form and substance reasonably satisfactory to the Borrower, for the purpose of tranching or adjusting the tranching on any Advances, provided that all reasonable costs and expenses of the Borrower (including costs of counsel and advisors) incurred in connection with such amendment shall be borne by the requesting Lender(s), and provided further that (i) the Borrower shall not be required to enter into such amendment if it could reasonably be expected to have a material adverse effect on the payments, economics or obligations of the Borrower hereunder, and (ii) any Lender shall have the right to object to such tranching if it could reasonably be expected to have a material adverse effect on such Xxxxxx’s financial return on its Advances. Upon the exercise of such option to tranche or adjust tranching, the Borrower shall use commercially reasonable efforts cooperate with the Administrative Agent and the Lenders and any intended assignee(s) (if any) of any Lender, as may be reasonably requested by the Administrative Agent or any Lender, to effect the exercise of such option, including the issuance of an additional class of Advances that bear interest at a rate separate and apart from the then current interest rate, or Advance Rates separate and apart from the then current Advance Rates, or a new class of Advances having terms as may be reasonably determined by the Administrative Agent or any Lender, including through the issuance of replacement Loan Notes having terms (including changes to advance rates or margin) as may be reasonably requested by Administrative Agent or any 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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Tranching of Advances. At the direction of Administrative Agent or any Lender upon reasonable prior written notice, the Borrower shall use commercially reasonable efforts to enter into an amendment to this Agreement, in form and substance reasonably satisfactory to the Borrower, for the purpose of tranching or adjusting the tranching on any Advances, provided that all reasonable costs and expenses of the Borrower (including costs of counsel and advisors) incurred in connection with such amendment shall be borne by the requesting Lender(s), and provided further that (i) the Borrower shall not be required to enter into such amendment if it could reasonably be expected to have a material adverse effect on the payments, economics or obligations of the Borrower hereunder, and (ii) any Lender shall have the right to object to such tranching if it could reasonably be expected to have a material adverse effect on such Xxxxxx’s financial return on its Advances. Upon the exercise of such option to tranche or adjust tranching, the Borrower shall use commercially reasonable efforts cooperate with the Administrative Agent and the Lenders and any intended assignee(s) (if any) of any Lender, as may be reasonably requested by the Administrative Agent or any Lender, to effect the exercise of such option, including the issuance of an additional class of Advances that bear interest at a rate separate and apart from the then current interest rate, or Advance Rates separate and apart from the then current Advance Rates, or a new class of Advances having terms as may be reasonably determined by the Administrative Agent or any Lender, including through the issuance of replacement Loan Notes having terms (including changes to advance rates or margin) as may be reasonably requested by Administrative Agent or any Lender.

Appears in 2 contracts

Samples: Credit Agreement (Sunnova Energy International Inc.), Credit Agreement (Sunnova Energy International Inc.)

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Tranching of Advances. At the direction of Administrative Agent or any Lender upon reasonable prior written notice, the Borrower shall use commercially reasonable efforts to enter into an amendment to this Agreement, in form and substance reasonably satisfactory to the Borrower, for the purpose of tranching or adjusting the tranching on any Advances, provided that all reasonable costs and expenses of the Borrower (including costs of counsel and advisors) incurred in connection with such amendment shall be borne by the requesting Lender(s)Lenders, and provided further that (i) the Borrower shall not be required to enter into such amendment if it could reasonably be expected to have a material adverse effect on the payments, economics or obligations of the Borrower hereunder, and (ii) any Lender shall have the right to object to such tranching if it could reasonably be expected to have a material adverse effect on such Xxxxxx’s financial return on its Advances. Upon the exercise of such option to tranche or adjust tranching, the Borrower shall use commercially reasonable efforts cooperate with the Administrative Agent and the Lenders and any intended assignee(s) (if any) of any Lender, as may be reasonably requested by the Administrative Agent or any Lender, to effect the exercise of such option, including the issuance of an additional class of Advances that bear interest at a rate separate and apart from the then current interest rate, or Advance Rates separate and apart from the then current Advance Rates, or a new class of Advances having terms as may be reasonably determined by the Administrative Agent or any Lender, including through the issuance of replacement Loan Notes having terms (including changes to advance rates or margin) as may be reasonably requested by Administrative Agent or any Lender.

Appears in 1 contract

Samples: Credit Agreement (Sunnova Energy International Inc.)

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