Common use of Waiver of Repayment Clause in Contracts

Waiver of Repayment. Notwithstanding anything to the contrary contained above, if one or more Lenders holding C Facility Outstandings waives its right to receive all or any part of any Waivable Voluntary Repayment, but less than all the Lenders holding the respective C Facility Outstandings waive in full their right to receive 100 per cent. of the total payment otherwise required with respect to the respective C Facility Outstandings, then of the amount actually applied to the repayment of the respective C Facility Outstandings of Lenders which have waived in part, but not in full, their right to receive 100 per cent. of such repayment, such amount shall be applied to each C Facility Advance of the respective C Facility Outstandings on a pro rata basis (so that each Lender holding C Facility Outstandings shall, after giving effect to the application of the respective repayment, maintain the same percentage (as determined for such Lender, but not the same percentage as the other Lenders hold and not the same percentage held by such Lender prior to repayment) of each C Facility Advance which remains outstanding after giving effect to such application). For the avoidance of doubt any amount to be applied in accordance with this paragraph shall only apply to such portion (if any) of the C Facility Outstandings which such C Facility Lender has not waived.

Appears in 2 contracts

Samples: Senior Facilities Agreement (Moore Labels Inc), Conformed Copy (Buhrmann Nv)

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Waiver of Repayment. Notwithstanding anything to the contrary contained above, if one or more Lenders holding C D Facility Outstandings waives its right to receive all or any part of any Waivable Voluntary Repayment, but less than all the Lenders holding the respective C D Facility Outstandings waive in full their right to receive 100 per cent. of the total payment otherwise required with respect to the respective C D Facility Outstandings, then of the amount actually applied to the repayment of the respective C D Facility Outstandings of Lenders which have waived in part, but not in full, their right to receive 100 per cent. of such repayment, such amount shall be applied to each C D Facility Advance of the respective C D Facility Outstandings on a pro rata basis (so that each Lender holding C D Facility Outstandings shall, after giving effect to the application of the respective repayment, maintain the same percentage (as determined for such Lender, but not the same percentage as the other Lenders hold and not the same percentage held by such Lender prior to repayment) of each C D Facility Advance which remains outstanding after giving effect to such application). For the avoidance of doubt any amount to be applied in accordance with this paragraph shall only apply to such portion (if any) of the C D Facility Outstandings which such C D Facility Lender has not waived.

Appears in 2 contracts

Samples: Agreement (Buhrmann Nv), Senior Facilities Agreement (Corporate Express N.V.)

Waiver of Repayment. Notwithstanding anything to the contrary contained above, if one or more Lenders holding C D Facility Outstandings waives its right to receive all or any part of any Waivable Voluntary Mandatory Repayment, but less than all the Lenders holding the respective C D Facility Outstandings waive in full their right to receive 100 per cent. of the total payment otherwise required with respect to the respective C D Facility Outstandings, then of the amount actually applied to the repayment of the respective C D Facility Outstandings of Lenders which have waived in part, but not in full, their right to receive 100 per cent. of such repayment, such amount shall be applied to each C D Facility Advance of the respective C D Facility Outstandings Outstandings, on a pro rata basis (so that each Lender holding C D Facility Outstandings shall, after giving effect to the application of the respective repayment, maintain the same percentage (as determined for such Lender, but not the same percentage as the other Lenders hold and not the same percentage held by such Lender prior to repayment) of each C D Facility Advance which remains outstanding after giving effect to such application). For the avoidance of doubt any amount to be applied in accordance with this paragraph shall only apply to such portion (if any) of the C D Facility Outstandings which such C D Facility Lender has not waived.

Appears in 2 contracts

Samples: Agreement (Buhrmann Nv), Senior Facilities Agreement (Corporate Express N.V.)

Waiver of Repayment. Notwithstanding anything to the contrary contained above, if one or more Lenders holding C Facility Outstandings waives its right to receive all or any part of any Waivable Voluntary Mandatory Repayment, but less than all the Lenders holding the respective C Facility Outstandings waive in full their right to receive 100 per cent. of the total payment otherwise required with respect to the respective C Facility Outstandings, then of the amount actually applied to the repayment of the respective C Facility Outstandings of Lenders which have waived in part, but not in full, their right to receive 100 per cent. of such repayment, such amount shall be applied to each C Facility Advance of the respective C Facility Outstandings Outstandings, on a pro rata basis (so that each Lender holding C Facility Outstandings shall, after giving effect to the application of the respective repayment, 100 maintain the same percentage (as determined for such Lender, but not the same percentage as the other Lenders hold and not the same percentage held by such Lender prior to repayment) of each C Facility Advance which remains outstanding after giving effect to such application). For the avoidance of doubt any amount to be applied in accordance with this paragraph shall only apply to such portion (if any) of the C Facility Outstandings which such C Facility Lender has not waived.

Appears in 1 contract

Samples: Senior Facilities Agreement (Moore Labels Inc)

Waiver of Repayment. Notwithstanding anything to the contrary contained above, if one or more Lenders holding C Facility Outstandings waives its right to receive all or any part of any Waivable Voluntary Mandatory Repayment, but less than all the Lenders holding the respective C Facility Outstandings waive in full their right to receive 100 per cent. of the total payment otherwise required with respect to the respective C Facility Outstandings, then of the amount actually applied to the repayment of the respective C Facility Outstandings of Lenders which have waived in part, but not in full, their right to receive 100 per cent. of such repayment, such amount shall be applied to each C Facility Advance of the respective C Facility Outstandings Outstandings, on a pro rata basis (so that each Lender holding C Facility Outstandings shall, after giving effect to the application of the respective repayment, maintain the same percentage (as determined for such Lender, but not the same percentage as the other Lenders hold and not the same percentage held by such Lender prior to repayment) of each C Facility Advance which remains outstanding after giving effect to such application). For the avoidance of doubt any amount to be applied in accordance with this paragraph shall only apply to such portion (if any) of the C Facility Outstandings which such C Facility Lender has not waived.

Appears in 1 contract

Samples: Conformed Copy (Buhrmann Nv)

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Waiver of Repayment. Notwithstanding anything to the contrary contained above, if one or more Lenders holding C B Facility Outstandings waives its right to receive all or any part of any Waivable Voluntary Mandatory Repayment, but less than all the Lenders holding the respective C B Facility Outstandings waive in full their right to receive 100 per cent. of the total payment otherwise required with respect to the respective C B Facility Outstandings, then of the amount actually applied to the repayment of the respective C B Facility Outstandings of Lenders which have waived in part, but not in full, their right to receive 100 per cent. of such repayment, such amount shall be applied to each C B Facility Advance of the respective C B Facility Outstandings on a pro rata basis (so that each Lender holding C B Facility Outstandings shall, after giving effect to the application of the respective repayment, maintain the same percentage (as determined for such Lender, but not the same percentage as the other Lenders hold and not the same percentage held by such Lender prior to repayment) of each C B Facility Advance which remains outstanding after giving effect to such application). For the avoidance of doubt any amount to be applied in accordance with this paragraph shall only apply to such portion (if any) of the C B Facility Outstandings which such C B Facility Lender has not waived.

Appears in 1 contract

Samples: Senior Facilities Agreement (Buhrmann Nv)

Waiver of Repayment. Notwithstanding anything to the contrary contained above, if one or more Lenders holding C B Facility Outstandings waives its right to receive all or any part of any Waivable Voluntary Repayment, but less than all the Lenders holding the respective C B Facility Outstandings waive in full their right to receive 100 per cent. of the total payment otherwise required with respect to the respective C B Facility Outstandings, then of the amount actually applied to the repayment of the respective C B Facility Outstandings of Lenders which have waived in part, but not in full, their right to receive 100 per cent. of such repayment, such amount shall be applied to each C B Facility Advance of the respective C B Facility Outstandings on a pro rata basis (so that each Lender holding C B Facility Outstandings shall, after giving effect to the application of the respective repayment, maintain the same percentage (as determined for such Lender, but not the same percentage as the other Lenders hold and not the same percentage held by such Lender prior to repayment) of each C B Facility Advance which remains outstanding after giving effect to such application). For the avoidance of doubt any amount to be applied in accordance with this paragraph shall only apply to such portion (if any) of the C B Facility Outstandings which such C B Facility Lender has not waived.

Appears in 1 contract

Samples: Senior Facilities Agreement (Buhrmann Nv)

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