Confirming Lender definition

Confirming Lender means, with respect to any Lender, any other Person which is listed on the NAIC Approved Bank List that has agreed, by delivery of an agreement between such Lender and such other Person in substantially the form of Exhibit B or any other form satisfactory to the Administrative Agent, to honor the obligations of such Lender in respect of a draft complying with the terms of a Syndicated Letter of Credit or a Non-Syndicated Letter of Credit, as the case may be, as if, and to the extent, such other Person were the “issuing lender” (in place of such Lender) named in such Syndicated Letter of Credit or Non-Syndicated Letter of Credit, as the case may be.

Confirming Lender means, with respect to any Lender, any other Person which is listed on the NAIC Qualified U.S. Financial Institutions List that has agreed, by delivery of an agreement between such Lender and such other Person in substantially the form of Exhibit VI or any other form reasonably satisfactory to the Administrative Agent, to honor the obligations of such Lender in respect of a draft complying with the terms of a Syndicated Letter of Credit as if, and to the extent, such other Person were an “issuing bank” (in place of such Lender) named in such Syndicated Letter of Credit.

Confirming Lender means, with respect to any Lender, any other bank that has agreed, by delivery of an agreement in form and substance satisfactory to the Administrative Agent that such other bank will itself honor the obligations of such Lender in respect of a draft complying with the terms of a Syndicated Letter of Credit or a Non-Syndicated Letter of Credit, as the case may be, as if, and to the extent, such other bank were the "Issuing Lender" named in such Syndicated Letter of Credit or Non-Syndicated Letter of Credit, as the case may be.

Examples of Confirming Lender in a sentence

• Accordingly, in order to be a “NAIC Approved Bank” for the purposes of the Credit Agreement, the Issuing Lender hereby requests that you be a Confirming Lender with respect to the Issuing Lender for the purposes of the Credit Agreement and each Syndicated Letter of Credit and Non-Syndicated Letter of Credit issued or continued thereunder.

• At any time after the Effective Date in the event any Lender shall qualify as a NAIC Qualified U.S. Financial Institution hereunder by reason of entering into an agreement as contemplated hereby with a Confirming Lender which is a NAIC Qualified U.S. Financial Institution and such Confirming Lender ceases to be a NAIC Qualified U.S. Financial Institution, such Lender and such Confirming Lender shall promptly notify the Administrative Agent and the Borrower thereof.

• The Issuing Lender’s obligations to reimburse the Confirming Lender as provided in the foregoing sentence shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this letter agreement under any and all circumstances whatsoever, and irrespective of any event or circumstance of the type described in Section 2.11B of the Credit Agreement (or of any analogous event or circumstance relating to the undersigned).

• By its signature below, the Confirming Lender undertakes that it will honor the obligations of the Issuing Lender in respect of any draft drawn under and in strict compliance with the terms of any Syndicated Letter of Credit issued under the Credit Agreement as if, and to the extent, the Confirming Lender were the Issuing Lender under the relevant Syndicated Letter of Credit.

• Accordingly, in order to be a “NAIC Approved Bank” for the purposes of the Credit Agreement, the Issuing Lender hereby requests that you (the “Confirming Lender”) be a Confirming Lender with respect to the Issuing Lender for the purposes of the Credit Agreement and each Syndicated Letter of Credit issued thereunder.

• At any time after the Effective Date in the event any Lender shall qualify as a NAIC Approved Bank hereunder by reason of entering into an agreement as contemplated hereby with a Confirming Lender which is a NAIC Approved Bank and such Confirming Lender ceases to be a NAIC Approved Bank, such Lender and such Confirming Lender shall promptly notify the Administrative Agent and the Borrower thereof.

• The Confirming Lender further agrees that it will promptly notify in writing the Issuing Lender, the Administrative Agent and the Borrower if at any time after the date hereof your institution ceases to be a NAIC Approved Bank.

• The Confirming Lender agrees that, promptly upon the request of the Administrative Agent, it will furnish to the Administrative Agent such powers of attorney or other evidence as any beneficiary of any Syndicated Letter of Credit may reasonably request in order to demonstrate that the Administrative Agent has the power to act as attorney-in-fact for the Confirming Lender in connection with the execution and delivery of such Syndicated Letter of Credit.

• The Confirming Lender hereby represents that as of the date hereof it is listed on the most current List of Banks approved by the NAIC.

More Definitions of Confirming Lender

Confirming Lender means, with respect to any Lender, any other bank that has agreed, by delivery of an agreement in form and substance satisfactory to the Administrative Agent that such other bank will itself honor the obligations of such Lender in respect of a draft complying with the terms of a Syndicated Letter of Credit or a Non-Syndicated Letter of Credit, as the case may be, as if, and to the extent, such other bank were the "Issuing Lender" named in such Syndicated Letter of Credit or Non- Syndicated Letter of Credit, as the case may be.

Confirming Lender means, with respect to any Lender, any other bank that has agreed, by delivery of an agreement in form and substance satisfactory to the Administrative Agent, that such other bank will itself honor the obligations of such Lender in respect of a draft complying with the terms of a Syndicated Letter of Credit as if, and to the extent, such other bank were the "Issuing Lender" named in such Syndicated Letter of Credit.

Confirming Lender means, with respect to any Lender, any other Person which is listed on the NAIC Approved Bank List that has agreed, by delivery of an agreement between such Lender and such other Person in substantially the form of Exhibit D or any other form satisfactory to the Administrative Agent, to honor the obligations of such Lender in respect of a

Confirming Lender means, with respect to any Lender, any other Person which is listed on the NAIC Approved Bank List that has agreed, by delivery of an agreement between such Lender and such other Person in substantially the form of Exhibit D or any other form satisfactory to the Administrative Agent, to honor the obligations of such Lender in respect of a 364-DAY CREDIT AGREEMENT draft complying with the terms of a Syndicated Letter of Credit or a Non-Syndicated Letter of Credit, as the case may be, as if, and to the extent, such other Person were the "issuing lender" (in place of such Lender) named in such Syndicated Letter of Credit or Non-Syndicated Letter of Credit, as the case may be.

Confirming Lender means, with respect to any Lender, any other bank that has agreed, by delivery of an agreement in form and substance satisfactory to the Administrative Agent that such other bank will itself honor the obligations of such Lender in respect of a draft complying with the terms of a Syndicated Letter of Credit or a Non-Syndicated Letter of Credit, as the case

Confirming Lender means each Lender that delivered a signature page to Amendment No. 15 designating itself as a “Confirming Lender” on or prior to the Amendment No. 15 Effective Date and any other Person that shall have become a party hereto pursuant to an Assignment and Assumption where a Confirming Lender is the assignor thereunder.