Examples of Controlling Lenders in a sentence
If the Facility Agent shall resign or be removed pursuant to this Section 11.05(a), then the Controlling Lenders, during such thirty- or fifteen-day period (as applicable), shall appoint a successor agent.
Notwithstanding anything to the contrary herein, in the performance of its obligations hereunder, the Borrower may enter into any amendment or waiver of or supplement to any Collateral Obligation; provided that the prior written consent of the Controlling Lenders to any such amendment, waiver or supplement shall be required if an Event of Default has occurred and is continuing or would result from such amendment, waiver or supplement.
If the Collateral Agent shall be in material breach of its obligations hereunder, the Controlling Lenders may, following a period of fifteen days during which the Collateral Agent may cure such breach, remove the Collateral Agent upon notice to the Borrower, the Collateral Manager, the Lenders and the Agents.
If the Collateral Agent shall resign or be removed pursuant to this Section 11.05(a), then the Facility Agent (at the direction of the Controlling Lenders), during such thirty- or fifteen -day period (as applicable), shall appoint a successor agent.
Except as otherwise provided in this Agreement, it shall not amend, change, waive or otherwise modify, or take any action inconsistent with, any of its Constituent Documents or any Facility Document without the consent of the Facility Agent and the Controlling Lenders.
The Non- Controlling Lenders clearly contemplated an “improper use by the Agent of the credit bid to the detriment of the Non-Controlling Lender Group” when they signed a waiver with that language included.
Stmt., ¶ 28.) In support of that argument, the Non- Controlling Lenders cited Federal Rule of Bankruptcy Procedure 3017(d), which requires solicitation to follow immediately upon approval of the disclosure statement.
The Non- Controlling Lenders failed to put forth any argument at the hearing as to whether the proposed SIF class could constitute an impaired accepting class, and the Court did not believe that Class 3A-B would satisfy the requirements of section 1129(a)(10).Regarding Class 3B-B, it is not clear whether the Non-Controlling Lenders ever intended that class to be an accepting impaired class.
Id. at ¶ 31.Late in the second day, the Debtors’ senior financial advisor from Capstone Advisory Group, LLC (“Capstone”), Robert Manzo (“Manzo”), approached representatives of the Non- Controlling Lenders and their counsel and advised that it was his belief that certain of the third- party qualified bidders at the Auction would provide more competitive bids if they were permitted to submit joint bids.
Twelve bidders attended, plus representatives of the Non- Controlling Lenders.