Controlling Lenders definition

Controlling Lenders means, at any time, the Facility Agent and the Lenders that have more than 50% of the aggregate Percentages provided that the term “Controlling Lenders” shall include at least two Lenders that are not Affiliates, one of which may be the Facility Agent; provided, however, that if any Lender shall be a Defaulting Lender at such time, then each Lender’s Percentage, for purposes of this definition, shall be the percentage equal to a fraction the numerator of which is the amount of such Lender’s Commitment (or, in the event that such Lender’s Commitments have been terminated, such Lender’s outstanding Advances under that Commitment) and the denominator of which is the aggregate amount of the Commitments (or, in the event such Lender’s Commitments have been terminated, the aggregate amount of the outstanding Advances under those Commitments) of the Lenders (excluding in the numerator and the denominator such Defaulting Lender’s unfunded Commitments).
Controlling Lenders means (a) during the period commencing on the date hereof and continuing to and including the ABL Obligations Payment Notice Date, the ABL Lenders and (b) thereafter, the Term Lenders.
Controlling Lenders means, at any time, (1) if the Facility Agent is the sole Lender, the Facility Agent, and (2) if the Facility Agent is not the sole Lender, the Facility Agent (so long as the Facility Agent is a Lender with respect to at least 25% of the sum of the aggregate outstanding principal amount of Advances and the aggregate amount of unfunded Commitments at such time) and the Lenders that have more than 50% of the sum of the aggregate outstanding principal amount of Advances and the aggregate amount of unfunded Commitments at such time; provided, however, that if any Lender shall be a Defaulting Lender at such time, then the Advances and Commitments of such Defaulting Lender shall be disregarded for purposes of determining whether the consent of the Controlling Lenders has been obtained and such Defaulting Lender shall not constitute a Controlling Lender hereunder.

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.


More Definitions of Controlling Lenders

Controlling Lenders means (a) prior to an Event of Default and acceleration of the Loans, collectively (i) the Senior Lenders holding at least 66 2/3% of the aggregate outstanding principal amount of the Senior Loans and (ii) the Junior Lenders holding at least 66 2/3% of the aggregate outstanding principal amount of the Junior Loans, and (b) after an Event of Default and the acceleration of the Loans, (i) so long as an Appraisal Event has not occurred, the Junior Lenders holding at least 66 2/3% of the aggregate outstanding principal amount of the Junior Loans, and (ii) upon the occurrence of an Appraisal Event, the Senior Lenders holding at least 66 2/3% of the aggregate outstanding principal amount of the Senior Loans.
Controlling Lenders means the Lenders holding at least 66 2/3% of the aggregate outstanding principal amount of the Loans.
Controlling Lenders means, at any time, (i) if the Facility Agent is the sole Lender, the Facility Agent, (ii) if the Facility Agent and a Restricted Lender are the sole Lenders, the Facility Agent, and (iii) if the Facility Agent is not the sole Lender, the Facility Agent and the Lenders that have more than 50% of the aggregate Percentages, provided that at such time, the term “Controlling Lenders” shall include at least two Lenders that are not Affiliates, one of which may be the Facility Agent; provided, however, that if any Lender shall be a Defaulting Lender at such time, then each Lender’s Percentage, for purposes of this definition, shall be the percentage equal to a fraction the numerator of which is the amount of such Lender’s Commitment (or, in the event that such Lender’s Commitments have been terminated, such Xxxxxx’s outstanding Advances under that Commitment) and the denominator of which is the aggregate amount of the Commitments (or, in the event such Xxxxxx’s Commitments have been terminated, the aggregate amount of the outstanding Advances under those Commitments) of the Lenders (excluding in the numerator and the denominator such Defaulting Lender’s unfunded Commitments).
Controlling Lenders means, as of any date of determination, the Facility Agent, and if the Facility Agent is not the sole Lender, the Facility Agent and the Lenders that have more than 50% of the aggregate Percentages, so long as at least two of such Lenders are not Affiliates; provided, however, that if any Lender shall be a Defaulting Lender at such time, then each Lender’s Percentage, for purposes of this definition, shall be the percentage equal to a fraction the numerator of which is the amount of such Lender’s Commitment (or, in the event that such Lender’s Commitments have been terminated, such Lender’s outstanding Advances under that Commitment) and the denominator of which is the aggregate amount of the Commitments (or, in the event such Lender’s Commitments have been terminated, the aggregate amount of the outstanding Advances under those Commitments) of the Lenders (excluding in the numerator and the denominator such Defaulting Lender’s unfunded Commitments); provided, further, that solely for purposes of the definition ofRamp Period”, Controlling Lenders means all Lenders with a Commitment greater than or equal to $150,000,000.
Controlling Lenders means (a) so long as any Class A Loans remain outstanding or any Commitment to make Class A Loans is in effect, all of the Class A Lenders and (b) while no Class A Loans remain outstanding and no Commitment to make Class A Loans is in effect, all of the Class B Lenders. “Cost” means, with respect to each Scooter, an amount listed on Schedule VI corresponding to the model of such Scooter. Schedule VI shall be updated from time to time by agreement between the Borrower and the Controlling Lenders, including prior to each Credit Extension, to reflect any change in invoiced costs or tariffs applicable to, or book value of, each model of Scooter. “Covered Taxes” has the meaning set forth in Section 5.01(a)(ii). “Credit Extension” means the making of a Loan. “Credit Parties” has the meaning set forth in the preamble to this Agreement.

Related to Controlling Lenders

  • Existing Lenders has the meaning specified in the recitals hereto.

  • Consenting Lenders has the meaning specified in Section 2.13(b).

  • Extending Lenders has the meaning specified in Section 2.08.

  • Lenders means the Persons listed on Schedule 2.01 and any other Person that shall have become a party hereto pursuant to an Assignment and Assumption, other than any such Person that ceases to be a party hereto pursuant to an Assignment and Assumption.

  • Continuing Lenders as defined in the recitals hereto.

  • Identified Participating Lenders has the meaning set forth in Section 2.05(a)(v)(C)(3).

  • Requisite Revolving Lenders means Lenders having (a) more than 66 2/3% of the Revolving Loan Commitments of all Lenders, or (b) if the Revolving Loan Commitments have been terminated, more than 66 2/3% of the aggregate outstanding amount of the Revolving Loan.

  • Purchasing Lenders shall have the meaning set forth in Section 9.6(c).

  • Refinancing Lenders has the meaning specified in Section 2.15(c).

  • Supermajority Revolving Lenders means Lenders having (a) 80% or more of the Revolving Loan Commitments of all Lenders, or (b) if the Revolving Loan Commitments have been terminated, 80% or more of the aggregate outstanding amount of the Revolving Loan (with the Swing Line Loan being attributed to the Lender making such Loan) and Letter of Credit Obligations.

  • Majority Revolving Lenders at any time, (a) if only one Revolving Lender holds the Total Revolving Commitments at such time, such Revolving Lender, both before and after the termination of such Revolving Commitment; and (b) if more than one Revolving Lender holds the Total Revolving Commitment, at least two Revolving Lenders who hold more than 50% of the Total Revolving Commitments (including, without duplication, the L/C Commitments) or, at any time after the termination of the Revolving Commitments when such Revolving Commitments were held by more than one Revolving Lender, at least two Revolving Lenders who hold more than 50% of the Total Revolving Extensions of Credit then outstanding (including, without duplication, any L/C Disbursements that have not yet been reimbursed or converted into Revolving Loans at such time)); provided that the Revolving Commitments of, and the portion of the Revolving Loans and participations in L/C Exposure and Swingline Loans held or deemed held by, any Defaulting Lender shall be excluded for purposes of making a determination of Majority Revolving Lenders; provided further that a Lender and its Affiliates shall be deemed one Lender.

  • Bank Lenders means the lenders from time to time party to the Bank Credit Agreement.

  • Participating Lender has the meaning set forth in Section 2.05(a)(v)(C)(2).

  • Required Revolving Lenders means, as of any date of determination, Revolving Credit Lenders holding more than 50% of the sum of the (a) Total Revolving Credit Outstandings (with the aggregate amount of each Revolving Credit Lender’s risk participation and funded participation in L/C Obligations and Swing Line Loans being deemed “held” by such Revolving Credit Lender for purposes of this definition) and (b) aggregate unused Revolving Credit Commitments; provided that the unused Revolving Credit Commitment of, and the portion of the Total Revolving Credit Outstandings held or deemed held by, any Defaulting Lender shall be excluded for purposes of making a determination of Required Revolving Lenders.

  • Departing Lender means each lender under the Existing Credit Agreement that executes and delivers to the Administrative Agent a Departing Lender Signature Page.

  • Revolving Lenders means, as of any date of determination, Lenders having a Revolving Loan Commitment.

  • Qualifying Lenders has the meaning specified in Section 2.05(d)(iv).

  • Majority Revolving Credit Lenders means Revolving Credit --------------------------------- Lenders having at least 51% of the aggregate amount of the Revolving Credit Commitments or, if the Revolving Credit Commitments shall have terminated, Lenders holding at least 51% of the sum of (a) the aggregate unpaid principal amount of the Revolving Credit Loans plus (b) the aggregate amount of all Letter of Credit Liabilities.

  • Exiting Lender see Section 2.17.7.

  • Committed Lenders means, for any Lender Group, the Persons executing this Agreement in the capacity of a “Committed Lender” for such Lender Group (or an assignment hereof) in accordance with the terms of this Agreement.

  • Term Loan Lenders means the financial institutions from time to time parties hereto as lenders of the Term Loan.

  • Funding Lender means Citibank N.A., a national banking association, and any successor under this Funding Loan Agreement and the Borrower Loan Documents.

  • Required Revolving Credit Lenders means, at any date, Non-Defaulting Lenders holding a majority of the Adjusted Total Revolving Credit Commitment at such date (or, if the Total Revolving Credit Commitment has been terminated at such time, a majority of the Revolving Credit Exposure (excluding Revolving Credit Exposure of Defaulting Lenders) at such time).

  • Revolving Facility Lender means a Lender (including an Incremental Revolving Facility Lender) with a Revolving Facility Commitment or with outstanding Revolving Facility Loans.

  • Majority Revolving Credit Facility Lenders the Majority Facility Lenders in respect of the Revolving Credit Facility.

  • Existing Lender were references to all the Lenders immediately prior to the relevant increase;