Declining Lender Notice definition

Declining Lender Notice a notice substantially in the form of Exhibit H.
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Declining Lender Notice as defined in Section 2.13(f).
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Declining Lender Notice has the meaning assigned to such term in Section 2.18 hereof.
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Examples of Declining Lender Notice in a sentence

  • For the avoidance of doubt, any Declining Lender shall remain obligated to fund Loans with respect to any Borrowing Notice delivered by the Borrower to the Administrative Agent prior to the delivery of the Declining Lender Notice by such Declining Lender.

  • Any Declining Lender Notice received by the Administrative Agent prior to 12:00 p.m. (New York City time) on any Business Day from any Declining Lender shall be effective with respect to such Declining Lender on the immediately succeeding Business Day and such Declining Lender shall not be required to fund any Revolving Credit Loans that are made pursuant to Borrowing Requests received by the Administrative Agent on or after such next Business Day.

  • The Administrative Agent shall promptly notify the Borrower and the other Lenders upon the receipt of any Declining Lender Notice.

  • With respect to any Conversion to Approving Lender Date, any Dollar Working Capital Facility Uncommitted Tranche Lender that has not provided a Declining Lender Notice to the Administrative Agent as of 10:00 a.m. on such date shall automatically, without any action on the part of any Person, be deemed an “Approving Lender” with respect to such Conversion to Approving Lender Date.

  • Unless Administrative Agent shall have received a Declining Lender Notice pursuant to and in accordance with Section 2.18 in respect of any Loan, the Administrative Agent may assume that such Lender has made such share available on such date in accordance with Section 2.4(a) and may, in reliance upon such assumption but without any obligation to do so, make available to the Borrower a corresponding amount.

  • If any Lender provides the Administrative Agent with a Declining Lender Notice (pursuant to the terms hereof), the Administrative Agent shall promptly notify the Borrower that one or more of the Lenders have elected not to fund further borrowings.

  • In such event, from the Business Day following receipt of any Declining Lender Notice by the Administrative Agent (each, a “Conversion to Approving Lenders Funding Date”) forward all subsequent Loans, shall be made unilaterally by the Approving Lenders and no Loans thereafter made shall be participated in by the Declining Lenders.

  • If the New Letter of Credit has not been issued by the end of the Declining Lender Notice Period, Clause 4.5(b) shall apply (on the assumption, if not the case, that a Substitute Lender has not been found by the time specified in Clause 4.4(a)) and the Agent shall promptly deliver a Lloyd’s Termination Notice (in accordance with Clause 4.3 (Declining Lender Mechanics)).

  • If any Declining Lender delivers a Termination Request, the Account Party may designate by the date which falls no later than two Business Days before the end of the corresponding Declining Lender Notice Period an Approved Credit Institution (which may be an existing Lender or Lenders) (the Substitute Lender) which is willing to assume all of the rights and obligations of the Declining Lender in respect of its participation in the relevant Letter of Credit (the Old Letter of Credit).

  • If such Declining Lender Notice is given by the Company, the applicable Borrower shall make such prepayment and the payment amounts specified in such notice shall be due and payable on the date specified therein.


More Definitions of Declining Lender Notice

Declining Lender Notice a notice substantially in the form of Annex V. “Default”: any of the events specified in Section 9.1, whether or not any requirement for the giving of notice, the lapse of time, or both, has been satisfied. “Defaulting Lender”: at any time, any Lender that (a) within two (2) Business Days of when due, has failed to fund any portion of any Working Capital Facility Loan, Acquisition Facility Loan, Swing Line Loan, Refunded Swing Line Loan, Dollar Swing Line Participation Amount, Multicurrency Swing Line Participation Amount or L/C Participation Obligation (or any participation in the foregoing) to, as applicable, any Borrower, the Administrative Agent, any Swing Line Lender or any Issuing Lender required pursuant to the terms of this Agreement to be funded by such Lender, or has notified the Administrative Agent that it does not intend to do so unless such Lender notifies the Administrative Agent in writing that such failure is the result of such Lender’s determination that one or more conditions precedent to funding (each of which conditions precedent, together with any applicable Default, shall be specifically identified in writing) has not been satisfied; or (b) notified any Borrower, the Administrative Agent, any Issuing Lender, or any Lender in writing that it does not intend to comply with any of its funding obligations under this Agreement (unless such writing states that such position is based on such Lender’s determination that a condition precedent to funding (which condition precedent, together with any applicable Default, shall be specifically identified in writing) cannot be satisfied) or has made a public statement to the effect that it does not intend to comply with its funding obligations under this Agreement or under other agreements generally in which it commits to extend credit; or (c) failed, within three (3) Business Day after request by the Administrative Agent or the U.S. Borrower, to confirm that it will comply with the terms of this Agreement relating to any of its obligations to fund prospective Working Capital Facility Loans, Acquisition Facility Loans, Swing Line Loans, Refunded Swing Line Loans, Dollar Swing Line Participation Amounts, Multicurrency Swing Line Participation Amounts or L/C Participation Obligations; or (d) otherwise failed to pay over to the Administrative Agent, any Issuing Lender, or any other Lender any other amount required to be paid by it hereunder within one (1) Business Day of the date when due, unless the...
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Declining Lender Notice a notice substantially in the form of Annex V.
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Declining Lender Notice a notice substantially in the form of Annex V. “Default”: any of the events specified in Section 9.1, whether or not any requirement for the giving of notice, the lapse of time, or both, has been satisfied. USActive 56005294.956005294.16- 42-
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Related to Declining Lender Notice

  • Declining Lender has the meaning specified in Section 2.05(c).

  • Extending Lender shall have the meaning assigned to such term in Section 2.21(e).

  • Discount Prepayment Accepting Lender has the meaning set forth in Section 2.05(a)(v)(B)(2).

  • Extending Lenders has the meaning specified in Section 2.08.

  • Additional Commitment Lender shall have the meaning provided in Section 2.15(c).

  • Extending Revolving Lender shall have the meaning given to such term in Section 2.22(a)(iii).

  • Commitment Increase Notice as defined in Section 2.1(b).

  • 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.

  • Non-Extending Lender has the meaning specified in Section 2.18(b).

  • Most Favored Lender Notice means, in respect of any More Favorable Covenant, a written notice to each of the holders of the Notes delivered promptly, and in any event within twenty Business Days after the inclusion of such More Favorable Covenant in any Material Credit Facility (including by way of amendment or other modification of any existing provision thereof) from a Responsible Officer referring to the provisions of this Section 9.8 and setting forth a reasonably detailed description of such More Favorable Covenant (including any defined terms used therein) and related explanatory calculations, as applicable.

  • Lender Participation Notice has the meaning specified in Section 2.05(d)(iii).

  • Increasing Lender has the meaning specified in Section 2.18(b).

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

  • Revolving Commitment Increase Lender has the meaning specified in Section 2.14(a).

  • Refinancing Revolving Lender has the meaning assigned to such term in Section 2.26(a).

  • Consenting Lender has the meaning specified in Section 2.19(b).

  • Non-Accepting Lender has the meaning assigned to such term in Section 2.24(c).

  • Notice of Loan Prepayment means a notice of prepayment with respect to a Loan, which shall be substantially in the form of Exhibit 2.05 or such other form as may be approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent), appropriately completed and signed by a Responsible Officer.

  • Exiting Lender see Section 2.17.7.

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

  • Accepting Lenders has the meaning specified in Section 2.24(a).

  • Requisite Revolving Lenders means Lenders having (a) more than 50% of the Revolving Loan Commitments of all Lenders, or (b) if the Revolving Loan Commitments have been terminated, more than 50% of the aggregate outstanding amount of the Revolving Loan.

  • Accepting Lender shall have the meaning assigned to such term in Section 2.11(e).

  • New Revolving Lender as defined in Section 2.24.

  • Additional Revolving Lender means any Lender with an Additional Revolving Credit Commitment or any Additional Revolving Credit Exposure.

  • Extending Revolving Credit Lender has the meaning set forth in Section 2.16(c).