Defaulting Lenders definition

Defaulting Lenders means any Lender, as determined by the Administrative Agent, that has (a) failed to fund any portion of its Loans or participations in Letters of Credit or Swing Line Loans within three Business Days of the date required to be funded by it hereunder, (b) notified the Borrower, the Administrative Agent, the Issuing Lender, the Swing Line Lender or any Lender in writing that it does not intend to comply with any of its funding obligations under this Agreement 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 in which it commits to extend credit, (c) failed, within three Business Days after request by the Administrative Agent, to confirm that it will comply with the terms of this Agreement relating to its obligations to fund prospective Loans and participations in then outstanding Letters of Credit and Swing Line Loans, (d) otherwise failed to pay over to the Administrative Agent or any other Lender any other amount required to be paid by it hereunder within three Business Days of the date when due, unless the subject of a good faith dispute, or (e)(i) become or is insolvent or has a parent company that has become or is insolvent or (ii) become the subject of a bankruptcy or insolvency proceeding, or has had a receiver, conservator, trustee, administrator, assignee for the benefit of creditors or similar Person charged with reorganization or liquidation of its business or custodian, appointed for it, or has taken any action in furtherance of, or indicating its consent to, approval of or acquiescence in any such proceeding or appointment or has a parent company that has become the subject of a bankruptcy or insolvency proceeding, or has had a receiver, conservator, trustee, administrator, assignee for the benefit of creditors or similar Person charged with reorganization or liquidation of its business or custodian appointed for it, or has taken any action in furtherance of, or indicating its consent to, approval of or acquiescence in any such proceeding or appointment.

Defaulting Lenders has the meaning set forth in Section 2.6(b).

Defaulting Lenders. Same as the Existing Credit Agreement.

Examples of Defaulting Lenders in a sentence

• Without limiting the foregoing provisions of this Section 10.12, if and to the extent that the enforceability of any provisions in this Agreement relating to Defaulting Lenders shall be limited by Debtor Relief Laws, as determined in good faith by the Administrative Agent, the L/C Issuer or the Swing Line Lender, as applicable, then such provisions shall be deemed to be in effect only to the extent not so limited.

• Without limiting the foregoing provisions of this Section 11.12, if and to the extent that the enforceability of any provisions in this Agreement relating to Defaulting Lenders shall be limited by Debtor Relief Laws, as determined in good faith by the Administrative Agent, the L/C Issuer or the Swing Line Lender, as applicable, then such provisions shall be deemed to be in effect only to the extent not so limited.

• Without limiting the foregoing provisions of this Section 10.12, if and to the extent that the enforceability of any provisions in this Agreement relating to Defaulting Lenders shall be limited by Debtor Relief Laws, as determined in good faith by the Administrative Agent, then such provisions shall be deemed to be in effect only to the extent not so limited.

• Without limiting the foregoing provisions of this Section 11.12, if and to the extent that the enforceability of any provisions in this Agreement relating to Defaulting Lenders shall be limited by Debtor Relief Laws, as determined in good faith by the Administrative Agent, then such provisions shall be deemed to be in effect only to the extent not so limited.

• Without limiting the foregoing provisions of this Section 10.12, if and to the extent that the enforceability of any provisions in this Agreement relating to Defaulting Lenders shall be limited by Debtor Relief Laws, as determined in good faith by the Administrative Agent, any L/C Issuer or the Swing Line Lender, as applicable, then such provisions shall be deemed to be in effect only to the extent not so limited.

More Definitions of Defaulting Lenders

Defaulting Lenders shall have the meaning set forth in Section 14.5(b) hereof.

Defaulting Lenders means, singularly or collectively, as the context may require, each Defaulting Canadian Lender and each Defaulting U.S. Lender.

Defaulting Lenders any Lender that has failed or refused to fund a Loan or make an Advance when required to do so, as determined by the Administrative Agent in its reasonable discretion.

Defaulting Lenders has the meaning set forth in Section 9.14(a).

Defaulting Lenders. The Credit Documentation will contain customary “defaulting lender” provisions.

Defaulting Lenders means (i) any Secondary Lender that (a) defaults in its obligation to make any Advance pursuant to Section 2.02, or (b) in its capacity as a purchaser under the Asset Purchase Agreement, defaults in its obligation to purchase any interest in any Advance under the Asset Purchase Agreement, and (ii) any Direct Lender that defaults in its obligation to make any Advance pursuant to Section 2.02.

Defaulting Lenders. Section 1.01 of the Credit Agreement shall be amended by (a) deleting the word “or” appearing immediately before subclause (ii) of clause (e) the definition of the term “Defaulting Lender” and replacing it with a comma, and (b) inserting a new subclause (iii) of clause (e) of such definition immediately before the semi-colon appearing in such definition to read in full as “or (iii) become the subject of a Bail-In Action”.