Delaying Lender definition

Delaying Lender. As defined in Section 2.3(c).
Sample 1Sample 2Sample 3
Delaying Lender has the meaning assigned to that term in Section 2.02(e) of the Credit Agreement.
Sample 1Sample 2
Delaying Lender. The meaning specified in Section 301(m)(2). “Deposit Accounts”: Any deposit accounts, as such term is defined in the UCC. “Designated Delay Lender”: Any Lender that shall have delivered a written certification to the Borrower to the effect that (x) it has incurred charges under Basel III, or would incur charges as of such date under Basel III if it were not a Designated Delay Lender hereunder, in respect of 14
Sample 1

Examples of Delaying Lender in a sentence

  • On each Delayed Funding Date, the Delaying Lender shall fund an aggregate amount equal to the Delayed Amount for such Delayed Funding Date.

  • Each Lender agrees that, to the extent it is a Delaying Lender, such Lender will agree not to adversely select this transaction for delayed funding with respect to an Advance as compared to other similar transactions requesting advances at such time.

  • A Delaying Lender that fully funds such Delayed Amount on or before the applicable Delaying Funding Date will not constitute a Defaulting Lender solely due to its failure to fund its share of the requested Loan on the requested Funding Date.

  • A Designated Delay Funding Lender that delivers a Delayed Funding Notice specifying a Delayed Amount with respect to any Funding Date shall be referred to herein as a “Delaying Lender” with respect to such Funding Date, and any Lender Group containing a Delaying Lender shall be referred to as a “Delaying Lender Group” with respect to such Funding Date.

  • Actual business results may differ from the forecasts, depending on various factors.(References)1.

  • Except as otherwise provided in Section 301(m) for a Delaying Lender, the failure of any Lender or a member of its Related Group to make a Loan shall not impose an obligation on any other non- Defaulting Lender or member of its Related Group to make a Loan of such shortfall.

  • Except as otherwise provided in Section 301(m) for a Delaying Lender, the failure of any Lender or a member of its Related Group to make a Loan shall not impose an obligation on any other non-Defaulting Lender or member of its Related Group to make a Loan of such shortfall.

  • A Lender that delivers a Delayed Funding Notice with respect to any Borrowing Date shall be referred to herein as a "Delaying Lender" with respect to such Borrowing Date.

  • Not later than 2:00 p.m. (New York time) on the proposed Funding Date of any Loan, and provided that each of the Lenders have been given notice of the Loan Request, each Lender that is not then a Delaying Lender will make available to the Administrative Agent, at the Administrative Agent’s Office, in immediately available funds, the amount of such Lender’s Commitment Percentage of the amount of the requested Loans.

  • Prior to a Delaying Lender funding its portion of any Delayed Amount, such Delaying Lender shall not be deemed to have advanced any portion of such Delayed Amount for purposes of interest or other calculations, and, prior to any reimbursement of such Delayed Amount, any Overfunding Lender shall be credited for such purposes with the principal amount of such Delayed Amount funded by such Overfunding Lender.


More Definitions of Delaying Lender

Delaying Lender. The meaning specified in Section 301(m)(2). “Deposit Accounts”: Any deposit accounts, as such term is defined in the UCC. “Designated Delay Lender”: Any Lender that shall have delivered a written certification to the Borrower to the effect that (x) it has incurred charges under Basel III, or would incur charges as of such date under Basel III if it were not a Designated Delay Lender hereunder, in respect of its Commitment, or the principal amount of its Loans, based on its “liquidity coverage ratio” under Basel III, which may include external charges incurred by such Lender or internal charges incurred by any business of such Lender managing such Lender’s Commitment and Pro Rata Share of the Aggregate Loan Principal Balance or its obligations hereunder, and (y) will exercise a similar right to delay funding in other transactions that are similar to the transactions contemplated by the Transaction Documents. For the avoidance of doubt, any Lender that delivers a written certification to the Borrower in accordance with the preceding sentence shall remain a Designated Delay Lender under this Agreement unless and until such Lender delivers written notice to the Borrower of such Lender’s decision to cease its treatment as a Designated Delay Lender. “Determination Date”: The third (3rd) Business Day prior to any Payment Date. “Direct Operating Expenses”: All direct expenses and costs, calculated on an accrual basis in accordance with GAAP, incurred in connection with the ownership, use and/or operation of a Managed Container, including but not limited to: (i) agency costs and expenses; (ii) depot fees, handling, and storage costs and expenses; (iii) survey, maintenance and repair expenses (including the actual or estimated cost of repairs to be made pursuant to a damage protection plan); (iv) repositioning expense (v) the cost of inspecting, marking and remarking such Managed Container; (vi) third-party fees for bankruptcy recovery; (vii) legal fees incurred in connection with enforcing rights under the leases of such Managed Container or repossessing such Managed Container; (viii) insurance expense; (ix) federal, state, local and foreign taxes, levies, duties, charges, assessments, fees, penalties, deductions or withholdings assessed, charged or imposed upon or against such Managed Container, including but not limited to ad valorem, 15
Sample 1
Delaying Lender. The meaning specified in Section 301(m)(2). “Deposit Accounts”: Any deposit accounts, as such term is defined in the UCC. “Designated Delay Lender”: Any Lender that shall have delivered a written certification to the Borrower to the effect that (x) it has incurred charges under Basel III, or would incur charges as of such date under Basel III if it were not a Designated Delay Lender hereunder, in respect of its Commitment, or the principal amount of its Loans, based on its “liquidity coverage ratio” under Basel III, which may include external charges incurred by such Lender or internal charges incurred by any business of such Lender managing such Lender’s Commitment and Pro Rata Share of the Aggregate Loan Principal Balance or its obligations hereunder, and (y) will exercise a similar right to delay funding in other transactions that are similar to the transactions contemplated by the Transaction Documents. For the avoidance of doubt, any Lender that delivers a written certification to the Borrower in accordance with the preceding sentence shall remain a Designated Delay Lender under this Agreement unless and until such Lender delivers written notice to the Borrower of such Lender’s decision to cease its treatment as a Designated Delay Lender. “Determination Date”: The third (3rd) Business Day prior to any Payment Date. “Direct Operating Expenses”: All direct expenses and costs incurred in connection with the ownership, use and/or operation of a Managed Container, including but not limited to: (i)
Sample 1
Delaying Lender has the meaning set forth in Section 2.03(f). “Depositary” means Wilmington Trust Company, or a successor thereto appointed pursuant to the Depository Agreement. “Depositary’s Office” means the Depositary’s address as set forth and identified as such in Schedule 11.01, or such other address as the Depositary may from time to time notify to the Agent, the Borrower and the Lenders. “Depository Account” means the Depository Account established by the Depositary pursuant to the Depository Agreement.
Sample 1
Delaying Lender shall have the meaning specified in Section 2.01.
Sample 1
Delaying Lender has the meaning set forth in Section 2.03(f). “Depositary” means Wilmington Trust Company, or a successor thereto appointed pursuant to the Depository Agreement. “Depositary’s Office” means the Depositary’s address as set forth and identified as such in Schedule 11.01, or such other address as the Depositary may from time to time notify to the Agent, the Borrower and the Lenders. “Depository Account” means the Depository Account established by the Depositary pursuant to the Depository Agreement. “Depository Agreement” means the Second Amended and Restated Depository Agreement, substantially in the form of Exhibit F hereto, dated as of the May 29, 2009, among the Borrower, the Agent, the Collateral Agent, the Manager and the Depositary. “Depreciated Appraised Value” means, with respect to any Portfolio Railcar at any time, an amount equal to the Appraised Value of such Portfolio Railcar minus the product of (a) the Monthly Depreciation with respect to such Portfolio Railcar (without regard to clause (b) of the definition of Monthly Depreciation, whether such Portfolio Railcar is subject to an Operating Lease or a Finance Lease) multiplied by (b) the number of Settlement Dates from and excluding the date of the then most recent Independent Appraisal with respect to such Portfolio Railcar to but including the date as of which the Depreciated Appraised Value with respect to such Portfolio Railcar is calculated. “Depreciated Purchase Price” means, with respect to any Portfolio Railcar at any time, an amount equal to the Original Purchase Price of such Portfolio Railcar minus the product of cumulative Monthly Depreciation with respect to such Portfolio Railcar (a) the Monthly Depreciation with respect to such Portfolio Railcar multiplied by (b) the number of Settlement Dates from the date the Borrower acquired such Portfolio Railcar to and including the date as of which the Depreciated Purchase Price with respect to such Portfolio Railcar is calculated. “Derivatives Agreement” means (i) any and all rate swap transactions, basis swaps, credit derivative transactions, forward rate transactions, commodity swaps, commodity options, forward commodity contracts, equity or equity index swaps or options, bond price or bond index swaps or options or forward bond or forward bond price or forward bond index transactions, interest rate options, forward foreign exchange transactions, cap transactions, floor transactions, collar transactions, currency swap transactions, cross...
Sample 1
Delaying Lender has the meaning given to such term in Section 2.02(e)(i).
Sample 1

Related to Delaying Lender

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

  • Notifying Lender has the meaning given in Clause 23.1 or Clause 24.1 as the context requires;

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

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

  • Selling Lender has the meaning specified in Section 11.7 (

  • Qualifying Lender has the meaning set forth in Section 2.05(a)(v)(D)(3).

  • New Revolving Lender as defined in Section 2.24.

  • Revolving Lender means a Lender with a Revolving Commitment or, if the Revolving Commitments have terminated or expired, a Lender with Revolving Exposure.

  • Extending Lenders has the meaning specified in Section 2.08.

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

  • Exiting Lender see Section 2.17.7.

  • Tax Lender has the meaning specified therefor in Section 14.2(a) of the Agreement.

  • 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).

  • Protesting Lender has the meaning specified in Section 9.09(a).

  • Assigning Lender means as specified in Section 13.8(b).

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

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

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

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

  • Assuming Lender has the meaning specified in Section 2.18(d).

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

  • Impacted Lender means any Lender as to which (a) L/C Issuer has a good faith belief that the Lender has defaulted in fulfilling its obligations under one or more other syndicated credit facilities or (b) an entity that controls the Lender has been deemed insolvent or become subject to a bankruptcy or other similar proceeding.

  • Purchasing Lender shall have the meaning set forth in Section 16.3(c) hereof.

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

  • Facility Lender Any lender(s) or tax equity financing party providing any Facility Debt and any successor(s) or assigns thereto, collectively.