Disqualified Xxxxxx means any competitor of the Borrower identified in writing, prior to the Closing Date, by the Borrower to the Agent and any known Affiliate or successor thereof clearly identifiable on the basis of its name. The Borrower may from time to time update the list of Disqualified Xxxxxxx provided to the Agent prior to the Closing Date to (x) include identified Affiliates of Persons identified pursuant to the preceding sentence; provided that such updates shall not apply retroactively to disqualify parties that have previously acquired an assignment or participation interest in the Commitment, (y) with the consent of the Agent, to add competitors not previously identified on the list of Disqualified Lenders provided to the Agent prior to the Closing Date or (z) remove one or more Persons as Disqualified Lenders (in which case such removed Person or Persons shall no longer constitute Disqualified Lenders).
Disqualified Xxxxxx means any Person who is identified to the Administrative Agent in writing prior to the date hereof that is engaged in a Mastech competitive business; provided that, Borrowing Agent shall be permitted to supplement such list in writing to the Administrative Agent from time to time after the Closing Date to the extent that such supplemented Person (a) is an Affiliate of any Person identified as a Disqualified Lender prior to the Closing Date or (b) is or becomes, or Borrowing Agent hereafter learns that such Person is, engaged in a Mastech competitive business (or is an Affiliate of any such Person). Any supplement to the list of Disqualified Lenders shall become effective five (5) Business Days after delivery to the Administrative Agent. As used herein, “Mastech competitive business” means, as at any date of determination, the sale or attempted sale of any products or services which are the same as or similar to the products and services sold by any Loan Party or any of its Subsidiaries.
Disqualified Xxxxxx means, as of any date, any Person the Borrower identifies in writing as a “Disqualified Lender” by written notice delivered to the Administrative Agent prior to [***] = Certain information has been excluded from this exhibit because it is both not material and would likely cause harm to the company if publicly disclosed. the Closing Date. The Borrower may from time to time, by written notice delivered to the Administrative Agent, update the list of Disqualified Lenders provided to the Administrative Agent prior to the Closing Date to (a) include identified Affiliates of Persons identified pursuant to the preceding sentence, (b) add competitors not previously identified on the list of Disqualified Lenders provided to the Administrative Agent prior to the Closing Date; provided that such updates pursuant to the foregoing clauses (a) and (b) shall (i) not become effective until the date that is two (2) Business Days following the Administrative Agent’s receipt of such written notice and (ii) not apply retroactively to disqualify parties that have previously acquired an assignment or participation interest in the Loans and the Commitments prior to such date or (c) remove one or more Persons as Disqualified Lenders (in which case such removed Person or Persons shall no longer constitute Disqualified Lenders).
Examples of Disqualified Xxxxxx in a sentence
If no successor agent is appointed prior to the effective date of the resignation of the Administrative Agent, the Administrative Agent may appoint, after consulting with the Lenders and the Borrower, a successor agent from among the Lenders; provided, that in no event shall any such successor Administrative Agent be a Defaulting Lender or a Disqualified Xxxxxx.
More Definitions of Disqualified Xxxxxx
Disqualified Xxxxxx means, as of any date, any Person the Borrower identifies in writing as a “Disqualified Lender” by written notice delivered to the Administrative Agent prior to the Closing Date. The Borrower may from time to time, by written notice delivered to the Administrative Agent, update the list of Disqualified Lenders provided to the Administrative Agent prior to the Closing Date to (a) include identified Affiliates of Persons identified pursuant to the preceding sentence, (b) add competitors not previously identified on the list of Disqualified Lenders provided to the Administrative Agent prior to the Closing Date; provided that such updates pursuant to the foregoing clauses (a) and (b) shall (i) not become effective until the date that is two (2) Business Days following the Administrative Agent’s receipt of such written notice and (ii) not apply retroactively to disqualify parties that have previously acquired an assignment or participation interest in the Loans and the Commitments prior to such date or (c) remove one or more Persons as Disqualified Lenders (in which case such removed Person or Persons shall no longer constitute Disqualified Lenders).
Disqualified Xxxxxx shall exclude any Person identified by the Borrower as no longer being a “Disqualified Lender” by written notice to the Administrative Agent, and (iii) in no event shall the designation of any Person as a Disqualified Lender pursuant to the foregoing clause (b) apply (x) to disqualify any Person until three (3) Business Days after such Person shall have been identified in writing to the Administrative Agent via electronic mail submitted to XXXXX_Xxxxxxx@xxxxxxxx.xxx (or to such other address as the Administrative Agent may designate to the Borrower from time to time) (the “Designation Effective Date”), or (y) retroactively to disqualify any Person that, prior to the Designation Effective Date, has (1) acquired an assignment or participation interest under this Agreement or (2) entered into a trade to acquire an assignment or participation interest under this Agreement.