Dual Lender definition

Dual Lender means any Lender which has both a U.S. Commitment and a Canadian Commitment.

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Dual Lender means any Lender which has (either directly or through an Affiliate) both a U.S. Commitment and either a Canadian Commitment or a U.K. Commitment.

Dual Lender means any Lender which has both a U.S. Commitment and a Canadian Commitment or a combination of a U.S. Lender that has a U.S. Commitment and an affiliated Canadian Lender that has a Canadian Commitment.

Examples of Dual Lender in a sentence

• Any Dual Lender may agree with Borrowers to reallocate its existing U.S. Commitment and Canadian Commitment, so long as the sum of such U.S. Commitment and Canadian Commitment remains unchanged.

• Subject to agreement by the Borrowers, any Dual Lender may reallocate its existing U.S. Commitment and Canadian Commitment or U.K. Commitment, as the case may be, so long as the sum of such U.S. Commitment and Canadian Commitment or U.K. Commitment, as the case may be, remains unchanged.

• The U.S. Percentage of the U.S. Revolving Loan Commitment Amount of a U.S. RL Lender that is not a Dual Lender shall equal the maximum principal amount of U.S. Revolving Loans that such U.S. RL Lender would be required to make immediately prior to giving effect to a reallocation pursuant to this Section DIVIDED by the U.S. Revolving Loan Commitment Amount immediately after giving effect to the increase in the U.S. Revolving Loan Commitment Amount resulting from such reallocation.

• Upon (and as a condition to) a reallocation pursuant to this Section which increases the U.S. Revolving Loan Commitment Amount, the U.S. Borrower shall execute and deliver to each of the Dual Lenders a new U.S. Revolving Note to reflect the increased U.S. Revolving Loan Commitment of such Dual Lender.

• Any Dual Lender may agree with the Borrowers to reallocate its existing U.S. Commitment and Canadian Commitment, so long as the sum of such U.S. Commitment and Canadian Commitment remains unchanged.

• Upon (and as a condition to) a reallocation pursuant to this Section which increases the US Revolving Loan Commitment Amount, the US Borrower shall execute and deliver to each of the Dual Lenders a new US Revolving Note to reflect the increased US Revolving Loan Commitment of such Dual Lender.

• The US Percentage of the US Revolving Loan Commitment Amount of a US Lender that is not a Dual Lender shall equal the maximum principal amount of US Revolving Loans that such US Lender would be required to make immediately prior to giving effect to a reallocation pursuant to this Section divided by the US Revolving Loan Commitment Amount immediately after giving effect to the increase in the US Revolving Loan Commitment Amount resulting from such reallocation.

• Any Dual Lender may agree with Borrowers to reallocate its existing U.S. Commitment and Canadian Commitment or U.K. Commitment, as the case may be, so long as the sum of such U.S. Commitment and Canadian Commitment or U.K. Commitment, as the case may be, remains unchanged.

• Upon (and as a condition to) a reallocation pursuant to this Section which increases the UK Revolving Loan Commitment Amount, the UK Borrower shall execute and deliver to each of the Dual Lenders a new UK Revolving Note to reflect the increased UK Revolving Loan Commitment of such Dual Lender.

More Definitions of Dual Lender

Dual Lender means any Lender which has (either directly or through an Affiliate) both a U.S. Commitment and either a Canadian Commitment or a U.K. Commitment. EBITDA means, for any period, the sum of (without duplication, and without giving effect to any extraordinary losses or gains during such period) the following determined on a consolidated basis for U.S. Borrower and its Subsidiaries: (a) net income or deficit during such period, plus (b) to the extent deducted in determining net income: (i) income tax expense, (ii) interest expense, (iii) amortization, (iv) depreciation, (v) other non-cash and non-recurring items during such period, and (vi) non-cash retiree medical expenses. This calculation will be subject to pro forma adjustments for acquisitions and divestitures as if such acquisitions or divestitures occurred as of the beginning of the applicable period. Adjustments allowed pursuant to Article 11, Regulation S-X, of the Securities Act of 1933 will also be included in the calculation of EBITDA. Environmental Claim means any third party (including Governmental Authorities and employees) action, lawsuit, claim or proceeding (including claims or proceedings at common law or under the Occupational Safety and Health Act or similar laws relating to safety of employees) which seeks to impose liability for (i) noise; (ii) pollution, contamination, protection or clean-up of the air, surface water, ground water or land; (iii) solid, gaseous or liquid waste generation, handling, treatment, storage, disposal or transportation; (iv) exposure to Hazardous Substances; (v) the safety or health of employees or (vi) the manufacture, processing, distribution in commerce, use, discharge or storage of Hazardous Substances. An “Environmental Claim” includes, but is not limited to, a common law action, as well as a proceeding to issue, modify or terminate an Environmental Permit to the extent that such a proceeding attempts to redress violations of an applicable permit, license, or regulation as alleged by any Governmental Authority.