Examples of Exchanging Lender in a sentence
The Existing Tranche B Term Loans of each Non-Exchanging Lender and the Non-Allocated Existing Tranche B Term Loans of each Exchanging Lender shall be repaid in full in cash on the Fifth Amendment Effective Date, together with all accrued and unpaid interest on, and all other amounts owing in respect of, such Existing Tranche B Term Loans.
All accrued and unpaid interest on, and all other amounts owing in respect of, the Existing Tranche B Term Loans of each Exchanging Lender that are exchanged pursuant to this paragraph (d) (less the Exchanged Amount) shall be repaid in full in cash on the Fifth Amendment Effective Date.
The Existing Tranche B Term Loans of each Non-Exchanging Lender and the Non-Allocated Existing Tranche B Term Loans of each Exchanging Lender shall be repaid in full in cash on the First Amendment Effective Date, together with all accrued and unpaid interest on, and all other amounts owing in respect of, such Existing Tranche B Term Loans.
Notwithstanding anything to the contrary, pursuant to Section 4 of the Existing Credit Agreement Rollover Amendment, each Person that is an Exchanging Lender as of the date hereof is a party hereto as a Lender as of the date hereof.
All accrued and unpaid interest on, and all other amounts owing in respect of, the Existing Tranche B Term Loans of each Exchanging Lender that are exchanged pursuant to this paragraph (d) (less the Exchanged Amount) shall be repaid in full in cash on the First Amendment Effective Date.
The Issuer, the Guarantors, the Exchanging Lender and the Note Purchaser agree that it would not be just and equitable if contribution pursuant to this Section 9 were determined by pro rata allocation (even if the Exchanging Lender and Note Purchaser were treated as one entity for such purpose) or by any other method of allocation which does not take account of the equitable considerations referred to in this Section 9.
None of the Issuer, the Guarantors and their respective Affiliates (as defined below) have engaged the Exchanging Lender or the Note Purchaser to act as underwriter for any offering, distribution or sales of the Additional Securities.
The Exchanging Lender and the Note Purchaser, may, in their sole discretion, waive in writing the performance by the Issuer or any Guarantor of any one or more of the foregoing covenants or extend the time for their performance.
As soon as practicable upon delivery of such Definitive Notes and in no event more than one (1) business day after the Closing Date, the Issuer shall make payment of the Fees by wire transfer in immediately available funds to the account(s) specified by the Exchanging Lender on or prior to the date hereof to the Issuer.
The obligations of the Exchanging Lender and Note Purchaser to contribute pursuant to this Section 9 are several, and not joint.