Lender Exposure means any one or more of the following: (i) the Loan is in violation of Legal Requirements, or (ii) the Project or any other collateral for the Loan or any portion thereof (including the Rents (as defined in the Mortgage) or other income to be derived therefrom) is subject to forfeiture or to being frozen, seized, sequestered or otherwise impaired by a Governmental Authority, or (iii) the Loan or any payments made or to be made in respect thereof (including principal and interest) is subject to forfeiture or to being frozen, seized, sequestered or otherwise impaired by a Governmental Authority or (iv) Lender or any of its collateral for the Loan or the Lien priority thereof or Lender’s rights or remedies in respect of the Loan or the collateral therefor is otherwise impaired or adversely affected, or (v) Lender, its affiliates and its or their respective directors, officers, employees, attorneys, agents, advisors, participants, successors and assigns is subject to criminal or civil liability or penalty.

Lender Exposure of any Lender at any time shall be an amount equal to the sum of its Tranche A Lender Exposure and its Tranche A-1 Lender Exposure.

Lender Exposure means for any Lender such Lender’s pro rata portion of the outstanding Bank Obligations (including L/C Exposure) under the Bank Credit Agreement.

Examples of Lender Exposure in a sentence

The Administrative Agent, acting solely for this purpose as a non-fiduciary agent of the Parent Borrower, shall maintain at the Administrative Agent’s Office a copy of each Assignment and Assumption delivered to it and a register for the recordation of the names and addresses of the Lenders, and the Commitments of, and principal amounts of the Loans, FCI Issuing Lender Exposure, and LC Exposure owing to, each Lender pursuant to the terms hereof from time to time (the “Register”).
So long as there is a Defaulting Lender, the Swing Line Lender shall not be obligated to make a Swing Line Loan to the extent that the sum of the Individual U.S. Facility Lender Exposure of the Non-Defaulting Lenders after giving effect to such Swing Line Loan would exceed the aggregate U.S. Facility Commitments of such Non-Defaulting Lenders.
Subject to the terms and conditions hereof and the payment in full of the other Existing Obligations, the Lenders agree to restructure $479,000,000 of the Term Loans (as defined in the Existing Credit Agreement) into term loans (the “Loans”) on the Effective Date, which Loans shall be allocated pro rata based on each Lender’s Lender Exposure Percentage.
To the extent the amount of any such cash collateral exceeds the then current amount of all L/C Lender Exposure and so long as no Event of Default has occurred and is continuing, the excess shall be refunded to the Borrowers.
If, after giving effect to such reduction, the aggregate L/C Lender Exposure exceeds the Aggregate L/C Commitments, the Borrowers shall Cash Collateralize or provide backstop Satisfactory Letters of Credit in respect of such excess in accordance with Section 3.11.

More Definitions of Lender Exposure

Lender Exposure means, as of any date of determination, for any Lender, the sum, without duplication, of (a) the Total Outstandings of such Lender as of such date and (b) the Revolving Availability of such Lender as of such date; provided, that, if (1) a Bankruptcy Proceeding with respect to the Company has been commenced, (2) any of the Senior Secured Obligations have been accelerated (which acceleration has not been rescinded) and the Collateral Agent shall have received notice of such acceleration, (3) such Lender has terminated its Revolving Commitment or (4) a Default or Event of Default under the Credit Agreement shall exist and such Lender shall not have, concurrently with its delivery of any instructions to the Collateral Agent, acknowledged in writing its willingness to continue to fund borrowing requests by the Company (or, if such Lender is also the L/C Issuer, its willingness to issue Letters of Credit requested by the Company) and otherwise extend credit, in each case, in accordance with the Credit Agreement, then “Lender Exposure” shall mean, as of such date of determination, for such Lender, such Lender’s Total Outstandings as of such date.

Lender Exposure means, as of any date of determination, for any Lender, the sum, without duplication, of such Lender’s pro rata portion of the Aggregate Commitments; provided that if a Liquidity Event shall exist or the Commitments under the Bank Credit Agreement shall have expired or been terminated or, as of such date, the Lenders are currently refusing to make any advance requested under the Bank Loan Documents (or any notice has been given and has not been withdrawn or revoked by the Administrative Agent or the Lenders that any request for such an advance will not be honored), then “Lender Exposure” shall mean for any Lender such Lender’s pro rata portion of the outstanding Bank Obligations (including L/C Exposure) under the Bank Credit Agreement.

Lender Exposure with respect to any Lender at any time, an amount equal to the aggregate then unpaid principal amount of such Lender’s Loans, as set forth opposite such Lender’s name on Schedule 1.1A or in the Assignment and Assumption pursuant to which such Lender became a party hereto, as the same may be changed from time to time pursuant to the terms hereof.

Lender Exposure means, as of any date of determination, the Aggregate Commitments; provided that if a Liquidity Event shall exist or the Commitments under the Bank Credit Agreements shall have expired or been terminated or, as of such date, the Lenders are currently refusing to make any advance requested under the Bank Loan Documents (or any notice has been given and has not been withdrawn or revoked by the Administrative Agent, the Mexican Agent, the Domestic Facility Lenders or the Mexican Facility Lenders that any request for such an advance will not be honored), then “Lender Exposure” shall mean the outstanding Bank Obligations (including L/C Exposure) under the Bank Credit Agreements.

Lender Exposure means the outstanding Bank Obligations (including L/C Exposure) under the Bank Credit Agreements.

Lender Exposure means, as of any date of determination, for any Lender, the sum, without duplication, of such Lender’s pro rata portion of the Aggregate Commitments; provided that if a Liquidity Event shall exist or the Commitments under the Bank Credit Agreements shall have expired or been terminated or, as of such date, the Lenders are currently refusing to make any advance requested under the Bank Loan Documents (or any notice has been given and has not been withdrawn or revoked by the Administrative Agent, the Mexican Agent, the Domestic Lenders or the Mexican Facility Lenders that any request for such an advance will not be honored), then “Lender Exposure” shall mean for any Lender such Lender’s pro rata portion of the outstanding Bank Obligations (including L/C Exposure) under the Bank Credit Agreements.

Lender Exposure definition

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