Lender Swap Contract definition
Examples of Lender Swap Contract in a sentence
Notwithstanding the foregoing, a Lender shall not be required to make any such assignment and delegation if such Lender (or its Affiliate) is a Swap Lender with any outstanding Lender Swap Contract, unless on the date thereof or prior thereto, all such Lender Swap Contracts have been terminated or novated to another Person and such Lender (or its Affiliate) shall have received payment of all amounts, if any, payable to it in connection with such termination or novation.
No Swap Lender shall have any voting rights under any Loan Document as a result of the existence of obligations owed to it under any such Lender Swap Contract, except with respect to Collateral to the extent, and only to the extent, set forth in the final paragraph of Section 11.01.
Each of the Guarantors hereby jointly and severally guarantees to each Lender, Swap Contract Provider or Treasury Management Bank, the L/C Issuer, and the Administrative Agent as hereinafter provided, as primary obligor and not as surety, the prompt payment of the Obligations in full when due (whether at stated maturity, as a mandatory prepayment, by acceleration, as a mandatory cash collateralization or otherwise) strictly in accordance with the terms thereof.
No Lender or any Affiliate of a Lender shall have any voting rights under any Loan Document as a result of the existence of obligations owed to it under any such Lender Swap Contract or Lender Forward Sales Contract.
No Swap Lender or Forward Sales Contract Party shall have any voting rights under any Loan Document as a result of the existence of obligations owed to it under any such Lender Swap Contract or Lender Forward Sales Contract.
No Guarantor shall exercise any right of subrogation, contribution or similar rights with respect to any payments it makes under this Guaranty so long as any part of the Guarantied Obligations shall remain unpaid, any Letter of Credit shall be outstanding, any Lender shall have any Commitment or any Swap Counterparty shall have any obligation under any Lender Swap Contract.
Notwithstanding the foregoing, the First Lien Administrative Agent and the First Lien Lenders shall retain any and all rights with respect to indemnification and other contingent obligations under the First Lien Loan Documents, Lender Swap Contracts and Treasury Management Agreements that are expressly stated to survive the termination of the First Lien Loan Documents, any Lender Swap Contract or any Treasury Management Agreement, as applicable.
The Administrative Agent shall not be deemed to have knowledge of any Lender Swap Contract unless it receives written notice from the Loan Parties or the Lender Swap Provider that is a party thereto, such notice to specify, as applicable, that such Lender Swap Provider is a “Lender Swap Provider” as herein defined and that such Lender Swap Contract is a “Lender Swap Contract” as herein defined.
The Administrative Agent shall not be deemed to have knowledge of any Lender Swap Contract unless it receives written notice from the Loan Parties or the Lender Swap Provider that is a party thereto, such notice to specify that such Lender Swap Provider is a “Lender Swap Provider” as herein defined and to specify that such Lender Swap Contract is a “Lender Swap Contract” as herein defined.