Lender Swap Provider definition

Lender Swap Provider means any Lender or Affiliate of a Lender that is a party to a Swap Contract with the Borrower or any Subsidiary, in its capacity as party to such Swap Contract; provided, however, that in the event that such Person ceases to be a Lender or an Affiliate of a Lender, such Person shall no longer be a “Lender Swap Provider.”

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Lender Swap Provider means any (a) Person (i) that is a party to a Swap Agreement with the Borrower or any Restricted Subsidiary and (ii) that entered into such Swap Agreement while (or before, so long as such Person became a Lender or an Affiliate of a Lender after entering into such Swap Agreement) such Person was a Lender or an Affiliate of a Lender, whether or not such Person at any time ceases to be a Lender or an Affiliate of a Lender, as the case may be, or (b) assignee of any Person described in clause (a) above so long as such assignee is a Lender or an Affiliate of a Lender. For the avoidance of doubt, “Lender Swap Provider” shall include any Exiting Lender that is a party to a Swap Agreement with the Borrower or any Restricted Subsidiary that was entered into while such Exiting Lender was a “Lender” (under and as defined in the Existing Credit Agreement”) or an Affiliate of a “Lender” (under and as defined in the Existing Credit Agreement”).

Lender Swap Provider means any Lender or Affiliate of a Lender that is a party to a Swap Contract with the Borrower or any Guarantor, in its capacity as party to such Swap Contract; provided, however, that in the event that such Person ceases to be a Lender or an Affiliate of a Lender, such Person shall no longer be a “Lender Swap Provider.”

Examples of Lender Swap Provider in a sentence

• No Lender Swap Provider shall have any voting rights under this Agreement or any other Loan Document as a result of the existence of obligations owed to it under any such Lender Swap Agreements.

• A default shall occur under any Swap Agreement between a Lender Swap Provider and any Borrower or an Affiliate of any Borrower and such default shall continue unremedied beyond any grace or cure period therein provided.

• No Lender Swap Provider shall have any voting or consent rights under any Loan Paper as a result of the existence of obligations owed to it under any such Swap Agreements.

• Notwithstanding the foregoing, Obligations arising under Cash Management Agreements and Lender Swap Contracts shall be excluded from the application described above if the Administrative Agent has not received a Secured Party Designation Notice, together with such supporting documentation as the Administrative Agent may request, from the applicable Cash Management Bank or Lender Swap Provider, as the case may be.

• No Lender Swap Provider shall have any voting or consent rights under any Loan Document as a result of the existence of obligations owed to it under any such Swap Agreements.

• Each Cash Management Bank or Lender Swap Provider not a party to this Agreement that has given the notice contemplated by the preceding sentence shall, by such notice, be deemed to have acknowledged and accepted the appointment of the Administrative Agent pursuant to the terms of Article IX for itself and its Affiliates as if a “Lender” party hereto.

• 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.

• No Lender Swap Provider shall have any voting or consent rights under 181 any Loan Document as a result of the existence of obligations owed to it under any such Swap Agreements.

More Definitions of Lender Swap Provider

Lender Swap Provider means any (a) Person (i) that is a party to a Swap Agreement with the Borrower or any Restricted Subsidiary and (ii) that entered into such Swap Agreement while (or before, so long as such Person became a Bank or an Affiliate of a Bank after entering into such Swap Agreement) such Person was a Bank or an Affiliate of a Bank, whether or not such Person at any time ceases to be a Bank or an Affiliate of a Bank, as the case may be, or (b) assignee of any Person described in clause (a) above so long as such assignee is a Bank or an Affiliate of a Bank.

Lender Swap Provider means any (a) Person (i) that is a party to a Swap Agreement with the Borrower or any Restricted Subsidiary and (ii) that entered into such Swap Agreement while (or before, so long as such Person became a Lender or an Affiliate of a Lender after entering into such Swap Agreement) such Person was a Lender or an Affiliate of a Lender, whether or not such Person at any time ceases to be a Lender or an Affiliate of a Lender, as the case may be, or (b) assignee of any Person described in clause (a) above so long as such assignee is a Lender or an Affiliate of a Lender.

Lender Swap Provider means Lender or an Affiliate of Lender.

Lender Swap Provider means any Lender or Affiliate of a Lender that is a party to a Swap Contract with any Loan Party or any Restricted Subsidiary thereof, in its capacity as party to such Swap Contract; provided, however, that such Person shall no longer be a “Lender Swap Provider” if (a) such Person ceases to be a Lender or an Affiliate of a Lender or (b) the Commitments of all the Lenders hereunder have been terminated and all principal, interest and other amounts outstanding under this Agreement have been paid in full in cash (whether as a result of repayment at maturity, prepayment in connection with the refinancing of this Agreement or otherwise).