Nonconsenting Bank definition

Nonconsenting Bank means any Bank, other than the Issuing Bank, that does not approve a consent, waiver or amendment to any Loan Document requested by ACE or the Administrative Agent and that requires the approval of all Banks under Section 8.01 (or all Banks directly affected thereby) when the Super-Majority Banks have agreed to such consent, waiver or amendment.
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Nonconsenting Bank see Section 13.2.
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Nonconsenting Bank means any Bank other than the Issuing Bank that does not approve a consent, waiver, or amendment to any Loan Document requested by the Company or the Administrative Agent and that requires the approval of all Banks under Section 9.01 (or all Banks directly affected thereby) at a time when the Required Banks have agreed to such consent, waiver, or amendment.
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Examples of Nonconsenting Bank in a sentence

  • Notwithstanding the foregoing, in the event that in connection with any amendment, modification or waiver more than one Bank is a Nonconsenting Bank, the Borrower may not require one Bank to assign its rights and obligations to a Substitute Bank unless all Nonconsenting Banks are required to make such an assignment.

  • Notwithstanding any Nonconsenting Bank's failure or refusal to assign its rights, obligations, Loans and Commitment under this Section 15.2, the Nonconsenting Bank shall cease to be a "Bank" for all purposes of this Agreement and the Substitute Bank substituted therefor upon payment to the Nonconsenting Bank by the Substitute Bank of all amounts set forth in this Section 15.2 without any further action of the Nonconsenting Bank.

  • PLEDGED BANK DEPOSITS/RESTRICTED BANK DEPOSITS/BANK BALANCES AND CASHPledged bank deposits and restricted bank deposits of the Group represent deposits placed in banks for the purpose to arrange banking facilities granted to the Group.

  • Notwithstanding the foregoing, (a) no Affected Bank or Non-consenting Bank shall be required to make any such transfer if, prior to receiving notice from the Obligors pursuant to this Clause 29.11, the circumstances entitling the Obligors to require such a transfer cease to apply, (b) no Non-consenting Bank shall be required to make any such transfer if at the time of such proposed transfer an Event of Default has occurred and is continuing, and (c) the Obligors shall have no right to replace the Agent.

  • Notwithstanding the foregoing, in the event that in connection with any amendment, modification or waiver more than one Bank is a Nonconsenting Bank, the Borrowers may not require one Bank to assign its rights and obligations to a Substitute Bank unless all Nonconsenting Banks are required to make such an assignment.

  • Notwithstanding the foregoing, (i) no Affected Bank or Nonconsenting Bank shall be required to make any such assignment if, prior to its receipt of the notice from ACE referred to in the foregoing sentence, as a result of a waiver or otherwise, the circumstances entitling ACE to require such assignment cease to apply, and (ii) no Nonconsenting Bank shall be required to make any such assignment if at the time of any such proposed assignment, any Default under this Agreement has occurred and is continuing.

  • If at any time a Bank becomes an Affected Bank or a Non-consenting Bank, the Obligors may, upon written notice to the Agent, replace such Affected Bank or Non-consenting Bank as a party to this Agreement with one or more Transferees that are acceptable to the Agent and that are willing to accept a transfer from such Affected Bank or Non-consenting Bank.


More Definitions of Nonconsenting Bank

Nonconsenting Bank shall have the meaning set forth in Section 15.2.
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Related to Nonconsenting Bank

  • Consenting Lender has the meaning specified in Section 2.19(b).

  • Consenting Lenders has the meaning specified in Section 2.13(b).

  • Non-Consenting Lender means any Lender that does not approve any consent, waiver or amendment that (a) requires the approval of all Lenders or all affected Lenders in accordance with the terms of Section 11.01 and (b) has been approved by the Required Lenders.

  • Non-Consenting Bank means any Bank that does not approve any consent, waiver or amendment that (a) requires the approval of each Bank or each affected Banks in accordance with the terms of Section 10.05 and (b) has been approved by the Required Banks.

  • Existing Lender were references to all the Lenders immediately prior to the relevant increase;

  • Non-Consenting Lenders has the meaning specified in Section 3.07(d).

  • Refinancing Lender has the meaning assigned to such term in Section 2.23(c).

  • Departing Lender means each lender under the Existing Credit Agreement that executes and delivers to the Administrative Agent a Departing Lender Signature Page.

  • Existing Lenders as defined in the recitals hereto.

  • Impacted Lender means a Defaulting Lender or a Lender as to which (a) the L/C Issuer or the Administrative Agent has a good faith belief that the Lender has defaulted in fulfilling its obligations under one or more other syndicated credit facilities or (b) an entity that Controls the Lender has been deemed insolvent or become subject to a bankruptcy or other similar proceeding.

  • Existing bank means a bank or national banking association that is a party to a consolidation agreement and is engaged in the business of banking before the consolidation or merger provided for in the consolidation agreement.

  • Exiting Lender see Section 2.17.7.

  • Subject Lender has the meaning assigned to that term in subsection 2.9.

  • Refinancing Lenders has the meaning specified in Section 2.15(c).

  • Augmenting Lender has the meaning assigned to such term in Section 2.20.

  • Committed Lender means, as to any Lender Group, each of the financial institutions listed on Schedule I as a “Committed Lender” for such Lender Group, together with its respective successors and permitted assigns.

  • Defaulting Lender means any Lender with respect to which a Lender Default is in effect.

  • Project Lender means a commercial bank, savings bank, savings and loan association, credit union or other financial institution that has loaned funds to the Developer to be used for construction of the Redevelopment Project and has secured such loan with a mortgage or security interest in the Redevelopment Project.

  • Assigning Lender means as specified in Section 13.8(b).

  • Originating Lender has the meaning specified therefor in Section 13.1(e) of the Agreement.

  • Continuing Lender means with respect to any event described in Section 2.08(b), a Lender which is not a Retiring Lender, and “Continuing Lenders” means any two or more of such Continuing Lenders.

  • Defaulting Bank means, at any time, subject to Section 2.18(d), (i) any Bank that has failed for two or more consecutive Business Days to comply with its obligations under this Agreement to make available its ratable portion of a Borrowing (each, a “funding obligation”), unless such Bank has notified the Agent and a Borrower in writing that such failure is the result of such Bank’s determination that one or more conditions precedent to funding has not been satisfied (which conditions precedent, together with the applicable default, if any, will be specifically identified in such writing), (ii) any Bank that has notified the Agent or a Borrower in writing, or has stated publicly, that it does not intend to comply with its funding obligations hereunder, unless such writing or statement states that such position is based on such Bank’s determination that one or more conditions precedent to funding cannot be satisfied (which conditions precedent, together with the applicable default, if any, will be specifically identified in such writing or public statement), (iii) any Bank that has, for three or more Business Days after written request of the Agent or a Borrower, failed to confirm in writing to the Agent and the Borrowers that it will comply with its prospective funding obligations hereunder (provided that such Bank shall cease to be a Defaulting Bank pursuant to this clause (iii) upon the Agent’s and the Borrowers’ receipt of such written confirmation), (iv) any Bank with respect to which a Bank Insolvency Event has occurred and is continuing with respect to such Bank or its Parent Company, or (v) any Bank that has become the subject of a Bail-In Action; provided that a Bank shall not be a Defaulting Bank solely by virtue of the ownership or acquisition of any equity interest in such Bank or its Parent Company by a Governmental Authority or an instrumentality thereof. Any determination by the Agent that a Bank is a Defaulting Bank under any of clauses (i) through (v) above will be conclusive and binding absent manifest error, and such Bank will be deemed to be a Defaulting Bank (subject to Section 2.18(d)) upon notification of such determination by the Agent to the Borrowers and the Banks. The Agent will promptly send to all parties hereto a copy of any notice to the Borrowers provided for in this definition.

  • Presenting bank means a bank presenting an item except a payor bank.

  • Lender has the meaning specified in the introductory paragraph hereto and, as the context requires, includes the Swing Line Lender.

  • Designating Lender has the meaning specified in Section 8.07(h).

  • Funding Lender means Citibank N.A., a national banking association, and any successor under this Funding Loan Agreement and the Borrower Loan Documents.