RCF Lender definition
Examples of RCF Lender in a sentence
Each U.S. RCF Lender will make the proceeds of any U.S. RCF Loan made pursuant to the immediately preceding sentence available to the U.S. Administrative Agent for the account of the Swing Line Lender at the office of the U.S. Administrative Agent prior to 12:00 Noon, New York City time, in funds immediately available on the Business Day next succeeding the date on which the U.S. RCF Commitments expire or terminate, in Dollars.
Provided that the Company is in compliance with the restrictions set out in this Schedule, each Consenting Creditor that is an Existing RCF Lender agrees that, during the Restructuring Period, it will not object to withdrawals from the Non-Conflicted Account as provided for in Paragraph 1.11 (Non-Conflicted Account) pursuant to sup-paragraphs (iv)(B)(2)(z), (vii)(B)(2)(z) and (xv)(II)(2)(z) of clause 23.5(b) of the Existing RCF Agreement.
The RCF Agent hereby confirms that in entering into this Agreement it is acting on its own behalf and as the agent of each RCF Lender and that it is authorised by the terms of the RCF Agreement to enter into this Agreement for and on behalf of each RCF Lender from time to time and to bind each RCF Lender under and subject to the terms of this Agreement.
No creditor (other than a RCF Lender) shall be entitled to share in any of the Transaction Security or in the benefit of any provisions of this Agreement as a Credit Facility Lender unless such creditor (or, as the case may be, the trustee in relation to the debt securities held by such creditor) has acceded to this Agreement in accordance with paragraphs (a) or (b) above.
Upon receipt of any such notice, the Administrative Agent or the US Dual Currency RCF Agent, as the case may be, shall promptly notify each relevant US Dollar-Denominated Facility Lender or Dual Currency RCF Lender, as the case may be, thereof.
For the avoidance of doubt, the Backstop Commitment Percentages of the RCF Lender Backstop Parties in the aggregate shall be 2.427%] Exhibit A Amendment to the Backstop Agreement, dated January 22, 2021 See attached.
The Company shall not be required to effect more than (a) three (3) Underwritten Demands requested by RCF Lender Qualified Holders (together with any Underwritten Shelf Takedowns requested by RCF Lender Qualified Holders) and (b) five (5) Underwritten Demands requested by Senior Notes Qualified Holders (together with any Underwritten Shelf Takedowns requested by Senior Notes Qualified Holders and other Holders that are not RCF Lender Qualified Holders), in the aggregate.
Unless inconsistent with the context or contrary indication appears, references to the Facility Agent's written consent, approval of or any other similar action, decision or determination in this Agreement shall be to the Facility Agent acting on the instructions of the applicable Senior RCF Lender in accordance with the terms of the applicable Finance Documents.
Each RCF Lender shall, on request by the Issuing Lender, immediately pay to the Issuing Lender an amount equal to such Lender's Pro Rata Share of the amount paid by the Issuing Lender such that each Lender is participating in the deemed Base Rate Loan in accordance with its Pro Rata Share of the RCF Facility.
For the avoidance of doubt, each Consenting RCF Lender and each Consenting Noteholder, as applicable, shall only be bound under this Agreement to the extent of such Consenting RCF Lender’s or such Consenting Noteholder’s Company Claims/Interests set forth on such Consenting RCF Lender’s or such Consenting Noteholder’s signature page to this Agreement.