Examples of Refusing Lender in a sentence
If more than one Lender under the same Facility wishes to acquire the Proposed Participation of the Refusing Lender, such Lenders shall acquire the Proposed Participation pro-rata to their existing Proposed Participations in the relevant Facility.
Any amount received by a Refusing Lender under this clause 2.7 (Adjustments by Lenders) shall be deemed to be a payment of sums owed by the relevant Borrower to the relevant Refusing Lender.
If any Lender does not consent in writing or respond to the Borrower's request then such Lender (a "Refusing Lender") shall be deemed to have rejected such request.
Amounts deposited into the L/C Cash Deposit Account pursuant to this Section 2.10(i) shall be made available to the Issuing Bank to the extent such Refusing Lender would have been required to make such amount available to the Issuing Bank in accordance with Section 2.10(f) if the Commitments of such Refusing Lender had not terminated on the relevant Maturity Date.
Upon such payment, (i) the 5-Year Commitments of each such Refusing Lender shall terminate, (ii) each such Refusing Lender shall cease to be a Lender hereunder and (iii) the 5-year Commitment shall be reduced by an amount equal to the aggregate Individual 5-Year Commitments of each such Refusing Lender.
For the avoidance of doubt, the other Lenders under the Uncommitted Facility shall have no obligation whatsoever to make available (part of) the requested Utilisation that would otherwise have been funded by the Refusing Lender.
Once all amounts owing to the Refusing Lender have been paid in full and the Refusing Lender has received the appropriate indemnifications with respect to any of its then outstanding Letters of Credit under Facility B, the Refusing Lender will enter into an Assignment in favour of the Agreeing Lender.
Any Lender (a "Refusing Lender") that does not confirm to the Agent and the Borrower within 7 days after receipt of such notice from the Borrower that it will make such Advance requested by the Borrower, may, in its sole discretion, refuse to provide such Advance.
Given the uncommitted character of the Uncommitted Facility, a Refusing Lender may refuse to fund any requested Utilisation even if the conditions set out in paragraph (b) below are complied with by the proposed Borrower(s).
If a Refusing Lender does not provide an Advance in connection with an acquisition described above, the Proportionate Share of any Advances made to finance such acquisition, shall be determined without reference to the Commitment of such Refusing Lender, provided that for certainty, no Lender shall be obligated to make or provide Advances in excess of its Commitment.