Required FILO Lenders means, at any time, FILO Term Loan Lenders having FILO Term Loan Commitments and FILO Term Loans outstanding that, taken together, represent more than 50.0% of the sum of all FILO Term Loan Commitments and FILO Term Loans outstanding at such time; provided that, without limiting the restrictions in the definition of Ineligible Institution, for the purpose of determining the Required FILO Lenders needed for any waiver, amendment, modification or consent of or under this Agreement or any other Loan Document, any FILO Term Loan Lender that is a Borrower or an Affiliate of a Borrower shall be disregarded.
Required FILO Lenders means, as of any date of determination FILO Lenders holding more than 50% of the Outstanding Amount of the FILO Loans; provided, that the portion of the Total FILO Outstandings held or deemed held by, any Defaulting Lender shall be excluded for purposes of making a determination of Required FILO Lenders.
Required FILO Lenders means, at any time (a) prior to the funding of the FILO Loans on the Closing Date, FILO Lenders holding FILO Commitments aggregating more than fifty percent (50%) of the Total FILO Commitments, and (b) thereafter, FILO Lenders whose percentage of the Total FILO Outstandings, aggregate more than fifty percent (50%) of such Total FILO Outstandings. The FILO Commitments and the share of Total FILO Outstandings of any Defaulting Lender shall be disregarded in determining Required FILO Lenders at any time.
Examples of Required FILO Lenders in a sentence
If no such successor shall have been so appointed and shall have accepted such appointment within thirty (30) days (or such earlier day as shall be agreed by the Required Lenders, and, if applicable the Required FILO Lenders) (the “Removal Effective Date”), then such removal shall nonetheless become effective in accordance with such notice on the Removal Effective Date.
The Borrowers shall be required to repay (or, subject to the satisfaction of the conditions precedent set forth in Section 4.02, refinance with the proceeds of a Borrowing) each Protective Advance within forty-five days after such Protective Advance is made (any extension of such time period shall require the prior consent of the Required Lenders and the Required FILO Lenders).
The FILO Agent’s authorization to make FILO Protective Advances may be revoked at any time by the Required FILO Lenders.
Upon receipt of any such notice of resignation, the Required Lenders shall have the right, in consultation with the Borrower and with the consent of the Required FILO Lenders (to the extent any FILO Loans shall be outstanding at such time), to appoint a successor acting in the same capacity as the resigning Agent, which shall be a bank with an office in the United States, or an Affiliate of any such bank with an office in the United States.
During the existence of a Default, no Loans may be requested as, converted to or continued as LIBO Rate Loans without the Consent of the Required Revolving Lenders, in the case of any Revolving Committed Loans, or the Required FILO Lenders, in the case of any FILO Committed Loans.
More Definitions of Required FILO Lenders
Required FILO Lenders means, as of any date of determination, FILO Lenders holding more than 50.0% of the Aggregate FILO Commitments or, if the commitment of each FILO Lender to make FILO Loans has been terminated pursuant to Section 8.02, FILO Lenders holding in the aggregate more than 50.0% of the Total Outstandings with respect to the FILO Credit Facility (with the aggregate amount of each FILO Lender’s risk participation and funded participation in Swing Line Loans being deemed “held” by such FILO Lender for purposes of this definition); provided, that the FILO Commitment of, and the portion of the Total Outstandings with respect to the FILO Credit Facility held or deemed held by, any Defaulting Lender shall be excluded for purposes of making a determination of Required FILO Lenders (provided, that the amount of any participation in any Swing Line Loan under the FILO Credit Facility shall be deemed to be held by the FILO Lender that is the Swing Line Lender in making such determination).
Required FILO Lenders means, at any time, FILO Term Loan Lenders having FILO Term Loans outstanding that, taken together, represent more than 50.0% of the sum of all FILO Term Loans outstanding at such time; provided that, without limiting the restrictions in the definition of Ineligible Institution, for the purpose of determining the Required FILO Lenders needed for any waiver, amendment, modification or consent of or under this Agreement or any other Loan Document, any FILO Term Loan Lender that is a Borrower or an Affiliate of a Borrower shall be disregarded.
Required FILO Lenders. “Supermajority FILO Lenders” or any other provision hereof specifying the number or percentage of Lenders required to amend, waive or otherwise modify any rights hereunder or make any determination or grant any consent hereunder, without the written consent of each Lender; (f) except as expressly permitted hereunder or under any other Loan Document, release, or limit the liability of, any Loan Party without the written consent of each Lender; (g) except for Permitted Dispositions, release all or substantially all of the Collateral from the Liens of the Security Documents without the written consent of each Lender; (h) except as provided in Section 2.15, increase the Aggregate ABL Commitments (or increase the amounts defined as the Commitment Increases in Section 2.15) without the written consent of each ABL Lender; (i) increase the FILO Commitments without the written consent of each FILO Lender; (j)
Required FILO Lenders means, at any time, at least two FILO Lenders (that are not Affiliates) holding in the aggregate more than 50% of the FILO Term Loan at such time.
Required FILO Lenders means, as of any date of determination, (a) prior to the funding of the FILO Loans on the Amendment No. 1 Effective Date, at least two FILO Lenders who are not Affiliates of one another (so long as there are not less than two such FILO Lenders) holding more than fifty percent (50%) of the Aggregate FILO Commitments and (b) thereafter, at least two FILO Lenders who are not Affiliates of one another (so long as there are not less than two such FILO Lenders) holding in the aggregate more than fifty percent (50%) of the Total FILO Outstandings; provided that the FILO Commitment of, and the portion of the Total FILO Outstandings held or deemed held by, any Defaulting Lender shall be excluded for purposes of making a determination of Required FILO Lenders. “Required Lenders” means, as of any date of determination, at least two Lenders who are not Affiliates of one another (so long as there are not less than two such Lenders) holding more than fifty percent (50%) of the Aggregate ABL Commitments and the Total FILO Outstandings or, if the commitment of each Lender to make Loans and the obligation of the L/C Issuer to make L/C Credit Extensions have been terminated pursuant to Section 8.02, at least two Lenders who are not Affiliates of one another (so long as there are not less than two such Lenders) holding in the aggregate more than fifty percent (50%) of the Total Outstandings (with the aggregate amount of each Lender’s risk participation and funded participation in L/C Obligations and Swing Line Loans being deemed “held” by such Lender for purposes of this definition); provided, that, the Commitment of, and the portion of the Total Outstandings held or deemed held by, any Defaulting Lender shall be excluded for purposes of making a determination of Required Lenders. “Reserves” means, without duplication of any other Reserves or items to the extent such items are otherwise addressed or excluded through eligibility criteria, as of any date of determination, Inventory Reserves, Receivables Reserves, Realty Reserves, Cash Management Reserves, Bank Product Reserves, the FILO Push Down Reserve and those other reserves that Agent deems necessary or appropriate, in its Permitted Discretion and subject to Section 2.01(c), to establish and maintain, including reserves with respect to (a) customs duties and other costs to release Inventory which is being imported into the US; (b) salaries, wages and benefits due to employees of a Borrower or any other Loan Party; (c) cus...
Required FILO Lenders means, as of any date of determination, (a) prior to the funding of the FILO Loans on the Amendment No. 1 Effective Date, at least two FILO Lenders who are not Affiliates of one another (so long as there are not less than two such FILO Lenders) holding more than fifty percent (50%) of the Aggregate FILO Commitments and (b) thereafter, at least two FILO Lenders who are not Affiliates of one another (so long as there are not less than two such FILO Lenders) holding in the aggregate more than fifty percent (50%) of the Total FILO Outstandings; provided that the FILO - 57- 6245414.1
Required FILO Lenders means, as of any date of determination, FILO Lenders holding FILO Loans aggregating more than fifty percent (50%) of the aggregate amount of the FILO Loans outstanding.