Required Financial Covenant Lenders or “Required Revolving Lenders” or any other provision of any Loan Document specifying the number or percentage of Lenders required to waive, amend or modify any rights thereunder or make any determination or grant any consent thereunder, without the written consent of each Lender adversely affected thereby, (F) release all or substantially all of the Subsidiary Guarantors or the U.S. Borrower from their or its obligation under its Loan Guaranty (except as otherwise permitted herein or in the other Loan Documents), without the written consent of each Lender, (G) except as provided in clauses (c) and (d) of this Section 9.02 or in any Collateral Document, release all or substantially all of the Collateral, without the written consent of each Lender, (H) amend the definition of “Secured Obligations,” “Secured Hedge Obligations,” or “Secured Cash Management Obligations” without the written consent of each Lender adversely affected thereby or (I) waive any condition set forth in Section 4.02 as to any Borrowing under one or more Revolving Facilities without the written consent of the Required Revolving Lenders (and, for the avoidance of doubt, no consent of the Required Lenders shall be required); provided, further, that no such agreement shall amend, modify or otherwise (x) affect the rights or duties of the Agent or any Issuing Bank hereunder without the prior written consent of the Agent or such Issuing Bank, as applicable or (y) make any change to the documents that by its terms affects the rights of any Class of Lenders to receive payments in any manner different than any other Class of Lenders without the written consent of the Required Class Lenders of such Class; and provided, further, that no amendment, modification, waiver of or consent with respect to any of the terms and provisions (and related definitions) of Section 6.10 shall be effective without the written consent of the Required Financial Covenant Lenders and any such amendment, supplement, modification or waiver shall be effective with the written consent of only the Required Financial Covenant Lenders (or the Agent with the prior written consent thereof), on the one hand, and the Borrowers, on the other hand. Notwithstanding anything to the contrary contained herein, no amendment shall require any Revolving Lender to make Revolving Loans to a Borrower other than the applicable Borrowers under such Revolving Facility without the consent of such Revolving Lender.
Required Financial Covenant Lenders means, at any time, Lenders having Financial Covenant Loans and Financial Covenant Commitments representing more than 50% of the aggregate Financial Covenant Loans and Financial Covenant Commitments; provided that the Loans and Commitments of any Defaulting Lender shall be disregarded for all purposes of this definition for so long as such Lender is a Defaulting Lender.
Required Financial Covenant Lenders means, at any time, Lenders having Term A-1 Loans and Revolving Facility Commitments (or, if the Revolving Facility Commitments have terminated, Revolving Facility Credit Exposure) that, taken together, represent more than 50% of the sum of (x) all Term A-1 Loans and (y) all Revolving Facility Commitments (or, if the Revolving Facility Commitments have terminated, Revolving Facility Credit Exposure) at such time; provided, that the Term A-1 Loans, Revolving Facility Commitments and Revolving Facility Credit Exposure of any Defaulting Lender shall be disregarded in determining Required Financial Covenant Lenders at any time.
Examples of Required Financial Covenant Lenders in a sentence
Notwithstanding anything to the contrary contained herein, upon the request of the Required Financial Covenant Lenders, while any Event of Default exists, all Letter of Credit Fees shall accrue interest in accordance with Section 2.13(d).
Except with the written consent of the Required Financial Covenant Lenders, the Lead Borrower will not permit the Consolidated First Lien Net Leverage Ratio as of the last day of a 154 Test Period (commencing with the Test Period ending on or about March 31, 2022) to exceed 3.50 to 1.00 (the “Financial Covenant”).
The interests of any Defaulting Lender in the Term A Facility and the RC Facility shall be disregarded in determining Required Financial Covenant Lenders at any time.
The Administrative Agent shall have received from the Borrower, each other Loan Party, each Pledgor, the Administrative Agent and Lenders constituting Required Lenders and Required Financial Covenant Lenders (i) a counterpart of this Agreement signed on behalf of such party or (ii) written evidence reasonably satisfactory to the Administrative Agent (which may include electronic transmission of a signed signature page to this Agreement) that such party has signed a counterpart of this Agreement.
More Definitions of Required Financial Covenant Lenders
Required Financial Covenant Lenders means, as of any date of determination, Lenders holding more than 50% of the sum of the (a) aggregate Term A Loans outstanding, (b) Total Revolving Credit Outstandings (with the aggregate amount of each Revolving Credit Lender’s risk participation and funded participation in L/C Obligations and Swing Line Loans being deemed “held” by such Revolving Credit Lender for purposes of this definition) and (c) aggregate unused Revolving Credit Commitments; provided that the unused Revolving Credit Commitment of, and the portion of the Total Revolving Credit Outstandings held or deemed held by, any Defaulting Lender shall be excluded for purposes of making a determination of Required Revolving Credit Lenders.
Required Financial Covenant Lenders means, at any time, Lenders having Total Credit Exposures under the Financial Covenant Facilities representing more than 50% of all the Total Credit Exposures under the Financial Covenant Facilities. The Total Credit Exposure of any Defaulting Lender which is a Lender under any Financial Covenant Facility shall be disregarded in determining Required Financial Covenant Lenders at any time.
Required Financial Covenant Lenders means, collectively, Lenders having more than 50% of the sum of the Dollar Equivalent of (a) the aggregate outstanding amount of the Revolving Commitments or, with respect to any Revolving Facility after the Revolving Credit Termination Date with respect to such Revolving Facility, the Revolving Outstandings under such Revolving Facility plus (b) the aggregate outstanding amount of all U.S. Term A Loans, Canadian Term A Loans, New Term A Loans and Extended Term Loans in respect of any of the foregoing then outstanding. The Revolving Commitments, Revolving Outstandings and Term Loans of any Defaulting Lender shall not be included in the calculation of “Required Financial Covenant Lenders.”
Required Financial Covenant Lenders means, at any time, the Required Lenders but excluding for all purposes of the determination thereof the Incremental Term B-1 Loans and any other Term Loans that pursuant to the terms of the applicable Additional Credit Extension Amendment establishing such Term Loans are to be excluded from any determination of the Required Financial Covenant Lenders (the Incremental Term B-1 Loans and any other Term Loans so excluded, “Excluded Term Loans”).
Required Financial Covenant Lenders means, subject to Section 2.22, at any time, Lenders having Credit Exposures (provided that, as to any Lender, clause (a) of the definition of “Swingline Exposure” shall only be applicable in calculating a Lender’s Revolving Credit Exposure to the extent such Lender shall have funded its respective participations in the outstanding Swingline Loans) and Unfunded Commitments under the Financial Covenant Facilities representing more than 50% of all the total Credit Exposures and Unfunded Commitments under the Financial Covenant Facilities at such time; provided that for purposes of declaring the Loans under any Financial Covenant Facility to be due and payable pursuant to Section 7.02, and for all purposes after such Loans become due and payable pursuant to Section 7.02 or the Revolving Commitments expire or terminate, then, as to each Lender, the Unfunded Commitment of each Lender shall be deemed to be zero.
Required Financial Covenant Lenders means, at any time, Lenders having Revolving Facility Commitments (or, if the Revolving Facility Commitments have terminated, Revolving Facility Credit Exposure) that, taken together, represent more than 50% of all Revolving Facility Commitments (or, if the Revolving Facility Commitments have terminated, Revolving Facility Credit Exposure) at such time; provided, that the Revolving Facility Commitments and Revolving Facility Credit Exposure of any Defaulting Lender shall be disregarded in determining Required Financial Covenant Lenders at any time.
Required Financial Covenant Lenders means, at any time, Lenders having Revolving Facility Commitments (or, if the Revolving Facility Commitments have terminated, Revolving Facility Credit Exposure), outstanding Term Loan A Commitments and Term A Loans (to the extent, in the case of Term Loan A Commitments and Term A Loans, that the Financial Covenants are applicable thereto pursuant to the Incremental Assumption Agreement, extension Amendment or Refinancing Amendment applicable thereto (any such Term Loan A Commitments, “Financial Covenant Term Loan A Commitments”) and any such Term A Loans, “Financial Covenant Term A Loans”) that, taken together, represent more than 50% of all Revolving Facility Commitments (or, if the Revolving Facility Commitments have terminated, Revolving Facility Credit Exposure), outstanding Financial Covenant Term Loan A Commitments and Financial Covenant Term A Loans, taken together, at such time; provided, that the Revolving Facility Commitments, Term Loan A Commitments, Revolving Facility Credit Exposure and Term A Loans of any Defaulting Lender shall be disregarded in determining Required Financial Covenant Lenders at any time.