Examples of Retiring Lenders in a sentence
Each Retiring Lender, by its execution and delivery of a written confirmation of the termination of its Commitment under the Existing Credit Agreement, shall, as of the Restatement Effective Date, cease to be a “Lender” under (and, accordingly, shall cease to be a party to) the Existing Credit Agreement, and the Borrower hereby confirms and agrees that, as of the Restatement Effective Date, the Retiring Lenders shall have no obligations or liabilities under the First Amended and Restated Credit Agreement.
Upon the satisfaction or waiver of the conditions precedent set forth in Section 7 hereof, the commitments (if any) of the Retiring Lenders to lend under the Existing Credit Agreement shall be canceled and terminated and the Retiring Lenders shall cease to be parties to the Existing Credit Agreement.
Each Retiring Lender shall, as of the Closing Date, cease to be a "Lender" under (and, accordingly, shall cease to be a party to) the Existing Credit Agreement, and the Borrower hereby confirms and agrees that, as of the Closing Date, the Retiring Lenders shall have no obligations or liabilities under this Agreement; provided, that the Retiring Lenders shall be entitled to the benefits of Section 10.5.
As used in this Fourth Amendment, the terms "Administrative Agent", "Borrower", "Credit Agreement", "Existing Lenders", "Fourth Amendment", "Fourth Amendment Effective Date", "New Lenders" and "Retiring Lenders", shall have the meanings indicated above.
It is expressly agreed that the Retiring Lenders are third party beneficiaries of the provisions of Sections 2A.08 and 2B.08 of the Amended Credit Agreement and the rights and remedies of the Retiring Lenders thereunder may not be amended, waived, supplemented or otherwise modifies without their prior written consent.
On the Amendment Effective Date, upon the repayment of each Retiring Lender's Advances as provided in Section 4(B) hereof and all other amounts owing to such Retiring Lender as provided in Section 4(E) hereof, each Retiring Lender shall cease to be a Lender (and if such Retiring Lender is also a Co-Agent, such Retiring Lender shall cease to be a Co-Agent) for all purposes of the Credit Agreement and the other Loan Documents.
The Letters of Credit outstanding under the Existing Credit Agreement on the Effective Date shall continue to be outstanding under the Amended Credit Agreement and the terms of the Amended Credit Agreement will govern the rights of the Borrowers, the Retiring Lenders, the Continuing Lenders and the Additional Lenders with respect thereto.
The Borrower, the Agent, Citizens, the Lenders, Wachovia Bank ("Wachovia"), and Bank of America, N.A. (formerly known as Bank of America National Trust and Savings Association) ("Bank of America" together, with Wachovia, the "Retiring Lenders") are presently parties to a certain Loan and Security Agreement dated August 19, 1998 (as the same has been amended and modified prior to the date hereof, the "Original Loan Agreement").
Notwithstanding the foregoing, in the event that one or more (but less than all) Lenders has terminated its Commitment pursuant to Section 2.09(a)(ii) (the “Retiring Lenders”), Borrower shall repay to Administrative Agent for the ratable accounts of the Retiring Lenders on the date such Commitments are terminated, in accordance with their outstanding Commitments at that time, the aggregate principal amount of all outstanding Loans owing to the Retiring Lenders on that date.
The Borrower shall have paid: (1) all interest and other amounts owing in respect of the Advances owing to the Retiring Lenders, (2) all interest accrued on the A Advances owing to the Existing Lenders and (3) all commitment fee payable under Section 2.04(a) of the Credit Agreement, in each case to the extent accrued to the Amendment Effective Date.