Examples of Second Restated Loan Agreement in a sentence
The parties acknowledge that the Seller has been designated as the initial Servicer pursuant to the terms and provisions of the Second Restated Loan Agreement.
On the Borrowing Date specified in the Borrowing Request and subject to all other terms and conditions of this Second Restated Loan Agreement, each Issuer may, in its sole discretion, make available to its Managing Agent at the office of its Managing Agent set forth in Section 13.1, in immediately available funds, its pro rata share of the Borrowing.
Neither this Note, nor any right of the Seller to receive payments hereunder, shall, without the prior written consent of the Buyer and (so long as the Second Restated Loan Agreement remains in effect or any amounts remain outstanding thereunder) the Administrative Agent under the Second Restated Loan Agreement, be assigned, transferred, exchanged, pledged, hypothecated, participated or otherwise conveyed.
Notwithstanding the foregoing, the Borrower may not seek a replacement for a Bank that is also a Managing Agent unless the related Issuer is also terminated as a party to this Second Restated Loan Agreement and all of its outstanding Advances are repaid in full.
The provisions of Article X and Sections 2.12, 11.4, 13.14, 13.15, 13.20 and 13.21 shall survive any termination of this Second Restated Loan Agreement.
With respect to any Advance made by a Managing Agent, such Managing Agent shall have the same rights and powers under this Second Restated Loan Agreement as would any Lender and may exercise the same as though it were not a Managing Agent.
The rights, powers, privileges and remedies of each of the Lenders, the Collateral Agent, the Managing Agents, and the Administrative Agent under the Notes, this Second Restated Loan Agreement, and any other Transaction Document shall be cumulative, and the exercise or partial exercise of any such right, power, privilege or remedy shall not preclude the exercise of any other right or remedy.
No amendment or waiver of any provision of this Second Restated Loan Agreement or consent to any departure by the Borrower therefrom shall be effective unless in a writing signed by the Majority Banks, the Administrative Agent (as agent for the Issuers) and the Administrative Agent (and, in the case of any amendment, also signed by the Borrower), and then such amendment, waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.
Such fee shall be in lieu of the extension fee required by Section 4.4 of the Second Restated Loan Agreement.
An Issuer shall not be obligated to pay any amount pursuant to this Second Restated Loan Agreement unless such Issuer has excess cash flow from operations or has received funds with respect to such obligation which may be used to make such payment and which funds or excess cash flow are not required to repay when due its Commercial Paper Note or other short term funding backing its Commercial Paper Notes.