Specified Lender definition

Specified Lender means any Lender that notifies the relevant Borrower and the Agent that it is a Specified Lender.

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Specified Lender means a Defaulting Lender or a Downgraded Lender.

Specified Lender means any of the Lenders that is managed on a discretionary basis by, or is otherwise an Affiliate of, Deerfield Management Company, L.P. (including each of Deerfield Private Design Fund IV, L.P., Deerfield Private Design Fund III, L.P. or Deerfield Special Situations Fund, L.P.) and each of their successors and permitted assigns and transferees, and “Specified Lenders” means all of them, collectively (but, for the avoidance of doubt, not jointly and severally).

Examples of Specified Lender in a sentence

• The Company shall not assign this Agreement or any rights or obligations hereunder without the prior written consent of the Specified Lender, and any attempted assignment without such consent shall be null and void.

• Subject to applicable laws and the rules and regulations of the applicable United States national securities exchange on which the common stock (or any successor class of common equity) of the Company is then listed (each a, “Stock Exchange”), the Specified Lender shall have the right to have the Board Designee appointed to serve on each committee of the Board, if elected by the Specified Lender in writing.

• No amendment or waiver of any provision of this Agreement shall be effective unless in writing signed by the Company and the Specified Lender.

• The Specified Lender may assign some or all of its rights hereunder to any of its Affiliates or Related Funds without the consent of the Company, in which event such assignee shall in each case be deemed to have the same rights as the Specified Lender hereunder with respect to such assigned rights.

• The Specified Lender shall not be subject to compliance with any advance notice requirements set forth in the Company’s certificate of incorporation, bylaws or other governing documents.

More Definitions of Specified Lender

Specified Lender means, at any time, any Lender (a) that has requested compensation under Section 3.04 and has not rescinded such request within five Business Days of the making thereof; (b) to whom any Borrower must pay an additional amount (or on whose behalf any Borrower must pay an additional amount to a Governmental Authority) pursuant to Section 3.01; (c) that gives a notice pursuant to Section 3.02; (d) that is a Defaulting Lender; or (e) that is the sole Lender that has refused or failed, within a reasonable period of time (as determined by Administrative Agent in its Reasonable Discretion) from first receiving a written request therefor from Administrative Agent, to provide its written approval of any amendment, consent or waiver in respect of any matter related to this Agreement or the other Loan Documents requiring that all Lenders will have given written approval of such requested amendment, consent or waiver consent pursuant to Section 10.01 and in such instance Lenders sufficient to constitute Required Lenders have already provided such written approval pursuant to Section 10.01.

Specified Lender means any Person that is primarily engaged in investing in (a) Indebtedness of companies that are either in default, under bankruptcy protection or in distressed financial condition or (b) high-yield bonds that are in default or equities that are in bankruptcy.

Specified Lender shall have the meaning provided in Section 5.08.

Specified Lender and "Specified Lenders" shall include each of the Specified Agents in its individual capacity.

Specified Lender shall have the meaning assigned to such term in Section 9.04(k).

Specified Lender means, collectively, one or more investment funds affiliated with Apollo Capital Management, L.P.

Specified Lender is defined in Section 6.3.