Examples of Supplemental Credit Lender in a sentence
Each Supplemental Credit Lender understands and agrees that if such Supplemental Credit Lender is a Defaulting Lender then it shall not be entitled to vote on any matter requiring the consent of the Required Lenders or to object to any matter requiring the consent of all the Lenders; provided, however, that all other benefits and obligations under the Supplemental Credit Documents shall apply to such Defaulting Lender.
Each determination by any such Supplemental Credit Lender of amounts owing under this Section shall, absent manifest error, be conclusive and binding on the parties hereto.
The Register shall be available for inspection by the Borrower or any Supplemental Credit Lender at any reasonable time and from time to time upon reasonable prior notice.
Each Guarantor waives any and all notice of the creation, renewal, extension or accrual of any of the Credit Party Obligations and notice of or proof of reliance by the Agent or any Supplemental Credit Lender upon this Guarantee or acceptance of this Guarantee.
The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which the Agent or any Supplemental Credit Lender would otherwise have.
If no successor Agent shall have been so appointed by the Required Lenders, and shall have accepted such appointment, within 45 days after the notice of resignation, then the retiring Agent shall select a successor Agent provided such successor is a Supplemental Credit Lender hereunder or a commercial bank organized under the laws of the United States of America or of any State thereof and has a combined capital and surplus of at least $400,000,000.
The Agent shall not be deemed to have knowledge or notice of the occurrence of any Default or Event of Default hereunder unless the Agent has received notice from a Supplemental Credit Lender or a Credit Party referring to the Supplemental Credit Documents, describing such Default or Event of Default and stating that such notice is a "notice of default." In the event that the Agent receives such a notice, the Agent shall give prompt notice thereof to the Lenders.
Each Supplemental Credit Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Agent or any affiliate thereof hereinafter taken, including any review of the affairs of any Credit Party, shall be deemed to constitute any representation or warranty by the Agent to any Supplemental Credit Lender.
Subject to Section 4.7 below, each of the Guarantors hereby, jointly and severally, unconditionally guarantees to each Supplemental Credit Lender, each Affiliate of Supplemental Credit Lender that enters into a Hedging Agreement and the Agent the prompt payment of the Credit Party Obligations in full when due (whether at stated maturity, as a mandatory prepayment, by acceleration or otherwise).
Notwithstanding the fact that enforcement powers reside primarily with the Agent, each Supplemental Credit Lender has a separate right of payment and shall be considered a separate "creditor" holding a separate "claim" within the meaning of Section 101(5) of the Bankruptcy Code or any other insolvency statute.