Examples of Transferring Lender in a sentence
Any such transfer shall be effected on five Banking Days' prior notice by delivery to the Agent of a duly completed Substitution Certificate duly executed by the Transferring Lender and the Substitute (which the Agent shall promptly execute for itself, the Borrower and the other Lenders (the "other parties")).
Delivery of a duly completed Utilisation Request (Clause 5.1 (Delivery of a Utilisation Request)) D - 3 9:30 a.m. PIK Facility Agent notifies the Lenders of the Loan in accordance with Clause 5.4 (Lenders’ participation) D - 3 2:00 p.m. To: [Transferring Lender] Re: €350,000,000 PIK Facility Agreement dated 30 November 2005 (the “Agreement”) Amount: Agent: Dear Sirs We are considering [acquiring]/[arranging the acquisition of] an interest in the Agreement (the “Acquisition”).
In order to effect any such assignment the Transferring Lender and the Acquiring Lender shall execute and deliver to B Participant, with a copy to A Participant (if the Transferring Lender is B Participant) a duly completed Transfer Supplement; and, upon receipt thereof, B Participant shall accept such Transfer Supplement.
No assignment shall be effective if, in the judgment of that Lender which is not the Transferring Lender (based upon an opinion of counsel or as otherwise determined by such Lender in its reasonable discretion), such assignment would otherwise cause this participation arrangement to be a "taxable mortgage pool" under the Tax Code or otherwise be taxable as a corporation.
If such sale is not consummated within such ninety (90)-day period, the Transferring Lender may not sell any of the Offered Notes without again complying with the provisions of this Section 5.3. The Company may, in its sole discretion, transfer its rights under this Section 5.3 to a third party.
Pursuant to a facility agreement dated 21 December 2007 and made between the Borrower, Fortis Bank Polska S.A. (“Transferring Lender 1”) as arranger, agent, security agent and lender, Fortis Bank S.A./N.V., Austrian Branch (“Transferring Lender 2” together with Transferring Lender 1 the “Transferring Lenders”) as lender and Bank Polska Kasa Opieki S.A. as lender (the “Original Facility Agreement”), a PLN 300,000,000 term loan facility was made available to the Borrower.
Each party hereto hereby agrees that any such Transferee under any such Loan Assignment Agreement shall be entitled to rights identical to the rights assigned to such Transferee as if such Transferee were named in this Agreement as an original party in substitution for the Transferring Lender in respect of such Commitment, or part thereof, assigned, and such Transferring Lender shall be released from all obligations in relation to its Commitment, or part thereof, so assigned.
Upon the consummation of the purchase and sale of the Transferring Lender's interest in the Loans as aforesaid, the Transferring Lender shall be released from all obligations and liabilities under this Agreement and the Loan Documents arising on or after the consummation of the sale contemplated by this Section 12.
For a period of three business days after receipt of the Transfer Notice, the Company may elect, by delivery of written notice to the Transferring Lender (the “Election Notice”), to purchase all, but not less than all, of the Offered Securities at the Offer Price and on the other terms and conditions set forth in the Offer Notice.
Any of such Offered Securities that have not been Transferred by the Transferring Lender in such three month period shall again be subject to the restrictions set forth in this Section 3.1 and must be reoffered to the Company pursuant to Section 3.1(a) before any subsequent Transfer.