The Required Banks Sample Clauses

The Required Banks and the Borrower may, from time to time, enter into written amendments or waivers of this Agreement, the Notes or the other Financing Documents to which the Borrower is a party; provided that no such amendment or waiver shall (i) extend either the Final Maturity Date or any installment or required payment or prepayment of any Obligations or reduce the rate or extend the time of payment of interest on any Obligations, or reduce the principal amount of any Obligations or reduce any fee payable to the Banks hereunder, or release all or substantially all of the Collateral (except as expressly permitted by the Security Documents) or change the amount of any Commitment of any Bank, or amend, modify or waive any provision of this Section 11.5 or the definition of Required Banks, or consent to or permit the assignment or transfer by the Borrower of any of its rights and obligations under this Agreement or any other Financing Document, or release any Equity Contributor from its obligation to make Equity Contributions under the Equity Commitment Agreement, or change the number or percentage of Banks who must approve the satisfaction of any 120 condition precedent, or eliminate or reduce any requirement set forth in Article IV in each case without the written consent of all of the Banks, or (ii) amend, modify or waive any provision of Article IX or any other provision of any Financing Document if the effect thereof is to affect the rights or duties of the Agent Bank, without the written consent of the then Agent Bank, or (iii) amend, modify or waive any provision of Article X or any other provision of any Financing Document if the effect thereof is to affect the rights or duties of the Collateral Agent, without the written consent of the then Collateral Agent. Any such amendment, supplement, modification or waiver shall apply to each of the Banks equally and shall be binding upon the Borrower, the Banks, the Agent Bank, the Collateral Agent and all future holders of the Notes. In the case of any waiver, the Borrower, the Banks, the Agent Bank and the Collateral Agent shall be restored to their former positions and rights hereunder and under the outstanding Notes, and any Default or Event of Default waived shall be deemed to be cured and not continuing, but no such waiver shall extend to any subsequent or other Default or Event of Default, or impair any right consequent thereon.
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The Required Banks the Administrative Agent, the Borrower and the other Loan Parties shall have executed and delivered to the Administrative Agent signature pages hereto by counterpart or otherwise.
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The Required Banks the Australian Banks and the Agent may agree on any other reasonable method (such as making assignments of Australian Loans) for sharing the risks of Australian Loans ratably among all Banks according to their Percentages so long as such method does not materially disadvantage the Borrowers or any Bank.
Sample 1
The Required Banks. Holdings and the Borrower shall have signed a counterpart hereof (whether the same or different counterparts) and shall have delivered (including by way of facsimile transmission) the same to the Agent at its Notice Office and (ii) each Bank which shall have signed and delivered a copy of this Waiver prior to the close of business on January 13, 1999, shall have received a waiver fee equal to 1/8 of 1% on the Revolving Loan Commitment and/or outstanding Term Loans of such Bank as in effect on such date.
Sample 1
The Required Banks. Holdings and the Borrower shall have signed a counterpart hereof (whether the same or different counterparts) and shall have delivered (including by way of facsimile transmission) the same to the Agent at its Notice Office, (ii) the Borrower shall have made the prepayments described in Section 10 of this Amendment and (iii) each Bank which shall have signed and delivered a copy of this amendment prior to the close of business on March 10, 1999, shall have received an amendment fee equal to (x) 1/2 of 1% on the Revolving Loan Commitment and outstanding A Term Loans of such Bank as in effect on such date and (y) 3/8 of 1% on the outstanding B Term Loans of such Bank as in effect on such date.
Sample 1
The Required Banks. The Letter of Credit Issuer may cancel the Letter of Credit (effective on the first day thereafter on which there is no longer any Commercial Paper outstanding) if neither Borrower may issue Commercial Paper by giving the Borrowers, the Administrative Agent and the Depositary written notice thereof. The Letter of Credit Issuer and the Borrowers each agree to notify each other upon first learning of the occurrence of any event described in clauses (i) through (iv) above.
Sample 1
The Required Banks. Holdings and the Borrower shall have executed a counterpart hereof (whether the same or different counterparts) and shall have delivered (including by way of facsimile transmission) the same to counsel for the Agent, Xxxxxxx X. Xxxxxx, Xxxxxxx & Xxxxxx, Three First Xxxxxxxx Xxxxx, Xxxxxxx, Xxxxxxxx 00000-0000; Telephone: (000)000-0000; Facsimile: (000) 000-0000, (ii) each Bank shall have received that portion of the Sixth Amendment Fee due it pursuant to paragraph 13 herein not later than two (2) Business Days after compliance with subsection (i) of this paragraph 14, (iii) CE Automotive Trim Systems, Inc. shall have delivered a Reaffirmation of Subsidiary Guaranty to the Agent in form and substance acceptable to Agent, and (iv) the Agent shall have received the sum of $150,000.00 from the Borrower as a retainer for the fees and expenses of the Professionals retained by the Agent, $75,000 of which already has been paid and received.
Sample 1
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The Required Banks. Holdings and the Borrower shall have executed a counterpart hereof (whether the same or different counterparts) and shall have delivered (including by way of facsimile transmission) the same to counsel for the Agent, Xxxxxxx X. Xxxxxx, Xxxxxxx & Xxxxxx, Three First Xxxxxxxx Xxxxx, Xxxxxxx, Xxxxxxxx 00000-0000; Telephone: (000) 000-0000; Facsimile: (000) 000-0000, and (ii) CE Automotive Trim Systems, Inc. shall have delivered a Reaffirmation of Subsidiary Guaranty to the Agent in form and substance acceptable to Agent.
Sample 1

Related to The Required Banks

  • Required Banks As of any date, any Bank or collection of Banks whose aggregate Commitment Percentage is equal to or greater than sixty-six and two-thirds percent (66.66%); provided that in determining said percentage at any given time, all then existing Defaulting Banks will be disregarded and excluded and the Commitment Percentages of the Banks shall be redetermined for voting purposes only to exclude the Commitment Percentages of such Defaulting Banks.

  • Instructions of Required Lenders The rights and remedies conferred upon Agent under the Loan Documents may be exercised without the necessity of joining any other party, unless required by Applicable Law. In determining compliance with a condition for any action hereunder, including satisfaction of any condition in Section 6, Agent may presume that the condition is satisfactory to a Secured Party unless Agent has received notice to the contrary from such Secured Party before Agent takes the action. Agent may request instructions from Required Lenders or other Secured Parties with respect to any act (including the failure to act) in connection with any Loan Documents or Collateral, and may seek assurances to its satisfaction from Secured Parties of their indemnification obligations against Claims that could be incurred by Agent. Agent may refrain from any act until it has received such instructions or assurances, and shall not incur liability to any Person by reason of so refraining. Instructions of Required Lenders shall be binding upon all Secured Parties, and no Secured Party shall have any right of action whatsoever against Agent as a result of Agent acting or refraining from acting pursuant to instructions of Required Lenders. Notwithstanding the foregoing, instructions by and consent of specific parties shall be required to the extent provided in Section 14.1.1. In no event shall Agent be required to take any action that it determines in its discretion is contrary to Applicable Law or any Loan Documents or could subject any Agent Indemnitee to liability.

  • Agreement of Required Lenders Upon any occasion requiring or permitting an approval, consent, waiver, election or other action on the part of the Required Lenders, action shall be taken by the Administrative Agent for and on behalf of, or for the benefit of, all Lenders upon the direction of the Required Lenders and any such action shall be binding on all Lenders. No amendment, modification, consent or waiver shall be effective except in accordance with the provisions of Section 13.11 hereof.

  • Majority Banks Where this Agreement or any other Security Document provides for any matter to be determined by reference to the opinion of the Majority Banks or to be subject to the consent or request of the Majority Banks or for any action to be taken on the instructions in writing of the Majority Banks, such opinion, consent, request or instructions shall (as between the Banks) only be regarded as having been validly given or issued by the Majority Banks if all the Banks shall have received prior notice of the matter on which such opinion, consent, request or instructions are required to be obtained and the relevant majority of such Banks shall have given or issued such opinion, consent, request or instructions but so that (as between the Borrowers and the Banks) the Borrowers shall be entitled (and bound) to assume that such notice shall have been duly received by each relevant Bank and that the relevant majority shall have been obtained to constitute Majority Banks whether or not this is in fact the case.

  • Majority Lenders’ instructions (a) Unless a contrary indication appears in a Finance Document, the Agent shall (i) exercise any right, power, authority or discretion vested in it as Agent in accordance with any instructions given to it by the Majority Lenders (or, if so instructed by the Majority Lenders, refrain from exercising any right, power, authority or discretion vested in it as Agent) and (ii) not be liable for any act (or omission) if it acts (or refrains from taking any action) in accordance with an instruction of the Majority Lenders.

  • Return of Required Loan Documents The Borrower may, with the prior written consent of the Administrative Agent (such consent not to be unreasonably withheld), require that the Collateral Custodian return each Required Loan Document (a) delivered to the Collateral Custodian in error or (b) released from the Lien of the Collateral Agent hereunder pursuant to Section 2.16, in each case by submitting to the Collateral Custodian and the Administrative Agent a written request in the form of Exhibit M hereto (signed by both the Borrower and the Administrative Agent) specifying the Collateral Portfolio to be so returned and reciting that the conditions to such release have been met (and specifying the Section or Sections of this Agreement being relied upon for such release). The Collateral Custodian shall upon its receipt of each such request for return executed by the Borrower and the Administrative Agent promptly, but in any event within five Business Days, return the Required Loan Documents so requested to the Borrower.

  • Required Lenders As of any date, the Lender or Lenders whose aggregate Commitment Percentage is equal to or greater than sixty-six and 7/10 percent (66.7%) of the Total Commitment; provided that in determining said percentage at any given time, all then existing Defaulting Lenders will be disregarded and excluded and the Commitment Percentages of the Lenders shall be redetermined for voting purposes only to exclude the Commitment Percentages of such Defaulting Lenders.

  • Majority Lenders Notwithstanding the foregoing, this Section 8.1 shall not affect the provisions of Section 4.4, “Waivers of Covenants”, or Article 6, “Events of Default”.

  • Notice to Lenders by the Administrative Agent Promptly following receipt of an Interest Election Request, the Administrative Agent shall advise each Lender of the details thereof and of such Lender’s portion of each resulting Borrowing.

  • Appointment of the Administrative Agent Each of the Lenders hereby irrevocably appoints the Administrative Agent as its agent hereunder and under the other Loan Documents and authorizes the Administrative Agent to take such actions on its behalf and to exercise such powers as are delegated to the Administrative Agent by the terms hereof or thereof, together with such actions and powers as are reasonably incidental thereto.

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