RIGHTS AS A LENDER definition

RIGHTS AS A LENDER. With respect to its Commitments and the Obligations, each of Wxxxx Fargo, The Bank of Nova Scotia and Den norske Bank, ASA, in its capacity as a Lender hereunder, shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not acting in its agency capacity, and the term "Lender" or "Lenders" shall, unless the context otherwise indicates, include each Administrative Agent in its individual capacity. Each Administrative Agent may (without having to account therefor to any Lender) accept deposits from, lend money to and generally engage in any kind of banking, trust, letter of credit, agency or other business with any Borrower (and any of their Affiliates) as if it were not acting as an Administrative Agent, and each Administrative Agent may accept fees and other consideration from any Borrower (in addition to the fees heretofore agreed to between any Borrower and any Administrative Agent) for services in connection with this Agreement or otherwise without having to account for the same to the Lenders.
Sample 1
RIGHTS AS A LENDER. With respect to GECC's Commitment and the Loans made by it, GECC (and any successor acting as Administrative Agent) in its capacity as a Lender hereunder shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not acting as Administrative Agent, and the term "Lender" or "Lenders" shall, unless the context otherwise indicates, include Administrative Agent in its individual capacity. GECC (and any successor acting as Administrative Agent) and its affiliates (including GECC) may (without having to account therefor to any Lender) lend money to, make investments in and generally engage in any kind of lending, trust or other business with Borrower (and any of its Affiliates) as if it were not acting as Administrative Agent, and GECC and its affiliates (including GECC may accept fees and other consideration from Borrower for services in connection with this Agreement or otherwise without having to account for the same to the Lenders.
Sample 1

Examples of RIGHTS AS A LENDER in a sentence

  • ADMINISTRATIVE AGENT 78 9.01 APPOINTMENT AND AUTHORITY 78 9.02 RIGHTS AS A LENDER 78 9.03 EXCULPATORY PROVISIONS 79 9.04 RELIANCE BY ADMINISTRATIVE AGENT 79 9.05 DELEGATION OF DUTIES 80 9.06 RESIGNATION OR REMOVAL OF ADMINISTRATIVE AGENT 80 9.07 NON-RELIANCE ON ADMINISTRATIVE AGENT AND OTHER LENDERS 81 9.08 NO OTHER DUTIES, ETC.

  • ADMINISTRATIVE AGENT 94 9.01 APPOINTMENT AND AUTHORITY 94 9.02 RIGHTS AS A LENDER 94 9.03 EXCULPATORY PROVISIONS 94 9.04 RELIANCE BY ADMINISTRATIVE AGENT 95 9.05 DELEGATION OF DUTIES 95 9.06 RESIGNATION OR REMOVAL OF ADMINISTRATIVE AGENT 96 9.07 NON-RELIANCE ON ADMINISTRATIVE AGENT AND OTHER LENDERS 97 9.08 NO OTHER DUTIES, ETC.

  • ADMINISTRATIVE AGENT 81 9.01 APPOINTMENT AND AUTHORITY 81 9.02 RIGHTS AS A LENDER 81 9.03 EXCULPATORY PROVISIONS 82 9.04 RELIANCE BY ADMINISTRATIVE AGENT 83 9.05 DELEGATION OF DUTIES 83 9.06 RESIGNATION OF ADMINISTRATIVE AGENT 83 9.07 NON-RELIANCE ON ADMINISTRATIVE AGENT AND OTHER LENDERS 85 9.08 NO OTHER DUTIES, ETC 85 9.09 ADMINISTRATIVE AGENT MAY FILE PROOFS OF CLAIM 85 9.10 LENDER REPLY PERIOD.

  • DIRECTION EVENTS 70 SECTION 6.01 EVENTS OF DEFAULT 70 SECTION 6.02 AMORTIZATION EVENTS 73 SECTION 6.03 RE-DIRECTION EVENTS 73 ARTICLE VII THE ADMINISTRATIVE AGENT 74 SECTION 7.01 APPOINTMENT 74 SECTION 7.02 RIGHTS AS A LENDER.

  • RIGHTS AS A LENDER.....................................................................................

  • ADMINISTRATIVE AGENT 89 9.01 APPOINTMENT AND AUTHORITY 89 9.02 RIGHTS AS A LENDER 90 9.03 EXCULPATORY PROVISIONS 90 9.04 RELIANCE BY ADMINISTRATIVE AGENT 91 9.05 DELEGATION OF DUTIES 91 9.06 RESIGNATION OR REMOVAL OF ADMINISTRATIVE AGENT 91 9.07 NON-RELIANCE ON ADMINISTRATIVE AGENT AND OTHER LENDERS 92 9.08 NO OTHER DUTIES, ETC.

  • RIGHTS AS A LENDER...........................................................................

  • ADMINISTRATIVE AGENT 92 9.01 APPOINTMENT AND AUTHORITY 92 9.02 RIGHTS AS A LENDER 92 9.03 EXCULPATORY PROVISIONS 92 9.04 RELIANCE BY ADMINISTRATIVE AGENT 93 9.05 DELEGATION OF DUTIES 94 9.06 RESIGNATION OR REMOVAL OF ADMINISTRATIVE AGENT 94 9.07 NON-RELIANCE ON ADMINISTRATIVE AGENT AND OTHER LENDERS 95 9.08 NO OTHER DUTIES, ETC 96 9.09 ADMINISTRATIVE AGENT MAY FILE PROOFS OF CLAIM 96 9.10 LENDER REPLY PERIOD.

Related to RIGHTS AS A LENDER

  • L/C Exposure at any time, the sum of (a) the aggregate undrawn amount of all outstanding Letters of Credit at such time, and (b) the aggregate amount of all L/C Disbursements that have not yet been reimbursed or converted into Revolving Loans at such time. The L/C Exposure of any L/C Lender at any time shall equal its L/C Percentage of the aggregate L/C Exposure at such time.

  • Swingline Termination Date means the date which is 7 Business Days prior to the Termination Date.

  • Commitment Expiration Date means the date on which IHCDA’s commitment under the Program expires.

  • Credit Exposure means, as to any Lender at any time, the sum of (a) such Lender’s Revolving Credit Exposure at such time, plus (b) an amount equal to the aggregate principal amount of its Term Loans outstanding at such time.

  • Commercial LC Exposure means, at any time, the sum of (a) the aggregate undrawn amount of all outstanding commercial Letters of Credit plus (b) the aggregate amount of all LC Disbursements relating to commercial Letters of Credit that have not yet been reimbursed by or on behalf of the Borrowers. The Commercial LC Exposure of any Revolving Lender at any time shall be its Applicable Percentage of the aggregate Commercial LC Exposure at such time.

  • Ratable Portion means, with respect to any Note, an amount equal to the product of (a) the amount equal to the net proceeds being so applied to the prepayment of Senior Indebtedness in accordance with Section 10.3(b), multiplied by (b) a fraction, the numerator of which is the outstanding principal amount of such Note, and the denominator of which is the aggregate principal amount of Senior Indebtedness of the Company and its Subsidiaries being prepaid pursuant to Section 10.3(b).

  • Revolving L/C Exposure of any Class shall mean at any time the sum of (a) the aggregate undrawn amount of all Letters of Credit applicable to such Class outstanding at such time (calculated, in the case of Alternate Currency Letters of Credit, based on the Dollar Equivalent thereof) and (b) the aggregate principal amount of all L/C Disbursements applicable to such Class that have not yet been reimbursed at such time (calculated, in the case of Alternate Currency Letters of Credit, based on the Dollar Equivalent thereof). The Revolving L/C Exposure of any Class of any Revolving Facility Lender at any time shall mean its applicable Revolving Facility Percentage of the aggregate Revolving L/C Exposure applicable to such Class at such time. For all purposes of this Agreement, if on any date of determination a Letter of Credit has expired by its terms but any amount may still be drawn thereunder by reason of the operation of Rule 3.14 of the International Standby Practices, International Chamber of Commerce No. 590, such Letter of Credit shall be deemed to be “outstanding” in the amount so remaining available to be drawn. Unless otherwise specified herein, the amount of a Letter of Credit at any time shall be deemed to be the stated amount of such Letter of Credit in effect at such time; provided, that with respect to any Letter of Credit that, by its terms or the terms of any document related thereto, provides for one or more automatic increases in the stated amount thereof, the amount of such Letter of Credit shall be deemed to be the maximum stated amount of such Letter of Credit after giving effect to all such increases, whether or not such maximum stated amount is in effect at such time.

  • Letter of Credit Expiration Date means the day that is seven days prior to the Maturity Date then in effect (or, if such day is not a Business Day, the next preceding Business Day).

  • Revolving Credit Expiration Date means December 31, 2010, or such later date as to which the Lender shall, in its discretion, agree to extend the Revolving Credit Expiration Date.

  • Exchange Rights means any rights granted to limited partners of Simon Property Group, L.P., a Delaware limited partnership (including pursuant to an Exchange Rights Agreement) to exchange (subject to the Ownership Limit) limited partnership interests in such Partnership for shares of Capital Stock or cash at the option of the Corporation.

  • Non-BA Lender means any Lender which is not a BA Lender.

  • Revolving Termination Date means the earlier to occur of:

  • Swingline Participation Amount as defined in Section 2.7(c).

  • Rights or Options means warrants, options or other rights to purchase or acquire shares of Common Stock or Convertible Securities.

  • Dollar LC Exposure means, at any time, the sum of (a) the aggregate undrawn amount of all outstanding Dollar Letters of Credit at such time plus (b) the aggregate amount of all LC Disbursements in respect of such Letters of Credit that have not yet been reimbursed by or on behalf of the Borrower at such time. The Dollar LC Exposure of any Lender at any time shall be its Applicable Dollar Percentage of the total Dollar LC Exposure at such time.

  • Tranche A Lender means a Lender with a Tranche A Commitment or an outstanding Tranche A Term Loan.

  • Tranche A Maturity Date means August 4, 2005, or, if such day is not a Business Day, the next preceding Business Day.

  • Defaulting Lender Fronting Exposure means, at any time there is a Defaulting Lender, (a) with respect to the Issuing Bank, such Defaulting Lender’s Applicable Percentage of the outstanding Letter of Credit obligations other than Letter of Credit obligations as to which such Defaulting Lender’s participation obligation has been reallocated to other Lenders or cash collateralized in accordance with the terms hereof, and (b) with respect to the Swingline Lender, such Defaulting Lender’s Applicable Percentage of Swingline Loans other than Swingline Loans as to which such Defaulting Lender’s participation obligation has been reallocated to other Lenders or cash collateralized in accordance with the terms hereof.

  • Swing Line Participation Amount as defined in Section 2.7(c).

  • Revolving Exposure means, with respect to any Lender at any time, the sum of the outstanding principal amount of such Lender’s Revolving Loans and its LC Exposure and Swingline Exposure at such time.

  • L/C Obligations means, as at any date of determination, the aggregate amount available to be drawn under all outstanding Letters of Credit plus the aggregate of all Unreimbursed Amounts, including all L/C Borrowings. For purposes of computing the amount available to be drawn under any Letter of Credit, the amount of such Letter of Credit shall be determined in accordance with Section 1.06. For all purposes of this Agreement, if on any date of determination a Letter of Credit has expired by its terms but any amount may still be drawn thereunder by reason of the operation of Rule 3.14 of the ISP, such Letter of Credit shall be deemed to be “outstanding” in the amount so remaining available to be drawn.

  • Related Option means an Option with respect to which a Stock Appreciation Right has been granted.

  • Related Futures or Options Exchange for the Index means an exchange or quotation system where trading has a material effect (as determined by the Calculation Agent) on the overall market for futures or options contracts relating to the Index.

  • Standby LC Exposure means, at any time, the sum of (a) the aggregate undrawn amount of all standby Letters of Credit outstanding at such time plus (b) the aggregate amount of all LC Disbursements relating to standby Letters of Credit that have not yet been reimbursed by or on behalf of the Borrowers at such time. The Standby LC Exposure of any Revolving Lender at any time shall be its Applicable Percentage of the aggregate Standby LC Exposure at such time.

  • Revolving Obligations means the Revolving Loans, the Letter of Credit Obligations and the Swingline Loans.

  • Ratable Share means, for any Guarantor in respect of any payment of Obligations, the ratio (expressed as a percentage) as of the date of such payment of Obligations of (i) the amount by which the aggregate present fair salable value of all of its assets and properties exceeds the amount of all debts and liabilities of such Guarantor (including contingent, subordinated, unmatured, and unliquidated liabilities, but excluding the obligations of such Guarantor hereunder) to (ii) the amount by which the aggregate present fair salable value of all assets and other properties of all of the Loan Parties exceeds the amount of all of the debts and liabilities (including contingent, subordinated, unmatured, and unliquidated liabilities, but excluding the obligations of the Loan Parties hereunder) of the Loan Parties; provided, however, that, for purposes of calculating the Ratable Shares of the Guarantors in respect of any payment of Obligations, any Guarantor that became a Guarantor subsequent to the date of any such payment shall be deemed to have been a Guarantor on the date of such payment and the financial information for such Guarantor as of the date such Guarantor became a Guarantor shall be utilized for such Guarantor in connection with such payment; and (c) “Contribution Share” shall mean, for any Guarantor in respect of any Excess Payment made by any other Guarantor, the ratio (expressed as a percentage) as of the date of such Excess Payment of (i) the amount by which the aggregate present fair salable value of all of its assets and properties exceeds the amount of all debts and liabilities of such Guarantor (including contingent, subordinated, unmatured, and unliquidated liabilities, but excluding the obligations of such Guarantor hereunder) to (ii) the amount by which the aggregate present fair salable value of all assets and other properties of the Loan Parties other than the maker of such Excess Payment exceeds the amount of all of the debts and liabilities (including contingent, subordinated, unmatured, and unliquidated liabilities, but excluding the obligations of the Loan Parties) of the Loan Parties other than the maker of such Excess Payment; provided, however, that, for purposes of calculating the Contribution Shares of the Guarantors in respect of any Excess Payment, any Guarantor that became a Guarantor subsequent to the date of any such Excess Payment shall be deemed to have been a Guarantor on the date of such Excess Payment and the financial information for such Guarantor as of the date such Guarantor became a Guarantor shall be utilized for such Guarantor in connection with such Excess Payment. This Section 10.06 shall not be deemed to affect any right of subrogation, indemnity, reimbursement or contribution that any Guarantor may have under Law against the Borrower in respect of any payment of Obligations.