Common use of and Section 14 Clause in Contracts

and Section 14. 1. Notwithstanding the foregoing, with respect to a Lender that is a Defaulting Lender, Agent may (and shall at the request of the Required Lenders), but shall not be obligated to, obtain a Replacement Lender and execute an Assignment Agreement on behalf of such Defaulting Lender at any time with two (2) Business Days’ prior notice to such Lender (unless notice is not practicable under the circumstances) and cause such L▇▇▇▇▇’s Term Loans and Term Loan Commitments to be sold and assigned, in whole or in part, at par. Upon any such assignment and payment and compliance with the other provisions of Section 14.1, such replaced Lender shall no longer constitute a “Lender” for purposes hereof; provided, any rights of such replaced L▇▇▇▇▇ to indemnification hereunder shall survive.

Appears in 3 contracts

Sources: Loan and Security Agreement (Vertex Energy Inc.), Loan and Security Agreement (Vertex Energy Inc.), Loan and Security Agreement (Vertex Energy Inc.)

and Section 14. 1. Notwithstanding the foregoing, with respect to a Lender that is a Defaulting Lender, Agent may (and shall at the request of the Required Lenders), but shall not be obligated to, obtain a Replacement Lender and execute an Assignment Agreement on behalf of such Defaulting Lender at any time with two (2) Business Days’ prior notice to such Lender (unless notice is not practicable under the circumstances) and cause such L▇▇▇▇▇Lender’s Term Loans and Term Loan Commitments to be sold and assigned, in whole or in part, at par. Upon any such assignment and payment and compliance with the other provisions of Section 14.1, such replaced Lender shall no longer constitute a “Lender” for purposes hereof; provided, any rights of such replaced L▇▇▇▇▇ Lender to indemnification hereunder shall survive.

Appears in 1 contract

Sources: Loan and Security Agreement (Vertex Energy Inc.)