Common use of Assignment of Commitments Under Certain Circumstances Clause in Contracts

Assignment of Commitments Under Certain Circumstances. In the event that (a) the Borrower shall be required to make additional payments to any Lender under Section 3.4 (each, an "Increased Cost Lender") then, with respect to each such Increased Cost Lender (the "Terminated Lender"), the Borrower shall have the right, but not the obligation, at its own expense, upon notice to such Terminated Lender and the Agent, to replace such Terminated Lender with (x) another Lender or (y) an assignee (in accordance with and subject to the restrictions contained in Section 10.2), and such Terminated Lender hereby agrees to transfer and assign without recourse (in accordance with and subject to the restrictions contained in Section 10.2) all its interests, rights and obligations under this Agreement to such other Lender or assignee; provided, however, that no Terminated Lender shall be obligated to make any such assignment unless (i) such assignment shall not conflict with any law or any rule, regulation or order of any Governmental Authority and (ii) the affected Terminated Lender shall have been paid in immediately available funds on the date of such assignment the principal of and interest accrued to the date of payment on the Loans made by such Terminated Lender and any other amounts required to be paid by any Loan Party to such Terminated Lender under this Agreement (including any amounts required to be paid under Section 3.4.with respect to the payments described in this clause (ii) or otherwise).

Assignment of Commitments Under Certain Circumstances. In the event that (a) any Lender or LC Bank shall have delivered a notice or certificate pursuant to Section 2.12 or 2.13, or the Borrower shall be required to make additional payments to any Lender or LC Bank under Section 3.4 (each, an "Increased Cost Lender") then, with respect to each such Increased Cost Lender (the "Terminated Lender")2.17, the Borrower shall have the right, but not the obligation, at its own expense, upon notice to such Terminated Lender or LC Bank (as the case may be) and the Administrative Agent, to replace require such Terminated Lender with (x) another Lender or LC Bank (yas the case may be) an assignee (in accordance with and subject to the restrictions contained in Section 10.2), and such Terminated Lender hereby agrees to transfer and assign without recourse (in accordance with and subject to the restrictions contained in Section 10.29.04) all its such Lender's or LC Bank's (as the case may be) interests, rights and obligations under this Agreement contained hereunder to another financial institution approved by the Administrative Agent and the Borrower (which approval shall not be unreasonably withheld) which shall assume such other Lender or assigneeobligations; provided, however, provided that no Terminated Lender shall be obligated to make any such assignment unless (i) no such assignment shall not conflict with any law law, rule or any rule, regulation or order of any Governmental Authority and (ii) the assignee shall pay to the affected Terminated Lender shall have been paid or LC Bank (as the case may be) in immediately available funds on the date of such assignment the principal of and interest accrued to the date of payment on the Loans Extensions of Credit made by such Terminated Lender it hereunder and any all other amounts required accrued for its account or owed to be paid by any Loan Party to such Terminated Lender under this Agreement (including any amounts required to be paid under Section 3.4.with respect to the payments described in this clause (ii) or otherwise)it hereunder.

Assignment of Commitments Under Certain Circumstances. In the event that (a) any Lender or the Fronting Bank shall have delivered a notice or certificate pursuant to Section 2.13 or 2.14, or the Borrower shall be required to make additional payments to any Lender or the Fronting Bank under Section 3.4 (each, an "Increased Cost Lender") then, with respect to each such Increased Cost Lender (the "Terminated Lender")2.18, the Borrower shall have the right, but not the obligation, at its own expense, upon notice to such Terminated Lender or the Fronting Bank (as the case may be) and the AgentAgents, to replace require such Terminated Lender with (x) another Lender or the Fronting Bank (yas the case may be) an assignee (in accordance with and subject to the restrictions contained in Section 10.2), and such Terminated Lender hereby agrees to transfer and assign without recourse (in accordance with and subject to the restrictions contained in Section 10.28.04) all its such Lender's or the Fronting Bank's (as the case may be) interests, rights and obligations under this Agreement contained hereunder to another financial institution approved by the Agents and the Borrower (which approval shall not be unreasonably withheld) which shall assume such other Lender or assigneeobligations; provided, however, provided that no Terminated Lender shall be obligated to make any such assignment unless (i) no such assignment shall not conflict with any law law, rule or any rule, regulation or order of any Governmental Authority and (ii) the assignee shall pay to the affected Terminated Lender shall have been paid or the Fronting Bank (as the case may be) in immediately available funds on the date of such assignment the principal of and interest accrued to the date of payment on the Loans Extensions of Credit made by such Terminated Lender it hereunder and any all other amounts required accrued for its account or owed to be paid by any Loan Party it hereunder and the Borrower shall pay the processing and recordation fee due pursuant to such Terminated Lender under this Agreement (including any amounts required to be paid under Section 3.4.with respect to the payments described in this clause (ii) or otherwise)8.04.

Assignment of Commitments Under Certain Circumstances. In the event that (a) any Lender or LC Bank shall have delivered a notice or certificate pursuant to Section 2.12 or 2.13, or the Borrower shall be required to make additional payments to any Lender or LC Bank under Section 3.4 (each, an "Increased Cost Lender") then, with respect to each such Increased Cost Lender (the "Terminated Lender")2.17, the Borrower shall have the right, but not the obligation, at its own expense, upon notice to such Terminated Lender or LC Bank (as the case may be) and the Administrative Agent, to replace require such Terminated Lender with (x) another Lender or LC Bank (yas the case may be) an assignee (in accordance with and subject to the restrictions contained in Section 10.2), and such Terminated Lender hereby agrees to transfer and assign without recourse (in accordance with and subject to the restrictions contained in Section 10.29.04) all its such Lender's or LC Bank's (as the case may be) interests, rights and obligations under this Agreement contained hereunder to another financial institution approved by the Administrative Agent and the Borrower (which approval shall not be unreasonably withheld) which shall assume such other Lender or assigneeobligations; provided, however, provided that no Terminated Lender shall be obligated to make any such assignment unless (i) no such assignment shall not conflict with any law law, rule or any rule, regulation or order of any Governmental Authority and (ii) the assignee shall pay to the affected Terminated Lender shall have been paid or LC Bank (as the case may be) in immediately available funds on the date of such assignment the principal of and interest accrued to the date of payment on the Loans made by such Terminated Lender it hereunder and any all other amounts required (including, without limitation, reimbursement obligations in respect of Letters of Credit) accrued for its account or owed to be paid by any Loan Party to such Terminated Lender under this Agreement (including any amounts required to be paid under Section 3.4.with respect to the payments described in this clause (ii) or otherwise)it hereunder.