Common use of Bail-In Action Clause in Contracts

Bail-In Action. Any determination by the Administrative Agent that a Lender is a Defaulting Lender under any one or more of clauses (i) through (iv) above shall be conclusive and binding absent manifest error, and such Lender shall be deemed to be a Defaulting Lender (subject to Section 2.21(b)) upon delivery of written notice of such determination to the Borrower, each LC Issuing Bank and each Lender.

Appears in 27 contracts

Samples: Credit Agreement (Midamerican Energy Co), Credit Agreement (Pacificorp /Or/), Credit Agreement (Midamerican Energy Co)

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Bail-In Action. Any determination by the Administrative Agent that a Lender is a Defaulting Lender under any one or more of clauses (i) through (iv) above shall be conclusive and binding absent manifest error, and such Lender shall be deemed to be a Defaulting Lender (subject to Section 2.21(b)) upon delivery of written notice of such determination to the Borrower, each LC Issuing Bank Borrower and each Lender.

Appears in 5 contracts

Samples: Credit Agreement (Midamerican Funding LLC), Credit Agreement (Midamerican Funding LLC), Credit Agreement (Pacificorp /Or/)

Bail-In Action. Any determination by the Administrative Agent that a Lender is a Defaulting Lender under any one or more of clauses (ia) through (ivd) above shall be conclusive and binding absent manifest error, and such Lender shall be deemed to be a Defaulting Lender (subject to Section 2.21(b2.20(d)) upon delivery by the Administrative Agent of written notice of such determination to the Borrower, each LC Issuing Bank Bank, the Swingline Lender and each Lender.

Appears in 5 contracts

Samples: Credit Agreement (Papa Johns International Inc), Credit Agreement (Papa Johns International Inc), Credit Agreement (Papa Johns International Inc)

Bail-In Action. Any determination that a Lender is a Defaulting Lender will be made by the Administrative Agent in its sole discretion acting in good faith. Any determination by the Administrative Agent that a Lender is a Defaulting Lender under any one or more of clauses (ia) through (ivd) above shall be conclusive and binding absent manifest error, and such Lender shall be deemed to be a Defaulting Lender (subject to Section 2.21(b)) upon delivery of written notice of such determination to the Borrower, each LC Issuing Bank and each Lender.

Appears in 4 contracts

Samples: Credit Agreement (Hi-Crush Partners LP), Credit Agreement (Hi-Crush Inc.), Possession Credit Agreement (Hi-Crush Inc.)

Bail-In Action. Any determination by the Administrative Agent or the Borrower that a Lender is a Defaulting Lender under any one or more of clauses clause (ia) through (ivd) above shall be conclusive and binding absent manifest error, and such Lender shall be deemed to be a Defaulting Lender (subject to Section 2.21(b)) upon delivery of written notice of such determination to the Borrower, each LC Issuing Bank Borrower and each LenderCredit Party.

Appears in 3 contracts

Samples: Credit Agreement (Crown Castle International Corp), Credit Agreement (Crown Castle International Corp), Credit Agreement (Crown Castle International Corp)

Bail-In Action. Any determination by the Administrative Agent that a Lender is a Defaulting Lender under any one or more of clauses (ia) through (ive) above shall be conclusive and binding absent manifest error, and such Lender shall be deemed to be a Defaulting Lender (subject to Section 2.21(b)2.21) upon delivery of written notice of such determination to the Borrower, each LC the Issuing Bank Lender and each LenderLender (other than any Lender subject to a Bankruptcy Event).

Appears in 2 contracts

Samples: Credit Agreement (Jones Lang LaSalle Income Property Trust, Inc.), Credit Agreement (Jones Lang LaSalle Income Property Trust, Inc.)

Bail-In Action. Any determination by the Administrative Agent that a Lender is a Defaulting Lender under any one or more of clauses (ia) through (ivd) above shall be conclusive and binding absent manifest error, and such Lender shall be deemed to be a Defaulting Lender (subject to Section 2.21(b2.19(d)) upon delivery of written notice of such determination to the BorrowerBorrower Representative, each LC Issuing Bank Bank, the Swingline Lender and each Lender.

Appears in 2 contracts

Samples: Credit Agreement (Orthofix Medical Inc.), Credit Agreement (Orthofix International N V)

Bail-In Action. Any determination by the Administrative Agent that a Lender is a Defaulting Lender under any one or more of clauses (ia) through (ivd) above shall be conclusive and binding absent manifest error, and such Lender shall be deemed to be a Defaulting Lender (subject to Section 2.21(b)2.19) upon delivery of written notice of such determination to the Borrower, each LC Issuing Bank Borrower and each Lender.

Appears in 1 contract

Samples: Credit Agreement (Total System Services Inc)

Bail-In Action. Any determination by the Administrative Agent that a Lender is a Defaulting Lender under any one or more of clauses (ia) through (ivd) above shall be conclusive and binding absent manifest error, and such Lender shall be deemed to be a Defaulting Lender (subject to Section 2.21(b2.20(b)) upon delivery of written notice of such determination to the Borrower, each LC Issuing Bank Parent and each LenderCredit Party.

Appears in 1 contract

Samples: Credit Agreement (Cardtronics PLC)

Bail-In Action. Any determination by the Administrative Agent that a Lender is a Defaulting Lender under any one or more of clauses (ia) through (ive) above shall be conclusive and binding absent manifest error, and such Lender shall be deemed to be a Defaulting Lender (subject to Section 2.21(b)2.21) upon delivery of written notice of such determination to the Borrower, each LC Issuing Bank Borrower and each LenderLender (other than any Lender subject to a Bankruptcy Event).

Appears in 1 contract

Samples: Credit Agreement (Jones Lang LaSalle Income Property Trust, Inc.)

Bail-In Action. Any determination by the Administrative Agent that a Lender is a Defaulting Lender under any one or more of clauses (i) through (iv) above shall be conclusive and binding absent manifest error, and such Lender shall be deemed to be a Defaulting Lender (subject to Section 2.21(b)) upon delivery of written notice of such determination to the Borrower, each LC Issuing Bank Borrower and each Lender.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Energy Transfer LP)

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Bail-In Action. Any determination by the Administrative Agent that a Lender is a Defaulting Lender under any one or more of clauses (ia) through (ivd) above shall be conclusive and binding absent manifest error, and such Lender shall be deemed to be a Defaulting Lender (subject to Section 2.21(b2.17(d)) upon delivery of written notice of such determination to the Borrower, each LC Issuing Bank Company and each Lender.

Appears in 1 contract

Samples: Assignment and Assumption (Lockheed Martin Corp)

Bail-In Action. Any determination by the Administrative Agent that a Lender is a Defaulting Lender under any one or more of clauses (ia) through (ivd) above shall be conclusive and binding absent manifest error, and such Lender shall be deemed to be a Defaulting Lender (subject to Section 2.21(b2.19(e)) upon delivery of written notice of such determination to the Borrower, each LC Issuing Bank L/C Issuer and each Lender.

Appears in 1 contract

Samples: Credit Agreement (Total System Services Inc)

Bail-In Action. Any determination by the Administrative Agent that a Lender is a Defaulting Lender under any one or more of clauses (ia) through (ivd) above shall be conclusive and binding absent manifest error, and such Lender shall be deemed to be a Defaulting Lender (subject to Section 2.21(b)) upon delivery of written notice of such determination to the Borrower, each LC Issuing Fronting Bank and each Lender.

Appears in 1 contract

Samples: Credit Agreement (Mack Cali Realty L P)

Bail-In Action. Any determination by the Administrative Agent that a Lender is a Defaulting Lender under any one or more of clauses (ia) through (ivd) above shall be conclusive and binding absent manifest error, and such Lender shall be deemed to be a Defaulting Lender (subject to Section 2.21(b)2.20) upon delivery of written notice of such determination to the Borrower, each LC Issuing Bank L/C Issuer and each Lender.

Appears in 1 contract

Samples: Guaranty Agreement (Macquarie Infrastructure Corp)

Bail-In Action. Any determination by the Administrative Agent that a Lender is a Defaulting Lender under any one or more of clauses (ia) through (ivd) above shall be conclusive and binding absent manifest error, and such Lender shall be deemed to be a Defaulting Lender (subject to Section 2.21(b2.21(g)) upon delivery of written notice of such determination to the Borrower, each LC Issuing Bank Bank, the Swingline Lender and each other Lender.

Appears in 1 contract

Samples: Credit Agreement (Leggett & Platt Inc)

Bail-In Action. Any determination by the Administrative Agent that a Lender is a Defaulting Lender under any one or more of clauses (ia) through (ivg) above shall be conclusive and binding absent manifest error, and such Lender shall be deemed to be a Defaulting Lender (subject to Section 2.21(b2.06(d)) upon delivery of written notice of such determination to the Borrower, each LC Issuing Bank Borrower and each Lender.

Appears in 1 contract

Samples: Revolving Credit Agreement (Southwest Gas Holdings, Inc.)

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