Changes to Borrowers Clause Samples
The "Changes to Borrowers" clause defines the rules and procedures for modifying the list or identity of borrowers under an agreement. Typically, this clause outlines the conditions under which a new borrower can be added, an existing borrower can be removed, or the responsibilities of borrowers can be reassigned, often requiring lender consent and updated documentation. Its core function is to ensure that any changes to the parties responsible for the loan are managed transparently and with proper authorization, thereby maintaining clarity and protecting the interests of all parties involved.
Changes to Borrowers. 7.5.1 Any Borrower in respect of which no Advance is outstanding hereunder (including any other amounts outstanding in relation thereto) may, at the request of the Parent, cease to be a Borrower by entering into a supplemental agreement to this Agreement in such form as the Agent may reasonably require which shall discharge that Borrower’s obligations hereunder.
7.5.2 Any Borrower (the “Existing Borrower”) may be released from its obligations under this Agreement as a Borrower, provided that another Borrower (the “Substitute Borrower”) assumes the obligations in respect thereof of the Existing Borrower and provided further that:
(A) any such substitution shall take effect on and from the later of the day upon which the Agent notifies the Parent in writing that it is satisfied with the compliance with the matters set out in paragraphs (C) and (D) below and the date for substitution specified in the relevant notice under paragraph (B) below;
(B) notice of the proposed substitution has been delivered by the Parent to the Agent not less than 14 days prior to the proposed substitution;
(C) no Event of Default has occurred and is continuing; and
(D) the Substitute Borrower enters into a novation agreement with the Existing Borrower, the Parent and the Agent on behalf of the Banks in the form of Part III of Schedule 4 (Forms of Accession Documents) together with such amendments as the Agent may reasonably require. Each Bank authorises the Agent to sign on its behalf any novation agreement entered into in accordance with this Clause 7.5.2. For the avoidance of doubt, this Clause 7.5 shall not operate to release the Guarantor from its obligations under this Agreement in its capacity as the Guarantor.
Changes to Borrowers. 7.6.1 Any Borrower in respect of which no Advance is outstanding hereunder (including any other amounts outstanding in relation thereto) may, at the request of the Parent, cease to be a Borrower by entering into a supplemental agreement to this Agreement in such form as the Agent may reasonably require which shall discharge that Borrower's obligations hereunder.