Common use of Delinquent Lenders Clause in Contracts

Delinquent Lenders. Notwithstanding anything to the contrary contained in this Reimbursement and Pledge Agreement or any of the other Loan Documents, any Lender that (a) fails (i) to fund a Loan or purchase any Letter of Credit Participation (ii) to comply with the provisions of §15.2 with respect to making dispositions and arrangements with the other Lenders, where such Lender’s share of any payment received, whether by set-off or otherwise, is in excess of its pro rata share of such payments due and payable to all of the Lenders, in each case as, when and to the full extent required by the provisions of this Reimbursement and Pledge Agreement, or (b) has been deemed insolvent or become the subject of a bankruptcy or insolvency proceeding, shall be deemed delinquent (a “Delinquent Lender”) and shall be deemed a Delinquent Lender until such time as such delinquency is satisfied.

Appears in 2 contracts

Samples: Control Agreement (Montpelier Re Holdings LTD), Reimbursement and Pledge Agreement (Montpelier Re Holdings LTD)

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Delinquent Lenders. Notwithstanding anything to the contrary contained in this Reimbursement and Pledge Agreement or any of the other Loan Documents, any Lender that (a) fails (i) to fund a Loan drawing under a Several Letter of Credit or purchase any Letter of Credit Participation that it is required to fund or purchase, as the case may be, within one Business Day, (ii) to comply with the provisions of §15.2 14.1 with respect to making dispositions and arrangements with the other Lenders, where such Lender’s share of any payment received, whether by set-off or otherwise, is in excess of its pro rata share of such payments due and payable to all of the Lenders, in each case as, when and to the full extent required by the provisions of this Reimbursement and Pledge Agreement, Credit Agreement unless such failure has been cured or is the subject of a good faith dispute or (b) has been deemed insolvent or become the subject of a bankruptcy or insolvency proceeding, shall be deemed delinquent (a “Delinquent Lender”) and shall be deemed a Delinquent Lender until such time as such delinquency is satisfied.

Appears in 1 contract

Samples: Reimbursement and Pledge Agreement (Montpelier Re Holdings LTD)

Delinquent Lenders. Notwithstanding anything to the contrary contained in this Reimbursement and Pledge Agreement or any of the other Loan Documents, any Lender that (a) fails (i) to fund a Loan drawing under a Several Letter of Credit or purchase any Letter of Credit Participation (ii) to comply with the provisions of §15.2 14.2 with respect to making dispositions and arrangements with the other Lenders, where such Lender’s share of any payment received, whether by set-off or otherwise, is in excess of its pro rata share of such payments due and payable to all of the Lenders, in each case as, when and to the full extent required by the provisions of this Reimbursement and Pledge Agreement, or (b) has been deemed insolvent or become the subject of a bankruptcy or insolvency proceeding, shall be deemed delinquent (a “Delinquent Lender”) and shall be deemed a Delinquent Lender until such time as such delinquency is satisfied.

Appears in 1 contract

Samples: Assignment and Assumption (Montpelier Re Holdings LTD)

Delinquent Lenders. Notwithstanding anything to the contrary contained in this Reimbursement and Pledge Credit Agreement or any of the other Loan Documents, any Lender that (a) fails (i) to fund a Loan or a drawing under a Several Letter of Credit or purchase any Letter of Credit Participation that it is required to fund or purchase, as the case may be, within one Business Day, (ii) to comply with the provisions of §15.2 14.1 with respect to making dispositions and arrangements with the other Lenders, where such Lender’s share of any payment received, whether by set-off or otherwise, is in excess of its pro rata share of such payments due and payable to all of the Lenders, in each case as, when and to the full extent required by the provisions of this Reimbursement and Pledge AgreementCredit Agreement unless such failure has been cured or is the subject of a good faith dispute, or (b) has been deemed insolvent or become the subject of a bankruptcy or insolvency proceeding, shall be deemed delinquent (a “Delinquent Lender”) and shall be deemed a Delinquent Lender until such time as such delinquency is satisfied.

Appears in 1 contract

Samples: Credit Agreement (Montpelier Re Holdings LTD)

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Delinquent Lenders. Notwithstanding anything to the contrary contained in this Reimbursement and Pledge Agreement or any of the other Loan Documents, any Lender that (a) fails (i) to fund a Loan drawing under a Several Letter of Credit or purchase any Letter of Credit Participation (ii) to comply with the provisions of §15.2 14.2 with respect to making dispositions and arrangements with the other Lenders, where such Lender’s share of any payment received, whether by set-off or otherwise, is in excess of its pro rata share of such payments due and payable to all of the Lenders, in each case as, when and to the full extent required by the provisions of this Reimbursement and Pledge AgreementAgreement unless such failure has been cured, or (b) has been deemed insolvent or become the subject of a bankruptcy or insolvency proceeding, shall be deemed delinquent (a “Delinquent Lender”) and shall be deemed a Delinquent Lender until such time as such delinquency is satisfied.

Appears in 1 contract

Samples: Reimbursement and Pledge Agreement (Montpelier Re Holdings LTD)

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