Common use of Excluded Commitments Clause in Contracts

Excluded Commitments. If any Lender (including a Defaulting Lender) fails to respond to a request for a consent, waiver, amendment of or in relation to any term of any Finance Document or any other vote of Lenders under the terms of this Agreement within 20 Business Days of that request being made (unless, in either case, the Borrower and the Agent agree to a longer time period in relation to any request): (a) its Commitment(s) shall not be included for the purpose of calculating the Total Commitments under the Facility when ascertaining whether any relevant percentage (including, for the avoidance of doubt, unanimity) of Total Commitments has been obtained to approve that request; and (b) its status as a Lender shall be disregarded for the purpose of ascertaining whether the agreement of the Lenders has been obtained to approve that request.

Appears in 2 contracts

Sources: Facility Agreement (Baring Asia Private Equity Fund v Co-Investment L.P.), Facility Agreement (Giant Interactive Group Inc.)

Excluded Commitments. If any Lender (including a Defaulting Lender) fails to respond accept or to reject a request by or on behalf of the Obligors for a consent, waiver, waiver or amendment of or in relation to any term of the terms of any Finance Document or any other vote of Lenders under the terms of this Agreement within 20 10 Business Days of that request being made (unless, in either case, unless the Borrower and the Agent agree to a longer time period in relation to any request): (a) its Commitment(s) shall not be included for the purpose of calculating the Total Commitments under the Facility when ascertaining whether any relevant percentage (including, for the avoidance of doubt, unanimity) of Total Commitments has been obtained to approve that request; and (b) its status as a Lender shall be disregarded for the purpose of ascertaining whether the agreement of the any specified group of Lenders has been obtained to approve that request.

Appears in 2 contracts

Sources: Loan Agreement (PCGI Intermediate Holdings LTD), Facility Agreement (PCGI Intermediate Holdings LTD)

Excluded Commitments. If any Defaulting Lender (including a Defaulting Lender) fails to respond to a request for a consent, waiver, amendment of or in relation to any term of any Finance Document or any other vote of Lenders under the terms of this Agreement within 20 three (3) Business Days of that request being made (unless, in either case, unless the Borrower and the Administrative Agent agree to a longer time period in relation to any request): (a) its Commitment(s) Commitment or its participation in the Loan shall not be included for the purpose of calculating the Total Commitments under or the Facility amount of the Loan when ascertaining whether any relevant percentage (including, for the avoidance of doubt, unanimity) of Total Commitments or the amount of the Loan has been obtained to approve that request; and (b) its status as a Lender shall be disregarded for the purpose of ascertaining whether the agreement of the any specified group of Lenders has been obtained to approve that request.

Appears in 2 contracts

Sources: Loan Agreement (Dorian LPG Ltd.), Loan Agreement (Dorian LPG Ltd.)

Excluded Commitments. If any Defaulting Lender (including a Defaulting Lender) fails to respond to a request for a consent, waiver, amendment of or in relation to any term of any Finance Document or any other vote of Lenders under the terms of this Agreement within 20 10 Business Days of that request being made (unless, in either case, unless the Borrower Company and the Agent agree to a longer time period in relation to any request):) of that request being made: (a) its Commitment(s) shall not be included for the purpose of calculating the Total Commitments under the relevant Facility or Facilities when ascertaining whether any relevant percentage (including, for the avoidance of doubt, unanimity) of Total Commitments has been obtained to approve that request; and (b) its status as a Lender shall be disregarded for the purpose of ascertaining whether the agreement of the any specified group of Lenders has been obtained to approve that request.

Appears in 1 contract

Sources: Senior Term and Revolving Facilities Agreement (Melrose PLC)

Excluded Commitments. If any Lender (including a Defaulting Lender) fails to respond to a request for a consent, waiver, amendment of or in relation to any term of any the terms of the Finance Document or any other vote of Lenders under the terms of this Agreement within 20 fifteen (15) Business Days or (in the case of a matter that requires the consent or approval of all Lenders) twenty (20) Business Days of that request being made (unless, in either case, the Borrower and the Agent agree to a longer time period in relation to any request):made: (a) its Commitment(s) Commitment and/or participation in the Loan then outstanding shall not be included for the purpose of calculating the Total Commitments or participations under the Facility when ascertaining whether any relevant percentage (including, for the avoidance of doubt, unanimity) of Total Commitments has been obtained to approve that request; and (b) its status as a Lender shall be disregarded for the purpose of ascertaining whether the agreement of the any specified group of Lenders has been obtained to approve that request.

Appears in 1 contract

Sources: Facility Agreement (Navios Maritime Partners L.P.)

Excluded Commitments. If any Lender (including a Defaulting Lender) fails to respond to a written request for a consent, waiver, waiver or amendment of or in relation to any term of any Finance Document or any other vote of Lenders under the terms of this Agreement within 20 30 Business Days of that request being made (unlessby the Borrower to all relevant Lenders through the Facility Agent), in either case, unless the Borrower and the Facility Agent agree to a longer time period in relation to any such request):: (a) its Commitment(s) Commitment shall not be included for the purpose of calculating the Total Commitments under the Facility relevant Facility/ies when ascertaining whether any relevant percentage (including, for the avoidance of doubt, unanimity) of Total Commitments has been obtained to approve that request; and (b) its status as a Lender shall be disregarded for the purpose of ascertaining whether the agreement of the any specified group of Lenders has been obtained to approve that request.

Appears in 1 contract

Sources: Senior Facilities Agreement (OneSmart International Education Group LTD)