Excluded Commitments. If: (a) any 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 10 Business Days of that request being made; (b) or any Lender which is not a Defaulting Lender fails to respond to such a request (other than an amendment, waiver or consent referred to in paragraphs (i), (ii) and (iii) of Clause 27.2 (Exceptions) or such a vote within 10 Business Days of that request being made (unless in either case the Borrowers and the Facility Agent agree to a longer time period in relation to any request): (i) its Commitment shall not be included for the purpose of calculating the Total Commitments under the Loan when ascertaining whether any relevant percentage (including, for the avoidance of doubt, unanimity) of Total Commitments has been obtained to approve that request; and (ii) its status as a Lender shall be disregarded for the purpose of ascertaining whether the agreement of any specified group of Lenders has been obtained to approve that request.
Appears in 2 contracts
Sources: Loan Agreement (Capital Product Partners L.P.), Loan Agreement (Capital Product Partners L.P.)
Excluded Commitments. If:
(a) 35.3.1 any 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 10 ten Business Days of that request being made;; or
(b) or 35.3.2 any Lender which is not a Defaulting Lender fails to respond to such a request (other than an amendment, waiver or consent referred to in paragraphs (iClauses 35.2.1(b), (ii35.2.1(c) and (iii35.2.1(d) of Clause 27.2 (Exceptions)) or such a vote within 10 ten Business Days of that request being made made, (unless unless, in either case case, the Borrowers and the Facility Agent agree to a longer time period in relation to any request):
(ia) its Commitment Commitment(s) shall not be included for the purpose of calculating the Total Commitments under the Loan when ascertaining whether any relevant percentage (including, for the avoidance of doubt, unanimity) of Total Commitments has been obtained to approve that request; and
(iib) its status as a Lender shall be disregarded for the purpose of ascertaining whether the agreement of any specified group of Lenders has been obtained to approve that request.
Appears in 2 contracts
Sources: Secured Loan Facility Agreement (Diana Containerships Inc.), Secured Loan Agreement (Diana Containerships Inc.)
Excluded Commitments. If:
(a) 34.3.1 any 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 10 fifteen (15) Business Days of that request being made;; or
(b) or 34.3.2 any Lender which is not a Defaulting Lender fails to respond to such a request (other than an amendment, waiver or consent referred to in paragraphs (iClauses 34.2.1(b), (ii34.2.1(c) and (iii34.2.1(e) of Clause 27.2 (Exceptions)) or other or such a vote within 10 15 Business Days of that request being made made, (unless unless, in either case case, the Borrowers and the Facility Agent agree to a longer time period in relation to any request):
(ia) its Commitment Commitment(s) shall not be included for the purpose of calculating the Total Commitments under the Loan when ascertaining whether any relevant percentage (including, for the avoidance of doubt, unanimity) of Total Commitments has been obtained to approve that request; and
(iib) its status as a Lender shall be disregarded for the purpose of ascertaining whether the agreement of any specified group of Lenders has been obtained to approve that request.
Appears in 1 contract
Sources: Secured Loan Agreement (Genco Shipping & Trading LTD)
Excluded Commitments. If:
(aA) any 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 10 five Business Days of that request being made;; or
(bB) or any Lender which is not a Defaulting Lender fails to respond to such a request (other than an amendment, waiver or consent referred to in paragraphs (iClause 33.2(C), Clause 33.2(E) or Clause 33.2(F) (ii) and (iii) of Clause 27.2 (ExceptionsAll Lender matters)) or such a vote within 10 ten Business Days of that request being made made, (unless unless, in either case case, the Borrowers Borrower and the Facility Agent agree to a longer time period in relation to any request):
(i1) its Commitment shall not be included for the purpose of calculating the Total Commitments under the Loan when ascertaining whether any relevant percentage (including, for the avoidance of doubt, unanimity) of Total Commitments has been obtained to approve that request; and
(ii2) its status as a Lender shall be disregarded for the purpose of ascertaining whether the agreement of any specified group of Lenders has been obtained to approve that request.
Appears in 1 contract
Sources: Bridge and Term Facilities Agreement (Rentokil Initial PLC /Fi)