HLT Clause Samples
HLT. Neither the Borrower nor any Lender is aware of any circumstances which would result in classifying this transaction as a "highly leveraged transaction" as of the Closing Date under "HLT" guidelines promulgated by any Tribunal (including, without limitation, the Office of the Comptroller of the Currency). If any Tribunal or any Lender (as it interprets "HLT guidelines" promulgated by any Tribunal) classifies this transaction as a "highly leveraged transaction," such Lender (through the Administrative Agent) shall promptly notify the Borrower of such classification and the applicable interest rate margin in all contexts shall be increased by 1% as of the date of such notice.
HLT. On or prior to the Distribution Date, HLT shall take all necessary actions, including procuring the resignations of the directors named on Schedule 3.2(a), such that, at the Effective Time, its Board shall include the individuals named on Schedule 3.2(a).
HLT. If, after the Effective Date, the Agent determines that, or the Agent is advised by the Majority Lenders that the Majority Lenders have received notice from any governmental authority, central bank or comparable agent that, the Loans or the Commitments are classified as a "highly leveraged transaction" (an "HLT Classification"), the Agent shall promptly give notice of such HLT Classification to 1999 CREDIT AGREEMENT -38- 43 the Company and the other Lenders. During the period of such HLT Classification, the applicable interest rate shall be increased by one percent (1%) in the case of all Eurodollar Rate Loans, Prime Rate Loans, and Swing Line Loans.