Common use of Lender Replacement Clause in Contracts

Lender Replacement. If the Company is required to make any reduction or withholding with respect to any payment due any Lender under Section 3.06 hereof or is required to make any payment to a Lenders under Sections 3.04 or 3.05 hereof or a Lender's obligation to make or maintain Loans is suspended pursuant to Section 3.02 hereof (in any such case a "Replaceable Lender"), the Company may, with the consent of the Administrative Agent, propose that another lender (a "Replacement Lender"), which lender may be an existing Lender, be substituted for and replace the Replaceable Lender for purposes of this Agreement. If a Replacement Lender is so substituted for the Replaceable Lender, the Replaceable Lender shall enter into an Assignment Agreement with the Replacement Lender, the Company and the Administrative Agent to assign and transfer to the Replacement Lender the Replaceable Lender's Commitments and portion of the Loans pursuant to and in accordance with the provisions and requirements of Section 10.07(a) hereof (except that no processing or recordation fee shall be payable to the Administrative Agent) and, as a condition to its execution thereof, the Replaceable Lender shall concurrently receive the full amount of its portion of the Loans, interest thereon, and all accrued fees and other amounts to which it is entitled under this Agreement, including amounts which would have been due it under Section 3.02 hereof if its portion of the Loans had been prepaid rather than assigned.

Lender Replacement. (i) If the Company any Borrower or Guarantor is required to make any reduction or withholding with respect to any payment due any Lender under this Section 3.06 hereof 13.1, then such Lender shall use reasonable efforts to designate a different lending office for funding or booking its Loans hereunder or to assign its rights and obligations hereunder to another of its offices, branches or affiliates, if, in the judgment of such Lender, such designation or assignment (x) would eliminate or reduce amounts payable pursuant to Section 13.1(a) in the future and (y) would not subject such Lender to any unreimbursed cost or expense and would not otherwise be disadvantageous to such Lender. (ii) If any Borrower or Guarantor is required to make any reduction or withholding with respect to any payment to a Lenders due any Lender under Sections 3.04 or 3.05 hereof or a Lender's obligation to make or maintain Loans is suspended pursuant to this Section 3.02 hereof 13.1 (in any such case a "Replaceable LenderREPLACEABLE LENDER"), the Company may, with the consent of the Administrative Agent, propose may require that another lender bank (a "Replacement LenderREPLACEMENT LENDER"), which lender bank may be an existing Lender, be substituted for and replace the Replaceable Lender for purposes of this Agreement. If a Replacement Lender is so substituted for the Replaceable Lender, the Replaceable Lender shall enter into an Assignment Agreement with the Replacement Lender, the Company Borrowers and the Administrative Agent to assign and transfer to the Replacement Lender the Replaceable Lender's Commitments Commitments, Loans and portion participations in the credit risk with respect to the Letters of the Loans Credit hereunder pursuant to and in accordance with the provisions and requirements of Section 10.07(a) hereof (except that no processing or recordation fee shall be payable to the Administrative Agent) and, as a condition to its execution thereof, the Replaceable Lender shall concurrently receive the full amount of its portion of the Loans, interest thereon, and all accrued fees and other amounts to which it is entitled under this Agreement, including amounts which would have been due it under Section 3.02 hereof if its portion of the Loans had been prepaid rather than assigned.of