Lenders Sample Clauses

Lenders lenders party to this Agreement (including Agent in its capacity as provider of Swingline Loans) and any Person who hereafter becomes a “Lender” pursuant to an Assignment, including any Lending Office of the foregoing.

Lenders. Any Lender that is entitled to an exemption from or reduction of withholding tax under the law of the jurisdiction in which the Borrower is located, or any treaty to which such jurisdiction is a party, with respect to payments under this Agreement shall deliver to the Borrower (with a copy to the Administrative Agent), at the time or times prescribed by applicable law or reasonably requested by the Borrower, such properly completed and executed documentation prescribed by applicable law as will permit such payments to be made without withholding or at a reduced rate. In addition, any Lender, if requested by the Borrower or the Administrative Agent, shall deliver such other documentation prescribed by applicable law or reasonably requested by the Borrower or the Administrative Agent as will enable the Borrower or the Administrative Agent to determine whether or not such Lender is subject to backup withholding or information reporting requirements. Without limiting the generality of the foregoing, if the Borrower is resident for U.S. federal income tax purposes in the United States, (A) any Lender that is a “United States person” as defined in section 7701(a)(30) of the Code shall deliver to the Borrower and the Administrative Agent on or prior to the date on which such Lender becomes a Lender under this Agreement (and from time to time thereafter upon the request of the Borrower or the Administrative Agent), executed originals of Internal Revenue Service Form W-9 or such other documentation or information prescribed by applicable laws or reasonably requested by the Borrower or the Administrative Agent as will enable the Borrower or the Administrative Agent, as the case may be, to determine whether or not such Lender is subject to backup withholding or information reporting requirement; and (B) each Foreign Lender shall deliver to the Borrower and the Administrative Agent (in such number of copies as shall be requested by the recipient) on or prior to the date on which such Foreign Lender becomes a Lender under this Agreement (and from time to time thereafter upon the reasonable request of the Borrower or the Administrative Agent, but, in any event, only if such Foreign Lender is legally entitled to do so), whichever of the following is applicable: (i) duly completed executed originals of Internal Revenue Service Form W-8BEN or any successor form claiming eligibility for benefits of an income tax treaty to which the United States is a party, (ii) duly comple...

Lenders. Pursuant to Section 2.14 of the Credit Agreement, and subject to the terms and conditions set forth herein and in the Credit Agreement, on and as of the Second Incremental Amendment Closing Date: (a) Each Term B-2 Lender hereby agrees to make a Term B-2 Loan to the Borrower on the Second Incremental Amendment Closing Date in an amount equal to its Term B-2 Commitment pursuant to and in accordance with Section 2.01(e) of the Credit Agreement. The Term B-2 Loans provided pursuant to this Incremental Amendment shall (i) constitute Term B-2 Loans for all purposes of the Credit Agreement and the other applicable Loan Documents, (ii) be subject to all of the terms in the Credit Agreement and to the conditions specified in Section 2.01(e) of the Credit Agreement, (iii) be entitled to all the benefits afforded by the Credit Agreement and the other Loan Documents, and (iv) without limiting the foregoing, benefit equally and ratably from each of the Guaranties and Liens created by the Security Documents. For the avoidance of doubt, each Term B-2 Lender hereby consents to the Incremental Amendment. (b) Each Revolving Credit Lender that executes and delivers a Consent hereby agrees to roll over its existing Revolving Credit Commitment into a like principal amount of a Tranche A Revolving Commitment (and, in the case of any Revolving Credit Loan that is outstanding on the Second Incremental Amendment Closing Date, such Revolving Credit Loan shall be cashlessly repaid with the proceeds of a new Revolving Credit Loan in equal amount made under the Tranche A Revolving Commitment). Each Revolving Credit Lender that executes and delivers a Consent agrees that to the extent its Revolving Credit Loans under the Credit Agreement are being repaid on the Second Incremental Amendment Closing Date it waives any amounts it may be entitled to under Section 3.05 of the Credit Agreement in connection with such repayment. For the avoidance of doubt, each Revolving Credit Lender that executes and delivers a Consent hereby consents to the Incremental Amendment. (c) Each of the undersigned Term B-2 Lenders, the Administrative Agent and the Borrower acknowledges and agrees that upon the execution by such Term B-2 Lender of this Incremental Amendment and the occurrence of the Second Incremental Amendment Closing Date, such Term B-2 Lender shall (x) in the case of any Term B-2 Lender that is an existing Lender under the Credit Agreement, continue to be a “Lender” for all purposes of, and sub...

Lenders. If any Lender shall make any demand for payment or reimbursement pursuant to Section 2.03(g), Section 2.03(h) or Section 2.06, then, provided that (a) there does not then exist any Unmatured Event of Default or Event of Default and (b) the circumstances resulting in such demand for payment or reimbursement are not applicable to all Lenders, Borrower may terminate the Commitment of such Lender, in whole but not in part, by (i) giving such Lender and Agent not less than three (3) Business Days prior written notice thereof, which notice shall be irrevocable and effective only upon receipt thereof by such Lender and Agent and shall specify the effective date of such termination, (ii) paying to such Lender (and there shall become due and payable) on such date the outstanding principal amount of all Loans made by such Lender, all interest thereon, and all other Obligations owed to such Lender, including, without limitation, amounts owing under Sections 2.03(g), 2.03(h)(iii), 2.04 and 2.06, if any, and (iii) pursuant to the provisions of Section 11.13, proposing the introduction of a replacement Lender reasonably satisfactory to Agent, or obtaining the agreement of one or more existing Lenders, to assume the entire amount of the Commitment of the Lender whose Commitment is being terminated, on the effective date of such termination. Upon the satisfaction of all of the foregoing conditions, such Lender which is being terminated pursuant to this Section 2.08 shall cease to be a "Lender" for purposes of this Agreement provided that Borrower shall continue to be obligated to such Lender under Sections 12.01 and 12.02 (and any other indemnifications contained herein or in any other Loan Document) with respect to or on account of unpaid, unliquidated, unknown or similar claims or liabilities accruing prior to such Lender ceasing to be a "Lender" for purposes of this Agreement.

Lenders. KEYBANK NATIONAL ASSOCIATION, as a Lender By: /s/ L▇▇▇▇ ▇▇▇▇▇▇ Name: L▇▇▇▇ ▇▇▇▇▇▇ Title: Senior Banker BMO BANK, N.A., as a Lender By: /s/ J▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: J▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: Director BANK OF AMERICA, N.A., as a Lender By: /s/ T▇▇▇▇ ▇▇▇▇▇▇ Name: T▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President R▇▇▇▇▇▇ J▇▇▇▇ BANK, as a Lender By: /s/ A▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: A▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Senior Vice President REGIONS BANK, as a Lender By: /s/ M▇▇▇ ▇▇▇▇▇▇▇▇ Name: M▇▇▇ ▇▇▇▇▇▇▇▇ Title: Managing Director CREDIT AGRICOLE CORPORATE INVESTMENT BANK, as a Lender By: /s/ M▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: M▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Director By: /s/ J▇▇▇ ▇▇▇▇ Name: J▇▇▇ ▇▇▇▇ Title: Director ASSOCIATED BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ M▇▇▇▇▇▇▇ ▇▇▇▇ Name: M▇▇▇▇▇▇▇ ▇▇▇▇ Title: Senior Vice President HEALTHPEAK PROPERTIES, INC., a Maryland corporation By: /s/ P▇▇▇▇ ▇. ▇▇▇▇▇ Name: P▇▇▇▇ ▇. ▇▇▇▇▇ Title: Chief Financial Officer HEALTHPEAK OP, LLC, a Maryland limited liability company By: HEALTHPEAK PROPERTIES, INC., a Maryland corporation, its Managing Member By: /s/ P▇▇▇▇ ▇. ▇▇▇▇▇ Name: P▇▇▇▇ ▇. ▇▇▇▇▇ Title: Chief Financial Officer DOC DR HOLDCO, LLC, a Maryland limited liability company By: HEALTHPEAK OP, LLC, a Maryland limited liability company, its Sole Member By: HEALTHPEAK PROPERTIES, INC., a Maryland corporation, its Managing Member By: /s/ P▇▇▇▇ ▇. ▇▇▇▇▇ Name: P▇▇▇▇ ▇. ▇▇▇▇▇ Title: Chief Financial Officer DOC DR, LLC, a Maryland limited liability company By: DOC DR H▇▇▇▇▇, LLC, a Maryland limited liability company, its Managing Member By: HEALTHPEAK OP, LLC., a Maryland limited liability company, its Sole Member By: HEALTHPEAK PROPERTIES, INC., a Maryland corporation, its Managing Member By: /s/ P▇▇▇▇ ▇. ▇▇▇▇▇ Name: P▇▇▇▇ ▇. ▇▇▇▇▇ Title: Chief Financial Officer COMPOSITE THIRD AMENDED AND RESTATED CREDIT AGREEMENT – CONFORMED THROUGH THE SECOND AMENDMENT AS OF MAY 24, 2023CONSENT AND THIRD AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT AS OF FEBRUARY 21, 2024 (EFFECTIVE AS OF MARCH 1, 2024) DOC DR, LLC (as successor to PHYSICIANS REALTY L.P.), as B▇▇▇▇▇▇▇,

Lenders. The Security Agent shall be entitled to assume that each Lender is a Lender unless notified by the Agent to the contrary.

Lenders. ¨ The undersigned Term B-2 Lender (i) hereby consents, subject to the satisfaction of the applicable conditions set forth in the Amendment, to (x) the Amendment and (y) the Waiver set forth in Section 1 of the Amendment and (ii) is executing this Amendment as a “Term B-2 Lender” and hereby agrees, subject to the satisfaction of the conditions set forth in Section 6 of the Amendment and in the Amended Credit Agreement, to make a Term B-2 Loan to the Borrower on the Amendment No. 5 Effective Date in the amount of such Term B-2 Lender’s Term B-2 Commitment. ¨ The undersigned Revolving Credit Lender hereby consents, subject to the satisfaction of the applicable conditions set forth in the Amendment, to (i) the Amendment and (ii) the Waiver set forth in Section 1 of the Amendment. ¨ The undersigned Revolving Credit Lender is executing this Amendment as a “Class B Revolving Credit Lender” and hereby consents, subject to the satisfaction of the conditions set forth in Section 6 of the Amendment, to the Amendment and to extend the maturity date of its Revolving Credit Commitments and Revolving Credit Loans. Fernwood Foundation Fund LLC (Name of Institution) By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Managing Director [If a second signature is necessary:] By: Name: Title:

Lenders. KEYBANK NATIONAL ASSOCIATION, individually as a Lender and as the Agent

Lenders. In connection with any increase of the Aggregate Revolving Commitments or Incremental Term Loans pursuant to this Section 2.16, any new Lender party hereto shall (i) execute such documents and agreements as the Administrative Agent may reasonably request and (ii) in the case of any new Lender that is organized under the laws of a jurisdiction outside of the United States of America, provide to the Administrative Agent, its name, address, tax identification number and/or such other information as shall be necessary for the Administrative Agent to comply with “know your customer” and anti-money laundering rules and regulations, including, without limitation, the Patriot Act.