Lenders Sample Clauses

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

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. Subject to the terms and conditions set forth herein and in the Credit Agreement, (i) each Exchanging Term Lender (by executing a Lender New Commitment) irrevocably (A) agrees to the terms of this First Amendment and the Amended Credit Agreement, (B) agrees to exchange (as set forth on its Lender New Commitment) the Allocated Amount of its Existing Term Loans consisting of Tranche B-1 Term Loans or Tranche B-2 Term Loans, as applicable with the First Amendment Term Loans consisting of Tranche B-1 Term Loans and/or Tranche B-2 Term Loans, as applicable and in each case under and as defined in the Amended Credit Agreement, in an equal principal amount specified therein and (C) upon the First Amendment Effective Date, shall exchange (as set forth on its Lender New Commitment) the Allocated Amount of its Existing Term Loans consisting of Tranche B-1 Term Loans or Tranche B-2 Term Loans, as applicable with the First Amendment Terms Loans consisting of Tranche B-1 Term Loans and/or Tranche B-2 Term Loans, as applicable and in each case under and as defined in the Amended Credit Agreement, in an equal principal amount as specified therein and (ii) each Additional Lender irrevocably (A) agrees to the terms of this First Amendment and the Amended Credit Agreement, (B) commits to make Additional Term Loans in the amount notified to such Additional Lender by the Administrative Agent (but in no event greater than the amount such Additional Lender committed to make as Additional Term Loans) and (C) upon the First Amendment Effective Date, shall refinance in full all Existing Term Loans consisting of Tranche B-1 Term Loans or Tranche B-2 Term Loans, as applicable, other than Exchanged Term Loans, with such Additional Terms Loans. Each Additional Lender further acknowledges and agrees that, as of the First Amendment Effective Date, it shall be a “Lender”, if applicable, a “Tranche B-1 Lender” and, if applicable, a “Tranche B-2 Lender” under, and for all purposes of, the Amended Credit Agreement and the other Loan Documents, and shall be subject to and bound by the terms thereof, and shall perform all the obligations of and shall have all rights of a Lender, if applicable, a Tranche B-1 Lender and, if applicable, a “Tranche B-2 Lender” thereunder. For purposes of this First Amendment, “exchange” shall mean convert and continue. For the avoidance of doubt, notwithstanding anything herein to the contrary, it is acknowledged and agreed that the Existing Term Loans consisting...

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

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. 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. 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. By: Canyon Capital Advisors LLC, its Trading Manager By: /s/ J▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: J▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Authorized Signatory

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. For the avoidance of doubt, the term “Lender” shall, for purposes of this Section 3.01, include any L/C Issuer and any Swing Line Lender.