Lending Offices. (a) Each Lender agrees that, if requested by Borrower, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar Advances affected by the matters or circumstances described in Sections 3.06(b), 3.07, 3.08 or 3.09 to reduce the liability of Borrower or avoid the results provided thereunder, so long as such designation is not materially disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.10 shall affect or postpone any of the obligations of Borrower or any right of any Lender provided hereunder.
Appears in 4 contracts
Samples: Revolving Credit Agreement (Choicepoint Inc), Revolving Credit Agreement (Choicepoint Inc), Credit Agreement (Choicepoint Inc)
Lending Offices. (a) Each Lender agrees that, if requested by the Borrower, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar Advances affected by the matters or circumstances described in Sections 3.06(b3.07(b), 3.073.08, 3.08 3.09 or 3.09 3.10 to reduce the liability of the Borrower or avoid the results provided thereunder, so long as such designation is not materially disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.10 3.11 shall affect or postpone any of the obligations of the Borrower or any right of any Lender provided hereunder.
Appears in 4 contracts
Samples: Credit Agreement (Ironton Iron Inc), Term Loan Agreement (Intermet Corp), Credit Agreement (Intermet Corp)
Lending Offices. (a1) Each Lender agrees that, if requested by Borrower, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar Advances affected by the matters or circumstances described in Sections 3.06(b3.07(b), 3.073.08, 3.08 3.09 or 3.09 3.10 to reduce the liability of Borrower or avoid the results provided thereunder, so long as such designation is not materially disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.10 3.11 shall affect or postpone any of the obligations of Borrower or any right of any Lender provided hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Hughes Supply Inc), Credit Agreement (Hughes Supply Inc), Credit Agreement (Hughes Supply Inc)
Lending Offices. (a) Each Lender agrees that, if requested by Borrower, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar Advances affected by the matters or circumstances described in Sections 3.06(b3.07(b), 3.073.08, 3.08 3.09 or 3.09 3.10 to reduce the liability of Borrower or avoid the results provided thereunder, so long as such designation is not materially disadvantageous to such Lender as reasonably determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.10 3.11 shall affect or postpone any of the obligations of Borrower or any right of any Lender provided hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Krystal Company), Note Assignment Agreement (Fuqua Enterprises Inc), Credit Agreement (Morrison Health Care Inc)
Lending Offices. (a) Each Lender agrees that, if requested by the Borrower, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar portions of LIBOR Advances affected by the matters or circumstances described in Sections 3.06(b4.07(b), 3.074.08, 3.08 4.09 or 3.09 4.10 to reduce the liability of the Borrower or avoid the results provided thereunder, so long as such designation is not materially disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.10 4.11 shall affect or postpone any of the obligations of Borrower or any right of any Lender provided hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Interface Inc), Credit Agreement (Interface Inc), Credit Agreement (Interface Inc)
Lending Offices. (a) Each Lender agrees that, if requested by Borrower, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar LIBOR Advances affected by the matters or circumstances described in Sections 3.06(b4.7(b), 3.074.8, 3.08 4.9 or 3.09 4.10 to reduce the liability of Borrower or avoid the results provided thereunder, so long as such designation is not materially disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.10 4.11 shall affect or postpone any of the obligations of Borrower or any right of any Lender provided hereunder.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Discount Auto Parts Inc), Contribution Agreement (Rotech Medical Corp), Credit Agreement (Rotech Medical Corp)
Lending Offices. (a) Each Lender agrees that, if requested by BorrowerIntermet, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar Advances affected by the matters or circumstances described in Sections 3.06(b3.07(b), 3.073.08, 3.08 3.09 or 3.09 3.10 to reduce the liability of Borrower Intermet or avoid the results provided thereunder, so long as such designation is not materially disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.10 3.11 shall affect or postpone any of the obligations of Borrower Intermet or any right of any Lender provided hereunder.
Appears in 3 contracts
Samples: Term Loan Agreement (Intermet Corp), Subsidiary Guaranty Agreement (Intermet Corp), Credit Agreement (I M Acquisition Corp)
Lending Offices. (a) Each Lender agrees that, if requested by Borrower, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar Advances affected by the matters or circumstances described in Sections 3.06(b3.08(b), 3.073.09, 3.08 3.10 or 3.09 3.11 to reduce the liability of Borrower or avoid the results provided thereunder, so long as such designation is not materially disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.10 3.12 shall affect or postpone any of the obligations of Borrower or any right of any Lender provided hereunder.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Hughes Supply Inc), Revolving Credit Agreement (Hughes Supply Inc), Revolving Credit Agreement (Hughes Supply Inc)
Lending Offices. (a) Each Lender agrees that, if requested by Borrower, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar Advances affected by the matters or circumstances described in Sections 3.06(b3.07(b), 3.073.08, 3.08 3.09 or 3.09 3.10 to reduce the liability of Borrower or avoid the results provided thereunder, so long as such designation is not materially disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.10 3.11 shall affect or postpone any of the obligations of Borrower or any right of any Lender provided hereunder.
Appears in 3 contracts
Samples: Line of Credit Agreement (Hughes Supply Inc), Revolving Credit Agreement (Oneita Industries Inc), Credit Agreement (Haverty Furniture Companies Inc)
Lending Offices. (a) Each Lender agrees that, if requested by Borrower, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar Advances or Alternative Currency Loans, as applicable, affected by the matters or circumstances described in Sections 3.06(b), 3.07, 3.08 or 3.09 to reduce the liability of Borrower or avoid the results provided thereunder, so long as such designation is not materially disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.10 shall affect or postpone any of the obligations of Borrower or any right of any Lender provided hereunder.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Choicepoint Inc), Choicepoint Inc
Lending Offices. (a) Each Lender agrees that, if requested by Borrower, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar Advances affected by the matters or circumstances described in Sections 3.06(bSECTION 3.7(b), 3.073.8, 3.08 3.9 or 3.09 3.10 to reduce the liability of Borrower or avoid the results provided thereunder, so long as such designation is not materially disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.10 SECTION 3.11 shall affect or postpone any of the obligations of Borrower or any right of any Lender provided hereunder.
Appears in 1 contract
Lending Offices. (a) Each Lender agrees that, if requested by Borrower, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar Advances Advances, as the case may be, affected by the matters or circumstances described in Sections 3.06(b3.8.(b), 3.073.9., 3.08 3.10., 3.11. or 3.09 3.17. to reduce the liability of Borrower or avoid the results provided thereunder, so long as such designation is not materially disadvantageous to such Lender as reasonably determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.10 3.12. shall affect or postpone any of the obligations of Borrower or any right of any Lender provided hereunder.
Appears in 1 contract
Samples: Credit Agreement (CBRL Group Inc)
Lending Offices. (a) Each Lender agrees that, if requested by Borrower, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar Advances Loans affected by the matters or circumstances described in Sections 3.06(b), 3.07, 3.08 or 3.09 to reduce the liability of Borrower or avoid the results provided thereunder, so long as such designation is not materially disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.10 shall affect or postpone any of the obligations of Borrower or any right of any Lender provided hereunder.
Appears in 1 contract
Lending Offices. (a) Each Lender agrees that, if requested by Borrower, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar portions of Fixed Rate Advances affected by the matters or circumstances described in Sections 3.06(b3.07(b), 3.073.08, 3.08 3.09 or 3.09 3.10 to reduce the liability of Borrower or avoid the results provided thereunder, so long as such designation is not materially disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.10 3.11 shall affect or postpone any of the obligations of Borrower or any right of any Lender provided hereunder.
Appears in 1 contract
Samples: Multicurrency Credit Agreement (Vari Lite International Inc)
Lending Offices. (a) Each Lender agrees that, if requested by Borrower, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar Advances affected by the matters or circumstances described in Sections 3.06(b4.07(b), 3.074.08, 3.08 4.09 or 3.09 4.10 to reduce the liability of Borrower or avoid the results provided thereunder, so long as such designation is not materially disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.10 4.11 shall affect or postpone any of the obligations of Borrower or any right of any Lender provided hereunder.
Appears in 1 contract
Samples: Credit Agreement (Hughes Supply Inc)
Lending Offices. (a) Each Lender agrees that, if requested by Borrower, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar Advances affected by the matters or circumstances described in Sections 3.06(b2.09(b), 3.072.10, 3.08 2.11 or 3.09 2.12 to reduce the liability of Borrower or avoid the results provided thereunder, so long as such designation is not materially disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.10 2.13 shall affect or postpone any of the obligations of Borrower or any right of any Lender provided hereunder.
Appears in 1 contract
Lending Offices. (a) Each The Lender agrees that, if requested by Borrower, it will use reasonable efforts (subject to overall policy considerations of such the Lender) to designate an alternate Lending Office with respect to any of its Eurodollar Advances affected by the matters or circumstances described in Sections 3.06(b3.07(b), 3.073.08, 3.08 3.09 or 3.09 3.10 to reduce the liability of Borrower or avoid the results provided thereunder, so long as such designation is not materially disadvantageous to such the Lender as determined by such the Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.10 3.11 shall affect or postpone any of the obligations of Borrower or any right of any the Lender provided hereunder.
Appears in 1 contract
Samples: Bridge Revolving Credit Agreement (Hughes Supply Inc)
Lending Offices. (a) Each Lender agrees that, if requested by Borrower, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar Advances affected by the matters or circumstances described in Sections 3.06(bSection 4.7(b), 3.074.8, 3.08 4.9 or 3.09 4.10 to reduce the liability of Borrower or avoid the results provided thereunder, so long as such designation is not materially disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.10 4.11 shall affect or postpone any of the obligations of Borrower or any right of any Lender provided hereunder.
Appears in 1 contract
Samples: Credit Agreement (Office Depot Inc)
Lending Offices. (a) Each Lender agrees that, if requested by Borrower, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar Advances affected by the matters or circumstances described in Sections 3.06(b4.7(b), 3.074.8, 3.08 4.9 or 3.09 4.10 to reduce the liability of Borrower or avoid the results provided thereunder, so long as such designation is not materially disadvantageous to such Lender as reasonably determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.10 4.11 shall affect or postpone any of the obligations of Borrower or any right of any Lender provided hereunder.
Appears in 1 contract
Lending Offices. (a) Each Lender agrees that, if requested by BorrowerIntermet, it will use reasonable efforts (subject to overall policy considerations of such Lender) to designate an alternate Lending Office with respect to any of its Eurodollar Advances affected by the matters or circumstances described in Sections 3.06(b3.07(b), 3.073.08, 3.08 ---------------- ---- 3.09 or 3.09 3.10 to reduce the liability of Borrower Intermet or avoid the results provided ---- ---- thereunder, so long as such designation is not materially disadvantageous to such Lender as determined by such Lender, which determination if made in good faith, shall be conclusive and binding on all parties hereto. Nothing in this Section 3.10 3.11 ------------ shall affect or postpone any of the obligations of Borrower Intermet or any right of any Lender provided hereunder.
Appears in 1 contract
Samples: Credit Agreement (Intermet Corp)