Common use of Minimum Amounts Clause in Contracts

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an assigning Revolving Lender’s Revolving Commitment and/or the Loans at the time owing to it, or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A), the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each case, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) shall not be less than $5,000,000 in the case of any assignment of a Revolving Commitment, unless the Administrative Agent otherwise consents (such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect to such assignment, the amount of the Commitment held by such assigning Lender or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to it.

Appears in 6 contracts

Sources: Second Amendment to Fifth Amended and Restated Credit Agreement (LGI Homes, Inc.), Credit Agreement (LGI Homes, Inc.), Credit Agreement (LGI Homes, Inc.)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Commitment and/or and the Loans at the time owing to it, it or in the case of an assignment to a Lender, Lender or an Affiliate of a Lender or an Approved FundLender, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A)b)(i)(A) of this Section, the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each caseassignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) , shall not be less than $5,000,000 in the case unless each of any assignment of a Revolving Commitment, unless the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Lead Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, the Lead Borrower shall in all events be notified of an assignment (regardless of whether a Default or an Event of Default has occurred); and (C) after giving effect to any such assignment, the aggregate amount of the remaining Commitment held by such assigning Lender or (which for this purpose includes Loans outstanding thereunder) or, if the Commitment is not then in effect, the principal outstanding principal balance of the Loans of such by the assigning Lender, as applicable, would Lender shall not be less than $5,000,000 in unless each of the case Administrative Agent and, so long as no Event of a Commitment Default has occurred and is continuing, the Lead Borrower otherwise consents (each such consent not to be unreasonably withheld or Revolving Loans, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to itdelayed).

Appears in 6 contracts

Sources: Credit Agreement (Barnes & Noble Education, Inc.), Credit Agreement (Barnes & Noble Education, Inc.), Credit Agreement (Barnes & Noble Education, Inc.)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an assigning Revolving Lender’s Revolving Commitment and/or the Loans at the time owing to it, or in the case of an assignment of the entire remaining amount of an assigning Term Loan Lender’s Term Loans at the time owing to it, or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A), the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Revolving Loans of the assigning Lender subject to each such assignment, and the principal outstanding balance of the Term Loan subject to such assignment (in each case, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) shall not be less than $5,000,000 in the case of any assignment of a Revolving Commitment5,000,000, unless each of the Administrative Agent and the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed) (provided that the Borrower’s consent shall not be required if a Default or Event of Default shall exist at the time of such assignment); provided, however, that if, after giving effect to such assignment, the amount of the Revolving Commitment held by such assigning Lender or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans5,000,000, then such assigning Lender shall assign the entire amount of its Revolving Commitment and or the Loans at the time owing to it, as applicable.

Appears in 6 contracts

Sources: Credit Agreement (Service Properties Trust), Credit Agreement (Service Properties Trust), Credit Agreement (Service Properties Trust)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an assigning Revolving Lender’s Revolving Commitment and/or the Loans at the time owing to it, or contemporaneous assignments to related Approved Funds (determined after giving effect to such assignments) that equal at least the amount specified in the immediately following clause (B) in the aggregate, or in the case of an assignment of the entire remaining amount of an assigning Term Loan Lender’s Term Loans at the time owing to it, or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A), the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment, and the principal outstanding balance of the Term Loan subject to such assignment (in each case, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) shall not be less than $5,000,000 in the case of any assignment of a Revolving CommitmentCommitment and $1,000,000 in the case of any assignment in respect of a Term Loan, unless each of the Administrative Agent and, so long as no Default or Event of Default shall exist, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect to such assignment, the amount of the Commitment held by such assigning Lender or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Revolving Commitment or Revolving LoansLoans or $1,000,000 in the case of a Term Loan, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to it.

Appears in 5 contracts

Sources: Credit Agreement (Four Springs Capital Trust), Credit Agreement (NETSTREIT Corp.), Credit Agreement (NETSTREIT Corp.)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Commitment under any Facility and/or the Loans at the time owing to it, it under any Facility or contemporaneous assignments to related Approved Funds (determined after giving effect to such Assignments) that equal at least the amount specified in subsection (b)(i)(B) of this Section in the aggregate or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A)b)(i)(A) of this Section, (x) the aggregate amount of the Revolving Commitment Commitments (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the applicable Loans of the assigning Lender subject to each such assignment (in each caseassignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) , shall not be less than $5,000,000 in the aggregate and (y) in the case of a partial assignment by a Lender of its rights or obligations under this Agreement, after giving effect to any assignment such assignment, the assigning Lender’s Commitment (which for this purpose includes Loans outstanding thereunder) or, if the Commitment is not then in effect, the principal outstanding balance of a Revolving Commitmentthe Loans of the assigning Lender with respect to each Facility shall not be less than $5,000,000, in each case under clauses (x) and (y), unless each of the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect to such assignment, the amount of the Commitment held by such assigning Lender or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to it.

Appears in 5 contracts

Sources: Credit Agreement (Getty Realty Corp /Md/), Credit Agreement (Getty Realty Corp /Md/), Credit Agreement (Getty Realty Corp /Md/)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an assigning Revolving Credit Lender’s Revolving Credit Commitment and/or the Loans at the time owing to it, or in the case of an assignment of the entire remaining amount of an assigning Tranche A-2 Term Loan Lender’s Tranche A-2 Term Loans at the time owing to it, or in the case of an assignment of the entire remaining amount of an assigning Tranche A-1 Term Loan Lender’s Tranche A-1 Term Loans at the time owing to it, or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A), (1) the aggregate amount of the Revolving Credit Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Credit Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment, (2) the principal outstanding balance of the Tranche A-2 Term Loan subject to such assignment, and (3) the principal outstanding balance of the Tranche A-1 Term Loan subject to such assignment (in each case, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) shall not be less than $5,000,000 10,000,000 in the case of any assignment of a Revolving CommitmentCredit Commitment and $10,000,000 in the case of any assignment in respect of a Term Loan, unless each of the Administrative Agent and the Borrower otherwise consents (such consent not to be unreasonably withheld or delayed)in its sole discretion; provided, however, that if, after giving effect to such assignment, the amount of the Revolving Credit Commitment held by such assigning Lender or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 10,000,000 in the case of a Revolving Credit Commitment or Revolving LoansCredit Loans or $10,000,000 in the case of a Term Loan, then such assigning Lender shall assign the entire amount of its Revolving Credit Commitment and the Loans at the time owing to it.

Appears in 4 contracts

Sources: Credit Agreement (RLJ Lodging Trust), Credit Agreement (RLJ Lodging Trust), Credit Agreement (RLJ Lodging Trust)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an assigning Revolving Lender’s Revolving Commitment and/or and the Revolving Loans at the time owing to it, or, if applicable, in the case of an assignment of the entire remaining amount of an assigning Term Loan Lender’s Term Loans, or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A), the aggregate amount of the Revolving Commitment a specific Class of Commitments (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Class of Commitment is not then in effect, the principal outstanding balance of the applicable Class of Loans of the assigning Lender subject to each such assignment (in each case, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) shall not be less than $5,000,000 in the case of any assignment of a Revolving CommitmentCommitment or Loans, unless each of the Administrative Agent and, so long as no Default or Event of Default shall exist, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect to such assignment, the amount of the Commitment Commitments of a specific Class held by such assigning Lender or or, if the applicable Commitment is not then in effect, the outstanding principal balance of the Loans of such Class of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans5,000,000, then such assigning Lender shall assign the entire amount of its Commitment and the Loans of such Class at the time owing to it.

Appears in 4 contracts

Sources: Credit Agreement (DiamondRock Hospitality Co), Credit Agreement (DiamondRock Hospitality Co), Credit Agreement (DiamondRock Hospitality Co)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an assigning Revolving Lender’s Revolving Commitment and/or and the Loans at the time owing to it, or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection clause (A), the aggregate amount of the Revolving Commitment Commitments (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each case, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) shall not be less than $5,000,000 in the case unless each of any assignment of a Revolving Commitment, unless the Administrative Agent and, so long as no Event of Default shall exist, Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided that concurrent assignments to members of an Assignee Group and concurrent assignments from members of an Assignee Group to a single Eligible Assignee (or to an Eligible Assignee and members of its Assignee Group) will be treated as a single assignment for purposes of determining whether such minimum amount has been met and provided, howeverfurther, that if, after giving effect to such assignment, the amount of the Commitment held by such assigning Lender or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans5,000,000, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to it.

Appears in 4 contracts

Sources: Credit Agreement (American Realty Capital Trust IV, Inc.), Credit Agreement (American Realty Capital Properties, Inc.), Credit Agreement (American Realty Capital Trust III, Inc.)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Commitment and/or the Term Loans at the time owing to it, it (in each case with respect to any Term Loan Facility) or contemporaneous assignments to related Approved Funds that equal at least the amount specified in paragraph (b)(i)(B) of this Section 13.10 in the aggregate or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection paragraph (A)b)(i)(A) of this Section 13.10, the aggregate amount of the Revolving Commitment (which for this purpose includes Term Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Term Loans of the assigning Lender subject to each such assignment (in each case, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) shall not be less than $5,000,000 in the case of any assignment of a Revolving Commitment1,000,000, unless each of the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, provided that if, the Borrower shall be deemed to have given its consent ten (10) Business Days after giving effect the date written notice thereof (specifying the time period within which the Borrower may respond) has been delivered to such assignment, the amount of Borrower by the Commitment held by such assigning Lender (through the Administrative Agent) unless such consent is expressly refused by the Borrower on or the outstanding principal balance of the Loans of before such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to it.tenth (10th) Business Day;

Appears in 4 contracts

Sources: Term Loan Credit Agreement (Beacon Roofing Supply Inc), Term Loan Credit Agreement (Beacon Roofing Supply Inc), Term Loan Credit Agreement (Beacon Roofing Supply Inc)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an assigning Revolving Lender’s Revolving Commitment and/or and the Loans portion of the Loan at the time owing to it, or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A), the aggregate amount of the Revolving such Lender’s Commitment (which for this purpose includes Loans such Lender’s portion of the Loan outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans portion of the Loan of the assigning Lender subject to each such assignment (in each case, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the such Trade Date) shall not be less than $5,000,000 in the case of any assignment of a Revolving Commitment, unless each of the Administrative Agent and, so long as no Event of Default shall exist, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect to such assignment, the amount of the Commitment held by such assigning Lender or the outstanding principal balance of the Loans Loan of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving LoansCommitment, then such assigning Lender shall assign the entire amount of its Commitment and the Loans portion of the Loan at the time owing to it.

Appears in 4 contracts

Sources: Loan Agreement (Equity One, Inc.), Loan Agreement (Equity One, Inc.), Loan Agreement (Equity One, Inc.)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender▇▇▇▇▇▇’s Revolving Commitment and/or the Loans at the time owing to it, it (in each case with respect to any Facility) or contemporaneous assignments to related Approved Funds (determined after giving effect to such assignments) that equal at least the amount specified in paragraph (b)(i)(B) of this Section in the aggregate or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection paragraph (A)b)(i)(A) of this Section, the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each case, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) shall not be less than $5,000,000 5,000,000, in the case of any assignment in respect of a the Revolving CommitmentFacility, or $5,000,000, in the case of any assignment in respect of the Term Loan Facility, unless each of the Administrative Agent and, so long as no Default or Event of Default has occurred and is continuing, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided that the Borrower shall be deemed to have consented to any such assignment unless it shall object thereto by written notice to the Administrative Agent within seven (7) Business Days after having received notice thereof, and provided, howeverfurther, that if, after giving effect to such assignment, the amount Borrower’s consent shall not be required during the primary syndication of the Commitment held by such assigning Lender or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to itFacilities).

Appears in 4 contracts

Sources: Credit Agreement (Appian Corp), Credit Agreement (Appian Corp), Credit Agreement (Appian Corp)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an assigning Revolving Credit Lender’s Revolving Credit Commitment and/or the Revolving Credit Loans at the time owing to it, or in the case of an assignment of the entire remaining amount of an assigning Term Loan Lender’s Term Loan Commitment and/or the Term Loans at the time owing to it, or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A), the aggregate amount of the Revolving Credit Commitment (which for this purpose includes Revolving Credit Loans outstanding thereunder) or, if the applicable Revolving Credit Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment assignment, and the aggregate amount of the Term Loan Commitment (which for this purpose includes Term Loans outstanding thereunder) or, if the applicable Term Loan Commitment is not then in effect, the principal outstanding balance of the Term Loans of the assigning Lender subject to each such assignment, (in each case, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) shall not be less than $5,000,000 10,000,000 in the case of any assignment of a Revolving Credit Commitment and $10,000,000 in the case of any assignment in respect of a Term Loan Commitment, unless each of the Administrative Agent and, so long as no Event of Default pursuant to Section 11.1.(a), 11.1.(e) or 11.1.(f) shall exist, and subject to clause (iii)(A)(z) below, the Company otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect to such assignment, the amount of the Revolving Credit Commitment held by such assigning Lender or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 10,000,000 in the case of a Revolving Credit Commitment or Revolving Credit Loans or $10,000,000 in the case of a Term Loan Commitment or Term Loans, then such assigning Lender shall assign the entire amount of its Revolving Credit Commitment, its Term Loan Commitment and the Loans at the time owing to it.

Appears in 4 contracts

Sources: Credit Agreement (Park Hotels & Resorts Inc.), Credit Agreement (Park Hotels & Resorts Inc.), Credit Agreement (Park Hotels & Resorts Inc.)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Commitment and/or and the Loans at the time owing to it, it or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A)b)(i)(A) of this Section, the aggregate amount of the Revolving Commitment (which for this purpose includes or Revolving Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the or Closing Date Term Loan Commitments or Closing Date Loans of the assigning Lender subject to each such assignment (in each caseassignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) , shall not be less than $5,000,000 in and the case aggregate amount of any the Tranche B Term Loan Commitment or Tranche B Term Loans of the assigning Lender subject to each such assignment, determined as of the date the Assignment and Assumption with respect to such assignment of a Revolving Commitment, unless is delivered to the Administrative Agent or, if “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date, shall not be less than $1,000,000, in each case, unless each of the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect concurrent assignments to such assignment, the amount members of the Commitment held by such assigning Lender an Assignee Group and concurrent assignments from members of an Assignee Group to a single Eligible Assignee (or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount to an Eligible Assignee and members of its Commitment and the Loans at the time owing to itAssignee Group) will be treated as a single assignment for purposes of determining whether such minimum amount has been met.

Appears in 4 contracts

Sources: Credit Agreement (Ryman Hospitality Properties, Inc.), Credit Agreement (Ryman Hospitality Properties, Inc.), Credit Agreement (Ryman Hospitality Properties, Inc.)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Commitment and/or the Loans at the time owing to it, it or contemporaneous assignments to related Approved Funds that equal at least the amount specified in paragraph (b)(i)(B) of this Section in the aggregate or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assignedassigned (but any such assignment shall be of a pro rata interest in each of the Loans; and (B) in any case not described in the immediately preceding subsection (A)b)(i)(A) of this Section, the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each caseassignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) , shall not be less than $5,000,000 in the case of any and shall be an assignment of a Revolving Commitmentpro rata interest in each of the Loans, and the amount assigned to the Eligible Assignee shall not be less than $5,000,000, unless each of the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, provided that if, after giving effect concurrent assignments to such assignment, the amount members of the Commitment held by such assigning Lender an Assignee Group and concurrent assignments from members of an Assignee Group to a single Eligible Assignee (or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount to an Eligible Assignee and members of its Commitment and the Loans at the time owing to itAssignee Group) will be treated as a single assignment for purposes of determining whether such minimum amount has been met.

Appears in 4 contracts

Sources: Term Loan Agreement (STAG Industrial, Inc.), Term Loan Agreement (STAG Industrial, Inc.), Term Loan Agreement (STAG Industrial, Inc.)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Term Loan Commitment and/or and the Term Loans at the time owing to it, it or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection paragraph (A)b)(i)(A) of this Section, the aggregate amount of the Revolving Term Loan Commitment (which for this purpose includes Term Loans outstanding thereunder) or, if the applicable Revolving Term Loan Commitment is not then in effect, the principal outstanding balance of the Term Loans of the assigning Lender subject to each such assignment (in each case, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) shall not be less than $5,000,000 in the case 1,000,000 unless each of any assignment of a Revolving Commitment, unless the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, provided that if, the Borrower shall be deemed to have given its consent five (5) Business Days after giving effect the date written notice thereof has been delivered by the assigning Lender (through the Administrative Agent) unless such consent is expressly refused by the Borrower prior to such assignment, the amount of the Commitment held by such assigning Lender or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to it.fifth (5th) Business Day;

Appears in 4 contracts

Sources: Term Loan Agreement (Owens Corning), 364 Day Term Loan Agreement (Owens Corning), Term Loan Agreement (Owens Corning)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Commitment, Incremental Commitment and/or and the related Loans at the time owing to it, it or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A)b)(i)(A) of this Section, the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment or Incremental Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each caseassignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) , shall not be less than $5,000,000 in the case unless each of any assignment of a Revolving Commitment, unless the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Company otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect concurrent assignments to such assignment, the amount members of the Commitment held by such assigning Lender an Assignee Group and concurrent assignments from members of an Assignee Group to a single Eligible Assignee (or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount to an Eligible Assignee and members of its Commitment and the Loans at the time owing to itAssignee Group) will be treated as a single assignment for purposes of determining whether such minimum amount has been met.

Appears in 3 contracts

Sources: Credit Agreement (Fti Consulting, Inc), Credit Agreement (Fti Consulting Inc), Credit Agreement (Fti Consulting Inc)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Commitment and/or under any Facility and the Loans at the time owing to it, it under such Facility or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A)b)(i)(A) of this Section, the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder, but excluding any Delayed Draw Term Commitment) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each caseassignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) , shall not be less than $5,000,000 in the case unless each of any assignment of a Revolving Commitment, unless the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Borrowers otherwise consents consent (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect concurrent assignments to such assignment, the amount members of the Commitment held by such assigning Lender an Assignee Group and concurrent assignments from members of an Assignee Group to a single Eligible Assignee (or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount to an Eligible Assignee and members of its Commitment and the Loans at the time owing to itAssignee Group) will be treated as a single assignment for purposes of determining whether such minimum amount has been met.

Appears in 3 contracts

Sources: Credit Agreement (Empire State Realty Trust, Inc.), Credit Agreement (Empire State Realty OP, L.P.), Credit Agreement (Empire State Realty Trust, Inc.)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an assigning Revolving Lender’s Revolving Commitment and/or the Loans at the time owing to it, or in the case of an assignment of the entire remaining amount of an assigning Term Loan Lender’s Term Loans at the time owing to it, or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A), the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment, and the principal outstanding balance of the Term Loan subject to such assignment (in each case, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) shall not be less than $5,000,000 in the case of any assignment of a Revolving CommitmentCommitment and $1,000,000 in the case of any assignment in respect of a Term Loan, and unless each of the Administrative Agent and, so long as no Default or Event of Default shall exist, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect to such assignment, the amount of the Commitment held by such assigning Lender or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving LoansLoans or $1,000,000 in the case of a Term Loan, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to it.

Appears in 3 contracts

Sources: Credit Agreement (Tier Reit Inc), Credit Agreement (Tier Reit Inc), Credit Agreement (Tier Reit Inc)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Credit Commitment and/or and the Loans at the time owing to it, it or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A)b)(i)(A) of this Section 10.06, the aggregate amount of the Revolving Credit Commitment (which for this purpose includes Loans Loans, L/C Participations, Swing Line Participations and Protective Advance Participations outstanding thereunder) or, if the applicable Revolving Credit Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each caseassignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) , shall not be less than $5,000,000 in the case unless each of any assignment of a Revolving Commitment, unless the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Lead Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect concurrent assignments to such assignment, the amount members of the Commitment held by such assigning Lender an Assignee Group and concurrent assignments from members of an Assignee Group to a single Eligible Assignee (or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount to an Eligible Assignee and members of its Commitment and the Loans at the time owing to itAssignee Group) will be treated as a single assignment for purposes of determining whether such minimum amount has been met.

Appears in 3 contracts

Sources: Credit Agreement (Polymer Group Inc), Credit Agreement (Dominion Textile (Usa), L.L.C.), Credit Agreement (Dominion Textile (Usa), L.L.C.)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Commitment and/or and the Loans at the time owing to itit (in each case, with respect to any Credit Facility) or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection paragraph (A)b)(i)(A) of this Section, the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each case, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) shall not be less than $5,000,000 5,000,000, in the case of any assignment in respect of a the Revolving CommitmentCredit Facility, or $1,000,000, in the case of any assignment in respect of the Term Loan Facility, unless each of the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); providedprovided that the Borrower shall be deemed to have given its consent ten (10) Business Days after the date written notice thereof has been received by the Borrower from the assigning Lender (through the Administrative Agent), however, that if, after giving effect unless such consent is expressly refused by the Borrower in a written notice to the Administrative Agent prior to such assignment, the amount of the Commitment held by such assigning Lender or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to it.tenth (10th) Business Day;

Appears in 3 contracts

Sources: Credit Agreement (Jack in the Box Inc /New/), Credit Agreement (Jack in the Box Inc /New/), Credit Agreement (Jack in the Box Inc /New/)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Credit Commitment and/or and the Loans at the time owing to it, it or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection paragraph (A)b)(i)(A) of this Section, the aggregate amount of the Revolving Credit Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Credit Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each case, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) shall not be less than $5,000,000 5,000,000, in the case of any assignment in respect of a the Revolving CommitmentCredit Facility, or $1,000,000, in the case of any assignment in respect of the Term Loan Facility, unless each of the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, the Borrower shall be deemed to have given its consent to any such assignment ten (10) Business Days after giving effect the date written notice thereof has been delivered to the Borrower by the assigning Lender (through the Administrative Agent) unless such assignment, consent is expressly refused by the amount of the Commitment held Borrower by such assigning Lender or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to it.tenth (10th) Business Day;

Appears in 3 contracts

Sources: Credit Agreement (Blackhawk Network Holdings, Inc), Credit Agreement (Blackhawk Network Holdings, Inc), Credit Agreement (Blackhawk Network Holdings, Inc)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Commitment and/or and the Revolving Loans at the time owing to it, or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A)b)(i)(A) of this Section, the aggregate amount of the Revolving Commitment (which for this purpose includes Revolving Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Revolving Loans of the assigning Lender subject to each such assignment (in each caseassignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) , shall not be less than $5,000,000 5,000,000, (or such lesser amount as represents the remaining amount of the Revolving Commitment of such assigning Lender), in the case of any assignment unless each of a Revolving Commitment, unless the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, provided that if, after giving effect concurrent assignments to such assignment, the amount members of the Commitment held by such assigning Lender an Assignee Group and concurrent assignments from members of an Assignee Group to a single Eligible Assignee (or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount to an Eligible Assignee and members of its Commitment and the Loans at the time owing to itAssignee Group) will be treated as a single assignment for purposes of determining whether such minimum amount has been met.

Appears in 3 contracts

Sources: Credit Agreement (FXCM Inc.), Credit Agreement (FXCM Inc.), Credit Agreement (FXCM Inc.)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Commitment and/or and the Loans at the time owing to it, it or contemporaneous assignments to related Approved Funds that equal at least the amount specified in paragraph (b)(i)(B) of this Section in the aggregate or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection paragraph (A)b)(i)(A) of this Section, the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each case, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) shall not be less than $5,000,000 in the case of any assignment of a Revolving Commitment5,000,000, unless each of the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, provided that if, the Borrower shall be deemed to have given its consent five (5) Business Days after giving effect the date written notice thereof has been delivered by the assigning Lender (through the Administrative Agent) unless such consent is expressly refused by the Borrower prior to such assignment, the amount of the Commitment held by such assigning Lender or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to itfifth (5th) Business Day.

Appears in 3 contracts

Sources: Credit Agreement (National Health Investors Inc), Credit Agreement (National Health Investors Inc), Credit Agreement (National Health Investors Inc)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an assigning Revolving LenderL▇▇▇▇▇’s Revolving Commitment and/or the Loans at the time owing to it, or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A), the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each case, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) shall not be less than $5,000,000 10,000,000 in the case of any assignment of a Revolving Commitment, unless the Administrative Agent otherwise consents (such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect to such assignment, the amount of the Commitment held by such assigning Lender or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 10,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to it.

Appears in 3 contracts

Sources: Credit Agreement (Smith Douglas Homes Corp.), Credit Agreement (Smith Douglas Homes Corp.), Credit Agreement (United Homes Group, Inc.)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Commitment and/or under any Facility and the Loans at the time owing to it, it under such Facility or contemporaneous assignments to related Approved Funds that equal at least the amount specified in paragraph (b)(i)(B) of this Section in the aggregate or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A)b)(i)(A) of this Section, the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each caseassignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the a “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) , shall not be less than $5,000,000 5,000,000, in the case of any assignment in respect of the Revolving Credit Facility, or $1,000,000, in the case of any assignment in respect of the Term B Facility, or an amount to be determined and set forth in the applicable Incremental Amendment, in the case of any assignment in respect of a Revolving Commitmentseparate tranche of Incremental Term Loans, unless each of the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Borrower otherwise consents (each such consent not to be unreasonably withheld withheld, delayed or delayed); provided, however, that if, after giving effect conditioned) to such assignment, the amount of the Commitment held by such assigning Lender or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to it.lesser amount;

Appears in 3 contracts

Sources: Credit Agreement (Plantronics Inc /Ca/), Credit Agreement (ASGN Inc), Credit Agreement (On Assignment Inc)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Commitment and/or the Loans at the time owing to it, it (in each case with respect to any Facility) or contemporaneous assignments to related Approved Funds that equal at least the amount specified in paragraph (b)(i)(B) of this Section in the aggregate or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection paragraph (A)b)(i)(A) of this Section, the aggregate amount of the Revolving Credit Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Credit Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each case, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) shall not be less than $5,000,000 5,000,000, in the case of any assignment in respect of a the Revolving CommitmentCredit Facility, unless in each case each of the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, provided that if, the Borrower shall be deemed to have given its consent five (5) Business Days after giving effect the date written notice thereof has been delivered by the assigning Lender (through the Administrative Agent) unless such consent is expressly refused by the Borrower prior to such assignment, the amount of the Commitment held by such assigning Lender or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to it.fifth (5th) Business Day;

Appears in 3 contracts

Sources: Credit Agreement (Fastenal Co), Credit Agreement (Buffalo Wild Wings Inc), Credit Agreement (Fastenal Co)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an assigning Revolving Lender’s Revolving Commitment and/or the Revolving Loans at the time owing to it, or contemporaneous assignments to related Approved Funds that equal at least the amount specified in the immediately following clause (B) in the aggregate, or, if applicable, in the case of an assignment of the entire remaining amount of an assigning Term Loan Lender’s Term 1 Loans or Term 2 Loans at the time owing to it, or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A), the aggregate amount of the Revolving Commitment a specific Class of Commitments (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment Class of Commitments is not then in effect, the principal outstanding balance of the applicable Class of Loans of the assigning Lender subject to each such assignment (in each case, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) shall not be less than $5,000,000 in the case of any assignment of a Revolving CommitmentCommitment or Loans, unless each of the Administrative Agent and, so long as no Default or Event of Default shall exist, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect to such assignment, the amount of the Commitment Commitments held by such assigning Lender or if the applicable Commitment is not then in effect, the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to it.

Appears in 3 contracts

Sources: Credit Agreement (Sunstone Hotel Investors, Inc.), Credit Agreement (Sunstone Hotel Investors, Inc.), Credit Agreement (Sunstone Hotel Investors, Inc.)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Commitment and/or the Loans at the time owing to it, it (in each case with respect to any Facility) or contemporaneous assignments to related Approved Funds that equal at least the amount specified in paragraph (b)(i)(B) of this Section in the aggregate or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection paragraph (A)b)(i)(A) of this Section, the aggregate amount of the Revolving Credit Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Credit Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each case, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) shall not be less than $5,000,000 2,500,000, in the case of any assignment in respect of a the Revolving CommitmentCredit Facility, or $2,500,000, in the case of any assignment in respect of the Term Loan Facility, unless each of the Administrative Agent and, so long as no Default or Event of Default has occurred and is continuing, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, provided that if, the Borrower shall be deemed to have given its consent ten (10) Business Days after giving effect the date written notice thereof has been delivered by the assigning Lender (through the Administrative Agent) unless such consent is expressly refused by the Borrower prior to such assignment, the amount of the Commitment held by such assigning Lender or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to it.tenth (10th) Business Day;

Appears in 3 contracts

Sources: Credit Agreement (Aci Worldwide, Inc.), Credit Agreement (Aci Worldwide, Inc.), Credit Agreement (Aci Worldwide, Inc.)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Commitment and/or under any Facility and the Loans at the time owing to it, it under such Facility or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A)b)(i)(A) of this Section, the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each caseassignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) , shall not be less than $5,000,000 5,000,000, in the case of any assignment in respect of a the Revolving CommitmentCredit Facility or Term A Facility, or $1,000,000, in the case of any assignment in respect of the Incremental Term Facility, if any, unless such assignment constitutes the entire remaining amount or unless each of the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Company otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that ifconcurrent assignments to members of an Assignee Group and concurrent assignments from members of an Assignee Group to a single Eligible Assignee (or to an Eligible Assignee and members of its Assignee Group) will be treated as a single assignment for purposes of determining whether such minimum amount has been met provided further, that, in any case, unless an Event of Default has occurred and is continuing, after giving effect to such assignmentan assignment under any Facility, the aggregate amount of the Commitment Facility held by such assigning Lender or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would shall not be less than $5,000,000 1,000,000, in the case of a Commitment any assignment in respect of the Term A Facility, Revolving Credit Facility or Revolving LoansIncremental Facility, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to itif any.

Appears in 3 contracts

Sources: Credit Agreement (AMC Networks Inc.), Credit Agreement (AMC Networks Inc.), Credit Agreement (AMC Networks Inc.)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an assigning Revolving LenderBank’s Revolving Loan Commitment and/or and the Loans at the time owing to it, or contemporaneous assignments to related Approved Funds that equal at least the amount specified in the immediately following clause (B) in the aggregate, or in the case of an assignment to a LenderBank, an Affiliate of a Lender Bank or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A), the aggregate amount of the Revolving Loan Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Loan Commitment is not then in effect, the principal outstanding balance of the Ratable Loans of the assigning Lender Bank subject to each such assignment (in each case, determined as of the date the Assignment and Assumption Agreement with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and AssumptionAssumption Agreement, as of the Trade Date) shall not be less than $5,000,000 in the case of any assignment of a Revolving Commitment5,000,000, unless each of the Administrative Agent and, so long as no Event of Default shall exist, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect to such assignment, the amount of the Loan Commitment held by such assigning Lender Bank or the outstanding principal balance of the Ratable Loans of such assigning LenderBank, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans5,000,000, then such assigning Lender Bank shall assign the entire amount of its Loan Commitment and the Ratable Loans at the time owing to it.

Appears in 3 contracts

Sources: Revolving Credit Agreement (Urban Edge Properties LP), Revolving Credit Agreement (Urban Edge Properties), Revolving Credit Agreement (Urban Edge Properties)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Commitment Commitments and/or the Loans Advances at the time owing to it, it that equal at least the amount specified in paragraph (b)(i)(B) or paragraph (b)(i)(C) of this Section 9.7 in the aggregate or in the case of an assignment to a Lender, Lender or an Affiliate of a Lender or an Approved FundLender, no minimum amount need be assigned; and; (B) in any case not described in the immediately preceding subsection paragraph (A)b)(i)(A) of this Section 9.7, the aggregate amount of the Revolving US Commitment (which for this purpose includes Loans Advances outstanding thereunder) or, if the applicable Revolving US Commitment is not then in effect, the principal outstanding balance of the Loans US Advances of the assigning Lender subject to each such assignment (in each case, determined as of the date the Assignment and Assumption Acceptance with respect to such assignment is delivered to the US Administrative Agent or, if the “Trade Date” is specified in the Assignment and AssumptionAcceptance, as of the Trade Date) shall not be less than $5,000,000 in 3,000,000 unless each of the case of any assignment of a Revolving Commitment, unless the US Administrative Agent and, so long as no Event of Default has occurred and is then continuing, the US Borrower otherwise consents consent (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect to such assignmentand (C) in any case not described in paragraph (b)(i)(A) of this Section 9.7, the aggregate amount of the Canadian Commitment held by such assigning Lender or (which for this purpose includes Canadian Advances outstanding thereunder) or, if the Canadian Commitment is not then in effect, the principal outstanding principal balance of the Loans Canadian Advances of the assigning Lender subject to each such assignment (determined as of the date the Assignment and Acceptance with respect to such assignment is delivered to the Canadian Administrative Agent or, if “Trade Date” is specified in the Assignment and Acceptance, as of such assigning Lender, as applicable, would Trade Date) shall not be less than $5,000,000 in 3,000,000 unless each of the case Canadian Administrative Agent and, so long as no Event of a Commitment Default has occurred and is continuing, the Canadian Borrower otherwise consent (each such consent not to be unreasonably withheld or Revolving Loans, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to itdelayed).

Appears in 3 contracts

Sources: Credit Agreement (NCS Multistage Holdings, Inc.), Credit Agreement (NCS Multistage Holdings, Inc.), Credit Agreement (NCS Multistage Holdings, Inc.)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender▇▇▇▇▇▇’s Revolving Commitment and/or the Loans at the time owing to it, it or contemporaneous assignments to related Approved Funds that equal at least the amount specified in paragraph (b)(i)(B) of this Section in the aggregate or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection paragraph (A)b)(i)(A) of this Section, the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each case, determined as of the date the Assignment and Assumption Agreement with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and AssumptionAssumption Agreement, as of the Trade Date) shall not be less than $5,000,000 5,000,000, in the case of any assignment in respect of a the Initial Revolving Loan Commitment or the Additional Revolving Loan Commitment or the Other Revolving Loan Commitment, or $1,000,000, in the case of any assignment in respect of any Term Loan, unless each of the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, provided that if, the Borrower shall be deemed to have given its consent ten (10) Business Days after giving effect the date written notice thereof has been delivered by the assigning Lender (through the Administrative Agent) unless such consent is expressly refused by the Borrower prior to such assignment, the amount of the Commitment held by such assigning Lender or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to it.tenth (10th) Business Day;

Appears in 3 contracts

Sources: Credit Agreement (Gray Media, Inc), Credit Agreement (Gray Television Inc), Credit Agreement (Gray Television Inc)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Commitment and/or the Loans at the time owing to it, it (in each case with respect to any credit facility) or contemporaneous assignments to related Approved Funds that equal at least the amount specified in paragraph (b)(i)(B) of this Section in the aggregate or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection paragraph (A)b)(i)(A) of this Section, the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each case, determined as of the date the Assignment and Assumption Agreement with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and AssumptionAssumption Agreement, as of the Trade Date) shall not be less than $5,000,000 (or the Dollar Equivalent thereof in the case of Alternate Currency Loans), in the case of any assignment in respect of a the Revolving CommitmentLoan Commitments and/or Canadian Revolving Loan Commitments, or $1,000,000 (or the Dollar Equivalent thereof in the case of Alternate Currency Loans), in the case of any assignment in respect of the term loan facility, unless each of the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Borrowers otherwise consents consent (each such consent not to be unreasonably withheld or delayed); provided, however, provided that if, each Borrower shall be deemed to have given its consent five (5) Business Days after giving effect the date written notice thereof has been delivered by the assigning Lender (through the Administrative Agent) unless such consent is expressly refused by such Borrower prior to such assignment, the amount of the Commitment held by such assigning Lender or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to it.fifth (5th) Business Day;

Appears in 3 contracts

Sources: Credit Agreement (Silgan Holdings Inc), Credit Agreement (Silgan Holdings Inc), Credit Agreement (Silgan Holdings Inc)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Commitment and/or and the Loans at the time owing to it, it or in the case of an assignment to a Lender, Lender or an Affiliate of a Lender or an Approved FundLender, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A)b)(i)(A) of this Section, the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each caseassignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) , shall not be less than $5,000,000 in the case of any assignment of a Revolving Commitment5,000,000, unless (x) such assignment is in connection with the primary syndication of the facility hereunder or (y) each of the Administrative Agent and, so long as no Event of Default under Section 8.01(a), Section 8.01(f) (with respect to the Borrower) or Section 8.01(g)(i) (with respect to the Borrower) has occurred and is continuing, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect concurrent assignments to such assignment, the amount members of the Commitment held by such assigning Lender an Assignee Group and concurrent assignments from members of an Assignee Group to a single Eligible Assignee (or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount to an Eligible Assignee and members of its Commitment and the Loans at the time owing to it.Assignee Group) will be treated as a single assignment for purposes of determining whether such minimum amount has been met;

Appears in 3 contracts

Sources: Revolving Credit Agreement (MSCI Inc.), Revolving Credit Agreement (MSCI Inc.), Revolving Credit Agreement (MSCI Inc.)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Commitment and/or and the Loans at the time owing to it, it or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A)b)(i)(A) of this Section, the aggregate amount of the Revolving any Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving such Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each caseassignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) , shall not be less than $5,000,000 5,000,000, in the case of any assignment in respect of a the Revolving CommitmentCredit Facility, or $1,000,000, in the case of any assignment in respect of any Incremental Term Loans, unless each of the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect concurrent assignments to such assignment, the amount members of the Commitment held by such assigning Lender an Assignee Group and concurrent assignments from members of an Assignee Group to a single Eligible Assignee (or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount to an Eligible Assignee and members of its Commitment and the Loans at the time owing to it.Assignee Group) will be treated as a single assignment for purposes of determining whether such minimum amount has been met;

Appears in 3 contracts

Sources: Credit Agreement (NRG Yield, Inc.), Credit Agreement, Credit Agreement (NRG Yield, Inc.)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Commitment and/or the and Revolving Loans at the time owing to it, it or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A)b)(i)(A) of this Section, the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each caseassignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) , shall not be less than $5,000,000 in the case of any assignment of a Revolving Commitment2,500,000, unless each of the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect to such assignment, the amount of the Revolving Commitment held by such assigning Lender or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans2,500,000, then such assigning Lender shall assign the entire amount of its Revolving Commitment and the Loans at the time owing to it; provided, further, however, that concurrent assignments to members of an Assignee Group and concurrent assignments from members of an Assignee Group to a single Eligible Assignee (or to an Eligible Assignee and members of its Assignee Group) will be treated as a single assignment for purposes of determining whether such minimum amount has been met.

Appears in 3 contracts

Sources: Revolving Credit and Term Loan Agreement (Healthcare Realty Holdings, L.P.), Credit Agreement (Healthcare Realty Trust Inc), Credit Agreement (Healthcare Realty Trust Inc)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Commitment and/or and the related Loans at the time owing to it, it or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A)b)(i)(A) of this Section, the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each caseassignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) , shall not be less than $5,000,000 in the case of any an assignment of a Revolving Commitment, Commitment (and the related Revolving Loans thereunder) and $1,000,000 in the case of an assignment of the Term Loan unless each of the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect concurrent assignments to such assignment, the amount members of the Commitment held by such assigning Lender an Assignee Group and concurrent assignments from members of an Assignee Group to a single Eligible Assignee (or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount to an Eligible Assignee and members of its Commitment and the Loans at the time owing to itAssignee Group) will be treated as a single assignment for purposes of determining whether such minimum amount has been met.

Appears in 3 contracts

Sources: Credit Agreement (Caci International Inc /De/), Credit Agreement (Caci International Inc /De/), Credit Agreement (Caci International Inc /De/)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Commitment and/or and the related Loans at the time owing to it, it or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A)b)(i)(A) of this Section, the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each caseassignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) , shall not be less than $5,000,000 in the case of any an assignment of a Revolving Commitment, Commitment (and the related Revolving Loans thereunder) and $1,000,000 in the case of an assignment of Term Loans unless each of the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect concurrent assignments to such assignment, the amount members of the Commitment held by such assigning Lender an Assignee Group and concurrent assignments from members of an Assignee Group to a single assignee (or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount to an assignee and members of its Commitment and the Loans at the time owing to itAssignee Group) will be treated as a single assignment for purposes of determining whether such minimum amount has been met.

Appears in 3 contracts

Sources: Credit Agreement (Flowserve Corp), Credit Agreement (Polaris Industries Inc/Mn), Credit Agreement (Epicor Software Corp)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Commitment and/or and the related Loans at the time owing to it, it (in each case with respect to any credit facility provided hereunder) or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A)b)(i)(A) of this Section, the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each caseassignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) , shall not be less than $5,000,000 5,000,000, in the case of any assignment in respect of a Revolving Commitmentany revolving credit facility provided hereunder and $1,000,000 in the case of any assignment in respect of any term loan facility provided hereunder, unless each of the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Company otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect concurrent assignments to such assignment, the amount members of the Commitment held by such assigning Lender an Assignee Group and concurrent assignments from members of an Assignee Group to a single assignee (or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount to an assignee and members of its Commitment and the Loans at the time owing to it.Assignee Group) will be treated as a single assignment for purposes of determining whether such minimum amount has been met;

Appears in 3 contracts

Sources: Credit Agreement (Fleetcor Technologies Inc), Credit Agreement (Fleetcor Technologies Inc), Credit Agreement (Fleetcor Technologies Inc)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender▇▇▇▇▇▇’s Revolving Commitment and/or and the Loans at the time owing to it, it or in the case of an assignment to a Lender, Lender or an Affiliate of a Lender or an Approved FundLender, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A)b)(i)(A) of this Section, the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each caseassignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) , shall not be less than $5,000,000 in the case unless each of any assignment of a Revolving Commitment, unless the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Lead Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, the Lead Borrower shall in all events be notified of an assignment (regardless of whether a Default or an Event of Default has occurred); and (C) after giving effect to any such assignment, the aggregate amount of the remaining Commitment held by such assigning Lender or (which for this purpose includes Loans outstanding thereunder) or, if the Commitment is not then in effect, the principal outstanding principal balance of the Loans of such by the assigning Lender, as applicable, would Lender shall not be less than $5,000,000 in unless each of the case Administrative Agent and, so long as no Event of a Commitment Default has occurred and is continuing, the Lead Borrower otherwise consents (each such consent not to be unreasonably withheld or Revolving Loans, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to itdelayed).

Appears in 3 contracts

Sources: Credit Agreement (Barnes & Noble Education, Inc.), Credit Agreement (Barnes & Noble Education, Inc.), Credit Agreement (Barnes & Noble Education, Inc.)

Minimum Amounts. (A) in the case of (i) an assignment of the entire remaining amount of an assigning Revolving Lender’s Revolving Commitment and/or the Revolving Loans at the time owing to it, or (ii) an assignment of the entire remaining amount of an assigning Term Loan Lender’s Term Loans of the applicable Class at the time owing to it, (iii) contemporaneous assignments to related Approved Funds that equal at least the amount specified in the case of immediately following clause (B) in the aggregate, or (iv) an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A), the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) of a Class or, if the applicable Revolving Commitments of the same Class as such Commitment is are not then in effect, the principal outstanding balance of the Loans of such Class of the assigning Lender subject to each such assignment (in each case, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) shall not be less than $5,000,000 in the case of any assignment of a Revolving Commitment5,000,000, unless each of the Administrative Agent and, so long as no Event of Default shall exist, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect to such assignment, the amount of the Commitment of the applicable Class held by such assigning Lender or if the applicable Commitment is not then in effect, the outstanding principal balance of the Loans of the applicable Class of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans5,000,000, then such assigning Lender shall assign the entire amount of its Commitment of such Class and the Loans of such Class at the time owing to it.

Appears in 3 contracts

Sources: Credit Agreement (Store Capital LLC), Credit Agreement (STORE CAPITAL Corp), Credit Agreement (STORE CAPITAL Corp)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Lender's Revolving Lender’s Revolving Credit Commitment and/or and the Loans at the time owing to it, it or in the case of an assignment to a Lender, Lender or an Affiliate of a Lender or an Approved FundFund with respect to a Lender, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A)b)(i)(A) of this Section, the aggregate amount of the Revolving Credit Commitment (which for this purpose includes Revolving Credit Loans outstanding thereunder) or, if the applicable Revolving Credit Commitment is not then in effect, the principal outstanding balance of the Revolving Credit Loans of the assigning Lender subject to each such assignment (in each caseassignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) , shall not be less than $5,000,000 in the case of any assignment of a Revolving Commitment5,000,000, unless each of the Administrative Agent and, so long as no Default has occurred and is continuing, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect concurrent assignments to such assignment, the amount members of the Commitment held by such assigning Lender an Assignee Group and concurrent assignments from members of an Assignee Group to a single Eligible Assignee (or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount to an Eligible Assignee and members of its Commitment and the Loans at the time owing to it.Assignee Group) will be treated as a single assignment for purposes of determining whether such minimum amount has been met;

Appears in 3 contracts

Sources: Credit Agreement (Duckwall Alco Stores Inc), Credit Agreement (Duckwall Alco Stores Inc), Credit Agreement (Duckwall Alco Stores Inc)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Lender's Revolving Lender’s Credit Commitment and Term Loan Commitment and the Revolving Commitment and/or the Credit Loans and Term Loan at the time owing to it, it under the Facility or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A)subsection(b)(i)(A) of this Section, the aggregate amount of the Revolving Credit Commitment and Term Loan Commitment (which for this purpose includes Revolving Credit Loans and the Term Loan outstanding thereunder) or, if the applicable Revolving Credit Commitment or Term Loan, as applicable, is not then in effect, the principal outstanding balance of the Revolving Credit Loans and Term Loan, as applicable, of the assigning Lender subject to each such assignment (in each caseassignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “"Trade Date" is specified in the Assignment and Assumption, as of the Trade Date) , shall not be less than $5,000,000 in the case of any assignment of a Revolving Commitment5,000,000, unless each of the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect concurrent assignments to such assignment, the amount members of the Commitment held by such assigning Lender an Assignee Group and concurrent assignments from members of an Assignee Group to a single Eligible Assignee (or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount to an Eligible Assignee and members of its Commitment and the Loans at the time owing to it.Assignee Group) will be treated as a single assignment for purposes of determining whether such minimum amount has been met;

Appears in 3 contracts

Sources: Credit Agreement (Wintrust Financial Corp), Credit Agreement (Wintrust Financial Corp), Credit Agreement (Wintrust Financial Corp)

Minimum Amounts. (A) in the case of (x) an assignment of the entire remaining amount of the assigning Lender’s Revolving Commitments, Revolving Loans and other Revolving Facility Exposure at the time owing to it, (y) an assignment of the entire remaining amount of an assigning Revolving Term Loan Lender’s Revolving Term Loan Commitment and/or the or Term Loans at the any time owing to it, or (z) in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and, (B) in any case not described in the immediately preceding subsection (A)b)(i)(A) of this Section, the aggregate amount of the Revolving Commitment of a Class (which for this purpose includes Loans and Revolving Facility Exposure outstanding thereunder) or, if the applicable Revolving Commitment Class of Commitments is not then in effect, the principal outstanding balance of the applicable Class of Loans and Revolving Facility Exposure of the assigning Lender subject to each such assignment (in each case, determined as of the date the Assignment and Assumption Agreement with respect to such assignment is delivered to the applicable Administrative Agent or, if the “Trade Date” is specified in the Assignment and AssumptionAgreement, as of the Trade Date) shall not be less than (x) $5,000,000 1,000,000 and in minimum increments of $1,000,000 in the case of any assignment Revolving Loans and Revolving Commitments and (y) $5,000,000 and in minimum increments of a Revolving Commitment$1,000,000 in the case of Term Loans and Term Loan Commitments, unless each of the applicable Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect to such assignment, the amount of the Commitment held by such assigning Lender or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to it.,

Appears in 2 contracts

Sources: Credit Agreement (Circor International Inc), Credit Agreement (Circor International Inc)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an assigning Revolving Credit Lender’s Revolving Credit Commitment and/or the Loans at the time owing to it, or in the case of an assignment of the entire remaining amount of an assigning Term Loan Lender’s Term Loans at the time owing to it, or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A), the aggregate amount of the Revolving Credit Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Credit Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment, and the principal outstanding balance of the Term Loan subject to such assignment (in each case, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) shall not be less than $5,000,000 10,000,000 in the case of any assignment of a Revolving CommitmentCredit Commitment and $10,000,000 in the case of any assignment in respect of a Term Loan, unless each of the Administrative Agent and the Borrower otherwise consents (such consent not to be unreasonably withheld or delayed)in its sole discretion; provided, however, that if, after giving effect to such assignment, the amount of the Revolving Credit Commitment held by such assigning Lender or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 10,000,000 in the case of a Revolving Credit Commitment or Revolving LoansCredit Loans or $10,000,000 in the case of a Term Loan, then such assigning Lender shall assign the entire amount of its Revolving Credit Commitment and the Loans at the time owing to it.

Appears in 2 contracts

Sources: Credit Agreement (RLJ Lodging Trust), Credit Agreement (RLJ Lodging Trust)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Commitment and/or under any Facility and the Loans at the time owing to it, it under such Facility or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; (B) in the case of an assignment by Deutsche Bank AG New York Branch or HSBC Bank USA, N.A. prior to the occurrence of a Successful Syndication (as defined in the Fee Letter), no minimum amount need be assigned; and (BC) in any case not described in the immediately preceding subsection (A)b)(i)(A) or (b)(i)(B) of this Section, the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each caseassignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) , shall not be less than $5,000,000 (x) in the case of any assignment Term Loans, $1,000,000 and (y) in the case of a any Revolving CommitmentCredit Facility, $5,000,000, unless each of the Administrative Agent and, so long as no Event of Default has occurred and is continuing, Parent otherwise consents (such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect concurrent assignments to such assignment, the amount members of the Commitment held by such assigning Lender an Assignee Group and concurrent assignments from members of an Assignee Group to a single Eligible Assignee (or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount to an Eligible Assignee and members of its Commitment and the Loans at the time owing to it.Assignee Group) will be treated as a single assignment for purposes of determining whether such minimum amount has been met;

Appears in 2 contracts

Sources: Credit Agreement (Colfax CORP), Credit Agreement (Colfax CORP)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender▇▇▇▇▇▇’s Revolving Commitment and/or under any Facility and the Loans at the time owing to it, it under such Facility or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection clause (A)a)(i)(A) of this Section 11.08, the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) under the applicable Facility or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans under the applicable Facility of the assigning Lender subject to each such assignment (in each caseassignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) , shall not be less than $5,000,000 in unless each of the case Agent and, so long as no Event of any assignment of a Revolving CommitmentDefault has occurred and is continuing, unless the Administrative Agent Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that ifconcurrent assignments to multiple Eligible Assignees, after giving effect all of which are Affiliates of one another, and concurrent assignments from multiple Lenders, all of which are Affiliates of one another, to a single Eligible Assignee (or to multiple Eligible Assignees, all of which are Affiliates of one another) will be treated as a single assignment for purposes of determining whether such assignment, the minimum amount of the Commitment held by such assigning Lender or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to ithas been met.

Appears in 2 contracts

Sources: Second Amendment (CBIZ, Inc.), Credit Agreement (CBIZ, Inc.)

Minimum Amounts. (A) in In the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Commitment and/or the Loans at the time owing to it, it (in each case with respect to any Class of Commitments or Loans) or contemporaneous assignments to related Approved Funds (determined after giving effect to such assignments) that equal at least the amount specified in clause (b)(i)(B) of this Section in the aggregate or in the case of an assignment to a Lender, Lender or an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and. (B) in In any case not described in the immediately preceding subsection clause (A), b)(i)(A) of this Section the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each case, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) shall not be less than (x) $1,000,000 with regards to Revolving Loans and (y) $5,000,000 with regards to Term Loans, unless, in the case of any assignment of a Revolving Commitmenteach case, unless the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Borrower otherwise consents (such consent of the Borrower not to be unreasonably withheld or delayed); provided, however, that if, after giving effect the Borrower shall be deemed to have consented to such assignment, assignment unless it shall object thereto by written notice to the amount of the Commitment held by such assigning Lender or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to itAdministrative Agent within five (5) Business Days after having received notice thereof).

Appears in 2 contracts

Sources: Credit Agreement (GrubHub Inc.), Credit Agreement (GrubHub Inc.)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Commitment and/or and the Loans at the time owing to it, it or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A)b)(i)(A) of this Section, the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each caseassignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) , shall not be less than $5,000,000 in the case of any assignment of a Revolving Commitment, unless the Administrative Agent otherwise consents (such consent not to be unreasonably withheld or delayed)5,000,000; provided, however, that ifconcurrent assignments to members of an Assignee Group and concurrent assignments from members of an Assignee Group to a single Eligible Assignee (or to an Eligible Assignee and members of its Assignee Group) will be treated as a single assignment for purposes of determining whether such minimum amount has been met. Until the interpretation of the term “public” (as referred to in Article 4.1(1) of the CRR) has been published by the competent authority, after giving effect to such assignmentthe share of a Lender in any Loan requested by Allied B.V. and, consequently, the amount transferred by one Lender to another Lender in relation to a Loan to Allied B.V. should be at least EUR 5,000,000 (or the foreign currency equivalent thereof) and as soon as the interpretation of the Commitment held term “public” has been published by such assigning the competent authority, the Lender or to which the outstanding principal balance assignment is made may not be considered to be part of the Loans public on the basis of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to itinterpretation.

Appears in 2 contracts

Sources: Credit Agreement (Allied Motion Technologies Inc), Credit Agreement (Allied Motion Technologies Inc)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Commitment and/or and Pro Rata Share of the Loans Loan at the time owing to it, it or contemporaneous assignments to related Approved Funds that equal at least the amount specified in Section 9.5(b)(i)(B) in the aggregate or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (ASection 9.5(b)(i)(A), the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunderthe Pro Rata Share of the Loan outstanding) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance Pro Rata Share of the Loans of the assigning Lender Loan that is subject to each such assignment (in each caseassignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the Trade Effective Date” is specified in the Assignment and Assumption, as of the Trade Date) shall not be less than $5,000,000 in the case 10,000,000 unless each of any assignment of a Revolving Commitment, unless the Administrative Agent and, so long as no Default has occurred and is continuing, Borrowers otherwise consents consent (each such consent not to be unreasonably withheld or delayed); provided, howeverand, with respect to the consent of Borrowers, shall be deemed given if Administrative Agent does not receive a written disapproval from Borrowers within five (5) Business Days after delivery of any request for consent. Borrowers shall not be required to (a) execute any documents in connection with any such assignment that if, after giving effect to such assignment, the amount expand any of the Commitment held by such assigning Lender obligations of Borrowers hereunder or the outstanding principal balance under any of the Loans other Loan Documents or create any additional covenants, representations or warranties of such assigning Lenderany Borrower hereunder or thereunder, as applicable, would be less than $5,000,000 in or (b) provide any representations or warranties confirming the case accuracy of a Commitment any information or Revolving Loans, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to itotherwise.

Appears in 2 contracts

Sources: Loan Agreement (KBS Real Estate Investment Trust II, Inc.), Loan Agreement (KBS Real Estate Investment Trust III, Inc.)

Minimum Amounts. (A) in the case of (w) an assignment of the entire remaining amount of an assigning Revolving Lender’s Revolving Loan Commitment and/or the Revolving Loans at the time owing to it, or (x) contemporaneous assignments to related Approved Funds that equal at least the amount specified in the case immediately following clause (B) in the aggregate, (y) an assignment of the entire remaining amount of an assigning Term Lender’s Term Loan Commitment or Term Loans of a Class at the time owing to it, or (z) an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A), the aggregate amount of the Revolving Commitment a specific Class of Commitments (which for this purpose includes outstanding Loans outstanding thereundermade by a Lender in respect of its Commitment) or, if the applicable Revolving Commitment Class of Commitments is not then in effect, the principal outstanding balance of the applicable Class of Loans of the assigning Lender subject to each such assignment (in each case, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) shall not be less than $5,000,000 in the case of any assignment of a Revolving CommitmentCommitment or Loan (and may be integral multiples of $500,000 in excess thereof), unless each of the Administrative Agent and, so long as no Default or Event of Default shall exist, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect to such assignment, the amount of the Commitment of the applicable Class held by such assigning Lender or the outstanding principal balance of the Loans of the applicable Class of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans5,000,000, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to it; provided, further, that, notwithstanding the foregoing, a Term Lender holding a particular Class of Term Loans may assign the entire remaining amount of such Class of Term Loans without having to assign any other Loan or Commitment or otherwise comply with this subsection (B).

Appears in 2 contracts

Sources: Credit Agreement (LXP Industrial Trust), Credit Agreement (Lexington Realty Trust)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an any Commitment of the assigning Revolving Lender’s Revolving Commitment Lender and/or the Loans any Credit Extension at the time owing to it, it or in the case of an assignment of a Revolving Loan Commitment to a Revolving Loan Lender, an Affiliate of a Revolving Loan Lender or an Approved Fund with respect to a Revolving Loan Lender or in the case of an assignment of a Term Loan or a Term Loan Commitment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A11.06(b)(i)(A), the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans Credit Extensions of the assigning Lender subject to each such assignment (in each caseassignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the a “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) , shall not be less than $5,000,000 (x) in the case of any an assignment of Revolving Loan Commitment (or, if the Revolving Loan Commitments have terminated, Loans under the Revolving Credit Facility), $5,000,000 (and shall be an integral multiple of $1,000,000) and (y) in the case of an assignment of a Revolving CommitmentFive-Year Term Loan Commitment (or, if applicable, a Five-Year Term Loan) or a Ten-Year Term Loan Commitment (or, if applicable, a Ten-year Term Loan), $1,000,000, in each case, unless each of the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect concurrent assignments to such assignment, the amount members of the Commitment held by such assigning Lender an Assignee Group and concurrent assignments from members of an Assignee Group to a single Eligible Assignee (or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount to an Eligible Assignee and members of its Commitment and the Loans at the time owing to it.Assignee Group) will be treated as a single assignment for purposes of determining whether such minimum amount has been met;

Appears in 2 contracts

Sources: Credit Agreement (Snyder's-Lance, Inc.), Credit Agreement (Snyder's-Lance, Inc.)

Minimum Amounts. (A) in the case of (1) an assignment of the entire remaining amount of an assigning Revolving ▇▇▇▇▇▇’s Revolving Commitment and/or the Revolving Loans at the time owing to it, (2) contemporaneous assignments to related Approved Funds that equal at least the amount specified in the immediately following clause (B) in the aggregate, (3) in the case of an assignment of the entire remaining amount of an assigning Revolving LenderTerm Loan ▇▇▇▇▇▇’s Revolving Commitment and/or the Loans Term Loan at the time owing to it, or in the case of (4) an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A), the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) of a Class or, if the applicable Revolving Commitments of the same Class as such Commitment is are not then in effect, the principal outstanding balance of the Loans of such Class of the assigning Lender subject to each such assignment (in each case, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) shall not be less than $5,000,000 in the case of any assignment of a Revolving Commitment5,000,000, unless each of the Administrative Agent and, so long as no Default or Event of Default shall exist, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect to such assignment, the amount of the Commitment of the applicable Class held by such assigning Lender or if the applicable Commitment is not then in effect, the outstanding principal balance of the Loans of the applicable Class of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans5,000,000, then such assigning Lender shall assign the entire amount of its Commitment of such Class and the Loans of such Class at the time owing to it.

Appears in 2 contracts

Sources: Credit Agreement (UDR, Inc.), Credit Agreement (UDR, Inc.)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an assigning Revolving Lender’s Revolving Commitment and/or the Loans at the time owing to it, or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A), the aggregate amount of the Revolving Commitment Commitments (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is Commitments are not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each case, determined as of the date the Assignment and Assumption Acceptance Agreement with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and AssumptionAcceptance Agreement, as of the Trade Date) shall not be less than $5,000,000 10,000,000 in the case of any assignment of a Revolving CommitmentCommitment or a Loan, unless each of the Administrative Agent and, so long as no Default or Event of Default shall exist, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, if after giving effect to such assignment, the amount of the Commitment held by such assigning Lender or or, if the applicable Commitment is not then in effect, the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 10,000,000 in the case of a Commitment or Revolving LoansLoan, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to it; provided, further, that, notwithstanding the foregoing, a Lender may assign the entire remaining amount of Term Loans held by it without having to otherwise comply with this subsection (B).

Appears in 2 contracts

Sources: Term Loan Agreement (Corporate Office Properties, L.P.), Term Loan Agreement (Corporate Office Properties, L.P.)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an assigning Revolving Lender’s Revolving Commitment and/or the Revolving Loans at the time owing to it, or contemporaneous assignments to related Approved Funds that equal at least the amount specified in the immediately following clause (B) in the aggregate, or in the case of an assignment of the entire remaining amount of an assigning Term Loan Lender’s Term Loan Commitment and/or Term Loans at the time owing to it, or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A), the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) of a Class or, if the applicable Revolving Commitments of the same Class as such Commitment is are not then in effect, the principal outstanding balance of the Loans of such Class of the assigning Lender subject to each such assignment (in each case, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) shall not be less than $5,000,000 in the case of any assignment of a Revolving Commitment5,000,000, unless each of the Administrative Agent and, so long as no Event of Default under Section 10.1(a), (e) or (f) shall exist, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect to such assignment, the amount of the Commitment of the applicable Class held by such assigning Lender or if the applicable Commitment is not then in effect, the outstanding principal balance of the Loans of the applicable Class of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans5,000,000, then such assigning Lender shall assign the entire amount of its Commitment of such Class and the Loans of such Class at the time owing to it.

Appears in 2 contracts

Sources: Credit Agreement (American Homes 4 Rent, L.P.), Credit Agreement (American Homes 4 Rent, L.P.)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Commitment and/or the Loans at the time owing to it, it (under either facility hereunder) or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection paragraph (A)b)(i)(A) of this Section, the aggregate amount of the Term Loans or the Revolving Commitment (which for this purpose includes Loans and Revolving Credit Exposure outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans Revolving Credit Exposure of the assigning Revolving Lender subject to each such assignment (in each case, determined as of the date the Assignment and Assumption Acceptance with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and AssumptionAcceptance, as of the Trade Date) (I) in the case of Term Loans, shall not be less than $5,000,000 1,000,000 and shall be in increments of $500,000 in excess thereof and (II) in the case of any assignment Revolving Loans and Revolving Commitments or, if the applicable Revolving Commitment is not then in effect, the Revolving Credit Exposure, shall not be less than $2,000,000 and shall be in increments of a Revolving Commitment$500,000 in excess thereof, unless each of the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Borrowers otherwise consents consent (each such consent not to be unreasonably withheld or delayed); provided, however, provided that if, each Borrower shall be deemed to have consented to any such lower amount unless it shall object thereto by written notice to the Administrative Agent within ten Business Days after giving effect to such assignment, the amount of the Commitment held by such assigning Lender or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to ithaving received written notice thereof.

Appears in 2 contracts

Sources: Credit Agreement (Fortegra Financial Corp), Credit Agreement (Fortegra Financial Corp)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Credit Commitment and/or and the Loans of any Class at the time owing to it, it or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A)b)(i)(A) of this Section, (x) the aggregate unused amount of the Revolving Credit Commitment (which for this purpose includes Loans plus the principal outstanding thereunderbalance of the Revolving Loans) or, if the applicable Revolving Credit Commitment is not then in effect, the principal outstanding balance of the Revolving Loans of the assigning Lender subject to each such assignment (in each caseassignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) , shall not be less than $5,000,000 in the case unless each of any assignment of a Revolving Commitment, unless the Administrative Agent and, so long as no Event of Default under Section 10.1(a) or (f), has occurred and is continuing, the Borrower otherwise consents (each such consent not to be unreasonably withheld withheld, delayed or delayedconditioned) and (y) the principal outstanding balance of the portion of the FILO Loan of the assigning Lender subject to each such assignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date, shall not be less than $5,000,000 unless each of the Administrative Agent and, so long as no Event of Default under Section 10.1(a) or (f), has occurred and is continuing, the Borrower otherwise consents (each such consent not to be unreasonably withheld, delayed or conditioned); provided, however, that if, after giving effect concurrent assignments to such assignment, the amount members of the Commitment held by such assigning Lender an Assignee Group and concurrent assignments from members of an Assignee Group to a single Eligible Assignee (or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount to an Eligible Assignee and members of its Commitment and the Loans at the time owing to it.Assignee Group) will be treated as a single assignment for purposes of determining whether such minimum amount has been met;

Appears in 2 contracts

Sources: Abl Credit Agreement (99 Cents Only Stores LLC), Abl Credit Agreement (99 Cents Only Stores LLC)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Commitment under any Facility and/or the Loans at the time owing to it, it (in each case with respect to any Facility) or contemporaneous assignments to related Approved Funds (determined after giving effect to such Assignments) that equal at least the amount specified in paragraph (b)(i)(B) of this Section in the aggregate or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A)b)(i)(A) of this Section, the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each caseassignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) , shall not be less than $5,000,000 in the case of any assignment in respect of a the Revolving CommitmentFacility, or $1,000,000, in the case of any assignment in respect of the Term Facility, unless each of Agent and, so long as no Event of Default has occurred and is continuing, the Administrative Agent Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect concurrent assignments to such assignment, the amount members of the Commitment held by such assigning Lender an Assignee Group and concurrent assignments from members of an Assignee Group to a single Eligible Assignee (or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount to an Eligible Assignee and members of its Commitment and the Loans at the time owing to it.Assignee Group) will be treated as a single assignment for purposes of determining whether such minimum amount has been met;

Appears in 2 contracts

Sources: Credit and Security Agreement (Ameresco, Inc.), Credit and Security Agreement (Ameresco, Inc.)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Commitment and/or and the Loans at the time owing to it, it or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A)b)(i)(A) of this Section, the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each caseassignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) , shall not be less than $5,000,000 5,000,000, in the case of any assignment in respect of a the Revolving CommitmentCommitments and Revolving Loans, or $1,000,000, in the case of any assignment in respect of the Tranche B Loan unless each of the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect concurrent assignments to such assignment, the amount members of the Commitment held by such assigning Lender an Assignee Group and concurrent assignments from members of an Assignee Group to a single Eligible Assignee (or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount to an Eligible Assignee and members of its Commitment and the Loans at the time owing to itAssignee Group) will be treated as a single assignment for purposes of determining whether such minimum amount has been met.

Appears in 2 contracts

Sources: Credit Agreement (Amn Healthcare Services Inc), Credit Agreement (Amn Healthcare Services Inc)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Commitment and/or the and Revolving Loans or Term Loans at the time owing to it, it or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and; (B) in any case not described in the immediately preceding subsection (A)b)(i)(A) of this Section 11.06, the aggregate amount of the Revolving Commitment (which for this purpose includes Revolving Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Revolving Loans of the assigning Lender subject to each such assignment (in each caseassignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) , shall not be less than $5,000,000 5 million in the case of any an assignment of a Revolving Commitment, Commitment (and the related Revolving Loans thereunder) unless each of the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that concurrent assignments to members of an Assignee Group and concurrent assignments from members of an Assignee Group to a single Eligible Assignee (or to an Eligible Assignee and members of its Assignee Group) will be treated as a single assignment for purposes of determining whether such minimum amount has been met; and (C) in any case not described in subsection (b)(i)(A) of this Section 11.06, the aggregate amount of the Term Loans of the assigning Lender subject to each such assignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date, shall not be less than $2.5 million in the case of an assignment of Revolving Loans unless each of the Administrative Agent (such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect concurrent assignments to such assignment, the amount members of the Commitment held by such assigning Lender an Assignee Group and concurrent assignments from members of an Assignee Group to a single Eligible Assignee (or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount to an Eligible Assignee and members of its Commitment and the Loans at the time owing to itAssignee Group) will be treated as a single assignment for purposes of determining whether such minimum amount has been met.

Appears in 2 contracts

Sources: Credit Agreement (Keyw Holding Corp), Credit Agreement (Keyw Holding Corp)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Credit Commitment and/or and the Loans at the time owing to it, it or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection paragraph (Ai)(A) of this Section 14.10(b), the aggregate amount of the Revolving Credit Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Credit Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each case, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) shall not be less than $5,000,000 2,500,000, in the case of any assignment in respect of the Revolving Credit Facility, $5,000,000, in the case of any assignment in respect of the Renewal Term Loan Facility or $2,500,000, in the case of any assignment of a Revolving Commitmentthe Additional Term Loan Facility, in each case unless each of the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Borrower Agent otherwise consents (each such consent not to be unreasonably withheld withheld, conditioned or delayed); provided, however, provided that if, the Borrower Agent shall be deemed to have given its consent five (5) Business Days after giving effect the date written notice thereof has been delivered by the assigning Lender (through the Administrative Agent) unless such consent is expressly refused by the Borrower Agent prior to such assignment, the amount of the Commitment held by such assigning Lender or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to it.fifth (5th) Business;

Appears in 2 contracts

Sources: Credit Agreement (Alon Brands, Inc.), Credit Agreement (Alon USA Energy, Inc.)

Minimum Amounts. (A) in the case of (x) an assignment of the entire remaining amount of the assigning Lender’s Revolving Commitments, Revolving Loans and other Revolving Facility Exposure at the time owing to it, (y) an assignment of the entire remaining amount of an assigning Revolving Term Loan Lender’s Revolving Term Loan Commitment and/or the or Term Loans at the any time owing to it, or (z) in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and, (B) in any case not described in the immediately preceding subsection (A)b)(i)(A) of this Section, the aggregate amount of the Revolving Commitment of a Class (which for this purpose includes Loans and Revolving Facility Exposure outstanding thereunder) or, if the applicable Revolving Commitment Class of Commitments is not then in effect, the principal outstanding balance of the applicable Class of Loans and Revolving Facility Exposure of the assigning Lender subject to each such assignment (in each case, determined as of the date the Assignment and Assumption Agreement with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and AssumptionAgreement, as of the Trade Date) shall not be less than (x) $5,000,000 1,000,000 and in minimum increments of $1,000,000 in the case of any assignment Revolving Loans and Revolving Commitments and (y) $5,000,000 and in minimum increments of a Revolving Commitment$1,000,000 in the case of Term Loans and Term Loan Commitments, unless each of the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect to such assignment, the amount of the Commitment held by such assigning Lender or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to it.,

Appears in 2 contracts

Sources: Credit Agreement (Circor International Inc), Credit Agreement (Circor International Inc)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an assigning Revolving Lender’s Revolving Commitment and/or and the Loans at the time owing to it, or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A), the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each case, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) shall not be less than $5,000,000 in the case of any assignment of a Revolving Commitment, unless each of the Administrative Agent and, so long as no Event of Default shall exist, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect to such assignment, the amount of the Commitment held by such assigning Lender or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to it.

Appears in 2 contracts

Sources: Credit Agreement (Equity One, Inc.), Credit Agreement (Equity One, Inc.)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an assigning Revolving Lender’s Revolving Commitment and/or and the Loans at the time owing to it, it or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A), the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each case, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) shall not be less than $5,000,000 in the case of any assignment of a Revolving Commitment, unless each of the Administrative Agent and, so long as no Default or Event of Default shall exist, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect to such assignment, the amount of the Commitment held by such assigning Lender or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans5,000,000, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to it.

Appears in 2 contracts

Sources: Credit Agreement (DiamondRock Hospitality Co), Credit Agreement (DiamondRock Hospitality Co)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Commitment and/or and the Loans at the time owing to it, it or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A)b)(i)(A) of this Section, the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each caseassignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) , shall not be less than (1) $5,000,000 in the case of any an assignment of a Revolving CommitmentLoans, (2) $5,000,000 in the case of an assignment of any Term Loans and (3) $5,000,000 in the case of an assignment in respect of the Foreign Trade Facility unless each of the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Parent Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect concurrent assignments to such assignment, the amount members of the Commitment held by such assigning Lender an Assignee Group and concurrent assignments from members of an Assignee Group to a single Eligible Assignee (or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount to an Eligible Assignee and members of its Commitment and the Loans at the time owing to it.Assignee Group) will be treated as a single assignment for purposes of determining whether such minimum amount has been met;

Appears in 2 contracts

Sources: Credit Agreement (SPX Corp), Credit Agreement (SPX Corp)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an assigning Revolving Lender’s Revolving Commitment and/or the Loans at the time owing to it, or contemporaneous assignments to related Approved Funds that equal at least the amount specified in the immediately following clause (B) in the aggregate, or in the case of an assignment of the entire remaining amount of an assigning Term Loan Lender’s Term Loans at the time owing to it, or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A), the aggregate amount of the Revolving Commitment a specific Class of Commitments (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment Class of Commitments is not then in effect, the principal outstanding balance of the applicable Class of Loans of the assigning Lender subject to each such assignment (in each case, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) shall not be less than $5,000,000 in the case of any assignment of a Revolving CommitmentCommitment or a Loan, unless each of the Administrative Agent and, so long as no Default or Event of Default shall exist, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, if after giving effect to such assignment, the amount of the Commitment Commitments held by such assigning Lender or or, if the applicable Commitment is not then in effect, the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving LoansLoan, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to it; provided, further, that, notwithstanding the foregoing, a Term Loan Lender holding a particular Class of Term Loans may assign the entire remaining amount of such Class of Term Loans without having to assign any other Loan or Commitment or otherwise comply with this subsection (B).

Appears in 2 contracts

Sources: Credit Agreement (Government Properties Income Trust), Credit Agreement (Government Properties Income Trust)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender▇▇▇▇▇▇’s Revolving Commitment and/or and the related Loans at the time owing to it, it (in each case with respect to any credit facility provided hereunder) or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A)b)(i)(A) of this Section, the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each caseassignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) , shall not be less than $5,000,000 5,000,000, in the case of any assignment in respect of a Revolving Commitmentany revolving credit facility provided hereunder and $1,000,000 in the case of any assignment in respect of any term loan facility provided hereunder, unless each of the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Company otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect concurrent assignments to such assignment, the amount members of the Commitment held by such assigning Lender an Assignee Group and concurrent assignments from members of an Assignee Group to a single assignee (or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount to an assignee and members of its Commitment and the Loans at the time owing to it.Assignee Group) will be treated as a single assignment for purposes of determining whether such minimum amount has been met;

Appears in 2 contracts

Sources: Credit Agreement (Corpay, Inc.), Credit Agreement (Corpay, Inc.)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an assigning Revolving Lender’s Revolving Commitment and/or the Loans at the time owing to it, or contemporaneous assignments to related Approved Funds that equal at least the amount specified in the case immediately following clause (B) in the aggregate, an assignment of the entire remaining amount of an assigning Term Loan Lender’s Term Loans at the time owing to it, or an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A), the aggregate amount of the Revolving Commitment a Class of Commitments (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment Class of Commitments is not then in effect, the principal outstanding balance of the applicable Class of Loans of the assigning Lender subject to each such assignment assignment, (in each case, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) shall not be less than $5,000,000 in the case of any assignment of a Revolving CommitmentCommitment or a Loan, unless each of the Administrative Agent and, so long as no Default or Event of Default shall exist, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect to such assignment, the amount of the Commitment of the applicable Class held by such assigning Lender or the outstanding principal balance of the Loans of the applicable Class of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans5,000,000, then such assigning Lender shall assign the entire amount of its such Commitment and the such Loans at the time owing to it; provided, further, that, notwithstanding the foregoing, a Term Loan Lender holding a particular Class of Term Loans may assign the entire remaining amount of such Class of Term Loans and shall not as a consequence of such assignment be required to assign any other Loan or Commitment.

Appears in 2 contracts

Sources: Credit Agreement (Equity Commonwealth), Credit Agreement (Equity Commonwealth)

Minimum Amounts. (A) in the case of (1) an assignment of the entire remaining amount of an assigning Revolving Lender’s Revolving Commitment and/or the Revolving Loans at the time owing to it, or (2) contemporaneous assignments to related Approved Funds that equal at least the amount specified in the immediately following clause (B) in the aggregate, (3) in the case of an assignment of the entire remaining amount of an assigning Term Loan Lender’s Term Loan at the time owing to it, or (4) an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A), the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) of a Class or, if the applicable Revolving Commitments of the same Class as such Commitment is are not then in effect, the principal outstanding balance of the Loans of such Class of the assigning Lender subject to each such assignment (in each case, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) shall not be less than $5,000,000 in the case of any assignment of a Revolving Commitment5,000,000, unless each of the Administrative Agent and, so long as no Default or Event of Default shall exist, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect to such assignment, the amount of the Commitment of the applicable Class held by such assigning Lender or if the applicable Commitment is not then in effect, the outstanding principal balance of the Loans of the applicable Class of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans5,000,000, then such assigning Lender shall assign the entire amount of its Commitment of such Class and the Loans of such Class at the time owing to it.

Appears in 2 contracts

Sources: Credit Agreement (United Dominion Realty L P), Credit Agreement (United Dominion Realty L P)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Commitment and/or and the related Loans at the time owing to it, it or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A)b)(i)(A) of this Section, the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each caseassignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) , shall not be less than $5,000,000 5 million in the case of any an assignment of a Revolving CommitmentCommitment (and the related Revolving Loans thereunder) and $5 million in the case of an assignment of the Term Loan unless (x) the Revolving Commitment (and the related Revolving Loans thereunder) or the Term Loan subject to such assignment is the full amount of the assignor’s Revolving Commitment (and the related Revolving Loans thereunder) or Term Loan, unless as applicable, or (y) each of the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect concurrent assignments to such assignment, the amount members of the Commitment held by such assigning Lender an Assignee Group and concurrent assignments from members of an Assignee Group to a single Eligible Assignee (or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount to an Eligible Assignee and members of its Commitment and the Loans at the time owing to itAssignee Group) will be treated as a single assignment for purposes of determining whether such minimum amount has been met.

Appears in 2 contracts

Sources: Credit Agreement (Huron Consulting Group Inc.), Credit Agreement (Huron Consulting Group Inc.)

Minimum Amounts. (A) no minimum amount need be assigned in the case of (x) an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Commitment and/or under any Facility and the Loans at the time owing to it, or in the case of it under such Facility and (y) an assignment to a Lender, an Affiliate of by a Lender or an to any other Lenders, Affiliates and Approved Fund, no minimum amount need be assignedFunds; and (B) in any case not described in the immediately preceding subsection (A)b)(i)(A) of this Section, the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each caseassignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) , shall not be less than, in the case of any Facility other than the Tranche C Term Loan Facility, $5,000,000 1,000,000, in the case of any assignment in respect of a Revolving Commitmentsuch Facility, and, in the case of the Tranche C Term Loan Facility, €1,000,000, in either case, unless each of the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect concurrent assignments to such assignment, the amount members of the Commitment held by such assigning an Assignee Group with respect to any Lender and concurrent assignments from members of an Assignee Group with respect to any Lender to a single Eligible Assignee (or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount to an Eligible Assignee and members of its Commitment and the Loans at the time owing to it.Assignee Group) will be treated as a single assignment for purposes of determining whether such minimum amount has been met;

Appears in 2 contracts

Sources: Credit Agreement (MacDermid Group Inc.), Credit Agreement (MacDermid Group Inc.)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Commitment and/or the Loans at the time owing to it, it (in each case with respect to any Facility) or contemporaneous assignments to related Approved Funds that equal at least the amount specified in paragraph (b)(i)(B) of this Section in the aggregate or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection paragraph (A)b)(i)(A) of this Section, the aggregate amount of the Revolving Credit Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Credit Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each case, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) shall not be less than $5,000,000 5,000,000, in the case of any assignment in respect of a the Revolving CommitmentCredit Facility, unless each of the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, provided that if, the Borrower shall be deemed to have given its consent five (5) Business Days after giving effect the date written notice thereof has been delivered by the assigning Lender (through the Administrative Agent) unless such consent is expressly refused by the Borrower prior to such assignment, the amount of the Commitment held by such assigning Lender or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to it.fifth (5th) Business Day;

Appears in 2 contracts

Sources: Credit Agreement (Blucora, Inc.), Credit Agreement (Southwest Gas Corp)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an assigning Revolving Lender’s Revolving Commitment and/or and Revolving Loans at the time owing to it or in the case of an assignment of the entire remaining amount of an assigning Term Loan Lender’s Term Loans at the time owing to it, or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A), the aggregate amount of the Revolving Commitment (which for this purpose includes Revolving Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Revolving Loans of the assigning Lender subject to each such assignment, and the principal outstanding balance of the Term Loan subject to such assignment (in each case, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) shall not be less than $5,000,000 in the case of any assignment of a Revolving CommitmentCommitment and $1,000,000 in the case of any assignment in respect of a Term Loan, unless each of the Administrative Agent and, so long as no Default or Event of Default shall exist, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect to such assignment, the amount of the Revolving Commitment held by such assigning Revolving Lender or the outstanding principal balance of the Revolving Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Revolving Commitment or Revolving LoansLoans or $1,000,000 in the case of a Term Loan, then such assigning Revolving Lender shall assign the entire amount of its Revolving Commitment and the Revolving Loans at the time owing to it and such assigning Term Loan Lender shall assign the entire amount of the Term Loan owing to it.

Appears in 2 contracts

Sources: Credit Agreement (Broadstone Net Lease Inc), Credit Agreement (Broadstone Net Lease Inc)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an assigning Revolving Lender’s Revolving Commitment of a Class and/or the Revolving Loans of such Class at the time owing to it, or contemporaneous assignments to related Approved Funds that equal at least the amount specified in the immediately following clause (B) in the aggregate, or, if applicable, in the case of an assignment of the entire remaining amount of an assigning Term Loan Lender’s Tranche A Term Loans or Tranche B Term Loans at the time owing to it, or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A), (i) in the case of Revolving Lenders, the aggregate amount of the Revolving Commitment (which for this purpose includes Revolving Loans outstanding thereunder) of a Class or, if the applicable Revolving Commitment is Commitments of the same Class as such Revolving Commitments are not then in effect, the principal outstanding balance of the Revolving Loans of such Class of the assigning Revolving Lender subject to each such assignment or (ii) in the case of Term Lenders, the principal outstanding balance of the Term Loans of a Class of the assigning Term Lender subject to each such assignment (in each case, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) shall not be less than $5,000,000 in the case of any assignment of a Revolving Commitment5,000,000, unless each of the Administrative Agent and, so long as no Event of Default shall exist, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect to such assignment, (i) in the case of a Revolving Lender, the amount of the Revolving Commitment of the applicable Class held by such assigning Revolving Lender or if the applicable Revolving Commitment is not then in effect, the outstanding principal balance of the Revolving Loans of the applicable Class of such assigning Revolving Lender, as applicable, or (ii) in the case of a Term Lender, the outstanding principal balance of the Term Loans of the applicable Class of such assigning Term Lender, in each case, would be less than $5,000,000 in the case of a Commitment or Revolving Loans5,000,000, then such assigning Lender shall assign the entire amount of its Revolving Commitment of such Class and the Revolving Loans of such Class or Term Loans of such Class, as applicable, at the time owing to it.

Appears in 2 contracts

Sources: Credit Agreement (Realty Income Corp), Credit Agreement (Realty Income Corp)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an assigning Revolving Lender’s Revolving Commitment and/or and the Loans at the time owing to itit or, or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A), the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each case, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) shall not be less than $5,000,000 in the case of any assignment of a Revolving Commitment5,000,000, unless each of the Administrative Agent and, so long as no Event of Default shall exist, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayeddelayed with it being agreed that the Borrower’s withholding of consent to an assignment which would result in the Borrower having to pay amounts under Section 3.10. in an amount that the Borrower reasonably deems to be a significant amount shall be deemed reasonable); provided, however, that if, after giving effect to such assignment, the amount of the Commitment held by such assigning Lender or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to itit unless the Administrative Agent and Borrower agree otherwise.

Appears in 2 contracts

Sources: Credit Agreement (Federal Realty Investment Trust), Credit Agreement (Federal Realty Investment Trust)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Commitment and/or and the Committed Loans at the time owing to it, it or in the case of an assignment to a Lender, Lender or an Affiliate of a Lender or an Approved FundFund with respect to a Lender, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A)b)(i)(A)of this Section, the aggregate amount of the Revolving Commitment (which for this purpose includes Committed Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Committed Loans of the assigning Lender subject to each such assignment (in each caseassignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) , shall not be less than $5,000,000 in the case unless each of any assignment of a Revolving Commitment, unless the Administrative Agent and, so long as no Default has occurred and is continuing, the Lead Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect concurrent assignments to such assignment, the amount members of the Commitment held by such assigning Lender an Assignee Group and concurrent assignments from members of an Assignee Group to a single Eligible Assignee (or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount to an Eligible Assignee and members of its Commitment and the Loans at the time owing to it.Assignee Group) will be treated as a single assignment for purposes of determining whether such minimum amount has been met;

Appears in 2 contracts

Sources: Credit Agreement (Syms Corp), Credit Agreement (Syms Corp)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Commitment and/or and the Loans at the time owing to it, it or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved FundFund (as defined in subsection (h) of this Section), no minimum amount need be assigned; , and (B) in any case not described in the immediately preceding subsection (A)b)(i)(A) of this Section, the aggregate amount of (x) the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) and (y) the Incremental Term Commitment or, if the applicable Revolving Commitment or Incremental Term Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each caseassignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) , shall not be less than $5,000,000 unless each of the Administrative Agent, each L/C Issuer (in the case of any an assignment of Revolving Loans or a Revolving Commitment), unless and, so long as no Default or Event of Default has occurred and is continuing, the Administrative Agent Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect concurrent assignments to such assignment, the amount members of the Commitment held by such assigning Lender an Assignee Group and concurrent assignments from members of an Assignee Group to a single assignee (or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount to an assignee and members of its Commitment and the Loans at the time owing to itAssignee Group) will be treated as a single assignment for purposes of determining whether such minimum amount has been met.

Appears in 2 contracts

Sources: Third Amended and Restated Credit Agreement (Equitrans Midstream Corp), Credit Agreement (EQM Midstream Partners, LP)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Commitment under the Facility and/or the Loans at the time owing to it, it (in each case with respect to the Facility) or contemporaneous assignments to related Approved Funds that equal at least the amount specified in paragraph (b)(i)(B) of this Section in the aggregate or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; andand [***] Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission. (B) in any case not described in the immediately preceding subsection (A)b)(i)(A) of this Section, the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each caseassignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) , shall not be less than $5,000,000 5,000,000, in the case of any assignment in respect of a Revolving Commitmentthe Facility, unless each of the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect to such assignment, the amount of the Commitment held by such assigning Lender or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to it.

Appears in 2 contracts

Sources: Credit Agreement (Solarcity Corp), Credit Agreement (Solarcity Corp)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Commitment and/or the Loans at the time owing to it, it or contemporaneous assignments to related Approved Funds that equal at least the amount specified in paragraph (b)(i)(B) of this Section in the aggregate or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assignedassigned (but any such assignment shall be of a pro rata interest in each of the Loans); and (B) in any case not described in the immediately preceding subsection (A)b)(i)(A) of this Section, the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each caseassignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) , shall not be less than $5,000,000 in the case of any and shall be an assignment of a Revolving Commitmentpro rata interest in each of the Loans, and the amount assigned to the Eligible Assignee shall not be less than $5,000,000, unless each of the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, provided that if, after giving effect concurrent assignments to such assignment, the amount members of the Commitment held by such assigning Lender an Assignee Group and concurrent assignments from members of an Assignee Group to a single Eligible Assignee (or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount to an Eligible Assignee and members of its Commitment and the Loans at the time owing to itAssignee Group) will be treated as a single assignment for purposes of determining whether such minimum amount has been met.

Appears in 2 contracts

Sources: Credit Agreement (STAG Industrial, Inc.), Credit Agreement (STAG Industrial, Inc.)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an assigning Revolving Lender’s Revolving Commitment and/or the Loans at the time owing to itit (in each case with respect to a Facility) or contemporaneous assignments to related Approved Funds that equal at least the amount specified in the immediately following clause (B) in the aggregate, or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A), the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each case, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) shall not be less than $5,000,000 in the case of any assignment in respect of a Revolving Commitment, unless each of the Administrative Agent and, so long as no Default or Event of Default shall exist, each Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect to such assignment, the amount of the Commitment held by such assigning Lender or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving LoansCommitment, then such assigning Lender shall assign the entire amount of its applicable Commitment and the applicable Loans at the time owing to it. (C) Clauses (A) and (B) of this subsection (i) shall not apply to any assignment to the Unrestricted Subsidiary permitted by this Agreement.

Appears in 2 contracts

Sources: Credit Agreement (Sl Green Operating Partnership, L.P.), Credit Agreement (Sl Green Operating Partnership, L.P.)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Credit Commitment and/or the Loans at the time owing to it, it (in each case with respect to any Credit Facility) or contemporaneous assignments to related Approved Funds (determined after giving effect to such assignments) that equal at least the amount specified in paragraph (b)(i)(B) of this Section in the aggregate or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection paragraph (A)b)(i)(A) of this Section, the aggregate amount of the Revolving Credit Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Credit Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject 59442126_10 to each such assignment (in each case, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) shall not be less than $5,000,000 in the case of any assignment of a Revolving Commitment5,000,000, unless each of the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, provided that if, the Borrower shall be deemed to have given its consent ten (10) Business Days after giving effect the date written notice thereof has been delivered by the assigning Lender (through the Administrative Agent) unless such consent is expressly refused by the Borrower prior to such assignment, the amount of the Commitment held by such assigning Lender or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to it.tenth (10th) Business Day;

Appears in 2 contracts

Sources: Credit Agreement (Realpage Inc), Credit Agreement (Realpage Inc)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Commitment under any Facility, Term Loans and/or the Revolving Credit Loans at the time owing to it, it or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A)b)(i)(A) of this Section, the aggregate amount Dollar Amount of the Revolving Commitment (which for this purpose includes Term Loans and Revolving Credit Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Term Loans or Revolving Credit Loans, as applicable, of the assigning Lender subject to each such assignment (in each caseassignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) , shall not be less than $5,000,000 5,000,000, in the case of any assignment in respect of a the Revolving CommitmentCredit Facility (or, in the case of Foreign Currency Revolving Credit Loans, the Applicable Minimum Amount), or $1,000,000, in the case of any assignment in respect of the Term Loan Facility, unless each of the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect concurrent assignments to such assignment, the amount members of the Commitment held by such assigning Lender an Assignee Group and concurrent assignments from members of an Assignee Group to a single Eligible Assignee (or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount to an Eligible Assignee and members of its Commitment and the Loans at the time owing to itAssignee Group) will be treated as a single assignment for purposes of determining whether such minimum amount has been met.

Appears in 2 contracts

Sources: Credit Agreement (Starwood Property Trust, Inc.), Credit Agreement (Starwood Property Trust, Inc.)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender▇▇▇▇▇▇’s Revolving Commitment and/or under any Facility and the Loans at the time owing to it, it under such Facility or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (Ab)(i)(A) of this Section or in Section 10.06(g), the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each caseassignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) , shall not be less than (x) with respect to Term Loans, $5,000,000 1,000,000 and (y) with respect to the Revolving Credit Facility, $5,000,000, in the case of any assignment in respect of a the Revolving CommitmentCredit Facility or Term Loan Facility or any Increase, unless such assignment is made to an existing Lender or an Affiliate or Approved Fund of any existing Lender, such assignment is of the assigning ▇▇▇▇▇▇’s entire interest in such facility or each of Administrative Agent and, so long as no Event of Default under Section 8.01(a) or 8.01(f) has occurred and is continuing, Borrower Agent otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect concurrent assignments to such assignment, the amount members of the Commitment held by such assigning Lender an Assignee Group and concurrent assignments from members of an Assignee Group to a single assignee (or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount to an assignee and members of its Commitment and the Loans at the time owing to itAssignee Group) will be treated as a single assignment for purposes of determining whether such minimum amount has been met.

Appears in 2 contracts

Sources: Fifth Amendment to Amended and Restated Credit Agreement (e.l.f. Beauty, Inc.), Credit Agreement (e.l.f. Beauty, Inc.)

Minimum Amounts. (Ai) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Commitment and/or the Loans at the time owing to it, it or contemporaneous assignments to related Approved Funds that equal at least the amount specified in paragraph (b)(i)(B) of this Section in the aggregate or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assignedassigned (but any such assignment shall be of a pro rata interest in each of the Loans; and (Bii) in any case not described in the immediately preceding subsection (b)(i) (A)) of this Section, the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each caseassignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) , shall not be less than $5,000,000 in the case of any and shall be an assignment of a Revolving Commitmentpro rata interest in each of the Loans, and the amount assigned to the Eligible Assignee shall not be less than $5,000,000, unless each of the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, provided that if, after giving effect concurrent assignments to such assignment, the amount members of the Commitment held by such assigning Lender an Assignee Group and concurrent assignments from members of an Assignee Group to a single Eligible Assignee (or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount to an Eligible Assignee and members of its Commitment and the Loans at the time owing to itAssignee Group) will be treated as a single assignment for purposes of determining whether such minimum amount has been met.

Appears in 2 contracts

Sources: Term Loan Agreement (STAG Industrial, Inc.), Term Loan Agreement (STAG Industrial, Inc.)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Commitment and/or and the Loans under such Facility at the time owing to it, it or in the case of an assignment to a Lender, Lender or an Affiliate of a Lender or an Approved FundLender, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A)b)(i)(A) of this Section, the aggregate amount of the Revolving Commitment under such Facility (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effecteffect under such Facility, the principal outstanding balance of the Loans under such Facility of the assigning Lender subject to each such assignment (in each caseassignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) , shall not be less than $5,000,000 in the case unless each of any assignment of a Revolving Commitment, unless the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Lead Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, the Lead Borrower shall in all events be notified of an assignment (regardless of whether a Default or an Event of Default has occurred); and (C) after giving effect to any such assignment, the aggregate amount of the remaining Commitment held by (which for this purpose includes Loans outstanding thereunder) under such assigning Lender or Facility or, if the Commitment is not then in effect, the principal outstanding principal balance of the Loans of under such Facility by the assigning Lender, as applicable, would Lender shall not be less than $5,000,000 in unless each of the case Administrative Agent and, so long as no Event of a Commitment Default has occurred and is continuing, the Lead Borrower otherwise consents (each such consent not to be unreasonably withheld or Revolving Loans, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to itdelayed).

Appears in 2 contracts

Sources: Credit Agreement (Barnes & Noble Inc), Credit Agreement (Barnes & Noble Inc)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Credit Commitment and/or the Loans at the time owing to it, it (in each case with respect to any Facility) or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A)paragraph 11.10(b)(i)(A) of this Section, the aggregate amount of the Revolving Credit Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Credit Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each case, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) shall not be less than $5,000,000 in the case of any assignment of a Revolving Commitment5,000,000, unless each of the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, provided that if, the Borrower shall be deemed to have given its consent ten (10) Business Days after giving effect the date written notice thereof has been delivered by the assigning Lender (through the Administrative Agent) unless such consent is expressly refused by the Borrower prior to such assignment, the amount of the Commitment held by such assigning Lender or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to it.tenth (10th) Business Day;

Appears in 2 contracts

Sources: Credit Agreement (DCP Midstream, LP), Credit Agreement (DCP Midstream, LP)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Commitment under any credit facility provided hereunder and/or the related Loans at the time owing to it, it (in each case with respect to any credit facility provided hereunder) or contemporaneous assignments to related Approved Funds that equal at least the amount specified in paragraph (b)(i)(B) of this Section in the aggregate or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A)b)(i)(A) of this Section, the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each caseassignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the a “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) , shall not be less than $5,000,000 5 million or €5 million, as appropriate, in the case of any an assignment of Revolving Commitments (and the Revolving Loans relating thereto), and $1 million or €1 million, as appropriate, in the case of an assignment of a Revolving CommitmentTerm Loan, unless (x) the Revolving Commitments (and the Revolving Loans relating thereto) and the Term Loan subject to such assignment is the full amount of the assignor’s interest therein, as applicable, or (y) each of the Administrative Agent and, so long as no Event of Default has occurred and is continuing, FME otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect concurrent assignments to such assignment, the amount members of the Commitment held by such assigning Lender an Assignee Group and concurrent assignments from members of an Assignee Group to a single Eligible Assignee (or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount to an Eligible Assignee and members of its Commitment and the Loans at the time owing to it.Assignee Group) will be treated as a single assignment for purposes of determining whether such minimum amount has been met; and

Appears in 2 contracts

Sources: Credit Agreement (Fresenius Medical Care AG & Co. KGaA), Amendment No. 2 (Fresenius Medical Care AG & Co. KGaA)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Commitment and/or and the Loans at the time owing to it, it or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A)b)(i)(A) of this Section, the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each caseassignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) , shall not be less than $5,000,000 in the case unless each of any assignment of a Revolving Commitment, unless the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that ifthe Borrower shall be deemed to have consented to any such assignment unless it shall object thereto by written notice to the Administrative Agent within five (5) Business Days after having received notice thereof; provided, after giving effect further, however, that concurrent assignments to such assignment, the amount members of the Commitment held by such assigning Lender an Assignee Group and concurrent assignments from members of an Assignee Group to a single assignee (or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount to an assignee and members of its Commitment and the Loans at the time owing to itAssignee Group) will be treated as a single assignment for purposes of determining whether such minimum amount has been met.

Appears in 2 contracts

Sources: Credit Agreement (Aptargroup Inc), Credit Agreement (Aptargroup Inc)

Minimum Amounts. (A1) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving 's Commitment and/or under any Commitment and the Loans at the time owing to it, it under such Commitment or in the case of an assignment to a Lender, Lender or an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B2) in any case not described in the immediately preceding subsection (A)b)(i)(1) of this Section, the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each caseassignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) , shall not be less than $5,000,000 1,000,000.00, in the case of any assignment in respect of a Revolving Commitment, any of the Loans unless each of the Administrative Agent and, so long as no Default or Event of Default has occurred and is continuing, Borrowers otherwise consents consent (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect concurrent assignments to members of an Assignee Group and concurrent assignments from members of an Assignee Group to a single Eligible Assignee (or to an Eligible Assignee and members of its Assignee Group) will be treated as a single assignment for purposes of determining whether such assignmentminimum amount has been met; (3) in case of assignment of an assigning Lender’s Commitment under the Development Line of Credit Loan, the amount prior written consent of the Commitment held by such assigning Swingline Lender or the outstanding principal balance of the Loans of such assigning Lendermust first be obtained, as applicable, would which consent may be less than $5,000,000 withheld in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to itSwingline Lender’s sole discretion.

Appears in 2 contracts

Sources: Credit Agreement (Diversified Restaurant Holdings, Inc.), Credit Agreement (Diversified Restaurant Holdings, Inc.)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving 's Commitment and/or and the Loans at the time owing to it, it or in the case of an assignment to a Lender, Lender or an Affiliate of a Lender or an Approved FundFund with respect to a Lender, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A)b)(i)(A) of this Section, the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each caseassignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) , shall not be less than $5,000,000 or a whole multiple in excess thereof unless each of the case Agent and, so long as no Default or Event of any assignment of a Revolving CommitmentDefault has occurred and is continuing, unless the Administrative Agent Lead Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed, and shall be deemed given by the Lead Borrower if the Lead Borrower has not responded to such request for consent within five (5) Business Days); provided, however, that if, after giving effect concurrent assignments to such assignment, the amount members of the Commitment held by such assigning Lender an Assignee Group and concurrent assignments from members of an Assignee Group to a single Eligible Assignee (or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount to an Eligible Assignee and members of its Commitment and the Loans at the time owing to it.Assignee Group) will be treated as a single assignment for purposes of determining whether such minimum amount has been met;

Appears in 2 contracts

Sources: Credit Agreement (Lumber Liquidators Holdings, Inc.), Credit Agreement (Lumber Liquidators Holdings, Inc.)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an assigning Revolving Lender’s Revolving Commitment and/or the Revolving Loans at the time owing to it, or contemporaneous assignments to related Approved Funds that equal at least the amount specified in the immediately following clause (B) in the aggregate, or in the case of an assignment of the entire remaining amount of an assigning Term Loan Lender’s Term Loan Commitment and/or Term Loans at the time owing to it, or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A), the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) of a Class or, if the applicable Revolving Commitments of the same Class as such Commitment is are not then in effect, the principal outstanding balance of the Loans of such Class of the assigning Lender subject to each such assignment (in each case, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) shall not be less than $5,000,000 in the case of any assignment of a Revolving Commitment5,000,000, unless each of the Administrative Agent and, so long as no Default or Event of Default shall exist, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect to such assignment, the amount of the Commitment of the applicable Class held by such assigning Lender or if the applicable Commitment is not then in effect, the outstanding principal balance of the Loans of the applicable Class of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans5,000,000, then such assigning Lender shall assign the entire amount of its Commitment of such Class and the Loans of such Class at the time owing to it.

Appears in 2 contracts

Sources: Credit Agreement (American Homes 4 Rent), Credit Agreement (American Homes 4 Rent)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Commitment and/or and the Loans at the time owing to it, it (in each case with respect to any Facility) or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in paragraph (b)(i)(A) of this Section, (I) in the immediately preceding subsection (A)case of any assignment in respect of the Revolving Facility, the aggregate amount of the Revolving Commitment (which for this purpose includes Revolving Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Revolving Loans of the assigning Lender subject to each such assignment (in each case, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) shall not be less than $5,000,000 or (II) in the case of any assignment in respect of a Revolving Commitmentthe Term Loan Facility, unless the principal outstanding balance of the portion of the Term Loan of the assigning Lender subject to each such assignment (determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date), shall, in such case, not be less than $5,000,000, unless each of the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, provided that if, the Borrower shall be deemed to have given its consent five (5) Business Days after giving effect the date written notice thereof has been delivered by the assigning Lender (through the Administrative Agent) unless such consent is expressly refused by the Borrower prior to such assignment, the amount of the Commitment held by such assigning Lender or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to itfifth (5th) Business Day.

Appears in 2 contracts

Sources: Credit Agreement (Orbital Sciences Corp /De/), Credit Agreement (Orbital Sciences Corp /De/)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Credit Commitment and/or the Loans at the time owing to it, it (in each case with respect to any Facility) or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection paragraph (A)b)(i)(A) of this Section, the aggregate amount of the Revolving Credit Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Credit Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each case, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) shall not be less than $5,000,000 in the case of any assignment of a Revolving Commitment5,000,000, unless each of the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, provided that if, the Borrower shall be deemed to have given its consent ten (10) Business Days after giving effect the date written notice thereof has been delivered by the assigning Lender (through the Administrative Agent) unless such consent is expressly refused by the Borrower prior to such assignment, the amount of the Commitment held by such assigning Lender or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to it.tenth (10th) Business Day;

Appears in 2 contracts

Sources: Credit Agreement (DCP Midstream Partners, LP), Credit Agreement (DCP Midstream Partners, LP)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an assigning Revolving Lender’s Revolving Commitment and/or and the Loans at the time owing to it, or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection clause (A), the aggregate amount of the Revolving Commitment Commitments (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each case, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) shall not be less than $5,000,000 in the case unless each of any assignment of a Revolving Commitment, unless the Administrative Agent and, so long as no Event of Default shall exist, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided that concurrent assignments to members of an Assignee Group and concurrent assignments from members of an Assignee Group to a single Eligible Assignee (or to an Eligible Assignee and members of its Assignee Group) will be treated as a single assignment for purposes of determining whether such minimum amount has been met and provided, howeverfurther, that if, after giving effect to such assignment, the amount of the Commitment held by such assigning Lender or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans5,000,000, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to it.

Appears in 2 contracts

Sources: Term Loan Agreement (American Realty Capital Trust, Inc.), Term Loan Agreement (American Realty Capital Trust, Inc.)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an assigning Revolving Lender▇▇▇▇▇▇’s Revolving Commitment and/or the Loans at the time owing to it, or contemporaneous assignments to related Approved Funds (determined after giving effect to such assignments) that equal at least the amount specified in the immediately following clause (B) in the aggregate, or in the case of an assignment of the entire remaining amount of an assigning Term Loan Lender’s Term Loans at the time owing to it, or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A), the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment, and the principal outstanding balance of the Term Loan subject to such assignment (in each case, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) shall not be less than $5,000,000 in the case of any assignment of a Revolving CommitmentCommitment and $1,000,000 in the case of any assignment in respect of a Term Loan, unless each of the Administrative Agent and, so long as no Default or Event of Default shall exist, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect to such assignment, the amount of the Commitment held by such assigning Lender or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Revolving Commitment or Revolving LoansLoans or $1,000,000 in the case of a Term Loan, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to it.

Appears in 2 contracts

Sources: Credit Agreement (NETSTREIT Corp.), Credit Agreement (NETSTREIT Corp.)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Commitment and/or the Loans at the time owing to it, it or contemporaneous assignments to related Approved Funds that equal at least the amount specified in paragraph (b)(i)(B) of this Section in the aggregate or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assignedassigned (but any such assignment shall be of a pro rata interest in each of the Revolving Loans and the Term Loans); and (B) in any case not described in the immediately preceding subsection (A)b)(i)(A) of this Section, the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each caseassignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) , shall not be less than $5,000,000 in the case of any 10,000,000 and shall be an assignment of a pro rata interest in each of the Revolving CommitmentLoans and the Term Loans, and the amount assigned to the Eligible Assignee shall not be less than $10,000,000, unless the each of Administrative Agent and, so long as no Event of Default has occurred and is continuing, Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, provided that if, after giving effect concurrent assignments to such assignment, the amount members of the Commitment held by such assigning Lender an Assignee Group and concurrent assignments from members of an Assignee Group to a single Eligible Assignee (or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount to an Eligible Assignee and members of its Commitment and the Loans at the time owing to itAssignee Group) will be treated as a single assignment for purposes of determining whether such minimum amount has been met.

Appears in 2 contracts

Sources: Credit Agreement (STAG Industrial, Inc.), Credit Agreement (STAG Industrial, Inc.)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender▇▇▇▇▇▇’s Revolving Commitment and/or the Loans at the time owing to it, it (in each case with respect to any Credit Facility) or contemporaneous assignments to related Approved Funds (determined after giving effect to such assignments) that equal at least the amount specified in paragraph (b)(i)(B) of this Section in the aggregate or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection paragraph (A)b)(i)(A) of this Section, the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each case, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) shall not be less than (x) $5,000,000 5,000,000, in the case of any assignment in respect of a the Revolving CommitmentCredit Facility and (y) $1,000,000 in the case of any assignment in respect of the Initial Term Loans and, if applicable, any Incremental Term Loans, unless each of the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, provided that if, the Borrower shall be deemed to have given its consent ten (10) Business Days after giving effect the date written notice thereof has been delivered by the assigning Lender (through the Administrative Agent) unless such consent is expressly refused by the Borrower prior to such assignment, the amount of the Commitment held by such assigning Lender or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to it.tenth (10th) Business Day;

Appears in 2 contracts

Sources: Credit Agreement (Switch, Inc.), Credit Agreement (Switch, Inc.)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender▇▇▇▇▇▇’s Revolving Commitment and/or the Loans at the time owing to it, it (in each case with respect to any Credit Facility) or contemporaneous assignments to related Approved Funds (determined after giving effect to such assignments) that equal at least the amount specified in paragraph (b)(i)(B) of this Section in the aggregate or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection paragraph (A)b)(i)(A) of this Section, the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each case, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) shall not be less than $5,000,000 5,000,000, in the case of any assignment in respect of a the Revolving Commitment, Credit Facility unless each of the Administrative Agent and, so long as no Event of Default has occurred and is continuing, Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, provided that if, Borrower shall be deemed to have given its consent five (5) Business Days after giving effect the date written notice thereof has been delivered by the assigning Lender (through the Administrative Agent) unless such consent is expressly refused by Borrower prior to such assignment, the amount of the Commitment held by such assigning Lender or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to it.fifth (5th) Business Day;

Appears in 1 contract

Sources: Credit Agreement (Kforce Inc)

Minimum Amounts. (A) in the case of an assignment of the entire remaining amount of an the assigning Revolving Lender’s Revolving Commitment and/or and the Loans at the time owing to it, it or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and (B) in any case not described in the immediately preceding subsection (A)b)(i)(A) of this Section, the aggregate amount of the Revolving Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each caseassignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date) , shall not be less than (1) $5,000,000 in the case of any an assignment of a Revolving CommitmentLoans, (2) $5,000,000 in the case of an assignment of any Incremental Term Loans and (3) $5,000,000 in the case of an assignment in respect of the Foreign Trade Facility unless each of the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Parent Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, that if, after giving effect concurrent assignments to such assignment, the amount members of the Commitment held by such assigning Lender an Assignee Group and concurrent assignments from members of an Assignee Group to a single Eligible Assignee (or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount to an Eligible Assignee and members of its Commitment and the Loans at the time owing to it.Assignee Group) will be treated as a single assignment for purposes of determining whether such minimum amount has been met;

Appears in 1 contract

Sources: Credit Agreement (SPX Corp)

Minimum Amounts. (A) in In the case of an assignment of the entire remaining amount of an the assigning Revolving Lender▇▇▇▇▇▇’s Revolving Lender Commitment and/or and the Loans at the time owing to it, it or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and and (B) in any case not described in the immediately preceding subsection subclause (A)) above, the aggregate amount of the Revolving Lender Commitment (which for this purpose includes Loans outstanding thereunder) or, if the applicable Revolving Lender Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment (in each caseassignment, determined as of the date the Assignment and Assumption Agreement with respect to such assignment is delivered to the Administrative Agent or, if the “Trade Date” is specified in the Assignment and AssumptionAssumption Agreement, as of the such - 130 - “Trade Date) ”, shall not be less than $5,000,000 (and shall be in the case an integral multiple of $500,000), and, after giving effect to such assignment, no Lender shall hold a Lender Commitment of less than $5,000,000 (unless such Lender no longer holds any Lender Commitment); provided, however that concurrent assignments to members of an Assignee Group and concurrent assignments from members of an Assignee Group to a single Assignee (or to an Assignee and members of its Assignee Group) will be treated as a single assignment for purposes of a Revolving Commitmentdetermining whether such minimum amount has been met, unless each of the Administrative Agent and, so long as no Event of Default has occurred and is continuing, and the Borrower otherwise consents (each such consent not to be unreasonably withheld or delayed); provided, however, provided that if, the Borrower shall be deemed to have given its consent ten (10) Business Days after giving effect the date written notice thereof has been delivered by the assigning Lender (through the Administrative Agent) unless such consent is expressly refused by the Borrower in a written notice to the Administrative Agent received prior to such assignment, the amount of the Commitment held by such assigning Lender or the outstanding principal balance of the Loans of such assigning Lender, as applicable, would be less than $5,000,000 in the case of a Commitment or Revolving Loans, then such assigning Lender shall assign the entire amount of its Commitment and the Loans at the time owing to ittenth (10th) Business Day.

Appears in 1 contract

Sources: Revolving Credit Agreement (Overland Advantage)