Most Favored Lender Provision. If at any time the Bank Credit Agreement or any Note Purchase Agreement or any guaranty in respect of any thereof (an “MFL Agreement”) shall include any Financial Covenant and such provision (a) is different from the subject matter of the financial covenants in Section 10 or the related definitions in Schedule B, or (b) is similar to the subject matter of any financial covenant in Section 10 and related definitions in Schedule B, but contains one or more percentages, amounts, ratios or formulas that is more restrictive than those set forth herein or more beneficial to the lender(s) and/or holder(s) under such MFL Agreement (any such provision, together with any related definitions (including, any term defined therein with reference to the application of GAAP, as identified in such MFL Agreement), an “Additional or More Restrictive Covenant”; provided that, in the case of the foregoing clause (b), such covenant or similar restriction shall be deemed an Additional or More Restrictive Covenant only to the extent that it is more restrictive or more beneficial), then the Company shall promptly, and in any event within 10 Business Days thereof, provide a Most Favored Lender Notice to each holder of the Notes with respect to each such Additional or More Restrictive Covenant. Thereupon, unless waived in writing by the Required Holders within 10 Business Days of the holders’ receipt of such notice, such Additional or More Restrictive Covenant shall be deemed incorporated by reference into this Agreement, mutatis mutandis, as if set forth fully herein, effective as of the date when such Additional or More Restrictive Covenant became effective under the relevant MFL Agreement. Any Additional or More Restrictive Covenant incorporated into this Agreement pursuant to this provision, (1) shall remain unchanged herein notwithstanding any temporary waiver of such Additional or More Restricted Covenant under the relevant MFL Agreement, (2) shall be deemed automatically amended herein to reflect any subsequent amendments agreed and implemented in relation to such Additional or More Restrictive Covenant under the relevant MFL Agreement and (3) shall be deemed deleted from this Agreement at such time as such Additional or More Restrictive Covenant is deleted or otherwise removed from or is no longer in effect under or pursuant to the relevant MFL Agreement or if the relevant MFL Agreement has been terminated and has no Indebtedness or commitments outstanding thereunder; provid...
Most Favored Lender Provision. (a) If at any time any Material Credit Facility contains a financial covenant, covenant regarding restricted payments or limitations on investments in Unrestricted Entities, covenant regarding restrictions or limitations on the Warehouse Line or a more restrictive threshold for a Change of Control, which is not contained in this Agreement, or a covenant or definition that is contained in this Agreement in Sections 10.6, 10.8 and 10.9 or Schedule B related to the foregoing, which would in any respect be more beneficial to the holders of Notes than the covenants or definitions with respect thereto set forth in this Agreement (any such provision, a “More Favorable Covenant”), then the Obligors shall provide a Most Favored Lender Notice (except as contemplated by Section 10.10(e)) in respect of such More Favorable Covenant. Thereupon, and regardless of whether the Company provides timely notice, such More Favorable Covenant shall be deemed automatically incorporated by reference into Section 10 of this Agreement, mutatis mutandis, as if set forth in full herein, effective as of the date when such More Favorable Covenant shall have become effective under any Material Credit Facility. Thereafter, upon the request of any holder of a Note, the Obligors shall enter into any additional agreement or amendment to this Agreement reasonably requested by such holder evidencing any of the foregoing.
Most Favored Lender Provision. (a) If during any MFL Activation Period the Company or any other Subject Entity becomes or is liable directly or by way of a guarantee for any Indebtedness outstanding under any Debt Facility that shall contain any financial covenant that requires a debt to tangible net worth, debt to EBITDA or other financial ratio to be adhered to by any Subject Entity or requires any Subject Entity to maintain tangible net worth or other measure of financial performance or condition at specified levels that is not contained in this Agreement in substantially equivalent form or is more restrictive on the Company or such other Subject Entity or would be more beneficial to the holders of the Notes than the analogous covenant set forth in this Agreement (any such covenant, an “Additional Covenant”), then, unless waived by the Required Holders as provided in Section 9.10(b), such Additional Covenant (including any necessary corresponding definitions) shall be deemed automatically incorporated into this Agreement, mutatis mutandis, as if set forth fully herein, without any further action required on the part of any Person, effective as of the date when such Additional Covenant became effective under such Debt Facility. Any Additional Covenants that are to become incorporated into this Agreement as of the date of Closing are set forth in Schedule 9.10.
Most Favored Lender Provision. (a) If the Borrower or any of its Subsidiaries shall (i) enter into any new bank loan facility with an aggregate principal amount in excess of $25,000,000 or (ii) modify, amend or refinance any bank loan facility with an aggregate principal amount in excess of $25,000,000 existing on the Closing Date, in either case with an “all-in yield” that is higher than the “all-in yield” for the Term Loan by more than 25 basis points, then the Applicable Rate for the Term Loan shall be automatically increased to the extent necessary so that the “all-in yield” of the Term Loan is equal to the “all-in yield” for such bank loan facility minus 25 basis points. For purposes hereof, the term “all-in yield” shall include all (A) interest rate margins, (B) facility or similar fees and (C) the effect of any and all interest rate floors.
Most Favored Lender Provision. (a) If the Company shall enter into an amendment of or waiver to, or other agreement or arrangement supplemental to, the LGE New Restructured Senior Note Documents which shall provide for any Additional Covenants or Additional Defaults, then such Additional Covenants or Additional Defaults shall be deemed to have been incorporated herein as if fully set forth herein with such changes as may be necessary to make such Additional Covenants or Additional Defaults applicable to this Indenture without any further requirement for notice or action on the part of the Company or any holder of Debentures. For purposes of this paragraph (a),
Most Favored Lender Provision. No agreement with respect to any Indebtedness for borrowed money of Borrower or its Subsidiaries with an original maturity of five (5) years or less includes a Most Favored Lender Provision.
Most Favored Lender Provision. Section 14 is amended by adding the following Section 14.16 in proper numerical sequence:
Most Favored Lender Provision. (a) If at any time the Bank Credit Agreement contains (including by way of amendment or other modification of any provision thereof) (1) any financial covenant that relates specifically to one or more numerical measures of the financial condition, performance or results of operations of the Company or the Company and its Subsidiaries on a consolidated basis (however expressed and whether stated as a ratio, a percentage, a formula, a fixed threshold, an event of default or otherwise), (2) any covenant that limits the creation, incurrence, assumption or existence of any Liens by the Company or any Subsidiary in respect of its property, assets or revenues or (3) any covenant that limits the sale, transfer, license, lease or other disposition of any property by the Company or any Subsidiary, and, in any case, such covenant is not contained in this Agreement or would be more beneficial to the holders of the Notes than any analogous covenant contained in this Agreement or previously incorporated into this Agreement pursuant to this Section 9.8 (any such covenant, a “More Favorable Covenant”), then (i) a Senior Financial Officer shall promptly (but in any event within five Business Days from the occurrence thereof) provide written notice thereof to the holders of Notes, which notice shall refer specifically to this Section 9.8, describe in reasonable detail the More Favorable Covenant and the relevant ratios or thresholds contained therein and include a copy of the executed agreement containing the More Favorable Covenant (provided that no such notice is required to be delivered with respect to the More Favorable Covenants contained in Section 7.01 (Liens), Section 7.04 (Fundamental Changes) and Section 7.05 (Dispositions) that exist in the Bank Credit Agreement as of March 3, 2014), and (ii) whether or not the Company provides such notice, such More Favorable Covenant shall be deemed automatically incorporated by reference into this Agreement, mutatis mutandis, as if set forth fully herein, without any further action required on the part of any Person, effective as of the date when such More Favorable Covenant became effective under the Bank Credit Agreement.
Most Favored Lender Provision. (i) If the Borrower shall, within thirty (30) days after the Closing Date, (A) enter into any new Bank Loan Facility with an aggregate principal amount in excess of $100,000,000 or (B) modify, amend or refinance any Bank Loan Facility with an aggregate principal amount in excess of $100,000,000 existing on the Closing Date, in either case with an “all-in yield” that is higher than the “all-in yield” for the Loans, then the Applicable Margin for the Loans shall be automatically increased to the extent necessary so that the “all-in yield” of the Loans is equal to the “all-in yield” for such Bank Loan Facility. For purposes hereof, the term “all-in yield” shall include all (x) interest rate margins, (y) facility or similar fees and (z) the effect of any and all interest rate floors.
Most Favored Lender Provision. (i) If the Borrower shall, within thirtyninety (3090) days after the Closing Date, (A) enter into any new Bank Loan Facility with an aggregate principal amount in excess of $100,000,000 and a tenor of 364 days or fewer or (B) modify, amend or refinance any Bank Loan Facility with an aggregate principal amount in excess of $100,000,000 and a tenor of 364 days or fewer existing on the Closing Date, in either case with an “all-in yield” that is higher than the “all-in yield” for the Loans, then the Applicable Margin for the Loans shall be automatically increased to the extent necessary so that the “all-in yield” of the Loans is equal to the “all-in yield” for such Bank Loan Facility. For purposes hereof, the term “all-in yield” shall include all (x) interest rate margins, (y) facility or similar fees and (z) the effect of any and all interest rate floors.
