Common use of Removal of Banks Clause in Contracts

Removal of Banks. The Company shall be permitted, from time to time in its discretion, to remove Banks from this Agreement and to reduce the Aggregate Commitment; provided, that (i) the Aggregate Commitment may not be reduced below $350,000,000 as a result of removal of one or more Banks from this Agreement pursuant to this Section, (ii) after giving effect to such removal, no Bank shall have a Commitment hereunder which exceeds an amount equal to 20% of the Aggregate Commitment, and (iii) a Bank may not be removed from this Agreement at any time a Default or an Event of Default exists and remains uncured or unwaived under this Agreement. If the Company elects to terminate the Commitment of a Bank, it shall give not less than 30 days written notice to the Administrative Agent and such Bank. On the effective date of such termination, the Company shall pay to the Administrative Agent, for the account of such Bank, in immediately available funds, an amount equal to all Accommodations Outstanding and other amounts (including accrued interest and fees) owing to such Bank plus the amounts, if any, owing to such Bank under Section 2.13, Section 2.14, Section 2.15, and Section 10.5. Notwithstanding the removal of any Bank pursuant to this Section, such Bank shall continue to have all such rights as would survive the termination of this Agreement under Section 2.13, Section 2.14, Section 2.15 and Section 10.5.

Removal of Banks. The Company shall be permitted, from time to time in its discretion, to remove Banks from this Agreement and to reduce the Aggregate Commitment and the Aggregate Facilities Commitment; provided, that (ia) the Aggregate Facilities Commitment may not be reduced below $350,000,000 5,000,000,000 as a result of removal of one or more Banks from this Agreement pursuant to this Section, (iib) after giving effect to such removal, no Bank shall have a Commitment hereunder which exceeds an amount equal to 20% of the Aggregate Commitment, Commitment and (iiic) a Bank may not be removed from this Agreement at any time a Default or an Event of Default exists and remains uncured or unwaived under this Agreement. If the Company elects to terminate the Commitment of a Bank, it shall give not less than 30 days written notice to the Administrative Agent and such Bank. On the effective date of such termination, the Company shall pay to the Administrative Agent, for the account of such Bank, in immediately available funds, an amount equal to all Accommodations Outstanding Loans and other amounts (including accrued interest and fees) owing to such Bank plus the amounts, if any, owing to such Bank under Section 2.13subsections 2.18, Section 2.142.19, Section 2.15, 2.20 and Section 10.59.5. Notwithstanding the removal of any Bank pursuant to this Sectionsubsection, such Bank shall continue to have all such rights as would survive the termination of this Agreement under Section 2.13subsections 2.18, Section 2.142.19, Section 2.15 2.20 and Section 10.59.5.

Removal of Banks. The Company shall be permitted, from time to time in its discretion, to remove Banks from this Agreement and to reduce the Aggregate Commitment; provided, that (ia) the Aggregate Commitment may not be reduced below $350,000,000 500,000,000 as a result of removal of one or more Banks from this Agreement pursuant to this Section, (iib) after giving effect to such removal, no Bank shall have a Commitment hereunder which exceeds an amount equal to 20% of the Aggregate Commitment, Commitment and (iiic) a Bank may not be removed from this Agreement at any time a Default or an Event of Default exists and remains uncured or unwaived under this Agreement. If the Company elects to terminate the Commitment of a Bank, it shall give not less than 30 days written notice to the Administrative Agent and such Bank. On the effective date of such termination, the Company shall pay to the Administrative Agent, for the account of such Bank, in immediately available funds, an amount equal to all Accommodations Outstanding Loans and other amounts (including accrued interest and fees) owing to such Bank plus the amounts, if any, owing to such Bank under Section 2.13subsections 2.17, Section 2.142.18, Section 2.15, 2.19 and Section 10.59.5. Notwithstanding the removal of any Bank pursuant to this Sectionsubsection, such Bank shall continue to have all such rights as would survive the termination of this Agreement under Section 2.13subsections 2.17, Section 2.142.18, Section 2.15 2.19 and Section 10.59.5.

Removal of Banks. The Company shall be permitted, from time to time in its discretion, to remove Banks from this Agreement and to reduce the Aggregate Commitment and the Aggregate Facilities Commitment; providedPROVIDED, that (ia) the Aggregate Facilities Commitment may not be reduced below $350,000,000 5,000,000,000 as a result of removal of one or more Banks from this Agreement pursuant to this Section, (iib) after giving effect to such removal, no Bank shall have a Commitment hereunder which exceeds an amount equal to 20% of the Aggregate Commitment, Commitment and (iiic) a Bank may not be removed from this Agreement at any time a Default or an Event of Default exists and remains uncured or unwaived under this Agreement. If the Company elects to terminate the Commitment of a Bank, it shall give not less than 30 days written notice to the Administrative Agent and such Bank. On the effective date of such termination, the Company shall pay to the Administrative Agent, for the account of such Bank, in immediately available funds, an amount equal to all Accommodations Outstanding Loans and other amounts (including accrued interest and fees) owing to such Bank plus the amounts, if any, owing to such Bank under Section 2.13subsections 2.18, Section 2.142.19, Section 2.15, 2.20 and Section 10.59.5. Notwithstanding the removal of any Bank pursuant to this Sectionsubsection, such Bank shall continue to have all such rights as would survive the termination of this Agreement under Section 2.13subsections 2.18, Section 2.142.19, Section 2.15 2.20 and Section 10.59.5.

Removal of Banks. The Company shall be permitted, from time to time in its discretion, to remove Banks from this Agreement and to reduce the Aggregate Commitment; provided, that (ia) the Aggregate Commitment may not be reduced below $350,000,000 1,000,000,000 as a result of removal of one or more Banks from this Agreement pursuant to this Section, (iib) after giving effect to such removal, no Bank shall have a Commitment hereunder which exceeds an amount equal to 20% of the Aggregate Commitment, Commitment and (iiic) a Bank may not be removed from this Agreement at any time a Default or an Event of Default exists and remains uncured or unwaived under this Agreement. If the Company elects to terminate the Commitment of a Bank, it shall give not less than 30 days written notice to the Administrative Agent and such Bank. On the effective date of such termination, the Company shall pay to the Administrative Agent, for the account of such Bank, in immediately available funds, an amount equal to all Accommodations Outstanding Loans and other amounts (including accrued interest and fees) owing to such Bank plus the amounts, if any, owing to such Bank under Section 2.13subsections 2.18, Section 2.142.19, Section 2.15, 2.20 and Section 10.59.5. Notwithstanding the removal of any Bank pursuant to this Sectionsubsection, such Bank shall continue to have all such rights as would survive the termination of this Agreement under Section 2.13subsections 2.18, Section 2.142.19, Section 2.15 2.20 and Section 10.59.5.

Removal of Banks. The Company shall be permitted, from time to time in its discretion, to remove Banks from this Agreement and to reduce the Aggregate Commitment; provided, that (ia) the Aggregate Commitment may not be reduced below $350,000,000 1,000,000,000 as a result of removal of one or more Banks from this Agreement pursuant to this Section, (iib) after giving effect to such removal, no Bank shall have a Commitment hereunder which exceeds an amount equal to 20% of the Aggregate Commitment, Commitment and (iiic) a Bank may not be removed from this Agreement at any time a Default or an Event of Default exists and remains uncured or unwaived under this Agreement. If the Company elects to terminate the Commitment of a Bank, it shall give not less than 30 days written notice to the Administrative Agent and such Bank. On the effective date of such termination, the Company shall pay to the Administrative Agent, for the account of such Bank, in immediately available funds, an amount equal to all Accommodations Outstanding Loans and other amounts (including accrued interest and fees) owing to such Bank plus the amounts, if any, owing to such Bank under Section 2.13subsections 2.18, Section 2.142.19, Section 2.15, 2.20 and Section 10.5. Notwithstanding the removal of any Bank pursuant to this Sectionsubsection, such Bank shall continue to have all such rights as would survive the termination of this Agreement under Section 2.13subsections 2.18, Section 2.142.19, Section 2.15 2.20 and Section 10.5.