Required Banks Sample Clauses

Required Banks. At any time, ▇▇▇▇▇ holding at least 51% of the sum of (a) the Total Revolving Credit Exposures of all Revolving Credit Banks and (b) the Incremental Term Loan Facilities, if any. The Total Credit Exposure of any Delinquent Bank shall be disregarded in determining Required Banks at any time; provided that, the amount of any Revolving Credit Loan made pursuant to §3.3(a) that such Delinquent Bank has failed to fund that has not been reallocated to and funded by another Bank shall be deemed to be held by the Bank that is the Fronting Bank with respect to such unfunded amount, as the case may be, in making such determination.

Required Banks. Pursuant to Section 9.05 of the Agreement, the Agreement may be modified as provided in this Amendment with the agreement of the Required Banks which means Banks having more than fifty percent (50%) of the Commitments, or if the Commitments have been terminated, Banks with Committed Exposure of more than fifty percent (50%) of the aggregate Committed Exposure (such percentage applicable to a Bank, herein such Bank’s “Required Bank Percentage”). For purposes of determining the effectiveness of this Amendment, each Bank’s Required Bank Percentage is set forth on Schedule 4.13 hereto. Executed as of the date first written above. ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, INC., as the Borrower By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Senior Vice President, Finance & Corporate Development JPMORGAN CHASE BANK, N.A. (formerly JPMorgan Chase Bank), individually as a Bank, an Issuing Bank and as Administrative Agent By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇, Authorized Officer FIRST AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT, Page 9 BANK OF AMERICA, N.A. (successor in interest by merger to Fleet National Bank), as Collateral Agent and a Bank By: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇, Vice President FIRST AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT, Page 10 OTHER BANKS: ▇▇▇▇▇ FARGO CAPITAL FINANCE, LLC (successor in interest to Wachovia Bank, National Association) By: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇, Senior Vice President FIRST AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT, Page 11 PNC BANK, NATIONAL ASSOCIATION (successor in interest to National City Business Credit, Inc.) By: /s/ ▇▇▇▇▇▇▇ Canon ▇▇▇▇▇▇▇ Canon, Vice President FIRST AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT, Page 12 By: /s/ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Vice-President FIRST AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT, Page 13 By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Senior Vice President By: /s/ ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, Corporate Banking Relationship Manager FIRST AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT, Page 14 By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇▇, Director FIRST AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT, Page 15

Required Banks. For the purposes of this Agreement, the term "Required Banks" shall mean Banks with aggregate Commitment Percentages equal to at least 66-2/3% of all Commitment Percentages.

Required Banks. As of any date, the Banks holding at least sixty-six and two-thirds percent (66-2/3%) of the Outstanding principal amount of the Notes on such date; and if no such principal is outstanding, the Banks whose aggregate Commitment Percentages constitute at least sixty-six and two-thirds percent (66-2/3%) of the Total Commitment, in each case including FNBB in its capacity as a Bank.

Required Banks. Any two or more Banks whose aggregate Commitment Percentages constitute at least 75.0% at the relevant time of reference, or if the Commitments have been terminated, any two or more Banks whose aggregate Loans and Letters of Credit outstanding constitute at least 75.0% of the aggregate Loans and Letters of Credit outstanding at the relevant time of reference. Reserve Percentage. For any Interest Period, the rate (expressed as a decimal) applicable to the Administrative Agent during such Interest Period under regulations issued from time to time by the Board of Governors of the Federal Reserve System for determining the maximum reserve requirement (including, without limitation, any basic, supplemental, emergency or marginal reserve requirement) of the Administrative Agent with respect to "Eurocurrency liabilities" as that term is defined under such regulations.

Required Banks. Unless the Administrative Agent has received actual notice from any Bank that the conditions described in clause (ii) of the preceding sentence have not been met to its satisfaction, upon the satisfaction of the condition described in clause (i) of the immediately preceding sentence and upon the Administrative Agent's good faith determination that the conditions described in clause (ii) of the immediately preceding sentence have been met, then the Effective Date shall have deemed to have occurred, regardless of any subsequent determination that one or more of the conditions thereto had not been met (although the occurrence of the Effective Date shall not release the Borrower from any liability for failure to satisfy one or more of the applicable conditions contained in Section 4). The Administrative Agent will give Holdings, the Borrower and each Bank prompt written notice of the occurrence of the Effective Date.

Required Banks. Holdings and the Borrower shall cause each such Domestic Wholly-Owned Subsidiary, at its own expense, to execute, acknowledge and deliver, or cause the execution, acknowledgement and delivery of, and thereafter register, file or record in any appropriate governmental office, any document or instrument reasonably deemed by the Collateral Agent to be necessary or desirable for the creation and perfection of the foregoing Liens. Holdings and the Borrower will cause each of such Domestic Wholly-Owned Subsidiaries to take all actions reasonably requested by the Administrative Agent (including, without limitation, the filing of UCC-1's) in connection with the granting of such security interests.

Required Banks. 57 12.7 Action Upon Occurrence of an Event of Default..................................................58 12.8 Indemnification................................................................................58 12.9 Agent's Rights as a Bank.......................................................................58 12.10

Required Banks determine (which determination shall be conclusive absent manifest error) and notify the Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Rate" in Section 1.1 hereof on the basis of which the rate of interest for such Loans for such Interest Period is to be determined do not accurately reflect the cost to the Banks of making or maintaining such Loans for such Interest Period; then the Agent shall give BORROWER prompt notice thereof and, so long as such condition remains in effect, the Banks shall be under no obligation to make Eurodollar Loans or to Convert ABR Loans into Eurodollar Loans and BORROWER shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into ABR Loans in accordance with the terms of this Agreement.