Common use of Reverse Dutch Auction Repurchases Clause in Contracts

Reverse Dutch Auction Repurchases. (a) Notwithstanding anything to the contrary contained in this Credit Agreement or any other Loan Document, Holdings or any of its Subsidiaries may, at any time and from time to time, conduct reverse Dutch auctions in order to purchase Term Loans (each, an “Auction”) (each such Auction to be managed by an Auction Manager), so long as the following conditions are satisfied:

Appears in 5 contracts

Samples: Credit Agreement (Trinseo PLC), Credit Agreement (Trinseo S.A.), Credit Agreement (Trinseo S.A.)

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Reverse Dutch Auction Repurchases. (a) Notwithstanding anything to the contrary contained in this Credit Agreement or any other Loan Credit Document, Holdings or any of its Subsidiaries the Borrower may, at any time and from time to time, conduct reverse Dutch auctions in order to purchase Term Loans of a particular Tranche (each, an “Auction”) (each such Auction to be managed exclusively by Bank of America, N.A. (or an affiliate of Bank of America, N.A.) or another investment bank of recognized standing selected by the Borrower following consultation with the Administrative Agent (in such capacity, the “Auction Manager”)), so long as the following conditions are satisfied:

Appears in 4 contracts

Samples: Credit Agreement, Credit Agreement (OCI Partners LP), Security Agreement

Reverse Dutch Auction Repurchases. (a) Notwithstanding anything to the contrary contained in this Credit Agreement or any other Loan Document, Holdings or any of its Subsidiaries the Borrower may, at any time and from time to timetime after the Closing Date, conduct reverse Dutch auctions in order to purchase Term Loans with respect to any Term Facility (each, an “Auction”) (), each such Auction to be managed exclusively by an investment bank of recognized standing selected by the Borrower following consultation with the Administrative Agent in such capacity (the “Auction Manager), so long as the following conditions are satisfied:

Appears in 4 contracts

Samples: Credit Agreement (Vici Properties Inc.), Credit Agreement (MGM Growth Properties Operating Partnership LP), Credit Agreement (Vici Properties Inc.)

Reverse Dutch Auction Repurchases. (a) Notwithstanding anything to the contrary contained in this Credit Agreement or any other Loan Document, Holdings or any of its Subsidiaries may, at any time and The Borrower may from time to time, at its discretion, conduct modified reverse Dutch auctions in order to purchase Term Loans (each, an “Auction”) (), and with each such Auction to be managed exclusively by an investment bank of recognized standing selected by the Borrower (in such capacity, the “Auction Manager), so long as the following conditions are satisfied:

Appears in 3 contracts

Samples: Credit Agreement (Alere Inc.), Credit Agreement (GSE Holding, Inc.), Credit Agreement (Alere Inc.)

Reverse Dutch Auction Repurchases. (a) Notwithstanding anything to the contrary contained in this Credit Agreement or any other Loan Document, Holdings or any of its Subsidiaries The Borrower may, at any time and from time to timetime after the Closing Date, conduct reverse Dutch auctions as hereinafter described in order to purchase Term and retire Loans (each, an “Auction”) (each such Auction to be managed exclusively by an Auction Managerthe Agent), and such repurchases of Loans will not be deemed to be voluntary or mandatory payments or prepayments for purposes of §3.2, so long as the following conditions are satisfied:

Appears in 2 contracts

Samples: Secured Term Loan Agreement (First Potomac Realty Trust), Term Loan Agreement (First Potomac Realty Trust)

Reverse Dutch Auction Repurchases. (a) Notwithstanding anything to the contrary contained in this Credit Agreement or any other Loan DocumentAgreement, Holdings or any of its Subsidiaries may, the Borrower may at any time and from time to time, time conduct reverse Dutch auctions in order to purchase Term Loans (each, an “Auction”) (each such Auction to be managed exclusively by an X.X. Xxxxxx Securities LLC or another investment bank of recognized standing elected by the Borrower following consultation with the Administrative Agent (in such capacity, the “Auction Manager”)), so long as the following conditions are satisfied:

Appears in 2 contracts

Samples: Credit Agreement (Martin Marietta Materials Inc), Credit Agreement (Martin Marietta Materials Inc)

Reverse Dutch Auction Repurchases. (a) Notwithstanding anything to the contrary contained in this Credit Agreement or any other Loan Document, Holdings or any of its Subsidiaries the Borrowers may, at any time and from time to timetime after the Closing Date, conduct reverse Dutch auctions in order to purchase Term Loans (each, an “Auction”) (each such Auction to be managed exclusively by an the Administrative Agent or another investment bank of recognized standing selected by the Borrowers following consultation with the Administrative Agent (in such capacity, the “Auction Manager”)), so long as the following conditions are satisfied:

Appears in 2 contracts

Samples: Credit Agreement (Vince Holding Corp.), Credit Agreement (Apparel Holding Corp.)

Reverse Dutch Auction Repurchases. (a) Notwithstanding anything to the contrary contained in this Credit Agreement or any other Loan DocumentAgreement, Holdings or any of its Subsidiaries may, the Borrower may at any time and from time to time, time conduct reverse Dutch auctions in order to purchase Term Loans (each, an “Auction”) (each such Auction to be managed exclusively by an the Administrative Agent or another investment bank of recognized standing elected by the Borrower following consultation with the Administrative Agent (in such capacity, the “Auction Manager”)), so long as the following conditions are satisfied:

Appears in 2 contracts

Samples: Credit Agreement (Massey Energy Co), Credit Agreement (Alpha Natural Resources, Inc.)

Reverse Dutch Auction Repurchases. (a) Notwithstanding anything to the contrary contained in this Credit Agreement or any other Loan Document, Holdings or any of its Subsidiaries the Borrower may, at any time and from time to timetime after the Syndication Date, conduct reverse Dutch auctions in order to purchase Term Loans (each, an “Auction”) (each such Auction to be managed exclusively by an DBNY or another investment bank of recognized standing selected by the Borrower following consultation with the Administrative Agent (in such capacity, the “Auction Manager”)), so long as the following conditions are satisfied:

Appears in 2 contracts

Samples: Credit Agreement (Styron Canada ULC), Credit Agreement (Trinseo S.A.)

Reverse Dutch Auction Repurchases. (a) Notwithstanding anything to the contrary contained in this Credit Agreement or any other Loan DocumentAgreement, Holdings the Parent, the Borrower or any of its the Parent’s Subsidiaries may, may at any time and from time to time, conduct time purchase Term Loans by conducting reverse Dutch auctions in order to purchase Term Loans (each, an “Auction”) (each such Auction to be managed exclusively by an the Administrative Agent or another investment bank of recognized standing elected by the Borrower following consultation with the Administrative Agent in accordance with the Auction Procedures (in such capacity, the “Auction Manager”)), so long as the following conditions are satisfied:

Appears in 2 contracts

Samples: Senior Secured Term Loan Agreement (Paragon Offshore PLC), Term Loan Agreement (Paragon Offshore Ltd.)

Reverse Dutch Auction Repurchases. (a) Notwithstanding anything to the contrary contained in this Credit Agreement or any other Loan Credit Document, Holdings or any of its Subsidiaries the Lead Borrower may, at any time and from time to time, conduct reverse Dutch auctions in order to purchase Term Loans of a particular Tranche (each, an “Auction”) (each such Auction to be managed exclusively by an DBTCA or another investment bank of recognized standing selected by the Lead Borrower following consultation with the Administrative Agent (in such capacity, the “Auction Manager”)), so long as the following conditions are satisfied:

Appears in 1 contract

Samples: Term Loan Credit Agreement (Bway Intermediate Company, Inc.)

Reverse Dutch Auction Repurchases. (a) Notwithstanding anything to the contrary contained in this Credit Agreement or any other Loan Credit Document, Holdings or any of its Subsidiaries the Borrower may, at any time and from time to timetime after the Effective Date, conduct reverse Dutch auctions in order to purchase Term Loans (each, an “Auction”) (each such Auction to be managed exclusively by an BMO Capital Markets Corp. or another investment bank of recognized standing selected by the Borrower following consultation with the Administrative Agent (in such capacity, the “Auction Manager), ); so long as the following conditions are satisfied:

Appears in 1 contract

Samples: Credit Agreement (WESTMORELAND COAL Co)

Reverse Dutch Auction Repurchases. (a) Notwithstanding anything to the contrary contained in this Credit Agreement or any other Loan DocumentAgreement, Holdings or any of its Subsidiaries may, the Borrower may at any time and from time to time, time conduct reverse Dutch auctions in order to purchase Term B Loans under any Class (each, an “Auction”) (each such Auction to be managed exclusively by an the Administrative Agent or another investment bank of recognized standing elected by the Borrower following consultation with the Administrative Agent (in such capacity, the “Auction Manager”)), so long as the following conditions are satisfied:

Appears in 1 contract

Samples: Credit Agreement (Alpha Natural Resources, Inc.)

Reverse Dutch Auction Repurchases. (a) Notwithstanding anything to the contrary contained in this Credit Agreement or any other Loan Credit Document, Holdings or any of its Subsidiaries the Borrower may, at any time and from time to timetime after the after the occurrence of the Restatement Effective Date, conduct reverse Dutch auctions in order to purchase Term Loans (each, an “Auction”) (” and each such Auction to be managed exclusively by an investment bank of recognized standing selected by the Borrower following consultation with the Administrative Agent in such capacity, the “Auction Manager), so long as the following conditions are satisfied:

Appears in 1 contract

Samples: Credit Agreement (Pyramid Communication Services, Inc.)

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Reverse Dutch Auction Repurchases. (aA) Notwithstanding anything to the contrary contained in this Credit Agreement or any other Loan Document, Holdings or any of its Subsidiaries may, at any time and The Borrower may from time to time, at its discretion, conduct modified reverse Dutch auctions in order to purchase Term Loans (each, an “Auction”) (), and with each such Auction to be managed exclusively by an investment bank of recognized standing selected by the Borrower (in such capacity, the “Auction Manager), so long as the following conditions are satisfied:

Appears in 1 contract

Samples: Credit Agreement (GSE Holding, Inc.)

Reverse Dutch Auction Repurchases. (a) Notwithstanding anything to the contrary contained in this Credit Agreement or any other Loan Document, Holdings or any of its Subsidiaries the Top Borrower may, at any time and from time to timetime after the Closing Date, conduct reverse Dutch auctions in order to purchase Term Loans with respect to any Term Facility (each, an “Auction”) (), each such Auction to be managed exclusively by an investment bank of recognized standing selected by the Top Borrower following consultation with (but not subject to the approval of) the Administrative Agent in such capacity (the “Auction Manager), so long as the following conditions are satisfied:

Appears in 1 contract

Samples: Credit Agreement (Viad Corp)

Reverse Dutch Auction Repurchases. (a) Notwithstanding anything to the contrary contained in this Credit Agreement or any other Loan Credit Document, Holdings or any of its Subsidiaries the Borrower may, at any time and from time to timetime after the Initial Borrowing Date, conduct reverse Dutch auctions in order to purchase Term Loans (each, an “Auction”) (” and each such Auction to be managed exclusively by an investment bank of recognized standing selected by the Borrower following consultation with the Administrative Agent in such capacity, the “Auction Manager), so long as the following conditions are satisfied:

Appears in 1 contract

Samples: Credit Agreement (Semtech Corp)

Reverse Dutch Auction Repurchases. (a) Notwithstanding anything to the contrary contained in this Credit Agreement or any other Loan Document, Holdings or any of its Subsidiaries the Borrower may, at any time and from time to timetime after the Closing Date, conduct reverse Dutch auctions in order to purchase Term Loans (each, an “Auction”) (each such Auction to be managed exclusively by an the Administrative Agent or another investment bank of recognized standing selected by the Borrower following consultation with the Administrative Agent (in such capacity, the “Auction Manager”)), so long as the following conditions are satisfied:

Appears in 1 contract

Samples: Credit Agreement (Yankee Holding Corp.)

Reverse Dutch Auction Repurchases. (a) Notwithstanding anything to the contrary contained in this Credit Agreement or any other Loan Credit Document, Holdings or any of its Subsidiaries the Borrower may, at any time and from time to timetime after the occurrence of the Initial Borrowing Date, conduct reverse Dutch auctions in order to purchase Term Loans (each, an “Auction”) (” and each such Auction to be managed exclusively by an investment bank of recognized standing selected by the Borrower following consultation with the Administrative Agent, such investment bank in such capacity, the “Auction Manager), so long as the following conditions are satisfied:

Appears in 1 contract

Samples: Security Agreement (Town Sports International Holdings Inc)

Reverse Dutch Auction Repurchases. (al) Notwithstanding anything to the contrary contained in this Credit Agreement or any other Loan Credit Document, Holdings or any of its Subsidiaries the Borrower may, at any time and from time to time, conduct reverse Dutch auctions in order to purchase Term Loans of a particular Tranche (each, an “Auction”) (each such Auction to be managed exclusively by an MLPFS or another investment bank of recognized standing selected by the Borrower following consultation with the Administrative Agent (in such capacity, the “Auction Manager”)), so long as the following conditions are satisfied:

Appears in 1 contract

Samples: Security Agreement (Performance Sports Group Ltd.)

Reverse Dutch Auction Repurchases. (a) Notwithstanding anything to the contrary contained in this Credit Agreement or any other Loan Document, Holdings Borrower or any Affiliate of Borrower (other than Parent or any of its Subsidiaries other Subsidiaries) may, at any time and from time to timetime after the Closing Date, conduct reverse Dutch auctions in order to purchase Term Loans (each, an “Auction”) (” and each such Auction to be managed exclusively by an investment bank of recognized standing selected by Borrower or such Affiliate following consultation with Agent, in such capacity, the “Auction Manager), so long as the following conditions are satisfied:

Appears in 1 contract

Samples: Credit Agreement (Golden Nugget Online Gaming, Inc.)

Reverse Dutch Auction Repurchases. (a) Notwithstanding anything to the contrary contained in this Credit Agreement or any other Loan Document, Holdings or any of its Subsidiaries the Borrower may, at any time and from time to timetime after the Closing Date, conduct reverse Dutch auctions in order to purchase Term Loans with respect to any Term Facility (each, an “Auction”) (), each such Auction to be managed exclusively by an investment bank of recognized standing selected by the Borrower following consultation with (but not subject to the approval of) the Administrative Agent in such capacity (the “Auction Manager), so long as the following conditions are satisfied:

Appears in 1 contract

Samples: Credit Agreement (Viad Corp)

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