Substitution of Banks. Upon the receipt by the Company from any Bank (an "Affected Bank") of a claim for compensation pursuant to Sections 3.01, 3.02 or 3.03, the Company may: (i) request one or more of the other Banks to acquire and assume all or part of such Affected Bank's Loans and Commitments but no Bank shall be required to do so; or (ii) designate an Eligible Assignee satisfactory to the Company and the Agent to acquire and assume all or part of such Affected Bank's Loans and Commitments (a "Replacement Bank"). Any such designation of a Replacement Bank under clause (ii) shall be subject to the prior written consent of the Agent, and such Replacement Bank shall comply with Section 10.08 as if it were an Assignee.
Appears in 2 contracts
Samples: Credit Agreement (Ceridian Corp), Credit Agreement (Ceridian Corp)
Substitution of Banks. Upon the receipt by the Company from any Bank (an "“Affected Bank"”) of a claim for compensation pursuant to Sections 3.01, 3.02 or 3.03under Section 3.3, the Company may: (i) request the Affected Bank to use its best efforts to obtain a replacement bank or financial institution satisfactory to the Company to acquire and assume all or a ratable part of all of such Affected Bank’s Loans and Commitment (a “Replacement Bank”); (ii) request one or more of the other Banks to acquire and assume all or part of such Affected Bank's ’s Loans and Commitments but no Bank shall be required to do soCommitment; or (iiiii) designate an Eligible Assignee satisfactory to the Company and the Agent to acquire and assume all or part of such Affected Bank's Loans and Commitments (a "Replacement Bank"). Any such designation of a Replacement Bank under clause (iii) or (iii) shall be subject to the prior written consent of the Agent, and such Replacement Bank Agent (which consent shall comply with Section 10.08 as if it were an Assigneenot be unreasonably withheld).
Appears in 2 contracts
Samples: Credit Agreement (Marcus Corp), Credit Agreement (Marcus Corp)
Substitution of Banks. Upon the receipt by the Company from any Bank (an "Affected Bank") of a claim for compensation pursuant to Sections 3.01, 3.02 or 3.03under Section 3.3, the Company may: (i) request the Affected Bank to use its best efforts to obtain a replacement bank or financial institution satisfactory to the Company to acquire and assume all or a ratable part of all of such Affected Bank's Loans and Commitment (a "Replacement Bank"); (ii) request one or more of the other Banks to acquire and assume all or part of such Affected Bank's Loans and Commitments but no Bank shall be required to do soCommitment; or (iiiii) designate an Eligible Assignee satisfactory to the Company and the Agent to acquire and assume all or part of such Affected Bank's Loans and Commitments (a "Replacement Bank"). Any such designation of a Replacement Bank under clause (iii) or (iii) shall be subject to the prior written consent of the Agent, and such Replacement Bank Agent (which consent shall comply with Section 10.08 as if it were an Assignee.not be unreasonably withheld)
Appears in 2 contracts
Samples: Credit Agreement (Marcus Corp), Credit Agreement (Marcus Corp)
Substitution of Banks. Upon the receipt by the Company a Borrower from any Bank (an "Affected Bank") of a claim for compensation pursuant to Sections 3.01under Section 3.3, 3.02 or 3.03, the Company such Borrower may: (i) request the Affected Bank to use its best efforts to obtain a replacement bank or financial institution satisfactory to the Borrowers to acquire and assume all or a ratable part of all of such Affected Bank's Loans and Commitment (a "Replacement Bank"); (ii) request one or more of the other Banks to acquire and assume all or part of such Affected Bank's Loans and Commitments but no Bank shall be required to do soCommitment; or (iiiii) designate an Eligible Assignee satisfactory to the Company and the Agent to acquire and assume all or part of such Affected Bank's Loans and Commitments (a "Replacement Bank"). Any such designation of a Replacement Bank under clause (iii) or (iii) shall be subject to the prior written consent of the Agent, and such Replacement Bank Agent (which consent shall comply with Section 10.08 as if it were an Assigneenot be unreasonably withheld).
Appears in 2 contracts
Samples: Term Credit Agreement (Schawk Inc), Multicurrency Credit Agreement (Schawk Inc)
Substitution of Banks. Upon the receipt by the Company from any Bank (an "Affected Bank") of a claim for compensation pursuant to Sections 3.01, 3.02 or 3.03under Section 3.3, the Company may: (i) request the Affected Bank to use its best efforts to obtain a replacement bank or financial institution satisfactory to the Company to acquire and assume all or a ratable part of all of such Affected Bank's Loans and Commitment (a "Replacement Bank"); (ii) request one or more of the other Banks to acquire and assume all or part of such Affected Bank's Loans and Commitments but no Bank shall be required to do soCommitment; or (iiiii) designate an Eligible Assignee satisfactory to the Company and the Agent to acquire and assume all or part of such Affected Bank's Loans and Commitments (a "Replacement Bank"). Any such designation of a Replacement Bank under clause (iii) or (iii) shall be subject to the prior written consent of the Agent, and such Replacement Bank Agent (which consent shall comply with Section 10.08 as if it were an Assigneenot be unreasonably withheld).
Appears in 1 contract
Samples: Credit Agreement (Marcus Corp)
Substitution of Banks. Upon the receipt by the Company Borrower from any Bank (an "“Affected Bank"”) of a claim for compensation pursuant to Sections 3.014.3 or 4.6, 3.02 or 3.03, the Company Borrower may: (i) request the Affected Bank to use its best efforts to obtain a replacement bank or financial institution satisfactory to Borrower to acquire and assume all or part of such Affected Bank’s Loans and Commitment (a “Replacement Bank”), (ii) request one or more of the other Banks to acquire and assume all or part of such Affected Bank's ’s Loans and Commitments but no Bank shall be required to do so; Commitment or (iiiii) designate an Eligible Assignee satisfactory to the Company and the Agent to acquire and assume all or part of such Affected Bank's Loans and Commitments (a "Replacement Bank"). Any such designation of a Replacement Bank under clause (iii) or (iii) shall be subject to the prior written consent of the Agent, and such Replacement Bank Agent (which consent shall comply with Section 10.08 as if it were an Assigneenot be unreasonably withheld).
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Substitution of Banks. Upon the receipt by the Company from any Bank (an "Affected Bank") of a claim for compensation pursuant to Sections 3.01, 3.02 or 3.03under Section 3.3, the Company may: (i) request the Affected Bank to use its best efforts to obtain a replacement bank or financial institution satisfactory to the Company to acquire and assume all or a ratable part of all of such Affected Bank's Loans and Commitment (a "Replacement Bank"); (ii) request one or more of the other Banks to acquire and assume all or part of such Affected Bank's Loans and Commitments but no Bank shall be required to do soCommitment; or (iiiii) designate an Eligible Assignee satisfactory to the Company and the Agent to acquire and assume all or part of such Affected Bank's Loans and Commitments (a "Replacement Bank"). Any such designation of a Replacement Bank under clause (iii) or (iii) shall be subject to the prior written consent of the Agent, and such Replacement Bank Agent (which consent shall comply with Section 10.08 as if it were an Assignee.not be unreasonably withheld)
Appears in 1 contract
Samples: Credit Agreement (Marcus Corp)
Substitution of Banks. Upon the receipt by the Company from any Bank (an "Affected Bank") of a claim for compensation pursuant to Sections 3.01, 3.02 or under Section 3.03, the Company may: (i) request the Affected Bank to use its best efforts to obtain a replacement bank or financial institution satisfactory to the Company and to each Agent (a "Replacement Bank") to acquire and assume all or a ratable part of all of such Affected Bank's Loans and Commitment; (ii) request one or more of the other Banks to acquire and assume all or part of such Affected Bank's Loans and Commitments but no Bank shall be required to do soCommitment; or (iiiii) designate an Eligible Assignee satisfactory to the Company and the Agent to acquire and assume all or part of such Affected Bank's Loans and Commitments (a "Replacement Bank"). Any such designation of a Replacement Bank under clause (iii) or (iii) shall be subject to the prior written consent of the each Agent, and such Replacement Bank shall comply with Section 10.08 as if it were an Assignee.
Appears in 1 contract
Samples: Credit Agreement (R&b Falcon Corp)
Substitution of Banks. Upon the receipt by the Company from any Bank (an "Affected Bank") of a claim for compensation pursuant to Sections 3.01, 3.02 or 3.03under Section 3.3, the Company may: (i) request the Affected Bank to use its best efforts to obtain a replacement bank or financial institution satisfactory to the Company to acquire and assume all or a ratable part of all of such Affected Bank's Loans and Commitment (a "Replacement Bank"); (ii) request one or more of the other Banks to acquire and assume all or part of such Affected Bank's Loans and Commitments but no Bank shall be required to do soCommitment; or (iiiii) designate an Eligible Assignee satisfactory to the Company and the Agent to acquire and assume all or part of such Affected Bank's Loans and Commitments (a "Replacement Bank"). Any such designation of a Replacement Bank under clause (iii) or (iii) above shall be subject to the prior written consent of the Agent, and such Replacement Bank Agent (which consent shall comply with Section 10.08 as if it were an Assigneenot be unreasonably withheld).
Appears in 1 contract
Samples: Credit Agreement (National Surgery Centers Inc \De\)
Substitution of Banks. Upon the receipt by the Company from any Bank (an "Affected Bank") of a claim for compensation pursuant to Sections 3.01, 3.02 under Section 4.7 or 3.03Section 4.15, the Company may: (i) request the Affected Bank to use its best efforts to obtain a replacement bank or financial institution satisfactory to the Company to acquire and assume all or a ratable part of all of such Affected Bank's Loans and Commitment (a "Replacement Bank"); or (ii) request one or more of the other Banks to acquire and assume all or part of such Affected Bank's Loans and Commitments but no Bank shall be required to do soCommitment; or (iiiii) designate an Eligible Assignee satisfactory to the Company and the Agent to acquire and assume all or part of such Affected Bank's Loans and Commitments (a "Replacement Bank"). Any such designation of a Replacement Bank under clause (iii) or (iii) shall be subject to the prior written consent of the Agent, and such Replacement Bank Agent (which consent shall comply with Section 10.08 as if it were an Assigneenot be unreasonably withheld).
Appears in 1 contract
Samples: Credit Agreement (Pan Pacific Retail Properties Inc)
Substitution of Banks. Upon the receipt by the Company from any Bank (an "Affected Bank") of a claim for compensation pursuant to Sections 3.01, 3.02 or 3.03under Section 4.03, the Company may: (i) request the Affected Bank to use its best efforts to obtain a replacement bank or financial institution satisfactory to the Company to acquire and assume all or a ratable part of all of such Affected Bank's Loans and Commitment (a "Replacement Bank"); (ii) request one or more of the other Banks to acquire and assume all or part of such Affected Bank's Loans and Commitments but no Bank shall be required to do soCommitment; or (iiiii) designate an Eligible Assignee satisfactory to the Company and the Agent to acquire and assume all or part of such Affected Bank's Loans and Commitments (a "Replacement Bank"). Any such designation of a Replacement Bank under clause (iii) or (iii) shall be subject to the prior written consent of the Agent, and such Replacement Bank Agent (which consent shall comply with Section 10.08 as if it were an Assigneenot be unreasonably withheld).
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Substitution of Banks. Upon the receipt by the Company Borrowers from any Bank (an "Affected Bank") of a claim for compensation pursuant to Sections 3.01, 3.02 or 3.03under Section 4.3, the Company may: (i) request the Agent to use its best efforts to obtain a replacement bank or financial institution satisfactory to the Company to acquire and assume all or a ratable part of all of such Affected Bank's Loans and Commitment (a "Replacement Bank"); (ii) request one or more of the other Banks to acquire and assume all or part of such Affected Bank's Loans and Commitments but no Bank shall be required to do soCommitment; or (iiiii) designate an Eligible Assignee satisfactory to the Company and the Agent to acquire and assume all or part of such Affected Bank's Loans and Commitments (a "Replacement Bank"). Any such designation of a Replacement Bank under clause (iii) or (iii) shall be subject to the prior written consent of the Agent, and such Replacement Bank Agent (which consent shall comply with Section 10.08 as if it were an Assigneenot be unreasonably withheld).
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Substitution of Banks. Upon the receipt by the Company from any Bank (an "Affected Bank") of a claim for compensation pursuant to Sections 3.01, 3.02 or 3.03under Section 4.03, the Company may: (i) request the Affected Bank to use its best efforts to obtain a replacement bank or financial institution satisfactory to the Company to acquire and assume all or a ratable part of all of such Affected Bank's Loans and Commitment (a "Replacement Bank"); (ii) request one or more of the other Banks to acquire and assume all or part of such Affected Bank's Loans and Commitments but no Bank shall be required to do soCommitment; or (iiiii) designate an Eligible Assignee satisfactory to the Company and the Agent to acquire and assume all or part of such Affected Bank's Loans and Commitments (a "Replacement Bank"). Any such designation of a Replacement Bank under clause (iii) or (iii) shall be subject to the prior written consent of the Agent, and such Replacement Bank Agent (which consent shall comply with Section 10.08 as if it were an Assigneenot be unreasonably withheld).
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Substitution of Banks. Upon the receipt by the Company from any Bank (an "Affected Bank") of a claim for compensation pursuant to Sections 3.01, 3.02 or under Section 3.03, the Company may: (i) request the Affected Bank to use its best efforts to obtain a replacement bank or financial institution satisfactory to the Company and to the Agent (a "Replacement Bank") to acquire and assume all or a ratable part of all of such Affected Bank's Loans and Commitment, (ii) request one or more of the other Banks to acquire and assume all or part of such Affected Bank's Loans and Commitments but no Bank shall be required to do soCommitment; or (iiiii) designate an Eligible Assignee satisfactory to the Company and the Agent to acquire and assume all or part of such Affected Bank's Loans and Commitments (a "Replacement Bank"). Any such designation of a Replacement Bank under clause (iii) or (iii) shall be subject to the prior written consent of the Agent, and such Replacement Bank Agent (which consent shall comply with Section 10.08 as if it were an Assigneenot be unreasonably withheld).
Appears in 1 contract
Samples: Credit Agreement (Ns Group Inc)
Substitution of Banks. Upon the receipt by the Company from any Bank (an "Affected Bank") of a claim for compensation pursuant to Sections 3.01, 3.02 or under Section 3.03, the Company may: (i) request the Affected Bank to use its best efforts to obtain a replacement bank or financial institution satisfactory to the Company to acquire and assume all or a ratable part of all of such Affected Bank's Loans and Commitment (a "Replacement Bank"); (ii) request one or more of the other Banks to acquire and assume all or part of such Affected Bank's Loans and Commitments but no Bank shall be required to do soCommitment; or (iiiii) designate an Eligible Assignee satisfactory to the Company and the Agent to acquire and assume all or part of such Affected Bank's Loans and Commitments (a "Replacement Bank"). Any such designation of a Replacement Bank under clause (iii) or (iii) shall be subject to the prior written consent of the Agent, and such Replacement Bank Administrative Agent (which consent shall comply with Section 10.08 as if it were an Assigneenot be unreasonably withheld).
Appears in 1 contract
Substitution of Banks. Upon the receipt by the Company from any Bank (an "Affected Bank") of a claim for compensation pursuant to Sections 3.01under Section 3.1, 3.02 3.2 or 3.033.3, the Company may: (i) request the Affected Bank to use its best efforts to obtain a replacement bank or financial institution satisfactory to the Company to acquire and assume all or a ratable part of all of such Affected Bank's Loans and Commitment (a "Replacement Bank"); (ii) request one or more of the other Banks to acquire and assume all or part of such Affected Bank's Loans and Commitments but no Bank shall be required to do soCommitment; or (iiiii) designate an Eligible Assignee satisfactory to the Company and the Agent to acquire and assume all or part of such Affected Bank's Loans and Commitments (a "Replacement Bank"). Any such designation of a Replacement Bank under clause (iii) or (iii) shall be subject to the prior written consent of the Agent, and such Replacement Bank Agent (which consent shall comply with Section 10.08 as if it were an Assigneenot be unreasonably withheld or delayed).
Appears in 1 contract
Substitution of Banks. Upon the receipt by the Company from any Bank (an "Affected Bank") of a claim for compensation pursuant to Sections 3.01, 3.02 under Section 3.3 or 3.033.6, the Company may: (i) request the Affected Bank to use its best efforts to obtain a replacement bank or financial institution satisfactory to the Company and to the Agent (a "Replacement Bank") to acquire and assume all or a ratable part of all of such Affected Bank's Loans and Commitment; (ii) request one or more of the other Banks to acquire and assume all or part of such Affected Bank's Loans and Commitments but no Bank shall be required to do soCommitment; or (iiiii) designate an Eligible Assignee satisfactory to the Company and the Agent to acquire and assume all or part of such Affected Bank's Loans and Commitments (a "Replacement Bank"). Any such designation of a Replacement Bank under clause (iii) or (iii) shall be subject to the prior written consent of the Agent, and such Replacement Bank Agent (which consent shall comply with Section 10.08 as if it were an Assigneenot be unreasonably withheld).
Appears in 1 contract
Samples: Credit Agreement (Cd Radio Inc)
Substitution of Banks. Upon the receipt by the Company from any Bank (an "Affected Bank") of a claim for compensation pursuant to Sections 3.01, 3.02 or 3.03under Section 4.03, the Company may: (i) request the Affected Bank to use its best efforts to obtain a replacement bank or financial institution satisfactory to the Company to acquire and assume all or a ratable part of all of such Affected Bank's Loans and Commitment (a "Replacement Bank"); (ii) request one or more of the other Banks to acquire and assume all or part of such Affected Bank's Loans and Commitments but no Bank shall be required to do soCommitment; or (iiiii) designate an Eligible Assignee satisfactory to the Company and the Agent to acquire and assume all or part of such Affected Bank's Loans and Commitments (a "Replacement Bank"). Any such designation of a Replacement Bank under clause (iii) or (iii) shall be subject to the prior written consent of the Agent, and such Replacement Bank Agent (which consent shall comply with Section 10.08 as if it were an Assignee.not be unreasonably withheld). 4.08
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