TERMINATION OR ASSIGNMENT OF COMMITMENTS. The Borrower shall have the right (in addition to its rights pursuant to Sections 2.11(b), 2.11(e), 2.13, 2.14, 2.17 and 9.05), at its own expense, at any time upon notice to any Lender and the Agent, (i) to terminate the Commitment of such Lender (with or without, at Borrower's sole election, replacing such terminated Commitment) or (ii) to require such Lender to transfer and assign without recourse all its interests, rights and obligations under this Agreement to another financial institution reasonably acceptable to the Agent which shall assume such obligations; PROVIDED that (x) no such assignment shall conflict with any law, rule or regulation or order of any Governmental Body applicable to such affected Lender and (y) the Borrower or the assignee, as the case may be, shall pay to the affected Lender in immediately available funds on the effective date of such termination or assignment the principal of and interest accrued to the date of payment on the Loans made by it hereunder then outstanding and accrued and unpaid Facility Fee and Utilization Fee and any amounts which Borrower had theretofore been notified were accruing in respect of such Loans under Section 2.13, which payments shall not be subject to the provisions of Section 2.15.
Appears in 2 contracts
Sources: Credit Agreement (Goodyear Tire & Rubber Co /Oh/), 364 Day Revolving Credit Agreement (Goodyear Tire & Rubber Co /Oh/)
TERMINATION OR ASSIGNMENT OF COMMITMENTS. The Borrower shall have the right (in addition to its rights pursuant to Sections 2.11(b), 2.11(e), 2.13, 2.14, 2.17 and 9.05), at its own expense, at any time upon notice to any Lender and the Agent, (i) to terminate the Commitment of such Lender (with or without, at Borrower's sole election, replacing such terminated Commitment) or (ii) to require such Lender to transfer and assign without recourse all its interests, rights and obligations under this Agreement to another financial institution reasonably acceptable to the Agent which shall assume such obligations; PROVIDED that (x) no such assignment shall conflict with any law, rule or regulation or order of any Governmental Body applicable to such affected Lender and (y) the Borrower or the assignee, as the case may be, shall pay to the affected Lender in immediately available funds on the effective date of such termination or assignment the principal of and interest accrued to the date of payment on the Loans made by it hereunder then outstanding and accrued and unpaid Facility Fee Fees and Utilization Fee Fees and any amounts which Borrower had theretofore been notified were accruing in respect of such Loans under Section 2.13, which payments shall not be subject to the provisions of Section 2.15.
Appears in 1 contract
Sources: 364 Day Revolving Credit Agreement (Goodyear Tire & Rubber Co /Oh/)
TERMINATION OR ASSIGNMENT OF COMMITMENTS. The Borrower shall have the right (in addition to its rights pursuant to Sections 2.11(b), 2.11(e), 2.13, 2.14, 2.17 and 9.05), at its own expense, at any time upon notice to any Lender and the Agent, (i) to terminate the Commitment of such Lender (with or without, at Borrower's sole election, replacing such terminated Commitment) or (ii) to require such Lender to transfer and assign without recourse all its interests, rights and obligations under this Agreement to another financial institution reasonably acceptable to the Agent which shall assume such obligations; PROVIDED that (x) no such assignment shall conflict with any law, rule or regulation or order of any Governmental Body applicable to such affected Lender and (y) the Borrower or the assignee, as the case may be, shall pay to the affected Lender in immediately available funds on the effective date of such termination or assignment the principal of and interest accrued to the date of payment on the Loans made by it hereunder then outstanding and accrued and unpaid Facility Fee and Utilization Fee and any amounts which Borrower had theretofore been notified were accruing in respect of such Loans under Section 2.13, which payments shall not be subject to the provisions of Section 2.15.
Appears in 1 contract
Sources: Five Year Revolving Credit Agreement (Goodyear Tire & Rubber Co /Oh/)
TERMINATION OR ASSIGNMENT OF COMMITMENTS. The Borrower shall have the right (in addition to its rights pursuant to Sections 2.11(b), 2.11(e), 2.13, 2.14, 2.17 and 9.05), at its own expense, at any time upon notice to any Lender and the Agent, (i) to terminate the Commitment of such Lender (with or without, at Borrower's sole election, replacing such terminated Commitment) or (ii) to require such Lender to transfer and assign without recourse all its interests, rights and obligations under this Agreement to another financial institution reasonably acceptable to the Agent which shall assume such obligations; PROVIDED that (x) no such assignment shall conflict with any law, rule or regulation or order of any Governmental Body applicable to such affected Lender and (y) the Borrower or the assignee, as the case may be, shall pay to the affected Lender in immediately available funds on the effective date of such termination or assignment the principal of and interest accrued to the date of payment on the Loans made by it hereunder then outstanding and accrued and unpaid Facility Fee Fees and Utilization Fee Fees and any amounts which Borrower had theretofore been notified were accruing in respect of such Loans under Section 2.13, which payments shall not be subject to the provisions of Section 2.15.
Appears in 1 contract
Sources: Five Year Revolving Credit Agreement (Goodyear Tire & Rubber Co /Oh/)