The Lenders. This Section sets forth the relative rights and duties of Agent and Lenders respecting the Loan and, with the exception of Paragraphs 9.3 and 9.15 hereof, does not confer any enforceable rights on Borrowers against Lenders or create on the part of Lenders any duties or obligations to Borrowers.
The Lenders. 17.2.1 Each of the Lenders is entitled at its exclusive discretion, to transfer its rights under the Credit Documents, in whole or in part, to Financial Institutions in Israel (a "Transferee"), on condition that the Transferee, as aforesaid, is subject to all components of the Credit (Loan A/Loan B/ Loan C and the Outstanding Renewed Amount) and the remaining cumulative unsettled balances of all credit (plus any Outstanding Renewed Amount or any of the Revised Outstanding Renewed Amount, as the case may be) immediately after the implementation of the transfer, both with the Transferor and the Transferee shall not fall below 12.5% of the balance of Cumulative unsettled balance of all the Credits plus the total unused amount of Credit C with each of the Lenders, as it will be at that time. The Borrower and the other Lenders will take all actions and sign all documents required to bring the transfer transaction as aforesaid into effect or to refine it, to release the transferring Lender from its transferred obligations and to transfer them to the Transferee or to bestow the transferred rights on the Transferee. It is hereby agreed that in any event where the Transferee is not a banking corporation in Israel, the Lenders will be entitled to implement the transfer transaction as aforesaid only after receiving the Borrower's prior written consent. For the purpose of this Section 17.2, "transfer" - the transfer of rights or obligations by a sale, check, endorsement, transfer or lien in any way whatsoever, either in whole or in part, either directly or indirectly (including by way of a sale of rights to participate in the above rights (participations) or in any other manner). The transfer can be made to one Transferee or to a number of Transferees, on the same date or from time to time. The transfer as aforesaid in this Section 17.2.1 above, shall not be implemented unless a prior written notice has been issued to the Borrower not less than 3 Business Days in advance and the Transferee has accepted the transferor's obligations under this Agreement.
The Lenders. The Lenders agree that their nominees will include two members of the existing PSC board and will include two members nominated by High River Limited Partnership ("High River") provided that High River and Lenders acting in concert with it beneficially own at least 25% of the Existing Syndicate Debt. If one or both of the nominees from the existing board is a nominee on that board of High River or persons acting in concert with it, that person will be counted as a High River nominee on the slate for the new board.
The Lenders. The initial Lender listed on the initial signature pages hereof have agreed to lend to the Company $10,000,000, subject to the terms and conditions set forth in this Agreement. Such Lenders acknowledge and agree that after the date hereof additional Persons may become parties to this Agreement as "LENDERS" and make Term Loans to the Company on the same terms and conditions. Such Persons may become Lenders without any approval by or consent from any of the then existing Lenders by executing and delivering a counterpart supplemental signature page to this Agreement, including the amount of their respective Commitment, and making their respective Term Loan to the Company in accordance with the terms and conditions of this Agreement, provided that the aggregate amount of Term Loans extended by all Lenders shall not exceed $40 million.
The Lenders the Agent and the Borrower each hereby consent to, acknowledge and agree that the Other Loan may be secured by and cross-collateralized with the Security Documents and the collateral for the Obligations (other than, at this time, the Borrower's real estate) and that the Agent and the Borrower are authorized and directed by the Lenders to enter into such documents, instruments and agreements as may be necessary or desirable to accomplish such cross-collateralization including without limitation amendments and/or restatements of any of the Security Documents.