Examples of Additional Committing Lender in a sentence
You shall also have the right to reduce the Commitments of the Lenders (including any Additional Committing Lender) on a pro rata basis at any time or from time to time upon written notice to them from you, however you shall still be obligated to pay the fees as and to the extent described in the Fee Letter.
In the event that you make any such allocation, the parties hereto shall enter into a letter agreement reflecting such allocation, roles and titles and providing for a corresponding reduction in the Commitments hereunder of Barclays, DBCI and Bank of America (ratably as between such Commitments), and references herein and in the Fee Letter (as defined below) to the “Lenders” shall thereupon be deemed to include each such Additional Committing Lender.
You also agree that the Initial Lenders may at any time and from time to time assign all or any portion of their commitments hereunder to one or more of their affiliates, but the Initial Lenders will not be relieved of all or any portion of their commitments hereunder prior to the initial funding under the Facilities (except to the extent assigned to an Additional Committing Lender).
You shall have the right to terminate this Commitment Letter and the Commitments of all (but not less than all) of the Lenders (including any Additional Committing Lender) hereunder at any time upon written notice to them from you, subject to the surviving obligations as set forth in Section 10 hereof and in the Fee Letter.
Any such reduction shall be applied ratably as among the Commitments of the Lenders (including any Additional Committing Lender), shall reduce permanently the Commitments then in effect, and shall constitute a termination of a portion of the Commitments in the amount of such reduction for purposes of the Fee Letter.
Each Lender (including any Additional Committing Lender) acknowledges and agrees that its Commitment is not conditioned upon a successful syndication and that no assignment and assumption by any assignee of any obligations of such Lender (other than to an Additional Committing Lender pursuant to Section 1) in respect of any portion of its Commitment shall relieve such Lender of its obligations hereunder with respect to such portion of the Commitment prior to the consummation of the Acquisition.
Each Additional Committing Lender (or an affiliate of such Additional Committing Lender) shall act as a joint lead arranger and joint bookrunner for the Incremental Facility, and all references in the Commitment Letter and Fee Letter to “we”, “us”, “our”, “Lead Arranger”, and “Lead Arrangers” shall be deemed to include JPM and UBS Securities LLC acting in such capacities.
JPMCB (together with any applicable Additional Committing Lender), in such capacities, are referred to herein individually as a “ Second Lien Initial Lender” and collectively as the “Second Lien Initial Lenders”; and together with the First Lien Credit Facility Initial Lenders and the First Lien Bridge Facility Initial Lenders, individually, each an “Initial Lender” and, collectively, the “Initial Lenders”.
JPMCB (together with any applicable Additional Committing Lender), in such capacities, are referred to herein individually as a “ First Lien Initial Lender” and collectively as the “First Lien Initial Lenders”.
If so instructed elsewhere in this Request For Quotation, please enclose the Price Schedule and Delivery Data in a separate sealed envelope.