Affected Purchaser definition
Examples of Affected Purchaser in a sentence
In the event the Issuer obtains a Replacement Purchaser within forty-five (45) days following notice of its intention to do so, the Affected Purchaser (or such non-consenting Purchaser) shall sell and assign its Term Loans and Term Loan Commitments to such Replacement Purchaser, at par, provided that the Issuer has reimbursed such Affected Purchaser for its increased costs, if any, for which it is entitled to reimbursement under this Agreement through the date of such sale and assignment.
To substitute such Affected Purchaser, the Issuer shall deliver a notice to all Purchasers (including such Affected Purchaser).
Such termination shall be effective upon written notice to such effect delivered by the Agent to such Affected Purchaser, whereupon the Purchase Termination Date of such Affected Purchaser shall be deemed to have occurred.
For the avoidance of doubt, the interest rate on which Base Rate Notes shall, if necessary to avoid such illegality, be determined by Collateral Agent without reference to clause (iii) of the definition of “Base Rate”, in each case, until such Affected Purchaser notifies Collateral Agent and Company that the circumstances giving rise to such determination no longer exist.
The Agent shall use its best efforts to find Eligible Assignee(s) or APA Purchaser(s) to replace an Affected Purchaser.
For the avoidance of doubt, the interest rate on which Base Rate DIP Notes shall, if necessary to avoid such illegality, be determined by Collateral Agent without reference to clause (iii) of the definition of “Base Rate”, in each case, until Affected Purchaser notifies Collateral Agent and Company that the circumstances giving rise to such determination no longer exist.
Except as provided in the immediately preceding sentence, nothing in this Section 2.17(c) shall affect the obligation of any Purchaser other than an Affected Purchaser to makeissue or maintain the Notes as, or to convert the SOFR Rate Notes to, LIBO Rate Note in accordance with the terms hereof.
Upon such termination, the Affected Purchaser shall cease to have any rights or obligations with respect to future purchases of interests in the Purchased Note under this Asset Purchase Agreement but shall continue to have the rights and obligations of an APA Purchaser with respect to the portion of the Purchased Interest purchased by it, together with all other rights due and owing to it, pursuant to the terms of this Asset Purchase Agreement immediately prior to such termination.
Except as provided in the immediately preceding sentence, nothing in this Section 2.17(c) shall affect the obligation of any Purchaser other than an Affected Purchaser to make or maintain the Notes as, or to convert the Notes to, LIBO Rate Note in accordance with the terms hereof.
Upon such termination, the Affected Purchaser shall cease to have any rights or obligations with respect to future purchases of interests in the Purchased Note under this Asset Purchase Agreement but shall continue to have the rights and obligations of an APA Purchaser with respect to the portion of the Percentage Interest in the Purchased Note purchased by it, together with all other rights due and owing to it, pursuant to the terms of this Asset Purchase Agreement immediately prior to such termination.