This Agreement is intended solely for the purpose of defining the relative rights of the BAI Lenders, the BAI Agent, the BIPCO Lenders, the BIPCO Agent and the Trustee, and no other Person shall have any right, benefit or other interest under this Agreement.
DIP Lenders has the meaning assigned to such term in Section 2.05(b).
Bank Lenders means the banks and financial institutions party to the Bank Credit Agreement.
New Lenders has the meaning set forth in Section 2.16(c).
Existing Lenders has the meaning specified in the recitals hereto.
Lenders means the Persons listed on Schedule 2.01 and any other Person that shall have become a party hereto pursuant to an Assignment and Assumption, other than any such Person that ceases to be a party hereto pursuant to an Assignment and Assumption.
Term Loan Lenders means the “Lenders” under and as defined in the Term Loan Credit Agreement.
Refinancing Lenders has the meaning specified in Section 2.15(c).
First Lien Lenders means the “Lenders” under and as defined in the First Lien Credit Agreement.
Second Lien Lenders means the “Lenders” under and as defined in the Second Lien Credit Agreement.
Exit Facility Lenders means each of the lenders under the Exit Facility Credit Agreement, solely in their respective capacities as such.
Tranche B Lenders means First Union National Bank and shall include the several banks and other financial institutions from time to time party to the Credit Agreement that commit to make the Tranche B Loans.
Revolving Lenders means, as of any date of determination, Lenders having a Revolving Loan Commitment.
Prepetition Lenders means the lenders party to the Prepetition Credit Agreement.
Incremental Lenders has the meaning set forth in Section 2.14(c).
Revolving Credit Lenders means the financial institutions from time to time parties hereto as lenders of the Revolving Credit.
Consenting Lenders has the meaning set forth in Section 2.21(b).
Committed Lenders means, for any Lender Group, the Persons executing this Agreement in the capacity of a “Committed Lender” for such Lender Group (or an assignment hereof) in accordance with the terms of this Agreement.
Continuing Lenders as defined in the recitals hereto.
Term Lenders means those Lenders having Term Loan Commitments.
Required Revolving Facility Lenders means, at any time, Revolving Facility Lenders having (a) Revolving Facility Loans (other than Swingline Loans) outstanding, (b) Revolving L/C Exposures, (c) Swingline Exposures and (d) Available Unused Commitments that, taken together, represent more than 50% of the sum of (w) all Revolving Facility Loans (other than Swingline Loans) outstanding, (x) all Revolving L/C Exposures, (y) all Swingline Exposures and (z) the total Available Unused Commitments at such time; provided, that the Revolving Facility Loans, Revolving L/C Exposures, Swingline Exposures and Available Unused Commitment of any Defaulting Lender shall be disregarded in determining Required Revolving Facility Lenders at any time.
Requisite Revolving Lenders means Lenders having (a) more than 50% of the Revolving Loan Commitments of all Lenders, or (b) if the Revolving Loan Commitments have been terminated, more than 50% of the aggregate outstanding amount of the Revolving Loan.
Required Revolving Lenders means, as of any date of determination, Revolving Credit Lenders holding more than 50% of the sum of the (a) Total Revolving Credit Outstandings (with the aggregate amount of each Revolving Credit Lender’s risk participation and funded participation in L/C Obligations and Swing Line Loans being deemed “held” by such Revolving Credit Lender for purposes of this definition) and (b) aggregate unused Revolving Credit Commitments; provided that the unused Revolving Credit Commitment of, and the portion of the Total Revolving Credit Outstandings held or deemed held by, any Defaulting Lender shall be excluded for purposes of making a determination of Required Revolving Lenders.
Initial Lenders has the meaning specified in the recital of parties to this Agreement.
Canadian Lenders means the Lenders having Canadian Commitments from time to time or at any time. Any Person may be a Canadian Lender only if it is a financial institution that is listed on Schedule I, II or III of the Bank Act (Canada) or is not a foreign bank for purposes of the Bank Act (Canada), and if such financial institution is not resident in Canada and is not deemed to be resident in Canada for purposes of the Income Tax Act (Canada), then such financial institution deals at arm’s length with each Canadian Loan Party for purposes of the Income Tax Act (Canada).
Extending Lenders has the meaning specified in Section 2.08.
DIP Lender means a lender under the DIP Facility.