The terms of the Berry Exit Facility are fair and reasonable, and the Berry Exit Facility was negotiated in good faith and atarm’s-length by the Debtors, the Berry Administrative Agent, and the Consenting Berry Lenders.
Consenting Lenders has the meaning set forth in Section 2.21(b).
Non-Consenting Lenders has the meaning specified in Section 3.07(d).
Consenting Lender has the meaning specified in Section 2.19(b).
Existing Lenders has the meaning specified in the recitals hereto.
New Lenders has the meaning set forth in Section 2.16(c).
Increasing Lenders shall have the meaning given to that term in Section 2.01(b)(i).
Continuing Lenders as defined in the recitals hereto.
Non-Consenting Lender means any Lender that does not approve any consent, waiver or amendment that (a) requires the approval of all Lenders or all affected Lenders in accordance with the terms of Section 11.01 and (b) has been approved by the Required Lenders.
Refinancing Lenders has the meaning specified in Section 2.15(c).
Extending Lenders has the meaning specified in Section 2.08.
Departing Lender means each lender under the Existing Credit Agreement that executes and delivers to the Administrative Agent a Departing Lender Signature Page.
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.
Bank Lenders means the banks and financial institutions party to the Bank Credit Agreement.
Revolving Commitment Increase Lender has the meaning specified in Section 2.14(a).
Supermajority Revolving Lenders means Lenders having (a) 80% or more of the Revolving Loan Commitments of all Lenders, or (b) if the Revolving Loan Commitments have been terminated, 80% or more of the aggregate outstanding amount of the Revolving Loan (with the Swing Line Loan being attributed to the Lender making such Loan) and Letter of Credit Obligations.
Increase Lender has the meaning given to that term in Clause 2.2 (Increase).
Exit Facility Lenders means each of the lenders under the Exit Facility Credit Agreement, solely in their respective capacities as such.
DIP Lenders has the meaning assigned to such term in Section 2.05(b).
Non-Consenting Bank means any Bank that does not approve any consent, waiver or amendment that (a) requires the approval of each Bank or each affected Banks in accordance with the terms of Section 10.05 and (b) has been approved by the Required Banks.
Increasing Lender has the meaning specified in Section 2.18(b).
Purchasing Lenders shall have the meaning set forth in Section 9.6(c).
Declining Lender has the meaning specified in Section 2.05(c).
Refinancing Lender has the meaning set forth in Section 2.15(c).
Continuing Lender as defined in Section 2.17(a).
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.
Revolving Lenders means, as of any date of determination, Lenders having a Revolving Loan Commitment.