Consenting Term Lender definition

Consenting Term Lender means each Lender that has provided the Administrative Agent with a counterpart to the Restatement Agreement executed by such Lender.

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Consenting Term Lender has the meaning assigned to such term in Amendment No. 2.

Consenting Term Lender means each Lender holding outstanding Term Loans that has (x) theretofore executed and delivered a counterpart of the First Amendment to the Administrative Agent on or prior to 5:00 P.M. (New York time) on August 16, 2004 and (y) specifically notified the Administrative Agent of its desire to convert its Term Loans into Converted Term Loans pursuant to Section 1.01(e)(A).

Examples of Consenting Term Lender in a sentence

• Each Consenting Term Lender agrees that any Transfer of any Claim that does not comply with the terms and procedures set forth herein shall be deemed void ab initio, and the Company and each other Consenting Term Lender shall have the right to enforce the voiding of such Transfer.

• The Consenting Term Lender shall have no liability to the Company or to each other in respect of any termination of this Agreement in accordance with the terms of this Section 5 and Section 19 hereof.

• This Agreement, including the exhibits and schedules hereto (including the Term Sheet) constitutes the entire agreement of the Parties, and supersedes all other prior negotiations, with respect to the subject matter hereof and thereof, except that the Parties acknowledge that any confidentiality agreements (if any) heretofore executed between the Company and each Consenting Term Lender shall continue in full force and effect.

• No prior history, pattern, or practice of sharing confidences among or between the Consenting Term Lender shall in any way affect or negate this understanding and agreement.

• Upon any such termination of this Agreement, each vote or any consents given by any Consenting Term Lender prior to such termination shall be deemed, for all purposes, to be null and void ab initio and shall not be considered or otherwise used in any manner by the Parties in connection with the Restructuring and this Agreement, in each case, without further confirmation or other action by such Consenting Term Lender.

• Each Consenting Term Lender hereby agrees to waive any entitlement to any breakage loss or expenses due under Section 2.16 with respect to the repayment of its Initial Term Loans it holds as a Term Lender which have been replaced with Term B Loans.

• In the event that the Company fails to make the foregoing disclosures in compliance with the terms specified herein, any such Consenting Term Lender may publicly disclose the foregoing, including, without limitation, this Agreement and all of its exhibits and schedules (subject to the redactions called for by Section 8 hereof), and the Company hereby waives any claims against the Consenting Term Lenders arising as a result of such disclosure by a Consenting Term Lender in compliance with this Agreement.

• The acceptances of the Consenting Term Lenders with respect to the Prepackaged Plan will not be solicited until such Consenting Term Lender has received the Disclosure Statement and related ballots and solicitation materials, each as approved or ratified by the Bankruptcy Court.

• Notwithstanding the provisions in this Section 8, any Party may disclose, to the extent consented to in writing by a Consenting Term Lender, such Consenting Term Lender’s individual holdings).

• In this regard, it is understood and agreed that any Consenting Term Lender may trade in the Noteholder Claims or other debt of the Company without the consent of the Company or any other Consenting Term Lender, subject to applicable securities laws, the terms of this Agreement, and any confidentiality agreement entered into with the Company; provided that no Consenting Term Lender shall have any responsibility for any such trading to any other person or entity by virtue of this Agreement.

More Definitions of Consenting Term Lender

Consenting Term Lender means each Lender that has provided the Administrative Agent with a counterpart to the Amendment No. 4 executed by such Lender.

Consenting Term Lender means AF V Energy I Holdings, L.P., in its capacity as Term Lender.

Consenting Term Lender shall have the meaning provided in Section 1.16(a).

Consenting Term Lender means each Lender that on or prior to the Second Amendment Date executed and delivered a Consent to the Successor Administrative Agent.

Consenting Term Lender. Executing as a “Consenting Revolving Credit Lender”: by by Name: Name: Title: Title: For any Institution requiring a second signature line: For any Institution requiring a second signature line: by by Name: Name: Title: Title: Reference is made to (i) Amendment No. 5 to Credit Agreement, dated as of the date hereof, attached as Exhibit A hereto (the “Amendment”), among Avaya, Inc. (the “Borrower”), Citibank, N.A., as Administrative Agent, and each Lender party thereto and (ii) the Credit Agreement, dated as of October 26, 2007, as amended as of December 18, 2009 by Amendment No. 1, as amended and restated as of February 11, 2011 pursuant to the Amendment Agreement, as amended as of August 8, 2011 by Amendment No. 3 and as amended and restated as of October 29, 2012 pursuant to Amendment No. 4 (as amended, amended and restated, supplemented or otherwise modified prior to the date hereof, the “Restated Credit Agreement”), among the Borrower, Avaya Holdings Corp. (formerly known as Sierra Holdings Corp.), Citibank, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer, and each Lender from time to time party thereto. Capitalized terms used but not otherwise defined in this Guarantor Consent and Reaffirmation (this “Consent”) are used with the meanings attributed thereto in the Amendment. Each Guarantor hereby consents to the execution, delivery and performance of the Amendment and agrees that each reference to the Credit Agreement in the Loan Documents shall, on and after the Amendment Effective Date and the Third Restatement Effective Date, as applicable, be deemed to be a reference to the Third Amended and Restated Credit Agreement in effect in accordance with the terms of the Amendment. Each Guarantor hereby acknowledges and agrees that, after giving effect to the Amendment, all of its respective obligations and liabilities under the Loan Documents to which it is a party, as such obligations and liabilities have been amended by the Amendment, are reaffirmed, and remain in full force and effect. After giving effect to the Amendment, each Guarantor reaffirms each Lien granted by it to the Administrative Agent for the benefit of the Secured Parties under each of the Loan Documents to which it is a party, which Liens shall continue in full force and effect during the term of the Third Amended and Restated Credit Agreement, and shall continue to secure the Obligations (after giving effect to the Amendment), in each case, on and subject to the terms an...

Consenting Term Lender means each Term Lender that has executed and delivered a counterpart of the First Amendment to the Administrative Agent on or prior to 5:00 P.M. (New York City time) on February 7, 2013 as set forth in Section THREE Condition (1) hereof.