Controlling Lender definition

Controlling Lender. The Lender(s) holding a majority of the aggregate outstanding amount of the Commitments (or, if the Commitments have been terminated, the Advances) until all amounts payable hereunder with respect to the Advances are paid in full (other than contingent indemnification and reimbursement obligations for which no claim giving rise thereto has been asserted) and the Commitments have terminated.
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Controlling Lender. Xxxxx Fargo, in its capacity as a Lender or, if Xxxxx Fargo ceases to own at least 51% of the Commitments in accordance with Section 12.16, the Lender holding the majority of the then-outstanding Commitments (or, if the Commitments have been terminated, the Advances).
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Controlling Lender. Controlling Holder" or an analogous term, as applicable, under the related Co-Lender Agreement.
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Examples of Controlling Lender in a sentence

  • Section 7 ensures that Clearing and Settlement occurs through the Clearing House, in accordance with the Clearing & Settlement Rules (“C&S Rules”) and reflects amendments proposed to the NZX Participant Rules.

  • Notwithstanding any other provision of this Agreement (other than Section 13.10) or in any other Transaction Document, the Controlling Lender shall have the right to direct the Collateral Agent to institute any proceedings, judicial or otherwise, with respect to any Transaction Document, or for the appointment of a separate receiver or trustee, or for any other remedy hereunder.

  • Pursuant to Section 9.2(d), upon the occurrence of an Event of Default described in Section 9.1(u), notwithstanding anything herein to the contrary, the Controlling Lender, by written notice to the Collateral Manager with a copy to the Borrower, the Collateral Agent and each other Lender (such notice, a “Collateral Manager Termination Notice”), may, in its sole discretion, terminate all of the rights and obligations of the Collateral Manager as “Collateral Manager” under this Agreement.

  • EACH OF PARENT, MERGER SUB, AND THE COMPANY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT IT MAY HAVE TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE NEGOTIATION OR ENFORCEMENT HEREOF OR THE TRANSACTIONS.

  • The Collateral Agent may rely conclusively on and shall be fully protected in acting upon the written instructions of any designated officer of the Administrative Agent or the Controlling Lender.

  • The Liquidator shall, as soon as practicable following the event giving rise to the dissolution, winding up and termination of the Partnership, wind up the affairs of the Partnership and sell and/or distribute the assets of the Partnership.

  • The Collateral Agent shall only institute proceedings and exercise remedies hereunder at the direction of the Controlling Lender (which the Collateral Agent shall implement without delay) and, in taking any action as so directed, shall have the right to indemnity against the costs, expenses and liabilities to be incurred in compliance with such request.

  • If the Controlling Lender elects not to designate an Approved Replacement Collateral Manager as the replacement Collateral Manager, the appointment of such replacement Collateral Manager shall be subject to the prior written consent of the Borrower (such consent not to be unreasonably withheld, delayed or conditioned).

  • Each Collateral Manager Termination Notice shall designate the replacement Collateral Manager, who shall be selected by the Controlling Lender in its sole discretion.

  • Notwithstanding any other provision of this Agreement (other than Section 12.10) or in any other Transaction Document, the Controlling Lender shall have the right to direct the Collateral Agent to institute any proceedings, judicial or otherwise, with respect to any Transaction Document, or for the appointment of a separate receiver or trustee, or for any other remedy hereunder.


More Definitions of Controlling Lender

Controlling Lender. The Class A Lender(s) holding a majority of the aggregate outstanding amount of the Class A Commitments (or, if the Class A Commitments have been terminated, the Class A Advances) until all amounts payable hereunder with respect to the Class A Advances are paid in full (other than contingent indemnification and reimbursement obligations for which no claim giving rise thereto has been asserted) and the Class A Commitments have terminated; and then, the Class B Lender(s) holding a majority of the aggregate outstanding amount of the Class B Commitments (or, if the Class B Commitments have been terminated, the Class B Advances) until the Class B Advances are paid in full and the Class B Commitments have terminated.
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Controlling Lender means (i) Senior Lender, until such time as Senior Lender has provided Bank with a written notice that Senior Lender has ceased to be the Controlling Lender hereunder (such notice being the “Controlling Lender Notice”). It is understood and agreed hereby that Bank shall rely exclusively on a Controlling Lender Notice as to the determination of whether the Senior Lender is the Controlling Lender hereunder and shall be under no obligation to make any independent investigation thereof.
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Controlling Lender means (i) until all Senior Indebtedness under the Senior Lending Agreements has been paid in full and satisfied in cash and all commitments to lend thereunder shall have been irrevocably terminated, Senior Lender and (ii) thereafter, Senior Subordinated Lender.
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Controlling Lender. Delaware Life, in its capacity as a Lender or, if Delaware Life or its Affiliates ceases to own at least 50% of the Commitments in accordance with Section 12.16, the Lender holding the majority of the then-outstanding Commitments (or, if the Commitments have been terminated, the Advances).
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Related to Controlling Lender

  • Participating Lender has the meaning set forth in Section 2.05(a)(v)(C)(2).

  • Departing Lender means each lender under the Existing Credit Agreement that executes and delivers to the Administrative Agent a Departing Lender Signature Page.

  • Funding Lender means Citibank N.A., a national banking association, and any successor under this Funding Loan Agreement and the Borrower Loan Documents.

  • Selling Lender has the meaning specified in Section 11.7 (

  • Designated Lender shall have the meaning set forth in Section 16.2(b) hereof.

  • Originating Lender has the meaning specified therefor in Section 13.1(e) of the Agreement.

  • Existing Lender were references to all the Lenders immediately prior to the relevant increase;

  • Affiliate Lender shall have the meaning assigned to such term in Section 9.21(a).

  • Affiliated Lender means, at any time, any Lender that is the Sponsor or an Affiliate of the Sponsor (other than Holdings, the Borrower or any of their respective Subsidiaries) at such time.

  • Exiting Lender see Section 2.17.7.

  • Lender Affiliate means, (a) with respect to any Lender, (i) an Affiliate of such Lender or (ii) any entity (whether a corporation, partnership, trust or otherwise) that is engaged in making, purchasing, holding or otherwise investing in bank loans and similar extensions of credit in the ordinary course of its business and is administered or managed by a Lender or an Affiliate of such Lender and (b) with respect to any Lender that is a fund which invests in bank loans and similar extensions of credit, any other fund that invests in bank loans and similar extensions of credit and is managed by the same investment advisor as such Lender or by an Affiliate of such investment advisor.

  • Consenting Lender has the meaning specified in Section 2.19(b).

  • PPP Lender means JPMorgan Chase Bank, N.A.

  • Extending Lender shall have the meaning assigned to such term in Section 2.21(e).

  • L/C Lender a Lender with an L/C Commitment.

  • Tax Lender has the meaning specified therefor in Section 14.2(a) of the Agreement.

  • Designating Lender means, with respect to each Designated Lender, the Lender that designated such Designated Lender pursuant to Section 12.1.2.

  • Notifying Lender has the meaning given in Clause 23.1 or Clause 24.1 as the context requires;

  • Continuing Lender as defined in Section 2.17(a).

  • Purchasing Lender shall have the meaning set forth in Section 16.3(c) hereof.

  • Subject Lender has the meaning assigned to that term in subsection 2.9.

  • Revolving Lender means a Lender with a Revolving Commitment or, if the Revolving Commitments have terminated or expired, a Lender with Revolving Exposure.

  • Fronting Lender means, as to any Letter of Credit transaction hereunder, Agent as issuer of the Letter of Credit, or, in the event that Agent either shall be unable to issue or shall agree that another Lender may issue, a Letter of Credit, such other Lender as shall agree to issue the Letter of Credit in its own name, but in each instance on behalf of the Lenders hereunder.

  • Committed Lender means, as to any Lender Group, each of the financial institutions listed on Schedule I as a “Committed Lender” for such Lender Group, together with its respective successors and permitted assigns.

  • Lender has the meaning specified in the introductory paragraph hereto and, as the context requires, includes the Swing Line Lender.

  • Declining Lender has the meaning specified in Section 2.05(c).