Debt Fund Affiliate Lender means entities managed by the Fund or funds advised by its affiliated management companies that are primarily engaged in, or advise funds or other investment vehicles that are engaged in, making, purchasing, holding or otherwise investing in commercial loans, bonds and similar extensions of credit or securities in the ordinary course and for which no personnel making investment decisions in respect of any equity fund which has a direct or indirect equity investment in Holdings, the Borrower or the Subsidiaries has the right to make any investment decisions.
Debt Fund Affiliate Lender means a Lender that is an Affiliate of Borrower that is primarily engaged in, or advises funds or other investment vehicles that are engaged in, making, purchasing, holding or otherwise investing in commercial loans, bonds and similar extensions of credit or securities in the ordinary course and for which neither Wynn Resorts nor its Subsidiaries, directly or indirectly, possesses the power to direct or cause the direction of the investment policies of such entity.
Debt Fund Affiliate Lender means entities managed by the Fund or funds advised by its affiliated management companies that are primarily engaged in, or advises funds or other investment vehicles that are engaged in, making, purchasing, holding or otherwise investing in commercial loans, bonds and similar extensions of credit or securities in the ordinary course and for which no personnel making investment decisions in respect of any equity fund which has a direct or indirect equity investment in Holdings, the Borrower or the Subsidiaries has the right to make any investment decisions.
More Definitions of Debt Fund Affiliate Lender
Debt Fund Affiliate Lender means entities managed by the Fund or funds advised by its affiliated management companies that are primarily engaged in, or advise funds or other investment vehicles that are engaged in, making, purchasing, holding or otherwise investing in commercial loans, bonds and similar extensions of credit or securities in the ordinary course and with respect to which the Fund does not, directly or indirectly, possess the power to direct or cause the direction of the investment policies of such entity.
Debt Fund Affiliate Lender means entities managed by the Hill Path Sponsors or funds advised by its affiliated management companies that are primarily engaged in, or advise funds or other investment vehicles that are engaged in, making, purchasing, holding or otherwise investing in commercial loans, bonds and similar extensions of credit or securities in the ordinary course and for which no personnel making investment decisions in respect of any equity fund which has a direct or indirect equity investment in Holdings, the Borrower or the Subsidiaries has the right to make any investment decisions.
Debt Fund Affiliate Lender means (i) a Lender that is an Affiliate of Borrower and that is a bona fide debt Fund or managed account or financial institution that is engaged in making, purchasing, holding, or otherwise investing in commercial loans and similar extensions of credit in the ordinary course of business or (ii) a Lender that is an Affiliate of Borrower that is primarily engaged in, or advises funds or other investment vehicles that are engaged in, making, purchasing, holding or otherwise investing in commercial loans, bonds and similar extensions of credit or securities in the ordinary course and for which neither Wynn Resorts nor its Subsidiaries, directly or indirectly, possesses the power to direct or cause the direction of the investment policies of such entity.
Debt Fund Affiliate Lender means entities managed by any of the Sponsors, including funds advisedby their affiliated management companies that are primarily engaged in, or advise funds or other investment vehiclesthat are engaged in, making, purchasing, holding or otherwise investing in commercial loans, bonds and similarextensions of credit or securities in the ordinary course and for which no personnel making investment decisions inrespect of any equity fund which has a direct or indirect equity investment in Holdings, the Borrower or theSubsidiaries has the right to make any investment decisions.“Debt Incurrence ” has the meaning assigned to such term in Section 2.05(c)(i) ..“Debtor Relief Laws ” means the Bankruptcy Code of the United States of America, and all otherliquidation, conservatorship, bankruptcy, assignment for the benefit of creditors, moratorium, rearrangement,receivership, insolvency, reorganization, or similar Applicable Laws with respect to debtor relief of the UnitedStates or other applicable jurisdictions from time to time in effect.“Declined Proceeds ” has the meaning assigned to such term in Section 2.05(d) ..“Default ” means any Event of Default, any Event of Termination and any event or condition which uponnotice, lapse of time or both would constitute an Event of Default or Event of Termination.“Default Right ” has the meaning assigned to that term in, and shall be interpreted in accordance with, 12C.F.R. §§ 252.81, 47.2 or 382.1, as applicable.“Defaulting Lender ” means, subject toSection 2.23(g) , any Lender that (a) has failed to (i) fund all or anyportion of the Revolving Loans or any Term Loan required to be funded by it hereunder within two Business Days ofthe date such Loans were required to be funded hereunder unless such Lender notifies the Administrative Agent xxxxxx Xxxxxxxx in writing that such failure is the result of such Xxxxxx’s determination that one or more conditionsprecedent to funding (each of which conditions precedent, together with any applicable default, shall be specificallyidentified in such writing) has not been satisfied, or (ii) pay to the Administrative Agent, any Issuing Bank, theSwingline Lender or any other Lender any other amount required to be paid by it hereunder (including in respect ofits participation in Letters of Credit or Swingline Loans) within two Business Days of the date when due, (b) hasnotified the Borrower, the Administrative Agent, any Issuing Bank or the Swingline Lender in writing that it doesnot intend ...
Debt Fund Affiliate Lender means a Lender that is an Affiliate of Borrower that is primarily engaged in, or advises funds or other investment vehicles that are engaged in, making, purchasing, holding or otherwise investing in commercial loans, bonds and similar extensions of credit or securities in the ordinary course and for which neither Wynn Resorts nor its Subsidiaries, directly or indirectly, possesses the power to direct or cause the direction of the investment policies of such entity. “Debt Issuance” shall mean the incurrence by Borrower or any Restricted Subsidiary of any Indebtedness after the Closing Date (other than as permitted by Section 10.01). The issuance or sale of any debt instrument convertible into or exchangeable or exercisable for any Equity Interests shall be deemed a Debt Issuance for purposes of Section 2.10(a). “Debtor Relief Laws” shall mean the Bankruptcy Code, and all other liquidation, conservatorship, bankruptcy, assignment for the benefit of creditors, moratorium, rearrangement, receivership, insolvency, reorganization or similar debtor relief Laws of the United States or other applicable jurisdiction from time to time in effect.
Debt Fund Affiliate Lender means any Affiliate of Holdings, the Borrower or any of their respective subsidiaries (other than (i) Holdings, the Borrower or any of their respective subsidiaries, (ii) any natural person and (iii) any of the Lenders party hereto as of the Closing Date or to whom allocations were made prior to the Closing Date and that become party hereto within 5 Business Days of the Closing Date and, in each case of this sub-clause (iii), their respective Affiliates): (a) that is a bona fide debt fund or an investment vehicle that is primarily engaged in, or advises funds or other investment vehicles that are primarily engaged in, making, purchasing, holding or otherwise investing in commercial loans, bonds and similar extensions of credit or securities in the ordinary course and (b) with respect to which no Affiliate of Holdings, the Borrower or any of their respective subsidiaries (other than Affiliates of the type described in clause (a) above), directly or indirectly, possesses the power to direct or cause the direction of the investment policies of such entity.
Debt Fund Affiliate Lender means any Affiliate of Holdings, the Borrowerany First Tier Covenant Party, or any of their respective subsidiaries (other than (i) Holdings, the Borrowerany First Tier Covenant Party or any of their respective subsidiaries, (ii) any natural person and (iii) any of the Lenders party hereto as of the Closing Date or to whom allocations were made prior to the Closing Date and that become party hereto within 5 Business Days of the Closing Date and, in each case of this sub-clause (iii), their respective Affiliates): (a) that is a bona fide debt fund or an investment vehicle that is primarily engaged in, or advises funds or other investment vehicles that are primarily engaged in, making, purchasing, holding or otherwise investing in commercial loans, bonds and similar extensions of credit or securities in the ordinary course and (b) with respect to which no Affiliate of Holdings, the Borrowerany First Tier Covenant Party or any of their respective subsidiaries (other than Affiliates of the type described in clause (a) above), directly or indirectly, possesses the power to direct or cause the direction of the investment policies of such entity.