Excluded Lender. (a) each person set forth on Schedule 1.1(a) and (b) any other person and their respective Controlled Investment Affiliates named by the Borrower, in good faith, which is engaged in the same or similar line of business as the Borrower or any of its Subsidiaries and in each case designated by name by the Borrower as such from time to time after the Closing Date in a certificate duly executed by a Responsible Officer of Borrower (in each case other than the Arrangers and their respective affiliates and any Bona Fide Lending Entity). Any supplement to such list of Excluded Lenders pursuant to clause (b) above will become effective two (2) Business Days after delivery to the Administrative Agent and shall be posted to the Lenders as a supplement to Schedule 1.1(a). In no event shall a supplement apply retroactively to disqualify any Lender as of the date of such supplement who has previously acquired an interest in the Loans or Commitments, but upon the effectiveness of such designation, any such Lender may not acquire any additional Loans or Commitments or participations in Loans or Commitments.
Excluded Lender means a bank or other financial institution providing indebtedness for borrowed money which is guaranteed by the Loan Guarantee Agreement (as defined in 10 CFR 609.2) pertaining to the DOE Financial Closing; provided, however “Excluded Lender” shall not include a Person providing funding or committed funding (pursuant to definitive binding agreements) for debt or equity of the Corporation in an amount of at least $100,000,000 that is not guaranteed by such Loan Guarantee Agreement.
Excluded Lender. (a) any Person specifically identified by name in writing to the Administrative Agent by Holdings or the Borrower on or prior to November 14, 2019, (b) any competitor of any Loan Party that is designated in writing to the Administrative Agent by Holdings or the Borrower from time to time, (c) any vulture/distressed debt fund that is designated in writing to the Administrative Agent by Holdings or the Borrower (x) on or prior to the Closing Date or (y) after the Closing Date and subject to the Administrative Agent’s consent (not to be unreasonably withheld or delayed) and (d) any reasonably identifiable (on the basis of its name or as identified from time to time in writing by or on behalf of Holdings or any of its Subsidiaries) Affiliate of the entities described in the preceding clauses (a), (b) and (c) other than bona fide debt funds. Notwithstanding the foregoing, the addition of any Person to the list of Excluded Lenders shall become effective two (2) Business Days after identification to the Administrative Agent by Holdings or the Borrower (and for the avoidance of doubt, shall not apply retroactively prior to such effective date). The list of Excluded Lenders shall be made available by the Administrative Agent (and the Borrower hereby authorizes the Administrative Agent to make the list of Excluded Lenders available) to the Lenders promptly after request therefor (and the Borrower hereby authorizes the Lenders to make the list of Excluded Lenders available to prospective Lenders constituting Eligible Assignees). For the avoidance of doubt, no Person that is a Lender, Participant, party to an Assignment and Assumption or a participation agreement to become a Lender or Participant, as applicable, prior to the effectiveness of any update to the list of Excluded Lenders shall be an Excluded Lender hereunder. The Administrative Agent shall have no obligation to monitor any non-compliance by any Lender hereunder with respect to provisions relating to Excluded Lenders.
Examples of Excluded Lender in a sentence
No such assignment shall be made to (A) except as set forth in Section 10.6(h) the Borrower or any of the Borrower’s Affiliates or Subsidiaries, (B) to any Defaulting Lender or any of its Affiliates, or any Person who, upon becoming a Lender hereunder, would constitute any of the foregoing Persons described in this clause (B), or (C) an Excluded Lender.
Upon any such resignation, the Required Lenders shall have the right, with the written consent of the Borrower (such consent not to be unreasonably withheld, delayed or conditioned and such consent not to be required during the continuance of a Designated Event of Default), to appoint a successor other than any Excluded Lender.
Upon the acceptance of its appointment as Agent hereunder by a successor (who shall not be an Excluded Lender and any attempted appointment of an Excluded Lender shall be absolutely void ab initio), such successor shall succeed to and become vested with all the rights, powers, privileges and duties of the retiring Agent, and the retiring Agent shall be discharged from its duties and obligations hereunder.
The Borrower shall pay the reasonable and documented out-of-pocket fees of a successor Agent that is not an Excluded Lender and that is not appointed in violation of this paragraph.
No such assignment shall be made to (A) the Borrower or any of the Borrower’s Affiliates or Subsidiaries, (B) to any Defaulting Lender or any of its Affiliates, or any Person who, upon becoming a Lender hereunder, would constitute any of the foregoing Persons described in this clause (B), or (C) so long as no Event of Default has occurred and is continuing, an Excluded Lender.
More Definitions of Excluded Lender
Excluded Lender shall have the meaning provided in Section 13.6(h)(iv)(ii).
Excluded Lender means, any Person that is an Industry Competitor, a Credit Party, any Credit Party’s Affiliate or Subsidiary, a Defaulting Lender or a natural person (including a holding company, investment vehicle or trust for, owned and operated for the primary benefit of, a natural person).
Excluded Lender means (a) natural Persons, (b) Competitors and (c) those banks, financial institutions, institutional lenders and other Persons that have been specified to the Administrative Agent by the Borrower or the Sponsor in writing prior to the Closing Date (it being agreed and understood by the Agents and each Lender on the Closing Date that the list specifying the Persons in clause (c) of this definition shall not be delivered to (or any of its contents shared with) any Person other than the Persons that are Lenders on the Closing Date; provided that the Administrative Agent may verbally state whether a Person is an Eligible Assignee based on such list so long as the question is posed by a Lender for the sole purpose of considering assigning the Loans or selling participations hereunder to a non-Affiliated third-Person that is not otherwise excluded from being an Eligible Assignee by the other provisions in the definition of “Eligible Assignee”).
Excluded Lender means (A) any Lender that is a Regulated Bank, (B) any Revolving Credit Lender as of the Amendment No. 6 Effective Date and (C) any Affiliate of a Regulated Bank to the extent that (1) all of the equity of such Affiliate is directly or indirectly owned by either (I) such Regulated Bank or (II) a parent entity that also owns, directly or indirectly, all of the equity of such Regulated Bank and (2) such Affiliate is a securities broker or dealer registered with the SEC under section 15 of the Securities Exchange Act of 1934).
Excluded Lender any Person (a) that has been specifically identified by name in writing (which shall set forth in reasonable detail the basis of each applicable designation) by the Borrower to the Administrative Agent as constituting an “Excluded Lender” on or prior to the Closing Date or (b) that is a direct competitor of the Borrower or a vulture/distressed fund that has been specifically identified by name in writing (which shall set forth in reasonable detail the basis of each applicable designation) by the Borrower to the Administrative Agent as constituting an “Excluded Lender” (A) on or prior to the Closing Date or (B) periodically during the term of this Agreement; provided, in every case, such Persons shall no longer be designated as an Excluded Lender if any Event of Default has occurred and is continuing.
Excluded Lender means (a) those persons that are direct competitors of the Borrowers and its Subsidiaries to the extent identified by the Borrowers or the Sponsor and/or its affiliates to the Administrative Agent by name in writing from time to time, (b) those banks, financial institutions and other persons separately identified by the Borrowers to the Administrative Agent by name in writing on or before March 23, 2018 or (c) in the case of clauses (a) or (b), any of their Affiliates, other than bona fide debt funds (except with respect to bona fide debt funds identified by name by the Borrowers to the Administrative Agent in writing on or before March 23, 2018 and their affiliates that are readily identified by name), that are readily identifiable as Affiliates solely on the basis of their name; provided that the foregoing shall not apply retroactively to disqualify any parties that have previously acquired an assignment or participation interest in the Loans to the extent such party was not an Excluded Lender at the time of the applicable assignment or participation, as the case may be; provided further that the Administrative Agent shall have no obligation to carry out due diligence in order to identify such Affiliates. Upon the request of any Lender in connection with an assignment or participation, the Administrative Agent shall inform such Lender as to whether a proposed participant or assignee is an Excluded Lender.
Excluded Lender means (a) those persons that are competitors of the Borrower and its Subsidiaries to the extent identified by the Borrower or the Sponsor and/or its affiliates to the Administrative Agent by name in writing from time to time, (b) those banks, financial institutions and other persons separately identified by the Borrower or the Sponsor to the Administrative Agent by name in writing on or before July 23, 2018 or as the Borrower or the Sponsor and the Administrative Agent shall mutually agree on and after such date or (c) in the case of clauses (a) or (b), any of their Affiliates, other than bona fide debt funds (except with respect to bona fide debt funds identified by name by the Borrower to the Administrative Agent in writing from time to time and their affiliates that are readily identifiable by name), that are readily identifiable as Affiliates solely on the basis of their name or that are identified in writing to by the Borrower or the Sponsor to the Administrative Agent from time to time; provided that the foregoing shall not apply retroactively to disqualify any parties that have previously acquired an assignment or participation interest in the Loans to the extent such party was not an Excluded Lender at the time of the applicable trade date; provided further that the Administrative Agent shall have no obligation to carry out due diligence in order to identify such Affiliates. Upon the request of any Lender in connection with an assignment or participation, the Administrative Agent shall inform such Lender as to whether a proposed participant or assignee is an Excluded Lender.