Ineligible Institutions definition

Ineligible Institutions means (a) a Competitor designated in writing by the Borrower, delivered to the Administrative Agent, (b) those other entities designated in writing by the Borrower, delivered to the Administrative Agent and agreed to by the Required Lenders or (c) in the case of clauses (a) and (b), any of their respective Affiliates that are (i) readily identifiable as Affiliates on the basis of their name or (ii) identified by name by the Borrower to the Administrative Agent in writing from time to time.

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Ineligible Institutions means (a) the 21 entities identified by name in the letter delivered by the Borrower to the Administrative Agent on June 3, 2016, as such list may be modified in writing by the Borrower from time to time thereafter (x) to include operating companies that are actual competitors of the Borrower without the written consent of the Required Lenders and (y) otherwise with the written consent of the Required Lenders in their sole discretion, and (b) any reasonably identifiable Affiliate (solely on the basis of its name) of, and if applicable, any reasonably identifiable fund of or other entity managed by (in the case of such fund or such other entity solely on the basis of its name) any of the persons identified pursuant to clause (a) above. Notwithstanding the foregoing and notwithstanding item 22 in such letter, Ineligible Institutions shall not include any affiliate of, or subsidiary or controlling equity holder of, any of the entities identified by the Borrower except as herein provided.

Ineligible Institutions means (a) the persons identified in writing to the Administrative Agent by the Borrower on or prior to January 21, 2016, as such list may be modified by the Borrower from time to time thereafter with the consent of the Administrative Agent in its sole discretion, and (b) the Fund or any Fund Affiliate.

Examples of Ineligible Institutions in a sentence

The Administrative Agent shall not be responsible or have any liability for, or have any duty to ascertain, inquire into, monitor or enforce, compliance with the provisions hereof relating to Ineligible Institutions.
Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with Section 10.6(f) or, in the case of Ineligible Institutions, any such assignment would be void ab initio.
Commitment Increases and Incremental Loans may provided on a non pro-rata basis by one or more Lenders and/or other Persons (other than Ineligible Institutions) reasonably acceptable the Company.
To achieve the full amount of a requested increase and subject to the approval of the Administrative Agent, the Issuing Bank and the Swingline Lender (which approvals shall not be unreasonably withheld), the Borrower may also invite additional assignees that are not Ineligible Institutions to become Lenders pursuant to a joinder agreement in form and substance satisfactory to the Administrative Agent and its counsel.
The list of Ineligible Institutions will remain on file with the Administrative Agent, and will be made available to any Lender upon request to the Administrative Agent, but the Administrative Agent shall have no responsibility or liability for monitoring or enforcing the list of Ineligible Institutions or for any assignment or participation to an Ineligible Institution.
The Administrative Agent shall not be responsible or have any liability for, or have any duty to ascertain, inquire into, monitor or enforce, compliance with the provisions hereof relating to Ineligible Institutions or Disqualified Institutions.
Each Bank shall have the right, subject to the further provisions of this Sections 12.3, to sell or assign all or any part of its Term Loan, Note, and other rights and obligations under this Agreement and related documents (such transfer, an “Assignment”) to any commercial lender, other financial institution or other entity other Ineligible Institutions (an “Assignee”).
The Administrative Agent shall not be responsible or have any liability for, or have any duty to ascertain, inquire into, monitor or enforce, compliance with the provisions of this Agreement relating to Ineligible Institutions.
Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with the terms hereof or, in the case of Ineligible Institutions, any such assignment would be void ab initio.
Any Lender may at any time assign to one or more banks or other entities that are not Ineligible Institutions (“Purchasers”) all or any part of its rights and obligations under the Loan Documents.

More Definitions of Ineligible Institutions

Ineligible Institutions means (a) the persons identified in writing by the Borrower to the Agent on or prior to June 3, 2016, as such list may be modified from time to time thereafter with the consent of the Agent in its sole discretion, and (b) any reasonably identifiable affiliate (solely on the basis of its name) of, and, if applicable, any reasonably identifiable fund or other entity managed by (in the case of such fund or such other entity, solely on the

Ineligible Institutions as defined in Section 10.6(b).