Non-Participating Lender definition

Non-Participating Lender has the meaning specified in Section 2.14(a).

Non-Participating Lender has the meaning attributed to it in Section 6.4.

Non-Participating Lender has the meaning attributed to it in Section 7.3.

Examples of Non-Participating Lender in a sentence

• Such actions to be taken by the Agent and the Lenders shall include, among other things, purchasing interests in (rather than paying or discharging) the loans under the Existing Credit Agreement of each Non-Participating Lender.

• Appointing suitable club representatives to form the Senior Club Rugby Working Group.

• If a Lender becomes a Non-Participating Lender, subsequent Drawdowns will be funded first by the Non-Participating Lender rateably based on each Non-Participating Lender's Individual Commitment Amount, until the Principal Amounts of the Lenders are again in proportion to their respective Rateable Portions prior to the Hostile Acquisition.

• Notwithstanding the adjustment of the Rateable Portion pursuant to this Section 6.3, there will be no reduction in the Individual Commitment Amount of each Non-Participating Lender.

• On the Second Amendment Effective Date, the Borrower shall pay in cash (A) all accrued and unpaid interest on the 2016 Refinanced Term Loans through the Second Amendment Effective Date and (B) to each Second Amendment Non-Participating Lender only, any break funding payments or expenses due under Section 2.16 of the Credit Agreement.

More Definitions of Non-Participating Lender

Non-Participating Lender is defined in Section 2.2.

Non-Participating Lender with respect to any proposed Permitted Parent Assignment or Permitted Parent Loan Purchase, any Lender that has elected not to participate, or has been deemed to have elected not to participate, in such Permitted Parent Assignment or Permitted Parent Repurchase, as the case may be.

Non-Participating Lender means, with respect to any Eligible Affiliate that the Company has requested become a Borrower, any Lender that determines in good faith that (i) it is not capable of participating in Loans to such Eligible Affiliate without (A) violating any applicable Law, (B) the imposition of withholding taxes (except to the extent that such Eligible Affiliate agrees, in a manner reasonably satisfactory to such Lender, to indemnify such Lender for any payment received by such Lender hereunder, directly or indirectly, in a manner that results in such Lender receiving the same amount that it would have received absent such withholding taxes), (C) materially impairing the ability of such Lender to assign its Commitments or Loans or (D) violating a material internal policy of such Lender; or (ii) participating in Loans to such Eligible Affiliate would have any other material adverse effect on such Lender.

Non-Participating Lender means any holder of an Allowed Class 3 Claim that is not a First Lien Lender.

Non-Participating Lender means any holder of an Allowed Class 3 Claim that is not a New Facility Lender or one of the Additional New Lenders.

Non-Participating Lender shall have the meaning assigned to such term in Section 2.20(b). “Non-U.S. Lender” shall have the meaning assigned to such term in Section 2.15(f). “Note” shall mean a promissory note delivered by the Borrower pursuant to Section 2.07(d) and substantially in the form of Exhibit H. “Obligations” shall mean all amounts owing to any of the Agents, any Lender or any other Secured Party pursuant to the terms of this Agreement or any other Loan Document, or to any Specified Swap Counterparty pursuant to the terms of any Secured Swap Agreement, or pursuant to the terms of any Guarantee thereof, including with respect to any Loan, Secured Swap Agreement or other agreement, and all other obligations and liabilities of the Loan Parties of any kind and description to the Agents, any Lender or any other Secured Party, in each case, whether direct or indirect (including those acquired by assumption), absolute or contingent, due or to become due, now existing or hereafter arising and whether on account of principal, interest, fees, indemnities, costs, expenses, guarantee obligations or otherwise, which may arise under, out of, or in connection with, this Agreement or any other Loan Document, and including interest and fees that accrue after the commencement by or against any Loan Party or any Affiliate thereof of any proceeding under any bankruptcy or insolvency laws naming such Person as the debtor in such proceeding, regardless of whether such interest and fees are allowed claims in such proceeding; provided, that at no time shall Obligations include any Excluded Swap Obligations. “OFAC” shall mean the Office of Foreign Assets Control of the U.S. Department of the Treasury. “OID” shall have the meaning assigned to such term in Section 2.20(d)(viii). “Operating Expenses” shall mean all costs and expenses of the Borrower and Holding incurred by the Borrower and Holding pursuant to or in respect of the Loan Documents (other than Fees). “Organizational Documents” shall mean (i) with respect to any corporation or company, its certificate, memorandum or articles of incorporation, organization or association, as amended, and its by- laws, as amended, (ii) with respect to any limited partnership, its certificate or declaration of limited partnership, as amended, and its partnership agreement, as amended, (iii) with respect to any general partnership, its partnership agreement, as amended, and (iv) with respect to any limited liability company, its articles of organization, as...

Non-Participating Lender is a Lender that (i) does not execute the Restructuring Support Agreement and (ii) (x) votes to reject an Acceptable Plan of Reorganization or (y) fails to properly submit a ballot.