Public-Side Lender definition

Public-Side Lender has the meaning specified in Section 6.02.
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Public-Side Lender means each of Deerfield and each other Lender who, following the Closing Date, delivers written notice to the Borrower of such Lender’s election to become a “Public-Side Lender” under this Agreement, in each case, until and only to the extent that such Lender delivers written notice to the Borrower of such Lender’s election to no longer be a Public-Side Lender (subject to the right of such Lender to subsequently elect, by written notice to the Borrower, to elect to again be a Public-Side Lender). For the avoidance of doubt, a Public-Side Lender may elect, by written notice to the Borrower (with a copy to the Administrative Agent), to receive (or to provide that such Lender’s Outside Counsel shall receive) reports, notices and/or information that would not otherwise be provided to such Public-Side Lender, in a specified case or on an ongoing basis.
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Public-Side Lender means a Lender who has chosen not to receive any information containing material non-public information concerning Borrower or any of its Subsidiaries.
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Examples of Public-Side Lender in a sentence

  • Each Public-Side Lender shall designate individuals or advisors authorized to act on behalf of the Public-Side Lender to receive Borrower Materials not designated as “PUBLIC-SIDE” pursuant to the immediately preceding paragraph, including any notices pursuant to Section 6.03.

  • Upon the issuance of the Second Amendment Announcing Report, Holdings shall have Publicly Disclosed all Inside Information (if any) provided to any Public-Side Lender on or prior to the Second Amendment Effective Date.

  • Prior to market open on the second Business Day following the Third Amendment Effective Date, Holdings shall Publicly Disclose in a broadly distributed press release the terms of this Amendment and any other Inside Information provided to any Public-Side Lender on or prior to the Third Amendment Effective Date (the “Third Amendment Announcing Report”).

  • Prior to market open on the second Business Day following the Second Amendment Effective Date, Holdings .hall Publicly Disclose in a broadly distributed press release the terms of this Amendment and any other Inside Information provided to any Public-Side Lender on or prior to the Second Amendment Effective Date (the “Second Amendment Announcing Report”).

  • Notwithstanding the foregoing, each Public-Side Lender shall designate to the Agent one or more persons who are entitled to receive and view Borrower Materials containing MNPI to the same extent as Lenders that are not Public-Side Lenders.

  • It is understood and agreed that for purposes of this Agreement and the other Credit Documents, the failure of the Borrower or any other Credit Party to furnish any financial or other information to a Public-Side lender, solely virtue of such Lender’s status as a Public-Side Lender, shall not constitute a breach of this Section 8.07.

  • In the event that any Public-Side Lender has determined for itself to not access any information disclosed through IntraLinks, Debtdomain or otherwise, such Public-Side Lender acknowledges that (x) other Lenders may have availed themselves of such information and (y) neither any Loan Party nor any Agent has any responsibility for such Public-Side Lender’s decision to limit the scope of the information it has obtained in connection with this Agreement and the other Loan Documents.

  • In the event that any Public-Side Lender has determined for itself to not access any information disclosed through IntraLinks or otherwise, such Public-Side Lender acknowledges that (i) other Lenders may have availed themselves of such information and (ii) neither any Loan Party nor any Agent has any responsibility for such Public-Side Lender’s decision to limit the scope of the information it has obtained in connection with this Agreement and the other Loan Documents.

  • Upon the issuance of the Third Amendment Announcing Report, Holdings shall have Publicly Disclosed all Inside Information (if any) provided to any Public-Side Lender on or prior to the Third Amendment Effective Date.


More Definitions of Public-Side Lender

Public-Side Lender has the meaning specified therefor in Section 6.1.
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