Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 or 2.13(a) with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDED, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDED, FURTHER, that nothing in this Section shall affect or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 or 2.13(a).
Appears in 4 contracts
Samples: Revolving Credit Agreement (Bunge LTD), Revolving Credit Agreement (Bunge LTD), Credit Agreement (Rodamco North America N V)
Change of Lending Office. Each Lender agrees that, upon the ------------------------ occurrence of any event giving rise to the operation of Section 2.12 2.18 or 2.13(a2.19(a) with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such -------- designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section 2.21 shall -------- ------- affect or postpone any of the obligations of the any Borrower or the rights of any Lender pursuant to Section 2.12 2.18 or 2.13(a2.19(a).
Appears in 4 contracts
Samples: Credit Agreement (Details Inc), Credit Agreement (Details Inc), Credit Agreement (Hilfiger Tommy Corp)
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.13, 2.14(a), or 2.13(a2.14(d) with respect to such Lender, it will, if requested by the Parent Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) offices to suffer no material economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the any Borrower or the rights of any Lender pursuant to Section 2.12 2.13, 2.14(a), or 2.13(a2.14(d).
Appears in 4 contracts
Samples: Credit Agreement (Colony Capital, Inc.), Fourth Amendment (Colony Capital, Inc.), Credit Agreement (Colony Credit Real Estate, Inc.)
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.18 or 2.13(a2.19(a) with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Term Loans affected by such event with the object of avoiding the consequences of such event; PROVIDED, provided that such designation is made on terms that, in the sole good faith judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 2.18 or 2.13(a2.19(a).
Appears in 4 contracts
Samples: Credit Agreement (Calpine Corp), Credit Agreement (Micron Technology Inc), Credit Agreement (Calpine Corp)
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 or 2.13(a) with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Revolving Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 or 2.13(a).
Appears in 4 contracts
Samples: Credit Agreement (Take Two Interactive Software Inc), Credit Agreement (Synopsys Inc), Credit Agreement (Novellus Systems Inc)
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.13, 2.14(a), or 2.13(a2.14(d) with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) offices to suffer no material economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 2.13, 2.14(a), or 2.13(a2.14(d).
Appears in 4 contracts
Samples: Credit Agreement (Colony NorthStar, Inc.), Credit Agreement (Colony Capital, Inc.), Credit Agreement (Colony Financial, Inc.)
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.19 or 2.13(a2.20(a) with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans and other extensions of credit affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the any Borrower or the rights of any Lender pursuant to Section 2.12 2.19 or 2.13(a2.20(a).
Appears in 3 contracts
Samples: Amendment and Restatement Agreement (Tw Telecom Inc.), Credit Agreement (Time Warner Telecom Inc), Credit Agreement (Time Warner Telecom Inc)
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 4.9 or 2.13(a4.10(a) or (c) with respect to such Lender, it will, if requested by the BorrowerCedar Fair LP, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the Borrower Borrowers or the rights of any Lender pursuant to Section 2.12 4.9 or 2.13(a4.10(a) or (c).
Appears in 3 contracts
Samples: Credit Agreement (Cedar Fair L P), Credit Agreement (Cedar Fair L P), Credit Agreement (Cedar Fair L P)
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.14, 2.15(a) or 2.13(a) 2.17 with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Revolving Credit Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the any Borrower or the rights of any Lender pursuant to Section 2.12 2.14, 2.15(a) or 2.13(a)2.17.
Appears in 3 contracts
Samples: Credit Agreement (Sba Communications Corp), Credit Agreement (Sba Communications Corp), Amendment and Restatement (Sba Communications Corp)
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.15 or 2.13(a2.16(a) with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans or Letters of Credit affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 2.15 or 2.13(a2.16(a).
Appears in 3 contracts
Samples: Credit Agreement (CalAtlantic Group, Inc.), Credit Agreement (Standard Pacific Corp /De/), Credit Agreement (Standard Pacific Corp /De/)
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.13, 2.14(a) or 2.13(a) 2.16 with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 2.13, 2.14(a) or 2.13(a)2.16.
Appears in 3 contracts
Samples: Revolving Credit Agreement (B&g Foods Holdings Corp), Credit Agreement (Tesoro Corp /New/), Polaner Inc
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.13 or 2.13(a2.14(a) with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such eventevent or take such actions as the Borrower may reasonably request; PROVIDEDprovided, that such designation is made on terms no Lender shall be obligated to take any action that, in the sole judgment of such Lender, would cause such Lender and its lending office(s) to suffer no any economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 2.13 or 2.13(a2.14(a).
Appears in 3 contracts
Samples: Senior Credit Agreement (AerCap Holdings N.V.), Senior Credit Agreement (AerCap Holdings N.V.), Senior Credit Agreement (AerCap Holdings N.V.)
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 or 2.12, 2.13(a) or 2.15 with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDED, provided that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the any Borrower or the rights of any Lender pursuant to Section 2.12 2.12, 2.13(a) or 2.13(a)2.15.
Appears in 3 contracts
Samples: Credit Agreement (Rotech Healthcare Inc), Credit Agreement (Rotech Healthcare Inc), Credit Agreement (Rotech Healthcare Inc)
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.15 or 2.13(a2.16(a) with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Term Loans affected by such event with the object of avoiding the consequences of such event; PROVIDED, provided that such designation is made on terms that, in the sole good faith judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 2.15 or 2.13(a2.16(a).
Appears in 3 contracts
Samples: Term Loan Credit Agreement (Micron Technology Inc), Term Loan Credit Agreement (Micron Technology Inc), Term Loan Credit Agreement (Micron Technology Inc)
Change of Lending Office. Each Lender agrees that, upon the ------------------------ occurrence of any event giving rise to the operation of Section 2.12 2.17, 2.18(a) or 2.13(a) 2.20 with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such -------- designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect -------- ------- or postpone any of the obligations of the any Borrower or the rights of any Lender pursuant to Section 2.12 2.17, 2.18(a) or 2.13(a)2.20.
Appears in 3 contracts
Samples: Credit Agreement (Sba Communications Corp), Credit Agreement (Infonet Services Corp), Credit Agreement (Sba Communications Corp)
Change of Lending Office. Each Lender agrees that, upon the ------------------------ occurrence of any event giving rise to the operation of Section 2.12 2.13 or 2.13(a2.14(a) with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such -------- designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect -------- ------- or postpone any of the obligations of the any Borrower or the rights of any Lender pursuant to Section 2.12 2.13 or 2.13(a2.14(a).
Appears in 3 contracts
Samples: Credit Agreement (Bedding Experts Inc), Insight Communications Co Inc, Coaxial LLC
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 or 2.13(a) Sections 2.13, 2.14 and 2.15 with respect to such Lender, it will, if requested by the Borrower, use commercially reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDED, provided that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its respective lending office(s) offices to suffer no material economic, legal or regulatory disadvantage; and provided, and PROVIDED, FURTHERfurther, that nothing in this Section 2.17 shall affect or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 or 2.13(a)Sections 2.13, 2.14 and 2.15.
Appears in 3 contracts
Samples: Credit Agreement (Solutia Inc), Credit Agreement (Solutia Inc), Credit Agreement (Solutia Inc)
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 4.1, 4.2(b), 4.3 or 2.13(a) 4.6 with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section 4.7 shall affect or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 4.1, 4.2(b), 4.3 or 2.13(a)4.6.
Appears in 3 contracts
Samples: Credit Agreement (V F Corp), Credit Agreement (V F Corp), Credit Agreement (V F Corp)
Change of Lending Office. Each Lender agrees that, upon the ------------------------ occurrence of any event giving rise to the operation of Section 2.12 2.15 or 2.13(a2.16(a) with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such -------- designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect -------- ------- or postpone any of the obligations of the any Borrower or the rights of any Lender pursuant to Section 2.12 2.15 or 2.13(a2.16(a).
Appears in 3 contracts
Samples: Credit Agreement (Intira Corp), Credit Agreement (Lexar Media Inc), Guarantee and Collateral Agreement (Lexar Media Inc)
Change of Lending Office. Each Lender agrees that, upon that on the occurrence of any event giving rise to the operation of Section 2.12 1.10(a)(ii) or 2.13(a) (iii), Section 1.10(c), Section 2.05 or Section 4.04 with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans or Letters of Credit affected by such event with the object of avoiding the consequences of such event; PROVIDED, provided that such designation is made on such terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to office suffer no economic, legal or regulatory disadvantage, and PROVIDED, FURTHER, that nothing with the object of avoiding the consequence of the event giving rise to the operation of any such Section. Nothing in this Section 1.12 shall affect or postpone any of the obligations of the Borrower or the rights right of any Lender pursuant to Section 2.12 or 2.13(a)provided in Sections 1.10, 2.05 and 4.04.
Appears in 2 contracts
Samples: Security Agreement (Iasis Healthcare Corp), Southwest General Hospital Lp
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.16 or 2.13(a2.17(a) with respect to such Lender, it will, if requested by the any Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office office, including any other Affiliate, for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) offices to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the any Borrower or the rights of any Lender pursuant to Section 2.12 2.16 or 2.13(a2.17(a).
Appears in 2 contracts
Samples: Credit Agreement (Essent Group Ltd.), Credit Agreement (Essent Group Ltd.)
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 3.9, 3.10(a) or 2.13(a) 3.15 with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans or Letters of Credit affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 3.9, 3.10(a) or 2.13(a)3.15.
Appears in 2 contracts
Samples: Credit Agreement (Del Laboratories Inc), Credit Agreement (Del Laboratories Inc)
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.14, 2.15(a) or 2.13(a) 2.17 with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Term Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 2.14, 2.15(a) or 2.13(a)2.17.
Appears in 2 contracts
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.16, 2.17(a) or 2.13(a2.18(a) with respect to such Lender, it will, if requested by the BorrowerCompany, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the Borrower Borrowers or the rights of any Lender pursuant to Section 2.12 2.16, 2.17(a) or 2.13(a2.18(a).
Appears in 2 contracts
Samples: Credit Agreement (Mirant Corp), Guarantee Agreement (Rri Energy Inc)
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 3.6 or 2.13(a3.7(a) with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Term Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 3.6 or 2.13(a3.7(a).
Appears in 2 contracts
Samples: Term Loan Agreement (Haights Cross Communications Inc), Term Loan Agreement (Haights Cross Communications Inc)
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.18 or 2.13(a2.19(a) or (d) with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) offices to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section 2.21 shall affect or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 2.18 or 2.13(a2.19(a) or (d).
Appears in 2 contracts
Samples: Credit Agreement (SunCoke Energy, Inc.), Credit Agreement (SunCoke Energy, Inc.)
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.11 or 2.13(a2.12(a) with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Revolving Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 2.11 or 2.13(a2.12(a).
Appears in 2 contracts
Samples: Subordinated Credit Agreement (Virgin Mobile USA, Inc.), Guarantee and Collateral Agreement (Virgin Mobile USA, Inc.)
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 4.9, 4.10(a) or 2.13(a4.10(b) with respect to such Lender, it will, if requested by the BorrowerBorrowers, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the Borrower Borrowers or the rights of any Lender pursuant to Section 2.12 4.9, 4.10(a) or 2.13(a4.10(b).
Appears in 2 contracts
Samples: Secured Revolving Credit Agreement (Monster Worldwide Inc), Secured Revolving Credit Agreement (Monster Worldwide Inc)
Change of Lending Office. Each Lender agrees that, upon the ------------------------ occurrence of any event giving rise to the operation of Section 2.12 2.17, 2.18, or 2.13(a) 2.20 with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section 2.21 shall affect or postpone any of the obligations of the any Borrower or the rights of any Lender pursuant to Section 2.12 2.17, 2.18 or 2.13(a)2.20.
Appears in 2 contracts
Samples: Credit Agreement (Nationwide Credit Inc), Credit Agreement (Nationwide Credit Inc)
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.14 or 2.13(a2.15(a) or (e) with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 2.14 or 2.13(a2.15(a) or (e).
Appears in 2 contracts
Samples: Credit Agreement (Apollo Global Management LLC), Credit Agreement (Apollo Global Management LLC)
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 subsection 2.14, 2.15(a) or 2.13(a) 2.17 with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section subsection 2.18 shall affect or postpone any of the obligations of the any Borrower or the rights of any Lender pursuant to Section 2.12 subsection 2.14, 2.15(a) or 2.13(a)2.17.
Appears in 2 contracts
Samples: Credit Agreement (Tesoro Petroleum Corp /New/), Tesoro Petroleum Corp /New/
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 10.1(c) or 2.13(a) Section 10.3 with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding or minimizing the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section 10.10 shall affect or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 this Agreement or 2.13(a)any other Loan Document.
Appears in 2 contracts
Samples: Credit Agreement (Brickman Group LTD), Credit Agreement (Brickman Group LTD)
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.15 or 2.13(a2.16 (a) or (d) with respect to such Lender, it will, if requested by the BorrowerBorrowers’ Agent, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) offices to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section 2.18 shall affect or postpone any of the obligations of the Borrower Borrowers or the rights of any Lender pursuant to Section 2.12 2.15 or 2.13(a2.16(a) or (d).
Appears in 2 contracts
Samples: Credit Agreement, Term Loan Credit Agreement
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.13 or 2.13(aSection 2.14(a) or (d) with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 2.13 or 2.13(aSection 2.14(a) or (d).
Appears in 2 contracts
Samples: Credit Agreement (Blueknight Energy Partners, L.P.), Credit Agreement (Blueknight Energy Partners, L.P.)
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 3.9 or 2.13(a3.10(a) with respect to such Lender, it will, if requested by the BorrowerCo-Borrowers, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Revolving Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the Borrower Co-Borrowers or the rights of any Lender pursuant to Section 2.12 3.9 or 2.13(a3.10(a).
Appears in 2 contracts
Samples: Credit Agreement (Chesapeake Energy Corp), Credit Agreement (Chesapeake Energy Corp)
Change of Lending Office. Each Lender agrees that, upon the ------------------------ occurrence of any event giving rise to the operation of Section 2.12 2.16 or 2.13(a2.17(a) with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such -------- designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect -------- ------- or postpone any of the obligations of the any Borrower or the rights of any Lender pursuant to Section 2.12 2.16 or 2.13(a2.17(a).
Appears in 2 contracts
Samples: Credit Agreement (Specrite Brake Co), Credit Agreement (Time Warner Telecom Inc)
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.19, 2.20 or 2.13(a) 2.22 with respect to such Lender, it will, if requested by the BorrowerBorrower or a Guarantor, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the Borrower or the rights of any Borrower or Lender pursuant to Section 2.12 2.19, 2.20 or 2.13(a)2.22.
Appears in 2 contracts
Samples: Credit Agreement (Wynn Resorts LTD), Credit Agreement (Wynn Las Vegas LLC)
Change of Lending Office. Each Lender agrees that, that upon the occurrence of any event giving rise to the operation of increased costs or other special payments under Sections 3.5(a)(ii) and (iii), Section 2.12 3.5(c), Section 2.8(i) or 2.13(aSection 4.8(c) with respect to such Lender, it will, if requested by the BorrowerFunds Administrator, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office Lending Office for any Loans or Letters of Credit affected by such event with the object of avoiding the consequences of such event; PROVIDED, provided that such designation is made on such terms that, in the sole judgment of such Lender, cause that such Lender and its lending office(s) to Lending Office suffer no economic, legal or regulatory disadvantage, and PROVIDED, FURTHER, that nothing with the object of avoiding the consequence of the event giving rise to the operation of such Section. Nothing in this Section 3.7 shall affect or postpone any of the obligations Obligations of the Borrower Borrowers or the rights of any Lender pursuant to Section 2.12 or 2.13(a)provided in this Agreement.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Huntsman LLC), Revolving Credit Agreement (Huntsman Petrochemical Finance Co)
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.18 or 2.13(a2.19(a) or (d) with respect to such Lender, it will, if requested by the BorrowerBorrowers’ Agent, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) offices to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section 2.21 shall affect or postpone any of the obligations of the Borrower Borrowers or the rights of any Lender pursuant to Section 2.12 2.18 or 2.13(a2.19(a) or (d).
Appears in 1 contract
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.14 or 2.13(a2.15(a) or (c) with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole reasonable judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 2.14 or 2.13(a2.15(a) or (c).
Appears in 1 contract
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation payment of additional amounts under Section 2.12 2.13 or 2.13(aSection 2.14(a) with respect to such LenderLender or if such Lender gives a notice described in Section 2.11(b), it will, if requested by the Borrower, will use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) offices to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 2.11(b), 2.13 or 2.13(a2.14(a).
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Marriott Vacations Worldwide Corp)
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.19, 2.20(a), 2.20(c) or 2.13(a) 2.22 with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDED, provided that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the any Borrower or the rights of any Lender pursuant to Section 2.12 2.19, 2.20(a), 2.20(c) or 2.13(a)2.22.
Appears in 1 contract
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.11 or 2.13(a2.12(a) with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any the Term Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the any Borrower or the rights of any Lender pursuant to Section 2.12 2.11 or 2.13(a2.12(a).
Appears in 1 contract
Samples: Credit Agreement (XCel Brands, Inc.)
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.18 or 2.13(a2.19(a) with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economiclegal, legal regulatory or regulatory material economic disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section 2.21 shall affect or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 2.18 or 2.13(a2.19(a).
Appears in 1 contract
Samples: Mortgage, Security Agreement (Metavante Technologies, Inc.)
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.14 or 2.13(a2.15(a) with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole but reasonable judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 2.14 or 2.13(a2.15(a).
Appears in 1 contract
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.19, 2.20(a) or 2.13(a) 2.22 with respect to such Lender, it will, if requested by the relevant Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or 40 regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the any Borrower or the rights of any Lender pursuant to Section 2.12 2.19, 2.20(a) or 2.13(a)2.22.
Appears in 1 contract
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.13, 2.14(a), or 2.13(a2.14(d) with respect to such Lender, it will, if requested by the Parent Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) offices to suffer no material economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the theany Borrower or the rights of any Lender pursuant to Section 2.12 2.13, 2.14(a), or 2.13(a2.14(d).
Appears in 1 contract
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.15 or 2.13(a) with 2.16(a)with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole and good faith judgment of such Lender, cause such Lender and its lending office(s) to suffer no unreimbursed economic, or material legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 2.15 or 2.13(a2.16(a).
Appears in 1 contract
Samples: Credit Agreement (Logan's Roadhouse of Kansas, Inc.)
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.8(a)(ii), 2.8(a)(iii), 2.8(b) or 2.13(a) 4.4 with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event event, with the object of avoiding the consequences consequence of the event giving rise to the operation of any such eventSection; PROVIDED, provided that such designation is made on such terms that, in the sole judgment of such Lender, cause that such Lender and its lending office(s) to office suffer no economic, legal or regulatory disadvantage, and PROVIDED, FURTHER, that nothing . Nothing in this Section 2.10 shall affect or postpone any of the obligations of the Borrower or the rights right of any Lender pursuant to provided in Section 2.12 2.8 or 2.13(a)4.4.
Appears in 1 contract
Samples: Senior Bridge Loan Agreement (Activant Solutions Inc /De/)
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 3.9 or 2.13(a3.10(a) with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Term Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 3.9 or 2.13(a3.10(a).
Appears in 1 contract
Samples: Interim Credit and Guarantee Agreement (Websense Inc)
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.19, 2.20(a) or 2.13(a) 2.22 with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Term Loans affected by such event with the object of avoiding the consequences of such event; PROVIDED, provided that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDED, FURTHER, provided further that nothing in this Section shall affect or postpone any of the obligations of the any Borrower or the rights of any Lender pursuant to Section 2.12 2.19, 2.20(a) or 2.13(a).2.22. SECTION 3 - [INTENTIONALLY OMITTED]
Appears in 1 contract
Change of Lending Office. Each Lender agrees that, upon that on the occurrence of any event giving rise to the operation of Section 2.12 1.10(a)(ii) or 2.13(a) (iii), Section 1.10(c), Section 2.06 or Section 4.04 with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans or Letters of Credit affected by such event with the object of avoiding the consequences of such event; PROVIDED, provided that such designation is made on such terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to office suffer no economic, legal legal, regulatory or regulatory other disadvantage, and PROVIDED, FURTHER, that nothing with the object of avoiding the consequence of the event giving rise to the operation of such Section. Nothing in this Section 1.12 shall affect or postpone any of the obligations of the Borrower or the rights right of any Lender pursuant to Section 2.12 or 2.13(a)provided in Sections 1.10, 2.06 and 4.04.
Appears in 1 contract
Change of Lending Office. Each Lender agrees that, upon the ------------------------ occurrence of any event giving rise to the operation of Section 2.12 3.12 or 2.13(a3.13(a) with respect to such Lender, it will, if requested by the relevant Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such -------- designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section 3.16 shall -------- ------- affect or postpone any of the obligations of the any Borrower or the rights of any Lender pursuant to Section 2.12 3.12 or 2.13(a3.13(a).
Appears in 1 contract
Samples: Agent Agreement (Exide Corp)
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 or 2.13(a) with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event or assign its rights and obligations hereunder to another of its offices, branches or affiliates with the object of avoiding the consequences of such eventevent ; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) offices to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 or 2.13(a).
Appears in 1 contract
Samples: Credit Agreement (AOL Inc.)
Change of Lending Office. Each Lender agrees that, upon the ------------------------------ occurrence of any event giving rise to the operation of Section 2.12 2.16 or 2.13(a2.17(a) with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such -------- designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect -------- ------- or postpone any of the obligations of the any Borrower or the rights of any Lender pursuant to Section 2.12 2.16 or 2.13(a2.17(a).
Appears in 1 contract
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.13 or 2.13(a2.14(a) or (b) with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole reasonable judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 2.13 or 2.13(a2.14(a) or (b).
Appears in 1 contract
Samples: Credit Agreement (Mirant Corp)
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.14, 2.15(a) or 2.13(a) 2.16 with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDED, provided that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no material economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section 2.18 shall affect or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 2.14, 2.15(a) or 2.13(a)2.16.
Appears in 1 contract
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.24(a), 2.24(b) or 2.13(a2.25(a) with respect to such Lender, it will, if requested by the BorrowerCompany, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the Borrower Company or the rights of any Lender pursuant to Section 2.12 2.24(a), 2.24(b) or 2.13(a2.25(a).
Appears in 1 contract
Change of Lending Office. Each The Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 or 2.12, 2.13(a) or 2.15 with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans the Loan or portion thereof affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section 2.16 shall affect or postpone any of the obligations of the Borrower or the rights of any the Lender pursuant to Section 2.12 2.12, 2.13(a) or 2.13(a)2.15.
Appears in 1 contract
Samples: Credit Agreement (Northwestern Corp)
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.13 or 2.13(a2.14(a) with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another 080599-0099-14744-15923445 lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) offices to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 2.13 or 2.13(a2.14(a).
Appears in 1 contract
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 or 2.13(a) with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Term Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the any Borrower or the rights of any Lender pursuant to Section 2.12 or 2.13(a).
Appears in 1 contract
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.17, 2.18(a) or 2.13(a) 2.19 with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDED, provided that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no material economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section 2.21 shall affect or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 2.17, 2.18(a) or 2.13(a)2.19.
Appears in 1 contract
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.13 or 2.13(a2.14(a) with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Revolving Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the any Borrower or the rights of any Lender pursuant to Section 2.12 2.13 or 2.13(a2.14(a).
Appears in 1 contract
Change of Lending Office. Each Lender agrees that, upon the ------------------------ occurrence of any event giving rise to the operation of Section 2.12 2.16 or 2.13(a2.17(a) with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made -------- on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 2.16 or 2.13(a2.17(a).
Appears in 1 contract
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.10(a)(ii), 2.10(a)(iii) or 2.13(a2.10(b) with respect to such Lender, it will, if requested by the Borrower, either Co-obligor use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office Lending Office for any Loans affected by such event event, with the object of avoiding the consequences consequence of the event giving rise to the operation of any such eventSection; PROVIDED, provided that such designation is made on such terms that, in the sole judgment of such Lender, cause that such Lender and its lending office(s) to Lending Office suffer no economic, legal or regulatory disadvantage, and PROVIDED, FURTHER, that nothing . Nothing in this Section 2.12 shall affect or postpone any of the obligations of the Borrower Co-obligors’ or the rights right of any Lender pursuant to provided in Section 2.12 2.10 or 2.13(a)2.17.
Appears in 1 contract
Samples: Credit Agreement (Verso Paper Corp.)
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.14, 2.15 or 2.13(a) 2.16 with respect to such Lender, it will, if requested by the U.S. Borrower, use commercially reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDED, provided that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its respective lending office(s) offices to suffer no material economic, legal or regulatory disadvantage; and provided, and PROVIDED, FURTHERfurther, that nothing in this Section 2.18 shall affect or postpone any of the obligations of the Borrower Borrowers or the rights of any Lender pursuant to Section 2.12 or 2.13(a)Sections 2.14, 2.15 and 2.16.
Appears in 1 contract
Samples: Credit Agreement (Solutia Inc)
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 3.8, 3.9(a) or 2.13(a) 3.14 with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDED, provided that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage; and provided, and PROVIDED, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 3.8, 3.9(a) or 2.13(a)3.14.
Appears in 1 contract
Samples: Credit Agreement (CKX, Inc.)
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.11 or 2.13(a2.12(a) or (b) with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section 2.14 shall affect or postpone any of the obligations of the any Borrower or the rights of any Lender pursuant to Section 2.12 2.11 or 2.13(a2.12(a).
Appears in 1 contract
Samples: Senior Bridge Loan Agreement (Charter Communications Inc /Mo/)
Change of Lending Office. Each Lender agrees that, upon the ------------------------------ occurrence of any event giving rise to the operation of Section 2.12 3.12 or 2.13(a3.13(a) with respect to such Lender, it will, if requested by the relevant Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such -------- designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section 3.16 shall -------- ------- affect or postpone any of the obligations of the any Borrower or the rights of any Lender pursuant to Section 2.12 3.12 or 2.13(a3.13(a).
Appears in 1 contract
Change of Lending Office. Each Lender agrees that, upon the ------------------------ occurrence of any event giving rise to the operation of Section 2.12 2.17, 2.18(a) or 2.13(a) 2.20 with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such -------- designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect -------- or postpone any of the obligations of the any Borrower or the rights of any Lender pursuant to Section 2.12 2.17, 2.18(a) or 2.13(a)2.20.
Appears in 1 contract
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.19, 2.20(a) or 2.13(a) 2.22 with respect to such Lender, it will, if requested by the BorrowerBorrower Representative, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the any Borrower or the rights of any Lender pursuant to Section 2.12 2.19, 2.20(a) or 2.13(a)2.22.
Appears in 1 contract
Change of Lending Office. Each ------------------------ Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.19 or 2.13(a2.20(a) with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole -------- judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that -------- ------- nothing in this Section 2.23 shall affect or postpone any of the obligations of the any Borrower or the rights of any Lender pursuant to Section 2.12 2.19 or 2.13(a2.20(a).
Appears in 1 contract
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.19, 2.20(a) or 2.13(a) 2.22 with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDED, provided that such designation is made on terms that, in the sole good faith judgment of such Lender, cause such Lender and its lending office(s) to suffer no material economic, legal or regulatory disadvantage; provided, and PROVIDED, FURTHERfurther, that nothing in this Section 2.23 shall affect or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 2.19, 2.20(a) or 2.13(a).2.22. 73 [[6103614]]
Appears in 1 contract
Samples: Credit Agreement (Booz Allen Hamilton Holding Corp)
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.13 or 2.13(a2.14(a) with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Term Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 2.13 or 2.13(a2.14(a).
Appears in 1 contract
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.19, 2.20(a) or 2.13(a) 2.22 with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no material economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 2.19, 2.20(a) or 2.13(a)2.22.
Appears in 1 contract
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.13 or 2.13(a2.14(a) with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office office, including any other Affiliate, for any Loans affected by such 38 event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) offices to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 2.13 or 2.13(a2.14(a).
Appears in 1 contract
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.13 or 2.13(a2.14(a) with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Term Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no material economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 2.13 or 2.13(a2.14(a).
Appears in 1 contract
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 3.8, 3.9(a) or 2.13(a) 3.14 with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHER41 further, that nothing in this Section shall affect or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 3.8, 3.9(a) or 2.13(a)3.14.
Appears in 1 contract
Change of Lending Office. Each Lender agrees that, that upon the occurrence of any event giving rise to the operation of Section 2.12 2.10(a)(ii) or 2.13(a) (iii), Section 2.10(c), Section 3.06 or Section 5.04 with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans or Letters of Credit affected by such event with the object of avoiding the consequences of such event; PROVIDED, provided that such designation is made on such terms that, in the sole reasonable judgment of such Lender, cause such Lender and its lending office(s) to office suffer no economic, legal or regulatory disadvantage, and PROVIDED, FURTHER, that nothing with the object of avoiding the consequence of the event giving rise to the operation of such Section. Nothing in this Section 2.12 shall affect or postpone any of the obligations of the Borrower or the rights right of any Lender pursuant to Section 2.12 or 2.13(a)provided in Sections 2.10, 3.06 and 5.04.
Appears in 1 contract
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 3.10, 3.11 or 2.13(a3.12(a) with respect to such Lender, it will, if requested by the either Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the either Borrower or the rights of any Lender pursuant to Section 2.12 3.11 or 2.13(a3.12(a).
Appears in 1 contract
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.19, 2.20(a), 2.20(c) or 2.13(a) 2.22 with respect to such suchg Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDED, provided that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the any Borrower or the rights of any Lender pursuant to Section 2.12 2.19, 2.20(a), 2.20(c) or 2.13(a)2.22.
Appears in 1 contract
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.10 or 2.13(a) Section 2.9 with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans Advances affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantagedisadvantage and do not otherwise adversely affect such Lender, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 2.10 or 2.13(a)Section 2.9.
Appears in 1 contract
Samples: Credit and Security Agreement (Alpha Natural Resources, Inc.)
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.11, 2.12(a) or 2.13(a) 2.14 with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Term Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage; provided, and PROVIDED, FURTHERfurther, that nothing in this Section 2.15 shall affect or postpone any of the obligations of the any Borrower or the rights of any Lender pursuant to Section 2.12 2.11, 2.12(a) or 2.13(a)2.14.
Appears in 1 contract
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.17, 2.18(a) or 2.13(a) 2.20 with respect to such 47 42 Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the any Borrower or the rights of any Lender pursuant to Section 2.12 2.17, 2.18(a) or 2.13(a)2.20.
Appears in 1 contract
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 4.9 or 2.13(a4.10(a) with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Term Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that no such designation is shall be required unless such designation can be made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 4.9 or 2.13(a4.10(a).
Appears in 1 contract
Change of Lending Office. Each Lender agrees that, upon the ------------------------ occurrence of any event giving rise to the operation of Section 2.12 2.16 or 2.13(a2.17(a) with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such -------- designation is made on terms that, in the sole good faith judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section -------- ------- shall affect or postpone any of the obligations of the any Borrower or the rights of any Lender pursuant to Section 2.12 2.16 or 2.13(a2.17(a).
Appears in 1 contract
Samples: Credit Agreement (Banctec Inc)
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.12, 2.13 or 2.13(a) 2.14 with respect to such Lender, it will, if requested by the Borrower, use commercially reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDED, provided that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its respective lending office(s) offices to suffer no material economic, legal or regulatory disadvantage; and provided, and PROVIDED, FURTHERfurther, that nothing in this Section 2.16 shall affect or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 or 2.13(a)Sections 2.12, 2.13 and 2.14.
Appears in 1 contract
Samples: Credit Agreement (Solutia Inc)
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.15 or 2.13(a2.16(a) with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans and other extensions of credit affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the any Borrower or the rights of any Lender pursuant to Section 2.12 2.15 or 2.13(a2.16(a).
Appears in 1 contract
Change of Lending Office. Each Lender agrees that, upon the ------------------------------- occurrence of any event giving rise to the operation of Section 2.12 2.20 or 2.13(a2.21(a) with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such -------- designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect -------- ------- or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 2.20 or 2.13(a2.21(a).
Appears in 1 contract
Samples: Credit Agreement (Agl Resources Inc)
Change of Lending Office. Each Lender agrees that, upon the ------------------------ occurrence of any event giving rise to the operation of Section 2.12 2.15 or 2.13(a2.16(a) with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Revolving Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such -------- designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect -------- ------- or postpone any of the obligations of the any Borrower or the rights of any Lender pursuant to Section 2.12 2.15 or 2.13(a2.16(a).
Appears in 1 contract
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 or 2.13(a3.6(a) with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that no such designation is shall be required unless such designation can be made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section 3.7 shall affect or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 or 2.13(a3.6(a).
Appears in 1 contract
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 10.1(c) or 2.13(a) Section 10.3 with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding or minimizing the consequences of such event; PROVIDED, provided that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section 10.10 shall affect or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 this Agreement or 2.13(a)any other Loan Document.
Appears in 1 contract
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 4.9 or 2.13(a4.10(a) with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding or mitigating the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 4.9 or 2.13(a4.10(a).
Appears in 1 contract
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.16(c), Section 2.16(d) or 2.13(aSection 2.17(a) with respect to such Lender, it will, if requested by the BorrowerBorrowers, use commercially reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDED, provided that such designation is made on terms that, in the sole reasonable judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDED, FURTHER, ; provided further that nothing in this Section shall affect or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 2.16(c), Section 2.16(d) or 2.13(aSection 2.17(a).
Appears in 1 contract
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.13 or 2.13(a2.14(a) with respect to such Lender, it will, if requested by the any Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office office, including any other Affiliate, for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) offices to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section shall affect or postpone any of the obligations of the any Borrower or the rights of any Lender pursuant to Section 2.12 2.13 or 2.13(a2.14(a).
Appears in 1 contract
Samples: Credit Agreement (Essent Group Ltd.)
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 4.9, 4.10(a) or 2.13(a) 4.15 with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDEDprovided, that such designation is made on terms that, in the sole judgment -------- reasonable discretion of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHER-------- further, that nothing in this Section shall affect or postpone any of the ------- obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 4.9, 4.10(a) or 2.13(a).4.15
Appears in 1 contract
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.18 or 2.13(a2.19(a) with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDED, that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDED, FURTHER, that nothing in this Section 2.21 shall affect or postpone any of the obligations of the any Borrower or the rights of any Lender pursuant to Section 2.12 2.18 or 2.13(a2.19(a).
Appears in 1 contract
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.16, 2.17(a) or 2.13(a) 2.18 with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDED, provided that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no material economic, legal or regulatory disadvantage, and PROVIDEDprovided, FURTHERfurther, that nothing in this Section 2.20 shall affect or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 2.16, 2.17(a) or 2.13(a)2.18.
Appears in 1 contract
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.12(c), Section 2.12(d) or Section 2.13(a) with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDED, provided that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDED, FURTHER, ; provided further that nothing in this Section shall affect or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 2.12(c), Section 2.12(d) or Section 2.13(a).
Appears in 1 contract
Samples: Credit Agreement (Perficient Inc)
Change of Lending Office. Each Lender agrees that, upon the occurrence of any event giving rise to the operation of Section 2.12 2.13(c), Section 2.13(d) or 2.13(aSection 2.14(a) with respect to such Lender, it will, if requested by the Borrower, use reasonable efforts (subject to overall policy considerations of such Lender) to designate another lending office for any Loans affected by such event with the object of avoiding the consequences of such event; PROVIDED, provided that such designation is made on terms that, in the sole judgment of such Lender, cause such Lender and its lending office(s) to suffer no economic, legal or regulatory disadvantage, and PROVIDED, FURTHER, ; provided further that nothing in this Section shall affect or postpone any of the obligations of the Borrower or the rights of any Lender pursuant to Section 2.12 2.13(c), Section 2.13(d) or 2.13(aSection 2.14(a).
Appears in 1 contract
Samples: Credit Agreement (ShoreTel Inc)