Departing Banks Sample Clauses

Departing Banks. Upon the effectiveness hereof, each Departing Bank’s “Commitment” under the Existing Credit Agreement shall be terminated, each Departing Bank shall have received payment in full of all of the obligations under the Existing Credit Agreement (other than obligations to pay fees and expenses with respect to which the Borrower has not received an invoice, contingent indemnity obligations and other contingent obligations owing to it under the “Loan Documents” as defined in the Existing Credit Agreement) and the Departing Banks shall not be Banks hereunder.
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Departing Banks. XXXXXXX XXXXXXX BANK, as a Departing Bank By: /s/Xxxxxxxxx Xxxxx Name: Xxxxxxxxx Xxxxx Title: Senior Vice President HSBC BANK USA, N.A., as a Departing Bank By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Head of CSTF, North America CREDIT AGRICOLE CORPORATE & INVESTMENT BANK, as a Departing Bank and a resigning Issuing Bank By: /s/ Zali Win Name: Zali Win Title: Managing Director By: /s/ Xxxxxx Raguenez Name: Xxxxxx Raguenez Title: Head of ITB Americas 4823-5726-1249, v. 6 Annex I to Amendment No. 4 [AMENDMENTS TO CREDIT AGREEMENT] 4823-5726-1249, v. 6 Annex II to Amendment No. 4 SCHEDULE 2.01 Commitments Bank Working Capital Commitment Share Buyback DDTL Commitment Credit Percentage Coӧperatieve Rabobank U.A., New York Branch $40,000,000 $17,066,667 21.333333% Woodforest National Bank $35,000,000 $14,933,334 18.666667% BOKF, NA (dba Bank of Texas) $32,500,000 $13,866,667 17.333332% BancorpSouth Bank $20,000,000 $8,533,333 10.666667% Origin Bank $20,000,000 $8,533,333 10.666667% Veritex Community Bank (fka Green Bank) $20,000,000 $8,533,333 10.666667% Zions Bancorporation, N.A. dba Amegy Bank $20,000,000 $8,533,333 10.666667% $187,500,000 $80,000,000 100% 4823-5726-1249, v. 6 Annex III to Amendment No. 4 FORM OF EXHIBIT A-1 See attached. 4823-5726-1249, v. 6 Annex IV to Amendment No. 4 FORM OF EXHIBIT B-1 See attached. 4823-5726-1249, v. 6 Annex V to Amendment No. 4 FORM OF EXHIBIT B-2 See attached. 4823-5726-1249, v. 6 Annex VI to Amendment No. 4 FORM OF EXHIBIT G See attached. 4823-5726-1249, v. 6 Annex VII to Amendment No. 4 FORM OF EXHIBIT H See attached. 4823-5726-1249, v. 6 Annex VIII to Amendment No. 4 FORM OF EXHIBIT I See attached. 4823-5726-1249, v. 6 Annex IX to Amendment No. 4 Subordinated Creditor Consent The undersigned hereby: i.reaffirms the terms, conditions and obligations under and pursuant to the Subordination and Intercreditor Agreement dated as of May 19, 2017 (as amended, supplemented or otherwise modified from time to time, the “Subordination Agreement”) among the Parent, certain of the Co-Borrowers, Coöperatieve Rabobank U.A., New York Branch as Senior Agent (as defined in the Subordination Agreement) and the undersigned as Junior Creditor (as defined in the Subordination Agreement);
Sample 1
Departing Banks. Certain Banks have agreed that they shall no longer constitute Banks hereunder as of the Effective Date (each, a “Departing Bank”). Each Bank that executes and delivers a signature page hereto that identifies it as a Departing Bank shall constitute a Departing Bank as of the Effective Date. No Departing Bank shall have a Commitment on and after the Effective Date. Each Departing Bank shall cease to be a party hereto as of the Effective Date, with no rights, duties or obligations hereunder. All amounts owing to a Departing Bank shall be paid by the Borrower to such Departing Bank as of the Effective Date. The consent of a Departing Bank is not required to give effect to the changes contemplated hereby. The Administrative Agent is hereby authorized to take such steps hereunder as reasonably required to give effect to the departure of the Departing Banks, including, without limitation, reallocating outstanding obligations among the remaining Banks ratably based on their Commitments. The Borrower and each Bank agrees with and consents to the foregoing. In Witness Whereof, the parties hereto have caused this Agreement to be duly executed and delivered in New York, New York by their duly authorized representatives as of the day and year first above written. BLACK HILLS CORPORATION, a South Dakota corporation, as the Borrower By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Vice President - Treasurer Signature Page to Credit Agreement U.S. BANK NATIONAL ASSOCIATION as the Administrative Agent, as an Issuing Agent, as Swing Line Bank and as a Bank By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Vice President THE BANK OF NOVA SCOTIA as a Co-Syndication Agent, as an Issuing Agent and as a Bank By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Managing Director Signature Page to Credit Agreement UNION BANK, N.A. as a Co-Syndication Agent, as an Issuing Agent and as a Bank By: /s/ Xxxx Guilds Name: Xxxx Guilds Title: Director Signature Page to Credit Agreement XXXXX FARGO BANK, NATIONAL ASSOCIATION as a Co-Documentation Agent and as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Vice President ROYAL BANK OF CANADA as a Co-Documentation Agent and as a Bank By: /s/ Xxxxx Xxxxx XxXxxxxx Name: Xxxxx Xxxxx XxXxxxxx Title: Authorized Signatory Signature Page to Credit Agreement CoBank, ACB as a Bank By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Vice President JPMORGAN CHASE BANK, N.A. as a Bank By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Authorized Officer...
Sample 1
Departing Banks. Certain Banks have agreed that they shall no longer constitute Banks under the Credit Agreement as of the Omnibus Amendment Effective Date (each, a “Departing Bank”). Each Bank that executes and delivers a signature page hereto that identifies it as a Departing Bank shall constitute a Departing Bank as of the Omnibus Amendment Effective Date. No Departing Bank shall have a Commitment on and after the Omnibus Amendment Effective Date. Each Departing Bank shall cease to be a party to the Credit Agreement as of the Omnibus Amendment Effective Date, with no rights, duties or obligations thereunder. All amounts owing to a Departing Bank shall be paid by the Company to such Departing Bank as of the Omnibus Amendment Effective Date. The consent of a Departing Bank is not required to give effect to the changes contemplated by this Amendment. The Agent is hereby authorized to take such steps under the Credit Agreement as reasonably required to give effect to the departure of the Departing Banks, including, without limitation, reallocating outstanding obligations among the remaining Banks ratably based on their Commitments. The Company and each Bank agrees with and consents to the foregoing.
Sample 1

Related to Departing Banks

  • Exiting Lenders (a) Each Person executing this Amendment under the heading “Exiting Lenders” on the signature pages hereto, in its capacity as a lender under the Existing Credit Agreement (each, an “Exiting Lender”), is signing this Amendment for the purposes of amending the Existing Credit Agreement as contemplated by Section 1 and assigning its revolving commitment and/or the outstanding portion of the term A loan it holds under the Existing Credit Agreement on the Second Amendment Effective Date to one or more Lenders under the Amended Credit Agreement as described in the following sentence. Upon giving effect to this Amendment, (i) each Exiting Lender’s portion of the term A loan outstanding under the Existing Credit Agreement shall be fully assigned at par to one or more Lenders under the Amended Credit Agreement, and each Exiting Lender’s revolving commitment under the Existing Credit Agreement shall be fully assigned to one or more Lenders under the Amended Credit Agreement, in each case so that, after giving effect to such assignments, the Lenders under the Amended Credit Agreement shall have Commitments and Applicable Percentages as set forth on Schedule 1.01(b) attached hereto, (ii) no Exiting Lender shall be a Lender under the Amended Credit Agreement, (iii) no Exiting Lender shall have any rights, obligations or duties as a lender under CHAR1\1892749v6 the Amended Credit Agreement or any other Loan Document, except for any right, obligation or duty which by the express terms of the Existing Credit Agreement or any other Loan Document would survive termination of the Existing Credit Agreement or such other Loan Document, and (iv) the Loan Parties shall have no obligations or liabilities to any Exiting Lender, except for obligations or liabilities which by the express terms of the Existing Credit Agreement or any other Loan Document would survive termination of the Existing Credit Agreement or such other Loan Document.

  • Issuing Banks For purposes of this Section, the term “Lender” includes each Issuing Bank and the term “Applicable Law” includes FATCA.

  • LENDERS KeyBank, the other lending institutions which are party hereto and any other Person which becomes an assignee of any rights of a Lender pursuant to §18 (but not including any participant as described in §18). The Issuing Lender shall be a Lender, as applicable. The Swing Loan Lender shall be a Lender.

  • Increasing Lenders and New Lenders The Borrower may, prior to the Expiration Date, request that (1) the current Lenders (each, a “Current Lender”) increase their Revolving Credit Commitments (any Current Lender which elects to increase its Revolving Credit Commitment shall be referred to as an “Increasing Lender”) and/or (2) one or more new lenders (each, a “New Lender”) join this Agreement and provide a Revolving Credit Commitment hereunder, subject to the following terms and conditions:

  • Increasing Lenders Each Increasing Lender shall confirm its agreement to increase its Revolving Credit Commitment pursuant to an acknowledgement in a form acceptable to the Administrative Agent, signed by it and the Borrower and delivered to the Administrative Agent at least five (5) days before the effective date of such increase.

  • New Lenders (a) Each New Lender (a) represents and warrants that (i) it has full power and authority, and has taken all action necessary, to execute and deliver this Incremental Joinder Agreement and to consummate the transactions contemplated hereby and to become a Lender under the Credit Agreement, (ii) it meets the requirements to be an assignee under Section 11.06(b)(v) of the Credit Agreement, (iii) it has received a copy of the Credit Agreement, and has received or has been accorded the opportunity to receive copies of the most recent financial statements delivered pursuant to Section 6.01 thereof, as applicable, and such other documents and information as it deems appropriate to make its own credit analysis and decision to enter into this Incremental Joinder Agreement, (iv) it has, independently and without reliance upon the Administrative Agent or any other Lender and based on such documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Incremental Joinder Agreement, (v) if it is a Foreign Lender, attached hereto is any documentation required to be delivered by it pursuant to the terms of the Credit Agreement, duly completed and executed by such New Lender, and (vi) such New Lender is not and will not be (A) an employee benefit plan subject to Title I of ERISA, (B) a plan or account subject to Section 4975 of the Internal Revenue Code, (C) an entity deemed to hold “plan assets” of any such plans or accounts for purposes of ERISA or the Internal Revenue Code, or (D) a “governmental plan” within the meaning of ERISA.; and (b) agrees that (i) it will, independently and without reliance on the Administrative Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under the Loan Documents, and (ii) it will perform in accordance with their terms all of the obligations which by the terms of the Loan Documents are required to be performed by it as a Lender.

  • Commitment of the Lenders (a) Each Lender, severally and not jointly with any other Lender, agrees, upon the terms and subject to the conditions herein set forth, to make Credit Extensions to or for the benefit of the Borrowers, on a revolving basis, subject in each case to the following limitations:

  • Issuing Bank Agreements Each Issuing Bank agrees that, unless otherwise requested by the Administrative Agent, such Issuing Bank shall report in writing to the Administrative Agent (i) on the first Business Day of each week, the daily activity (set forth by day) in respect of Letters of Credit during the immediately preceding week, including all issuances, extensions, amendments and renewals, all expirations and cancellations and all disbursements and reimbursements, (ii) on or prior to each Business Day on which such Issuing Bank expects to issue, amend, renew or extend any Letter of Credit, the date of such issuance, amendment, renewal or extension, and the aggregate face amount of the Letters of Credit to be issued, amended, renewed or extended by it and outstanding after giving effect to such issuance, amendment, renewal or extension occurred (and whether the amount thereof changed), it being understood that such Issuing Bank shall not permit any issuance, renewal, extension or amendment resulting in an increase in the amount of any Letter of Credit to occur without first obtaining written confirmation from the Administrative Agent that it is then permitted under this Agreement, (iii) on each Business Day on which such Issuing Bank makes any LC Disbursement, the date of such LC Disbursement and the amount of such LC Disbursement, (iv) on any Business Day on which any Borrower fails to reimburse an LC Disbursement required to be reimbursed to such Issuing Bank on such day, the date of such failure and the amount and currency of such LC Disbursement and (v) on any other Business Day, such other information as the Administrative Agent shall reasonably request.

  • SPV Lender Notwithstanding anything to the contrary contained herein, any Lender (a “Granting Lender”) may grant to a special purpose funding vehicle (a “SPV”), identified as such in writing from time to time by the Granting Lender to the Administrative Agent and the Borrower, the option to provide to the Borrower all or any part of any Loan that such Granting Lender would otherwise be obligated to make the Borrower pursuant to this Agreement; provided that (i) nothing herein shall constitute a commitment by any SPV to make any Loan and (ii) if an SPV elects not to exercise such option or otherwise fails to provide all or any part of such Loan, the Granting Lender shall be obligated to make such Loan pursuant to the terms hereof. The making of a Loan by an SPV hereunder shall utilize the Commitment of the Granting Lender to the same extent, and as if, such Loan were made by such Granting Lender. Each party hereto hereby agrees that no SPV shall be liable for any indemnity or similar payment obligation under this Agreement (all liability for which shall remain with the Granting Lender). In furtherance of the foregoing, each party hereto hereby agrees (which agreement shall survive the termination of this Agreement) that, prior to the date that is one year and one day after the payment in full of all outstanding commercial paper or other senior indebtedness of any SPV, it shall not institute against, or join any other person in instituting against, such SPV any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings under the laws of the United States or any State thereof. In addition, notwithstanding anything to the contrary contained in this Section 13.6, any SPV may (i) with notice to, but without the prior written consent of, the Borrower and the Administrative Agent and without paying any processing fee therefor, assign all or a portion of its interests in any Loans to the Granting Lender or to any financial institutions (consented to by the Borrower and Administrative Agent) providing liquidity and/or credit support to or for the account of such SPV to support the funding or maintenance of Loans and (ii) disclose on a confidential basis any non-public information relating to its Loans to any rating agency, commercial paper dealer or provider of any surety, guarantee or credit or liquidity enhancement to such SPV. This Section 13.6(g) may not be amended without the written consent of the SPV. Notwithstanding anything to the contrary in this Agreement, (x) no SPV shall be entitled to any greater rights under Sections 2.10, 2.11 and 5.4 than its Granting Lender would have been entitled to absent the use of such SPV and (y) each SPV agrees to be subject to the requirements of Sections 2.10, 2.11 and 5.4 as though it were a Lender and has acquired its interest by assignment pursuant to clause (b) of this Section 13.6.

  • Consenting Lenders The undersigned Lender hereby irrevocably and unconditionally approves the Amendment and consents to the certain amendments set forth therein. CIFC Funding 2012-II, Ltd. as a Lender (type name of the legal entity) By: CIFC Asset Management LLC, its Collateral Manager By: /s/ Xxxxxxxxx Xxxxx Name: Xxxxxxxxx Xxxxx Title: Authorized Signatory

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