Departing Lenders. 4.1 Certain Lenders have agreed that they shall no longer constitute Lenders under the Credit Agreement as of the Effective Date (each, a “Departing Lender”). Each Lender that executes and delivers a signature page hereto that identifies it as a Departing Lender shall constitute a Departing Lender as of the Effective Date. No Departing Lender shall have a Commitment on and after the Effective Date. Each Departing Lender shall cease to be a party to the Credit Agreement as of the Effective Date, with no rights, duties or obligations thereunder. The Administrative Agent is hereby authorized to take such steps under the Credit Agreement as reasonably required to give effect to the departure of the Departing Lenders, including, without limitation, reallocating outstanding obligations among the Lenders signatory hereto as of the Effective Date ratably based on their Commitments. All accrued and unpaid interest owing by the Borrower to each Departing Lender shall be paid to such Departing Lender as of the Effective Date. All other amounts owing to a Departing Lender shall be deemed paid by the Borrower to such Departing Lender as of the Effective Date. The consent of a Departing Lender is not required to give effect to the changes contemplated by this Amendment. The Borrower and each Lender agrees with and consents to the foregoing.
Departing Lenders. The parties hereto hereby acknowledge and agree that:
Departing Lenders. Each Departing Lender shall have received payment in full of all of its outstanding “Obligations” owing under the Existing Credit Agreement (other than obligations to pay contingent indemnity obligations and other contingent obligations owing to it under the “Loan Documents” as defined in the Existing Credit Agreement).
Departing Lenders. Certain Lenders have agreed that they shall no longer constitute Lenders under the Credit Agreement as of the date hereof (each, a “Departing Lender”). Each Lender that executes and delivers a signature page hereto that identifies it as a Departing Lender shall constitute a Departing Lender as of the date hereof. No Departing Lender shall have a Commitment on and after the date hereof. Each Departing Lender shall cease to be a party to the Credit Agreement as of the date hereof, with no rights, duties or obligations thereunder. All amounts owing to a Departing Lender shall be paid by the Borrower to such Departing Lender as of the date hereof. The consent of a Departing Lender is not required to give effect to the changes contemplated by this Amendment. The Administrative Agent is hereby authorized to take such steps under the Credit Agreement as reasonably required to give effect to the departure of the Departing Lenders, including, without limitation, reallocating outstanding obligations among the remaining Lenders ratably based on their Commitments.
Departing Lenders. Upon the effectiveness of this Agreement and the payment to the Departing Lenders of the Obligations due them, (a) the Departing Lenders shall have no further Commitments hereunder and (b) the Departing Lenders shall cease to have any rights or duties as Lenders hereunder; provided however, that the Departing Lenders shall remain entitled to indemnities hereunder which by their terms survive termination of this Agreement. 1.29 1.30
Departing Lenders. As used herein, the term “Departing Lender” means any Lender as defined in the Existing Credit Agreement that has a Commitment under (and as defined in) the Existing Credit Agreement but does not have a Commitment listed on Schedule 2.01 attached hereto. Each of the parties hereto agrees and confirms that after giving effect to this Amendment, from and after the Fourth Amendment Effective Date each Departing Lender’s Commitment shall be $0, its Commitment to make Loans, to purchase participations in L/C Obligations, to purchase participations in Swing Line Loans and to issue Letters of Credit and all other obligations of each Departing Lender as a Lender and an L/C Issuer under the Existing Credit Agreement shall be terminated, and each Departing Lender shall cease to be a Lender and an L/C Issuer for all purposes under the Loan Documents (other than in respect of any terms and conditions of the Existing Credit Agreement (including, without limitation, Section 10.04 or Section 10.13 thereof), which by their terms survive any cancellation of commitments, repayment in full of any Obligations or the termination of any Loan Document).
Departing Lenders. By its execution of this Amendment, each of the parties signatory hereto acknowledges and agrees that, upon the occurrence of the Effective Date, (a) each Departing Lender shall cease to be a Lender under the Credit Agreement and (b) each Departing Lender shall have no further rights or obligations as a Lender under the Credit Agreement, except to the extent of rights and obligations that survive a Lender’s assignment of its commitments pursuant to Section 11.5 of the Credit Agreement. Each Departing Lender is a party to this Amendment solely for the purpose of evidencing its agreement to Section 2(a), Section 3(b), and this Section 8. 9.
Departing Lenders. Notwithstanding Sections 2.10(b) or 11.11 of the Existing Credit Agreement, on the date hereof, Borrowers shall repay in full in cash all Obligations (other than Unasserted Contingent Obligations) owing to each of IA Clarington Floating Rate Income Fund, IA Clarington Core Plus Bond Fund, IA Clarington U.S. Dollar Floating Rate Income Fund, KJH Senior Loan Fund, Black Maple Capital Partners LP, Exodus Acquisition LLC and WhiteHawk Finance LLC (each, a “Departing Lender” and collectively, “Departing Lenders”) in the payoff amount set forth in the payoff letters provided to Borrowers and each Departing Lender by the Administrative Agent. Concurrently with each Departing Lender’s receipt of its payoff amount described above, such Departing Lender shall cease to be a party to the Credit Agreement and shall be released from all further obligations thereunder; provided, however, that such Departing Lender shall continue to be entitled to the benefits of Sections 4.04, 11.07, 12.05, 12.13 and 12.15 of the Credit Agreement as in effect immediately prior to the date hereof as if they were still a Lender. Each Departing Lender shall also be entitled to have its Obligations reinstated, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned, including upon the insolvency, bankruptcy, examinership, dissolution, liquidation or reorganization of any Borrower or any other Credit Party, or upon or as a result of the appointment of a receiver, examiner, intervenor or conservator of, or trustee or similar officer for, any Borrower or any other Credit Party or any substantial part of its property, or otherwise, as though such payments had not been made. Each party hereto explicitly agrees that it shall not assert any claims against the Departing Lenders under Sections 2.10(b) or 11.11 of the Existing Credit Agreement.
Departing Lenders. By its execution of this Amendment, each of the parties signatory hereto acknowledges and agrees that, upon the occurrence of the Amendment Effective Date, (a) each Departing Lender shall cease to be a Lender under the Credit Agreement and (b) each Departing Lender shall have no further rights or obligations as a Lender under the Credit Agreement (and each such Departing Lender’s Commitment under the Fourth Amended Credit Agreement is terminated and all of its obligations in respect of such Commitment or any extensions of credit under the Fourth Amended Credit Agreement and the other Loan Documents (as defined in the Fourth Amended Credit Agreement) are forever discharged), except to the extent of rights and obligations that survive a Lender’s assignment of its commitments pursuant to Section 10.06 of the Credit Agreement. Each Departing Lender is a party to this Amendment solely for the purpose of evidencing its agreement to Section 3(a) and this Section 9.
Departing Lenders. 14.6.1 If a Lender: (i) is a Defaulting Lender; (ii) seeks compensation under Section 12.1 or any payments under Section 12.2; (iii) refuses to give timely consent to an amendment, modification or waiver of this Agreement that, pursuant to Section 13.9.3, requires consent of all the Lenders, or all the Revolving Lenders or Term Lenders, as applicable (and the consent of the Required Lenders or the requisite number of Revolving Lenders or Term Lenders, as applicable, has been given with respect thereto) (a “Non-Consenting Lender”); (iv) invokes Section 12.3, which continues for at least thirty (30) days, unless all Lenders are invoking the same or (v) in the determination of AGCO or other applicable Governmental Authority has been found to be unsuitable as a financing party for any required license, consent, qualification or finding of suitability applicable to the Borrower’s registration under applicable Gaming Laws (collectively, the “Departing Lenders”), then the Borrower may:
