Reallocation of Advances. Any reallocation of Advances among Committed Lenders pursuant to an assignment executed by such Committed Lender and its assignee(s) and delivered pursuant to Article XV or pursuant to a Joinder Agreement executed and delivered pursuant to Article XV in each case shall be wired by the applicable purchasing Lender(s) to the Collateral Custodian pursuant to the wiring instructions provided by the Collateral Custodian; provided that the Collateral Custodian shall not fund such wire until it has received an executed assignment agreement or Joinder Agreement, as applicable.
Reallocation of Advances. Any reallocation of Advances among Committed Lenders pursuant to an assignment agreement or a Joinder Agreement executed by such Committed Lender and its assignee(s) and delivered pursuant to Article XVI shall be wired by the applicable purchasing Lender(s) to the Paying Agent pursuant to the wiring instructions provided by the Paying Agent; provided that the Paying Agent shall not fund such wire until it has received an executed assignment agreement or Joinder Agreement, as applicable.
Reallocation of Advances. Any reallocation of Advances among Lenders pursuant to an Assignment and Acceptance executed by such Lender and its assignee(s) and delivered pursuant to Section 12.04 or pursuant to a Joinder Supplement executed and delivered pursuant to Section 12.04 in each case shall be wired by the applicable purchasing Lender(s) to the Collateral Agent pursuant to the wiring instructions provided by the Collateral Agent, and the Collateral Agent shall subsequently wire the funds related to such Advances (pro rata in accordance with each such Lender’s Commitment) to the applicable selling Lender(s) pursuant to the wiring instructions provided by such each selling Lender; provided that the Collateral Agent shall not fund such wire until it has received an executed Assignment and Acceptance or Joinder Supplement, as applicable.
Reallocation of Advances. Any reallocation of Advances among Committed Lenders pursuant to an assignment executed by such Committed Lender and its assignee(s) and delivered pursuant to Article XV shall be wired by the applicable purchasing Lender(s) to the Collateral Agent pursuant to the wiring instructions for the Principal Collection Account provided by the Collateral Agent and the Collateral Agent shall only release such funds at the direction of the Facility Agent and upon receipt of an executed assignment, as applicable. Article XXIIArticle XVI INDEMNIFICATION
Reallocation of Advances. 152 ARTICLE XVII INDEMNIFICATION................................................................................... 153
Reallocation of Advances. Any reallocation of Advances among the Lenders pursuant to an Assignment and Acceptance executed by a Lender(s) and its assignee(s) and delivered pursuant to Section 12.04 or pursuant to a Joinder Supplement executed and delivered pursuant to Section 12.04 in each case, shall be wired by the applicable purchasing Lender(s) to either (i) the Administrative Agent pursuant to the wiring instructions provided by the Administrative Agent, and the Administrative Agent shall subsequently wire the funds related to such Advances (pro rata in accordance with such Xxxxxx’s Commitment) to the applicable selling Lender(s) pursuant to the wiring instructions provided by such selling Lender(s), or (ii) directly to the applicable selling Lender(s) pursuant to the wiring instructions provided by such selling Lender(s); provided that the Administrative Agent or the purchasing Lender(s), as applicable, shall not fund such wire until the Administrative Agent and such purchasing Lender(s) have received an executed Assignment and Acceptance or Joinder Supplement, as applicable.
Reallocation of Advances. Any reallocation of Advances among Lenders pursuant to an assignment executed by such Xxxxxx and its assignee(s) and delivered pursuant to Article XV or pursuant to a Joinder Agreement executed and delivered pursuant to Article XV in each case shall be wired by the applicable purchasing Lender(s) to the Collateral Agent pursuant to the wiring instructions provided by the Collateral Agent; provided that the Collateral Agent shall not wire such amounts to the applicable selling Lender(s) until it has received an executed assignment agreement or Joinder Agreement, as applicable. -140- USActive 58353885.2
Reallocation of Advances. Any reallocation of Advances among Lenders pursuant to an Assignment and Acceptance executed by such Lender and its assignee(s) and delivered pursuant to Section 12.04 or pursuant to a Joinder Supplement executed and delivered pursuant to Section 12.04 in each and (xiii) waiving the occurrence of any Event of Default pursuant to Section 7.01(a), (b), (f), (g) (but solely with respect to a Servicer Default as defined pursuant to clauses (a), (d), (e), (h) or (i) of the definition thereof), (h), (j)(1), (j)(2), (k) or (o); and (y) the written consent of each Lender adversely affected thereby shall be required for any amendment, modification or waiver (i) extending or increasing the Commitment of any Lender (or reinstating any Commitment terminated pursuant to the terms hereof (including any extension of the “Commitment Termination Date” (including, in each case, any component definitions thereof) (and for the avoidance of doubt, such extended or increased Lender shall be deemed to be adversely affected)), (ii) modifying any other provision of this Agreement in a manner that would alter or render ineffective the order of priority or pro rata sharing of payments provided in any provision of this Agreement providing for pro rata sharing of payments, (iii) adversely affecting the rights of any Lender in a manner disproportionate to the effect of such amendment, modification or waiver on any other Lender, (iv) resulting in the incurrence of (or otherwise permitting the incurrence of) any senior or pari passu indebtedness or (v) modifying or waiving the provisions of Section 2.04.
Reallocation of Advances. If any Loans shall be outstanding, the Borrower shall have borrowed from each of the New Lenders and the Increasing Lenders, and the New Lenders and the Increasing Lenders shall have made Loans to the Borrower (in the case of Eurodollar Rate Loans, with Interest Period(s) ending on the date(s) of any then outstanding Interest Period(s)), and (notwithstanding the provisions of the Credit Agreement requiring that borrowings and prepayments be made ratably in accordance with the principal amounts of the Loans held by the Lenders) the Borrower shall have prepaid Loans held by the Lenders in such amounts as may be necessary, together with any amounts payable under Section 2.17 of the Credit Agreement as a result of such prepayment, so that after giving effect to such Loans and prepayments, the Loans (and Interest Period(s) of Eurodollar Rate Loan(s)) shall be held by the Lenders pro rata in accordance with the respective amounts of their Commitments (as modified hereby).
Reallocation of Advances. Not more than once every six months, DOE shall have the right, in its sole discretion, to deliver a written notice (the “Loan Reclassification Notice”) to the Borrower requesting the reclassification of all, or any portion, of (x) the outstanding Advances made under Note B secured by the ATVM Collateral into Advances made under Note A secured by the Existing Collateral or (y) the outstanding Advances made under Note A secured by the Existing Collateral into Advances made under Note B secured by the ATVM Collateral to ensure that the aggregate outstanding principal amount of the Advances under Note B on the date of such reclassification are approximately 40% of the estimated Net Book Value of the ATVM Collateral (including, for the avoidance of doubt, assets whose acquisition or Development by the Borrower has been or is to be financed with such Advance or any other Advances previously made hereunder but that are not yet included in the Asset Register) after giving effect to such reclassification; provided that in no event may the aggregate principal amount of Advances outstanding at any time under Note B exceed the aggregate amount of the then outstanding Advances the proceeds of which were used to fund capitalizable facilities and tooling. The Borrower shall execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, within a reasonable period following delivery of such Loan Reclassification Notice, such amendments or supplements hereto or to any other Loan Document, and such further instruments, and take such further actions, as may be necessary in DOE’s reasonable judgment to effectuate such reclassification of Advances.
