Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower may replace such Lender in accordance with Section 11.13.
Appears in 317 contracts
Samples: Credit Agreement (Bowman Consulting Group Ltd.), Credit Agreement (BGC Group, Inc.), Credit Agreement (Newmark Group, Inc.)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower may replace such Lender in accordance with Section 11.1310.13.
Appears in 183 contracts
Samples: Credit Agreement (Empire State Realty Trust, Inc.), Credit Agreement (Sonoco Products Co), Credit Agreement (McGrath Rentcorp)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the any Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower Company may replace such Lender in accordance with Section 11.1310.13.
Appears in 33 contracts
Samples: Credit Agreement (Celestica Inc), Credit Agreement (Celestica Inc), Credit Agreement (Benchmark Electronics Inc)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and3.01, and in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower may replace such Lender in accordance with Section 11.1310.13.
Appears in 29 contracts
Samples: Term Loan Credit Agreement (Nn Inc), Term Loan Credit Agreement (Nn Inc), Term Loan Credit Agreement (Nn Inc)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the any Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower Borrowers may replace such Lender in accordance with Section 11.1310.13.
Appears in 22 contracts
Samples: Credit Agreement (Smith & Wesson Brands, Inc.), Credit and Guaranty Agreement (Hologic Inc), Credit Agreement (Smith & Wesson Brands, Inc.)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower is Borrowers are required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower Borrowers may replace such Lender in accordance with Section 11.13.
Appears in 21 contracts
Samples: Credit Agreement (Forward Air Corp), Credit Agreement (Forward Air Corp), Credit Agreement (Sunrun Inc.)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower may replace such Lender or take any other actions in accordance with Section 11.1310.13.
Appears in 21 contracts
Samples: Credit Agreement (Nexstar Media Group, Inc.), Credit Agreement (Nexstar Media Group, Inc.), Credit Agreement (Nexstar Media Group, Inc.)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower is required to pay any Indemnified Taxes or any additional amounts amount to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined not or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower may replace such Lender in accordance with Section 11.1310.13.
Appears in 19 contracts
Samples: Credit Agreement (Telephone & Data Systems Inc /De/), Credit Agreement (Telephone & Data Systems Inc /De/), Credit Agreement (Telephone & Data Systems Inc /De/)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the any Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 3.01, and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower Company may replace such Lender in accordance with Section 11.1310.13.
Appears in 17 contracts
Samples: Credit Agreement (WEX Inc.), Credit Agreement (WEX Inc.), Credit Agreement (WEX Inc.)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and3.01, and in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower may replace such Lender in accordance with Section 11.13.
Appears in 16 contracts
Samples: Credit Agreement (TopBuild Corp), Term Loan Credit Agreement (Hyster-Yale Materials Handling, Inc.), Credit Agreement (TopBuild Corp)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower is required to pay any Indemnified Taxes or additional amounts amount to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office Lending Office in accordance with Section 3.06(a), the Borrower may replace such Lender in accordance with Section 11.1310.13.
Appears in 16 contracts
Samples: Credit Agreement (Tri-State Generation & Transmission Association, Inc.), Credit Agreement (Sequential Brands Group, Inc.), First Lien Credit Agreement (Sequential Brands Group, Inc.)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower is Borrowers are required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower Borrowers may replace such Lender in accordance with Section 11.1310.13.
Appears in 16 contracts
Samples: Credit Agreement, Credit Agreement (PetIQ, Inc.), Credit Agreement (PetIQ, Inc.)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower is required to pay any Indemnified Taxes or additional amounts amount to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 3.01, and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower may replace such Lender in accordance with Section 11.1310.13.
Appears in 15 contracts
Samples: Credit Agreement (Lowes Companies Inc), Credit Agreement (Lowes Companies Inc), Credit Agreement (Lowes Companies Inc)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the any Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower Company may replace such Lender in accordance with Section 11.13.
Appears in 14 contracts
Samples: Credit Agreement (Cboe Global Markets, Inc.), Credit Agreement (Lululemon Athletica Inc.), Credit Agreement (Cboe Global Markets, Inc.)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 3.01, and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower may replace such Lender in accordance with Section 11.1310.13.
Appears in 13 contracts
Samples: Term Loan Credit Agreement (Barnes & Noble Education, Inc.), Term Loan Credit Agreement (Barnes & Noble Education, Inc.), Term Loan Credit Agreement (Barnes & Noble Education, Inc.)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower may replace such Lender in accordance with Section 11.13.. 3.07
Appears in 11 contracts
Samples: Credit Agreement (Lamb Weston Holdings, Inc.), Execution Copy Credit Agreement (Babcock & Wilcox Enterprises, Inc.), Credit Agreement (Harmonic Inc)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the any Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office Lending Office in accordance with Section 3.06(a), the Borrower Company may replace such Lender in accordance with Section 11.13.
Appears in 9 contracts
Samples: Credit Agreement (GENTHERM Inc), Credit Agreement, Credit Agreement (GENTHERM Inc)
Replacement of Lenders. If any Lender requests compensation under Section 3.043.04 or delivers a notice under Section 3.02, or if the any Borrower is required to pay any Indemnified Taxes or additional amounts amount to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower Company may replace such Lender in accordance with Section 11.1310.13.
Appears in 9 contracts
Samples: Credit Agreement (Thermo Fisher Scientific Inc.), Credit Agreement (Thermo Fisher Scientific Inc.), Credit Agreement (Thermo Fisher Scientific Inc.)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if requires the Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, and such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower may replace such Lender in accordance with Section 11.1310.13.
Appears in 8 contracts
Samples: Credit Agreement (Echo Pharma Acquisition LTD), Senior Secured Bridge Credit Agreement (Echo Pharma Acquisition LTD), Credit Agreement (Echo Pharma Acquisition LTD)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the a Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower Company may replace such Lender in accordance with Section 11.13.
Appears in 8 contracts
Samples: Credit Agreement (Itt Inc.), Credit Agreement (ITT Inc.), Credit Agreement (Teledyne Technologies Inc)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower is Borrowers are required to pay any Indemnified Taxes or additional amounts amount to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower Borrowers may replace such Lender in accordance with Section 11.1310.13.
Appears in 8 contracts
Samples: Credit and Guaranty Agreement (Ventas, Inc.), Credit and Guaranty Agreement (Ventas, Inc.), Credit Agreement (Sabra Health Care REIT, Inc.)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, has invoked the provisions of Section 3.02, or if the Borrower is Borrowers are required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office Lending Office in accordance with Section 3.06(a)) that eliminates such increased compensation or other additional amounts, the Borrower Borrowers may replace such Lender in accordance with Section 11.1310.13.
Appears in 8 contracts
Samples: Credit Agreement (Lands' End, Inc.), Credit Agreement (Lands' End, Inc.), Credit Agreement (Lands' End, Inc.)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower may replace such Lender in accordance with Section 11.1310.13.
Appears in 8 contracts
Samples: Credit Agreement (Omega Healthcare Investors Inc), Credit Agreement (Omega Healthcare Investors Inc), Credit Agreement (Omega Healthcare Investors Inc)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the a Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower Borrowers may replace such Lender in accordance with Section 11.13.
Appears in 7 contracts
Samples: Credit Agreement (Chase Corp), Credit Agreement (Career Education Corp), Credit Agreement (Chase Corp)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 3.01, and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower may replace such Lender in accordance with Section 11.13.
Appears in 7 contracts
Samples: Credit Agreement (Braemar Hotels & Resorts Inc.), Credit Agreement (Ashford Inc.), Credit Agreement (Braemar Hotels & Resorts Inc.)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the any Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Domestic Borrower may replace such Lender in accordance with Section 11.13.
Appears in 7 contracts
Samples: Credit Agreement (Diodes Inc /Del/), Credit Agreement (Diodes Inc /Del/), Credit Agreement (Diodes Inc /Del/)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office Lending Office in accordance with Section 3.06(a), the Borrower may replace such Lender in accordance with Section 11.1310.16.
Appears in 7 contracts
Samples: Credit Agreement (Griffin-American Healthcare REIT III, Inc.), Credit Agreement (Griffin-American Healthcare REIT IV, Inc.), Credit Agreement (Griffin-American Healthcare REIT IV, Inc.)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower is required to pay any Indemnified Taxes or additional amounts amount to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 or if any Lender gives a notice pursuant to Section 3.02 (which has not been revoked) and, in each case, such the Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a)) which results in the elimination of the amounts payable pursuant to Section 3.01 and Section 3.04, the Borrower may replace such Lender in accordance with Section 11.1310.13.
Appears in 7 contracts
Samples: Credit Agreement (Greenbrier Companies Inc), Credit Agreement (Greenbrier Companies Inc), Credit Agreement (Greenbrier Companies Inc)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower is Borrowers are required to pay any Indemnified Taxes or any additional amounts amount to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office Lending Office in accordance with Section 3.06(a), the Borrower Borrowers may replace such Lender in accordance with Section 11.1310.13.
Appears in 7 contracts
Samples: Credit Agreement (LL Flooring Holdings, Inc.), Credit Agreement (Torrid Holdings Inc.), Credit Agreement (Torrid Holdings Inc.)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower Company is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower Company may replace such Lender in accordance with Section 11.1310.12.
Appears in 7 contracts
Samples: Assignment and Assumption (Conagra Brands Inc.), Term Loan Agreement (Conagra Brands Inc.), Term Loan Agreement (Conagra Brands Inc.)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower Company is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and3.01, and in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a3.05(a), the Borrower Company may replace such Lender in accordance with Section 11.1310.13.
Appears in 7 contracts
Samples: Credit Agreement (Sonic Automotive Inc), Credit Agreement (Sonic Automotive Inc), Credit Agreement (Sonic Automotive Inc)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the any Borrower is required to pay any Indemnified Taxes or any additional amounts amount to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower Borrowers may replace such Lender in accordance with Section 11.1310.13.
Appears in 7 contracts
Samples: Credit Agreement (Granite Construction Inc), Credit Agreement (Granite Construction Inc), Credit Agreement (Granite Construction Inc)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the any Borrower is required to pay any Indemnified Taxes or additional amounts amount to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower Company may replace such Lender in accordance with Section 11.1310.13.
Appears in 7 contracts
Samples: Credit Agreement (Mastec Inc), Term Loan Agreement (Mastec Inc), Credit Agreement (Mastec Inc)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower is Borrowers are required to pay any Indemnified Taxes or additional amounts amount to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 3.01, and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower Borrowers may replace such Lender in accordance with Section 11.1310.13.
Appears in 7 contracts
Samples: Credit Agreement (Barnes & Noble Education, Inc.), Credit Agreement (Barnes & Noble Education, Inc.), Credit Agreement (Barnes & Noble Inc)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower is required to pay any Indemnified Taxes or additional amounts amount to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower may replace such Lender in accordance with Section 11.13.
Appears in 7 contracts
Samples: Credit Agreement (Armstrong World Industries Inc), Credit Agreement (Armstrong World Industries Inc), Credit Agreement (HSN, Inc.)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office Lending Office in accordance with Section 3.06(a), the Borrower may replace such Lender in accordance with Section 11.13.
Appears in 7 contracts
Samples: Day Revolving Credit Agreement (Amazon Com Inc), Term Loan Agreement (Amazon Com Inc), Day Revolving Credit Agreement (Amazon Com Inc)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Parent Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Parent Borrower may replace such Lender in accordance with Section 11.1310.13.
Appears in 7 contracts
Samples: Credit Agreement (Arch Capital Group Ltd.), Credit Agreement (Arch Capital Group Ltd.), Credit Agreement (Arch Capital Group Ltd.)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 3.01, or if any Lender gives a notice pursuant to Section 3.02, and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower may replace such Lender in accordance with Section 11.13.
Appears in 7 contracts
Samples: Credit Agreement (Getty Realty Corp /Md/), Term Loan Credit Agreement (Getty Realty Corp /Md/), Credit Agreement (Getty Realty Corp /Md/)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 3.01, and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower may replace such Lender in accordance with Section 11.13.
Appears in 6 contracts
Samples: Credit Agreement (Dycom Industries Inc), Credit Agreement (Dycom Industries Inc), Credit Agreement (Dycom Industries Inc)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the any Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower Representative may replace such Lender in accordance with Section 11.13.
Appears in 6 contracts
Samples: Credit Agreement (Enpro Industries, Inc), Credit Agreement (Enpro Industries, Inc), Credit Agreement (Enpro Industries, Inc)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower any Loan Party is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower Borrowers may replace such Lender in accordance with Section 11.1310.13.
Appears in 6 contracts
Samples: Credit Agreement (Global Partners Lp), Credit Agreement (Global Partners Lp), Credit Agreement (Global Partners Lp)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(aSection3.06(a), the Borrower may replace such Lender in accordance with Section 11.13.
Appears in 6 contracts
Samples: Credit Agreement (Acadia Healthcare Company, Inc.), Credit Agreement (Acadia Healthcare Company, Inc.), Credit Agreement (Acadia Healthcare Company, Inc.)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office Lending Office in accordance with Section 3.06(a), the Borrower may replace such Lender in accordance with Section 11.1310.13.
Appears in 6 contracts
Samples: Credit Agreement (New York Times Co), Credit Agreement (New York Times Co), Credit Agreement (NorthStar Realty Europe Corp.)
Replacement of Lenders. If any Lender requests compensation under Section 3.043.04 or is unable to lend under Section 3.02, or if the Borrower is Borrowers are required to pay any Indemnified Taxes or additional amounts amount to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and3.01, and in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower Borrowers may replace such Lender in accordance with Section 11.1310.14.
Appears in 6 contracts
Samples: Credit Agreement (Casella Waste Systems Inc), Credit Agreement (Casella Waste Systems Inc), Credit Agreement (Casella Waste Systems Inc)
Replacement of Lenders. If any Lender requests compensation under Section 3.043.4, or if the Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 3.1 or if any Lender has given notice pursuant to Section 3.2 and, in each case, such Lender has declined not eliminated any such payments or is unable to designate the need for such notice by designating a different lending office Lending Office in accordance with Section 3.06(a3.6(a), the Borrower may replace such Lender in accordance with Section 11.1310.13.
Appears in 6 contracts
Samples: Revolving Credit Agreement (PBF Energy Co LLC), Revolving Credit Agreement (PBF Logistics LP), Revolving Credit Agreement (Philadelphia Energy Solutions Inc.)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower is Borrowers are required to pay any Indemnified Taxes or additional amounts amount to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 3.01, and, in each case, such Lender has declined or is unable to designate a different lending office Lending Office in accordance with Section 3.06(a), the Borrower Borrowers may replace such Lender in accordance with Section 11.1310.13.
Appears in 6 contracts
Samples: Credit Agreement (Highwoods Realty LTD Partnership), Credit Agreement (Highwoods Realty LTD Partnership), Credit Agreement (Highwoods Realty LTD Partnership)
Replacement of Lenders. If any Lender requests compensation under Section 3.043.02, or if the Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 3.01, or if any Lender gives a notice pursuant to Section 3.03, and, in each case, such Lender has declined or is unable to designate a different lending office Lending Office in accordance with Section 3.06(a3.05(a), the Borrower may replace such Lender in accordance with Section 11.13.
Appears in 6 contracts
Samples: Credit Agreement (Societal CDMO, Inc.), Credit Agreement (Societal CDMO, Inc.), Credit Agreement (Societal CDMO, Inc.)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Company or any other Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a3.05(a), the Borrower Company may replace such Lender in accordance with Section 11.1310.13.
Appears in 6 contracts
Samples: Credit Agreement (Asbury Automotive Group Inc), Credit Agreement (Asbury Automotive Group Inc), Credit Agreement (Asbury Automotive Group Inc)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the any Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined not eliminated such Indemnified Taxes or is unable to designate additional amounts by designating a different lending office in accordance with Section 3.06(a3.07(e), the Borrower Company may replace such Lender in accordance with Section 11.1310.13.
Appears in 6 contracts
Samples: Revolving Credit Agreement (Hasbro, Inc.), Revolving Credit Agreement (Hasbro, Inc.), Revolving Credit Agreement (Hasbro, Inc.)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower Company is required to pay any Indemnified Taxes or additional amounts to any Lender Recipient or any Governmental Authority for the account of any Lender Recipient pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower Company may replace such Lender in accordance with Section 11.1310.13.
Appears in 6 contracts
Samples: Credit Agreement (Starbucks Corp), Day Credit Agreement (Starbucks Corp), 364 Day Credit Agreement (Starbucks Corp)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the any Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the such Borrower may replace such Lender in accordance with Section 11.13.
Appears in 6 contracts
Samples: Credit Agreement (Carpenter Technology Corp), Credit Agreement (Carpenter Technology Corp), Credit Agreement (Carpenter Technology Corp)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the any Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower Borrowers may replace such Lender in accordance with Section 11.13.
Appears in 6 contracts
Samples: Credit Agreement (Stifel Financial Corp), Credit Agreement (Movado Group Inc), Credit Agreement (Euronet Worldwide, Inc.)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower may replace such Lender in accordance with Section 11.1310.14.
Appears in 5 contracts
Samples: Credit Agreement (Irobot Corp), Credit Agreement (Irobot Corp), Credit Agreement (Metals Usa Holdings Corp.)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, 3.04 or if the Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower Company may replace such Lender in accordance with Section 11.1310.13.
Appears in 5 contracts
Samples: Credit Agreement (American Capital, LTD), Credit Agreement (American Capital Senior Floating, Ltd.), Credit Agreement (American Capital, LTD)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 3.01, or if any Lender determines or any Governmental Authority has asserted that it is unlawful for such Lender or its Lending Office to make, maintain or fund Loans pursuant to Section 3.02 and, in each case, such Lender has declined or is unable to designate a different lending office Lending Office in accordance with Section 3.06(a), the Borrower may replace such Lender in accordance with Section 11.13.
Appears in 5 contracts
Samples: Credit Agreement (Forest City Realty Trust, Inc.), Credit Agreement (Forest City Realty Trust, Inc.), Credit Agreement (Forest City Enterprises Inc)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, and such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), then the Borrower may replace such Lender in accordance with Section 11.13.
Appears in 5 contracts
Samples: Credit Agreement (Everi Holdings Inc.), Credit Agreement (Everi Holdings Inc.), Term Loan Credit Agreement (Everi Holdings Inc.)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the any Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and3.01, and in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower may replace such Lender in accordance with Section 11.1310.13.
Appears in 5 contracts
Samples: Credit Agreement (Kbr, Inc.), Credit Agreement (Sylvamo Corp), Syndicated Facility Agreement (Kbr, Inc.)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower is required to pay any Indemnified Taxes or additional amounts amount to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower may replace such Lender in accordance with Section 11.1310.13.
Appears in 5 contracts
Samples: Credit and Guaranty Agreement (Ventas, Inc.), Credit and Guaranty Agreement (Ventas, Inc.), Term Loan and Guaranty Agreement (Care Capital Properties, Inc.)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 or if any Lender gives a notice pursuant to Section 3.02, and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower may replace such Lender in accordance with Section 11.1312.13.
Appears in 5 contracts
Samples: Credit Agreement (Rexford Industrial Realty, Inc.), Credit Agreement (Rexford Industrial Realty, Inc.), Credit Agreement (Rexford Industrial Realty, Inc.)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower is required to pay any Indemnified Taxes or additional amounts amount to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, and in each case, such Lender has declined or is unable to designate a different lending office Lending Office in accordance with Section 3.06(a), the Borrower may replace such Lender in accordance with Section 11.1310.13.
Appears in 5 contracts
Samples: Credit Agreement (TreeHouse Foods, Inc.), Credit Agreement (TreeHouse Foods, Inc.), Credit Agreement (TreeHouse Foods, Inc.)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower may replace such Lender in accordance with Section 11.13.10.13. 3.07
Appears in 5 contracts
Samples: Liquidity Credit Agreement (Tanger Properties LTD Partnership /Nc/), Credit Agreement (Franklin Resources Inc), Term Loan Credit Agreement (Franklin Resources Inc)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower is required to pay any Indemnified Taxes or additional amounts amount to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and3.01, and in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower may replace such Lender in accordance with Section 11.13.
Appears in 5 contracts
Samples: Credit Agreement (MGM Growth Properties Operating Partnership LP), Credit Agreement (Vici Properties Inc.), Credit Agreement (MGM Growth Properties Operating Partnership LP)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 3.01, and, in each case, such Lender has declined or is unable to designate a different lending office Lending Office in accordance with Section 3.06(a), the Borrower may replace such Lender in accordance with Section 11.1310.13.
Appears in 5 contracts
Samples: Credit Agreement (Quidel Corp /De/), Credit Agreement (Cim Real Estate Finance Trust, Inc.), Credit Agreement (Quidel Corp /De/)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower is Borrowers are required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower Company may replace such Lender in accordance with Section 11.13.
Appears in 5 contracts
Samples: Credit Agreement (1847 Goedeker Inc.), Credit Agreement (Vertex Pharmaceuticals Inc / Ma), Credit Agreement (Vertex Pharmaceuticals Inc / Ma)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the any Borrower is required to pay any Indemnified Taxes or additional amounts amount to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower Company may replace such Lender in accordance with Section 11.13.
Appears in 5 contracts
Samples: Credit Agreement (Fleetcor Technologies Inc), Credit Agreement (Fleetcor Technologies Inc), Credit Agreement (Fleetcor Technologies Inc)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office Lending Office in accordance with Section 3.06(a)) in a way that eliminates the additional cost, the Borrower may replace such Lender in accordance with Section 11.1310.16.
Appears in 5 contracts
Samples: Assignment and Assumption (Cousins Properties Inc), Term Loan Agreement (Cousins Properties Inc), Assignment and Assumption (Cousins Properties Inc)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the any Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 3.01, and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Parent Borrower may replace such Lender in accordance with Section 11.13.
Appears in 5 contracts
Samples: Credit Agreement (Montrose Environmental Group, Inc.), Credit Agreement (Montrose Environmental Group, Inc.), Credit Agreement (Montrose Environmental Group, Inc.)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 3.01, and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a)) in a manner to eliminate the applicable cost, the Borrower may replace such Lender in accordance with Section 11.1310.13.
Appears in 4 contracts
Samples: Credit Agreement (American Financial Group Inc), Credit Agreement (Berkley W R Corp), Credit Agreement (American Financial Group Inc)
Replacement of Lenders. If any Lender requests compensation under Section 3.043.04 (other than Section 3.04(d)), or if the Borrower is Borrowers are required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower Company may replace such Lender in accordance with Section 11.13.
Appears in 4 contracts
Samples: Credit Agreement (Amedisys Inc), Credit Agreement (Amedisys Inc), Credit Agreement (Amedisys Inc)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office Applicable Lending Office in accordance with Section 3.06(a), the Borrower may replace such Lender in accordance with Section 11.13.
Appears in 4 contracts
Samples: Credit Agreement (Fox Factory Holding Corp), Credit Agreement (Fox Factory Holding Corp), Credit Agreement (Fox Factory Holding Corp)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the any Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower Borrowers may replace such Lender in accordance with Section 11.13.. 3.07
Appears in 4 contracts
Samples: Credit Agreement (Raymond James Financial Inc), Credit Agreement (Raymond James Financial Inc), Credit Agreement (Raymond James Financial Inc)
Replacement of Lenders. If any Lender requests compensation under Section 3.043.4, has invoked the provisions of Section 3.2, or if the Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 3.1 and, in each case, such Lender has declined or is unable to designate a different lending office Lending Office in accordance with Section 3.06(a)3.6(a) that eliminates such increased compensation or other additional amounts, the Borrower may replace such Lender in accordance with Section 11.1310.14.
Appears in 4 contracts
Samples: Term Loan Credit Agreement (Lands' End, Inc.), Term Loan Credit Agreement (Lands' End, Inc.), Term Loan Credit Agreement (Galaxy Gaming, Inc.)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the any Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office Lending Office in accordance with Section 3.06(a), the Borrower Company may replace such Lender in accordance with Section 11.1310.13.
Appears in 4 contracts
Samples: Credit Agreement (Avnet Inc), Credit Agreement (Celanese Corp), Credit Agreement (Avnet Inc)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the any Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender or L/C Issuer pursuant to Section 3.01 and, in each case, such Lender or L/C Issuer has declined or is unable to designate a different lending office Lending Office in accordance with Section 3.06(a), the such Borrower may replace such Lender or L/C Issuer in accordance with Section 11.1310.14.
Appears in 4 contracts
Samples: Credit Agreement (Constellium Se), Credit Agreement (Constellium SE), Credit Agreement (Constellium N.V.)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower is required to pay any Indemnified Taxes or additional amounts amount to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and3.01, and in each case, such Lender has declined or is unable to designate a different lending office Lending Office in accordance with Section 3.06(a), the Borrower may replace such Lender in accordance with Section 11.1310.13.
Appears in 4 contracts
Samples: Credit Agreement (Tetra Technologies Inc), Credit Agreement (Tetra Technologies Inc), Assignment and Assumption (Tapstone Energy Inc.)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the any Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 3.01, or if any Lender gives a notice pursuant to Section 3.02, and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower Borrowers may replace such Lender in accordance with Section 11.1310.13.
Appears in 4 contracts
Samples: Credit Agreement (Athene Holding LTD), Credit Agreement (Athene Holding LTD), 364 β Day Credit Agreement (Athene Holding LTD)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the any Borrower is required to pay any Indemnified Taxes or additional amounts amount to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 3.01, and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower Company may replace such Lender in accordance with Section 11.1310.13.
Appears in 4 contracts
Samples: Credit Agreement (Tetra Tech Inc), Credit Agreement (Tetra Tech Inc), Credit Agreement (Tetra Tech Inc)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower or any other Loan Party is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office Lending Office in accordance with Section 3.06(a), the Borrower may replace such Lender in accordance with Section 11.13.
Appears in 4 contracts
Samples: Credit Agreement (StoneX Group Inc.), Credit Agreement (StoneX Group Inc.), Credit Agreement (Intl Fcstone Inc.)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the any Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and3.01, and in each case, such Lender has declined or is unable to designate a different lending office Lending Office in accordance with Section 3.06(a), the Borrower Company may replace such Lender in accordance with Section 11.1310.13, provided that the new Lender is a Non-Public Lender.
Appears in 4 contracts
Samples: Credit Agreement (Hain Celestial Group Inc), Credit Agreement (Hain Celestial Group Inc), Credit Agreement (Hain Celestial Group Inc)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the a Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower Agent may replace such Lender in accordance with Section 11.13.
Appears in 4 contracts
Samples: Credit and Guaranty Agreement (James Hardie Industries PLC), Credit and Guaranty Agreement (James Hardie Industries PLC), Day Term Loan and Guaranty Agreement (James Hardie Industries PLC)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the any Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a)) that eliminates the amounts payable pursuant to Section 3.04 or Section 3.01, the Borrower Company may replace such Lender in accordance with Section 11.1310.13.
Appears in 4 contracts
Samples: Credit Agreement (Stericycle Inc), Credit Agreement (Stericycle Inc), Credit Agreement (Stericycle Inc)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower is Borrowers are required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and3.01, and in each case, such Lender has declined or is unable to designate a different lending office Lending Office in accordance with Section 3.06(a), the Borrower Borrowers may replace such Lender in accordance with Section 11.13.
Appears in 4 contracts
Samples: Credit Agreement (Ichor Holdings, Ltd.), Credit Agreement (Ichor Holdings, Ltd.), Credit Agreement (Ichor Holdings, Ltd.)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower may may, at its sole expense and effort, replace such Lender in accordance with Section 11.1310.13.
Appears in 4 contracts
Samples: Credit Agreement (Compass Group Diversified Holdings LLC), Credit Agreement (5.11 Abr Corp.), Credit Agreement (Compass Group Diversified Holdings LLC)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the any Borrower is required to pay any Indemnified Taxes or additional amounts amount to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower Toro may replace such Lender in accordance with Section 11.13.
Appears in 4 contracts
Samples: Credit Agreement (Toro Co), Credit Agreement (Toro Co), Credit Agreement (Toro Co)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, 4.05 or if the any Borrower Party is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and4.01, and in each case, such case such Lender has declined or is unable to designate a different lending office Lending Office in accordance with Section 3.06(a4.07(a), the Borrower Parties may replace such Lender in accordance with Section 11.1313.12.
Appears in 4 contracts
Samples: Credit Agreement (AGTB Private BDC), Revolving Credit Agreement (Carlyle Secured Lending III), Revolving Credit Agreement (Franklin BSP Capital Corp)
Replacement of Lenders. If any Lender requests compensation under Section 3.043.02, or if the Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office Lending Office in accordance with Section 3.06(a3.03(a), the Borrower may replace such Lender in accordance with Section 11.13.
Appears in 4 contracts
Samples: Credit Agreement (RVL Pharmaceuticals PLC), Credit Agreement (Dermira, Inc.), Credit Agreement (Establishment Labs Holdings Inc.)
Replacement of Lenders. If any Lender requests compensation under Section 3.043.04 or gives a notice pursuant to Section 3.02, or if the Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 3.01, and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower may replace such Lender in accordance with Section 11.1310.13.
Appears in 4 contracts
Samples: Term Loan Credit Agreement (Citrix Systems Inc), Term Loan Credit Agreement (Citrix Systems Inc), Credit Agreement (Citrix Systems Inc)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower is Borrowers are required to pay any Indemnified Taxes or additional amounts amount to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower Borrowers may replace such Lender in accordance with Section 11.13.
Appears in 4 contracts
Samples: Credit Agreement (Pra Group Inc), Credit Agreement (Pra Group Inc), Credit Agreement (Pra Group Inc)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the any Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 or if any Lender gives notice pursuant to Section 3.02, and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower Company may replace such Lender in accordance with Section 11.13.
Appears in 4 contracts
Samples: Credit Agreement (Cantel Medical Corp), Credit Agreement (Cantel Medical Corp), Credit Agreement (Cantel Medical Corp)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the any Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 3.01, or any Lender gives a notice pursuant to Section 3.02, and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), the Borrower Borrowers may replace such Lender in accordance with Section 11.1310.13.
Appears in 4 contracts
Samples: Credit Agreement (Alexander & Baldwin, Inc.), Credit Agreement (Alexander & Baldwin, Inc.), Credit Agreement (Alexander & Baldwin, Inc.)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the any Borrower is required to pay any Indemnified Taxes or additional amounts amount to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and3.01, and in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a)3.06, or if any Lender gives a notice pursuant to Section 3.02, the Borrower Borrowers may replace such Lender in accordance with Section 11.1310.13.
Appears in 4 contracts
Samples: Credit Agreement (American Midstream Partners, LP), Credit Agreement (American Midstream Partners, LP), Credit Agreement
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office Lending Office in accordance with Section 3.06(a), the Borrower may replace such Lender in accordance with Section 11.1313.12.
Appears in 4 contracts
Samples: Revolving Credit Agreement (Invesco Real Estate Income Trust Inc.), Revolving Credit Agreement (Clarion Partners Real Estate Income Fund Inc.), Revolving Credit Agreement (Clarion Partners Real Estate Income Fund Inc.)
Replacement of Lenders. If any Lender requests compensation under Section 3.043.4, or if the Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 3.1 and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a3.6(a), the Borrower may replace such Lender in accordance with Section 11.1310.14.
Appears in 4 contracts
Samples: Credit Agreement (Cemex Sab De Cv), Credit Agreement (Cemex Sab De Cv), Credit Agreement (Cemex Sab De Cv)
Replacement of Lenders. If (i) any Lender requests compensation under Section 3.04, (ii) any Lender is unable to fund under Section 3.02 (if such illegality or condition is not generally applicable to the Lenders), or (iii) if the Borrower is required to pay any Indemnified Taxes or additional amounts amount to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a)3.01, the Borrower may replace such Lender in accordance with Section 11.1310.13.
Appears in 3 contracts
Samples: Credit Agreement (Entercom Communications Corp), Credit Agreement (Entercom Communications Corp), Credit Agreement (Entercom Communications Corp)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the any Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and3.01, and in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a3.05(a), the Borrower Company may replace such Lender in accordance with Section 11.1310.13.
Appears in 3 contracts
Samples: Credit Agreement (Sonic Automotive Inc), Credit Agreement (Sonic Automotive Inc), Credit Agreement (Sonic Automotive Inc)
Replacement of Lenders. If any Lender requests compensation under Section 3.044.04, or if the Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 4.01 and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a4.06(a), the Borrower may replace such Lender in accordance with Section 11.1312.12.
Appears in 3 contracts
Samples: Credit Agreement (Salesforce Com Inc), Credit Agreement (Salesforce Com Inc), Credit Agreement (Salesforce Com Inc)
Replacement of Lenders. If any Lender requests compensation under Section 3.043.5, or if the Borrower is Borrowers are required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 3.9 and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a3.15(a), the Borrower Borrowers may replace such Lender in accordance with Section 11.1311.22.
Appears in 3 contracts
Samples: Credit Agreement (Speedway Motorsports LLC), Credit Agreement (Speedway Motorsports LLC), Credit Agreement (Speedway Motorsports Inc)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or gives a notice pursuant to Section 3.02 (which notice is not given by other similarly situated Lenders) and does not subsequently designate a different Lending Office or assign its rights and obligations hereunder to another of its offices, branches or affiliates as provided above, or if the Borrower is required to pay any Indemnified Taxes or additional amounts amount to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a)3.01, the Borrower may replace such Lender in accordance with Section 11.1310.13.
Appears in 3 contracts
Samples: Credit Agreement (Cal Dive International, Inc.), Credit Agreement (Cal Dive International, Inc.), Credit Agreement (Helix Energy Solutions Group Inc)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the any Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and3.01, and in each case, such Lender has declined or is unable to designate a different lending office in accordance with Section 3.06(a), or if a Revolving Credit Lender has objected to the Borrower designation of a Subsidiary as a Designated Borrower, the Company may replace such Lender in accordance with Section 11.1310.13.
Appears in 3 contracts
Samples: Credit Agreement (Arris Group Inc), Credit Agreement (Arris Group Inc), Credit Agreement (Arris Group Inc)
Replacement of Lenders. If any Lender requests compensation under Section 3.04, or if the any Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 and, in each case, such Lender has declined or is unable to designate a different lending office Lending Office in accordance with Section 3.06(a), the Borrower Borrowers may replace such Lender in accordance with Section 11.13.
Appears in 3 contracts
Samples: Credit Agreement (Fresenius Medical Care AG & Co. KGaA), Credit Agreement (Fresenius Medical Care AG & Co. KGaA), Credit Agreement (Fresenius Medical Care AG & Co. KGaA)
