Common use of Termination of Defaulting Lender Clause in Contracts

Termination of Defaulting Lender. The Borrower may terminate the unused amount of the Commitment of any Lender that is a Defaulting Lender upon notice to the Administrative Agent (which shall promptly notify the Lenders thereof), and in such event the provisions of Section 2.16(a)(ii) will apply to all amounts thereafter paid by the Borrower for the account of such Defaulting Lender under this Agreement (whether on account of principal, interest, fees, indemnity or other amounts); provided that (i) no Event of Default shall have occurred and be continuing, and (ii) such termination shall not be deemed to be a waiver or release of any claim the Borrower, the Administrative Agent, the Issuing Lender or any Lender may have against such Defaulting Lender.

Appears in 1 contract

Samples: Credit Agreement (Triangle Petroleum Corp)

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Termination of Defaulting Lender. The Borrower Holdings may terminate the unused amount of the Commitment of any Lender that is a Defaulting Lender upon not less than five (5) Banking Days’ prior notice to the Administrative Agent (which shall promptly notify the Lenders thereof), and in such event the provisions of Section 2.16(a)(ii4.2(a)(ii) will apply to all amounts thereafter paid by the Borrower Borrowers for the account of such Defaulting Lender under this Agreement (whether on account of principal, interest, fees, indemnity or other amounts); provided that (i) no Event of Default shall have occurred and be continuing, continuing and (ii) such termination shall not be deemed to be a waiver or release of any claim the BorrowerBorrowers, the Administrative Agent, the Issuing Lender Agent or any Lender may have against such Defaulting Lender.

Appears in 1 contract

Samples: Credit Agreement (Lincoln Electric Holdings Inc)

Termination of Defaulting Lender. The Borrower may terminate the unused amount of the Commitment of any Lender that is a Defaulting Lender upon not less than five (5) Business Days’ prior notice to the Administrative Agent (which shall promptly notify the Lenders thereof), and in such event the provisions of Section 2.16(a)(ii2.6(a)(ii) will apply to all amounts thereafter paid by the Borrower for the account of such Defaulting Lender under this Agreement (whether on account of principal, interest, fees, indemnity or other amounts); provided that (i) no Event of Default shall have occurred and be continuing, and (ii) such termination shall ​ ​ not be deemed to be a waiver or release of any claim the Borrower, the Administrative Agent, any Issuing Lender, the Issuing Lender Swing Line Bank or any Lender may have against such Defaulting Lender.

Appears in 1 contract

Samples: Credit Agreement (Primoris Services Corp)

Termination of Defaulting Lender. The Borrower may terminate the unused amount of the Commitment of any Lender that is a Defaulting Lender upon not less than ten Business Days’ prior notice to the Administrative Agent (which shall promptly notify the Lenders thereof), and in such event the provisions of Section 2.16(a)(ii2.15(a)(ii) will apply to all amounts thereafter paid by the Borrower for the account of such Defaulting Lender under this Agreement (whether on account of principal, interest, fees, indemnity or other amounts); provided that (i) no Event of Default shall have occurred and be continuing, continuing and (ii) such termination shall not be deemed to be a waiver or release of any claim the Borrower, the Administrative Agent, the Issuing Lender Agent or any Lender may have against such Defaulting Lender.

Appears in 1 contract

Samples: Loan and Servicing Agreement (FS Credit Real Estate Income Trust, Inc.)

Termination of Defaulting Lender. The Borrower may terminate the unused amount of the Commitment of any Lender that is a Defaulting Lender upon not less than three (3) Business Days’ prior notice to the Administrative Agent (which shall promptly notify the Lenders thereof), and in such event the provisions of Section 2.16(a)(ii2.6.1(b) will apply to all amounts thereafter paid by the Borrower for the account of such Defaulting Lender under this Agreement (whether on account of principal, interest, fees, indemnity or other amounts); provided that (i) no Event of Default shall have occurred and be continuing, and (ii) such termination shall not be deemed to be a waiver or release of any claim the Borrower, the Administrative Agent, any L/C Issuer, the Issuing Lender Swing Line Bank or any Lender may have against such Defaulting Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (Broadwind Energy, Inc.)

Termination of Defaulting Lender. The Borrower may terminate the unused amount of the Loan Commitment of any Lender that is a Defaulting Lender without premium or penalty upon not less than three (3) Business Days’ prior notice to the Administrative Agent (which shall promptly notify the Lenders thereof), and in such event the provisions of Section 2.16(a)(ii2.9(a)(ii) will apply to all amounts thereafter paid by the Borrower for the account of such Defaulting Lender under this Agreement (whether on account of principal, interest, fees, indemnity or other amounts); provided that (i) no Event of Default shall have occurred and be continuing, and (ii) such termination shall not be deemed to be a waiver or release of any claim the Borrower, the Administrative Agent, the Issuing Lender Agent or any other Lender may have against such Defaulting Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (SCP Private Credit Income BDC LLC)

Termination of Defaulting Lender. The Borrower Borrowers may terminate the unused amount of the Commitment of any Lender that is a Defaulting Lender upon not less than five (5) Business Days’ prior notice to the Administrative Agent (which shall promptly notify the Lenders thereof), and in such event the provisions of Section 2.16(a)(ii) 4.2.2 will apply to all amounts thereafter paid by the Borrower Borrowers for the account of such Defaulting Lender under this Agreement (whether on account of principal, interest, fees, indemnity or other amounts); provided that (i) no Event of Default shall have occurred and be continuing, and (ii) such termination shall not be deemed to be a waiver or release of any claim the BorrowerBorrowers, the Administrative Agent, the any Issuing Lender Bank, or any Lender may have against such Defaulting Lender.. 4.3

Appears in 1 contract

Samples: Credit and Security Agreement (Titan International Inc)

Termination of Defaulting Lender. The Borrower may terminate the unused amount of the Unused Commitment of any Lender that is a Defaulting Lender upon prior notice of not less than one Business Day to the Administrative Agent (which shall promptly notify the Lenders thereof), and in such event the provisions of Section 2.16(a)(ii2.19(e) will shall apply to all amounts thereafter paid by the Borrower for the account of such Defaulting Lender under this Agreement (whether on account of principal, interest, fees, indemnity facility fees or other amounts); , provided that (i) no Event of Default shall have occurred and be continuing, continuing and (ii) such termination shall not be deemed to be a waiver or release of any claim the Borrower, the Administrative Agent, the Issuing Lender Agent or any Lender may have against such Defaulting Lender.

Appears in 1 contract

Samples: Day Credit Agreement (Omnicom Group Inc.)

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Termination of Defaulting Lender. The Borrower Company may terminate the unused amount of the Unused Revolving Credit Commitment of any Lender that is a Defaulting Lender upon prior notice of not less than one Business Day to the Administrative Agent (which shall promptly notify the Lenders thereof), and in such event the provisions of Section 2.16(a)(ii2.19(a) will shall apply to all amounts thereafter paid by the any Borrower for the account of such Defaulting Lender under this Agreement (whether on account of principal, interest, facility fees, indemnity or other amounts); , provided that (i) no Event of Default shall have occurred and be continuing, continuing and (ii) such termination shall not be deemed to be a waiver or release of any claim the any Borrower, the Administrative Agent, the Issuing Lender Agent or any Lender may have against such Defaulting Lender.

Appears in 1 contract

Samples: Credit Agreement (Jabil Inc)

Termination of Defaulting Lender. The Borrower Holdings may terminate the unused amount of the Commitment of any Lender that is a Defaulting Lender upon not less than five (5) Banking Days’ prior notice to the Administrative Agent (which shall promptly notify the Lenders thereof), and in such event the provisions of Section 2.16(a)(ii4.2(a)(ii) will apply to all amounts thereafter paid by the Borrower Borrowers for the account of such Defaulting Lender under this Agreement (whether on account of principal, interest, fees, indemnity or other amounts); provided that (i) no Event of Default shall have occurred and be continuing, continuing and (ii) such termination shall not be deemed to be a waiver or release of any claim the BorrowerBorrowers, the Administrative Agent, the Issuing Lender Letter of Credit Issuer or any Lender may have against such Defaulting Lender.. ​

Appears in 1 contract

Samples: Credit Agreement (Lincoln Electric Holdings Inc)

Termination of Defaulting Lender. The Borrower may terminate the unused amount of the Commitment of any Lender that is a Defaulting Lender upon not less than three (3) Business Days’ prior notice to the Administrative Agent (which shall promptly notify the Lenders thereof), and in such event the provisions of Section 2.16(a)(ii2.6(a)(ii) will apply to all amounts thereafter paid by the Borrower for the account of such Defaulting Lender under this Agreement (whether on account of principal, interest, fees, indemnity or other amounts); provided that (i) no Event of Default shall have occurred and be continuing, and (ii) such termination shall not be deemed to be a waiver or release of any claim the Borrower, the Administrative Agent, any Issuing Lender, the Issuing Lender Swing Line Bank or any Lender may have against such Defaulting Lender.

Appears in 1 contract

Samples: Credit Agreement (A-Mark Precious Metals, Inc.)

Termination of Defaulting Lender. The Borrower may terminate the unused amount of the Revolving Credit Commitment of any Lender that is a Defaulting Lender Lender, upon prior notice to the Administrative Agent (which shall promptly notify the Lenders thereof), and in such event the provisions of Section 2.16(a)(ii2.24(c)(i)(B) will apply to all amounts thereafter paid by the Borrower for the account of such Defaulting Lender under this Agreement (whether on account of principal, interest, fees, indemnity or other amounts); provided that (i) no Event of Default shall have occurred and be continuing, and (ii) such termination shall not be deemed to be a waiver or release of any claim the Borrower, the Administrative Agent, the Issuing Lender Agent or any Lender may have against such Defaulting Lender.

Appears in 1 contract

Samples: Revolving Credit Agreement (National CineMedia, Inc.)

Termination of Defaulting Lender. The Borrower Company may terminate the unused amount of the Unused Commitment of any Lender that is a Defaulting Lender upon prior notice of not less than one Business Day to the Administrative Agent (which shall promptly notify the Lenders thereof), and in such event the provisions of Section 2.16(a)(ii2.19(a) will shall apply to all amounts thereafter paid by the Borrower Company for the account of such Defaulting Lender under this Agreement (whether on account of principal, interest, fees, indemnity facility fees or other amounts); , provided that (i) no Event of Default shall have occurred and be continuing, continuing and (ii) such termination shall not be deemed to be a waiver or release of any claim the BorrowerCompany, the Administrative Agent, the Issuing Lender Agent or any Lender may have against such Defaulting Lender.

Appears in 1 contract

Samples: Credit Agreement (Jabil Inc)

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