Voting Participants. Notwithstanding anything in this Section 9.04 to the contrary, any Farm Credit Lender that (i) has purchased a participation from any Lender that is a Farm Credit Lender in the minimum amount of $5,000,000 on or after the Original Closing Date, (ii) is, by written notice to the Borrower and the Administrative Agent (a “Voting Participant Notification”), designated by the selling Lender as being entitled to be accorded the rights of a voting participant hereunder (any Farm Credit Lender so designated being called a “Voting Participant”) and (iii) receives the prior written consent of the Borrower and the Administrative Agent to become a Voting Participant, shall be entitled to vote (and the voting rights of the selling Lender shall be correspondingly reduced), on a dollar for dollar basis, as if such Voting Participant were a Lender, on any matter requiring or allowing a Lender to provide or withhold its consent, or to otherwise vote on any proposed action, in each case, in lieu of the vote of the selling Lender; provided, however, that if such Voting Participant has at any time failed to fund any portion of its participation when required to do so and notice of such failure has been delivered by the selling Lender to the Administrative Agent, then until such time as all amounts of its participation required to have been funded have been funded and notice of such funding has been delivered by the selling Lender to the Administrative Agent, such Voting Participant shall not be entitled to exercise its voting rights pursuant to the terms of this clause (f), and the voting rights of the selling Lender shall not be correspondingly reduced by the amount of such Voting Participant’s participation. Notwithstanding the foregoing, each Farm Credit Lender designated as a Voting Participant on Schedule 9.04(f) hereto on the Restatement Effective Date shall be a Voting Participant without delivery of a Voting Participant Notification and without the prior written consent of the Borrowers and the Administrative Agent. To be effective, each Voting Participant Notification shall, with respect to any Voting Participant, (A) state the full name of such Voting Participant, as well as all contact information required of an assignee as set forth in Exhibit A, (B) state the dollar amount of the participation purchased and (C) include such other information as may be required by the Administrative Agent. The selling Lender and the Voting Participant shall notify the Administrati...
Voting Participants. Under the circumstances set forth in Section 15.28 hereof, each Voting Participant shall be accorded voting rights as though such Person was a Syndication Party, and in such case the voting rights of the Syndication Party from which such Voting Participant acquired its participation interest shall be reduced accordingly. If no written consent or denial is received from a Syndication Party or a Voting Participant within five (5) Banking Days after written notice of any proposed action as described in this Section is delivered to such Syndication Party or Voting Participant by the Administrative Agent, such Syndication Party or Voting Participant shall be conclusively deemed to have consented thereto for the purposes of this Section.
Voting Participants. Notwithstanding anything in Section 11.06 to the contrary, any bank that is a member of the Farm Credit System that (a) has purchased a participation or sub-participation in the minimum amount of $5,000,000 on or after the Effective Date, (b) is, by written notice to the Borrower and the Administrative Agent in substantially the form of Exhibit H (“Voting Participant Notification”), designated by the selling Lender as being entitled to be accorded the rights of a Voting Participant hereunder (any bank that is a member of the Farm Credit System so designated being called a “Voting Participant”) and (c) receives the prior written consent of the Borrower and the Administrative Agent to become a Voting Participant (to the extent such consent would be required pursuant to Section 11.06(b) if such transfer were an assignment rather than a sale of a participation or sub-participation), shall be entitled to vote (and the voting rights of the selling Lender shall be correspondingly reduced), on a Dollar for Dollar basis, as if such Voting Participant were a Lender, on any matter requiring or allowing a Lender to provide or withhold its consent, or to otherwise vote on any proposed action. To be effective, each Voting Participant Notification shall, with respect to any Voting Participant, (i) state the full name, as well as all contact information required of an assignee as set forth in Exhibit H hereto and (ii) state the Dollar amount of the participation or sub-participation purchased. The Borrower and the Administrative Agent shall be entitled to conclusively rely on information contained in notices delivered pursuant to this paragraph. Notwithstanding the foregoing, each bank or other lending institution that is a member of the Farm Credit System designated as a Voting Participant in Schedule 11.06(e) hereto shall be a Voting Participant without delivery of a Voting Participant Notification and without the prior written consent of the Borrower and the Administrative Agent.
Voting Participants. Notwithstanding anything in Section 10.3 to the contrary, any Farm Credit Lender that (i) has purchased a participation in the minimum aggregate amount of $5,000,000 on or after the Closing Date, (ii) is, by written notice to the Borrower and the Administrative Agent (“Voting Participant Notification”), designated by the selling Lender (including any existing Voting Participant) as being entitled to be accorded the rights of a Voting Participant hereunder and (iii) receives the prior written consent of the Borrower and the Administrative Agent to become a Voting Participant (such consent to be required only to the extent and under the circumstances it would be required if such Voting Participant were to become a Lender pursuant to an assignment in accordance with Section 10.3 (any Farm Credit Lender so designated and consented to being called a “Voting Participant”), shall be entitled to vote for so long as such Farm Credit Lender owns such participation and notwithstanding any subparticipation by such Farm Credit Lender (and the voting rights of the selling Lender (including any existing Voting Participant) shall be correspondingly reduced), on a dollar for dollar basis, as if such participant were a Lender, on any matter requiring or allowing a Lender to provide or withhold its consent, or to otherwise vote on any proposed action. To be effective, each Voting Participant Notification shall, with respect to any Voting Participant, (x) state the full name, as well as all contact information required of an assignee in an Assignment and Assumption and (y) state the 121 0000-0000-0000.14875-3923-5757.8
Voting Participants. Notwithstanding anything in this Section 11.06 to the contrary, any Farm Credit Member that (i) has purchased a participation or sub-participation in the Term A-2 Facility in the minimum amount of $5,000,000 on or after the Closing Date, (ii) is, by written notice to the Borrower and the Administrative Agent in substantially the form of 155 CHAR1\1940028v1CHAR1\1940028v4
Voting Participants. EXHIBITS Form of A-1 Committed Loan Notice A-2 Conversion/Continuation Notice B-1 Term Loan Note C Compliance Certificate D Assignment and Assumption E Guaranty F Security Agreement G Non-Bank Certificate H Global Intercompany Note J Prepayment Notice K Junior Lien Intercreditor Agreement L Auction Procedures TERM LOAN CREDIT AGREEMENT This TERM LOAN CREDIT AGREEMENT is entered into as of March 1, 2023, by and among DOMTAR PAPER COMPANY, LLC (“Domtar Paper” and the “Borrower Representative”), DOMTAR A.W. LLC (“Domtar A.W.” and, together with Domtar Paper, the “Borrowers” and each a “Borrower”), DOMTAR CORPORATION, a Delaware corporation (“Parent”), PEARL EXCELLENCE HOLDCO L.P., a Delaware limited partnership (“Holdings”), COBANK, ACB, as administrative agent under the Loan Documents (in such capacity, including any successor thereto, the “Administrative Agent”), COBANK, ACB, as collateral agent under the Loan Documents (in such capacity, including any successor thereto, the “Collateral Agent”), COBANK, ACB (“CoBank”), AGFIRST FARM CREDIT BANK and AMERICAN AGCREDIT, FLCA, as joint lead arrangers and joint bookrunners (the “Lead Arrangers”), and each lender from time to time party hereto (collectively, the “Lenders” and, individually, a “Lender”). Capitalized terms used herein are defined as set forth in Section 1.01.
Voting Participants. Entity Address Contact Details Term Loan X-0 Xxxxxxxxxx 0xx Xxxx Credit Services, FLCA 0000 Xxxxxxxxx Xx. Xxxxxx, XX 00000 Xxxx Xxxxxxxxxx 630-300-0590 xxxxxxx@0xxxxxxxxxxxx.xxx $ 24,000,000.00 AgChoice Farm Credit, FLCA 000 Xxxxxxx Xxxxx Xxxx. Xxxxxxxxxxxxx, XX 00000 Xxxx Xxxxxx 717-796-9372 ext. 6020 xxxxxxx@xxxxxxxx.xxx $ 7,390,000.00 AgFirst Farm Credit Bank 0000 Xxxx Xx. Xxxxxxxx, XX 00000 Xxxx Xxxxxxx 000-000-0000 xxxxxxxx-xxxxxxxxx@xxxxxxx.xxx $ 35,100,000.00 AgStar Financial Services, FLCA 0000 Xxxxxxx Xxxxx Xxxxxxx, XX 00000 Xxx Xxxxxx 000-000-0000 xxx.xxxxxx@xxxxxx.xxx $ 14,775,000.00 American AgCredit, FLCA 0000 X. Xxxxxxxx Xxxxxx, XX 00000 Xxxx Xxxxxxxx 000-000-0000 xxxxxxxxx@xxxxxx.xxx $ 10,000,000.00 Badgerland Financial, FLCA 0000 Xxxxx Xxxx Trail Sun Prairie, WI 53523 Xxxx Xxxxxx 000-000-0000 xxxxxxx.xxxxxx@xxxxxxxxxxxxxxxxxxx.xxx $ 14,775,000.00 United FCS, FLCA, d/b/a FCS Commercial Finance Group 000 Xxxxx Xxxxxxx 000, Xxxxx 000 Xxxxxxxxxxx, XX 00000 Xxxxxx Xxxxxx 000-000-0000 xxxxxxx@xxxxxxxxxx.xxx $ 29,550,000.00 Farm Credit West, FLCA 0000 Xxxxxx Xx., Xxxxx 000 Xxxx Xxxxxx, CA 93446 Xxx Xxxxxxxxx 000-000-0000 xxx.xxxxxxxxx@xxxxxxxxxxxxxx.xxx $ 11,100,000.00 Farm Credit Bank of Texas 4801 Plaza on the Xxxx Xx. Xxxxxx, XX 00000 Xxxxxxxx Xxxx 000-000-0000 xxxxxxxx.xxxx@xxxxxxxxxxxxxx.xxx $ 39,150,000.00 Farm Credit Services of America, FLCA 0000 X. 000xx Xx. Xxxxx, XX 00000 Xxx Xxxxx 000-000-0000 xxx.xxxxx@xxxxxxxxxx.xxx $ 20,680,000.00 Farm Credit Mid-America, FLCA 0000 XXX Xx. Xxxxxxxxxx, XX 00000 Xxxxxxx Xxxxxxxx 000-000-0000 xxxxxxx.xxxxxxxx@x-xxxxxxxxxx.xxx $ 18,460,000.00 MidAtlantic Farm Credit, ACA 00 Xxxxxxx Xx. Xxxxxxxxxxx, XX 00000 XX Xxxxx 410-848-1033 xxxxxxx@xxxx.xxx $ 7,400,000.00
Voting Participants. Notwithstanding anything in Section 10.06(d) to the contrary, any Farm Credit Lender (as defined below) that (i) has purchased a participation in a principal amount of $10,000,000 or more on or after the Closing Date, (ii) is, by written notice to the Borrowing Agent and the Administrative Agent (“Voting Participant Notification”), designated by the selling Lender (including any existing Voting Participant (as defined below)) as being entitled to be accorded the rights of a Voting Participant hereunder and
Voting Participants. Consented and agreed to by: AgFirst Farm Credit Bank as Voting Participant By: /s/ Xxxxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxxxx Title: Executive Account Manager (Signature Page to the Second Amendment to Agreement)
Voting Participants. Consented and agreed to by: AgWest Farm Credit, FLCA, formerly known as Northwest Farm Credit Services, FLCA, successor by merger of Farm Credit West, FLCA into Northwest Farm Credit Services, FLCA. as Voting Participant By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Vice President (Signature Page to the Second Amendment to Agreement)
