Additional Commitment Lenders. The Company shall have the right, but shall not be obligated, on or before the applicable Maturity Date for any Non-Extending Lender to replace such Non-Extending Lender with, and add as “Lenders” under this Agreement in place thereof, one or more banks, financial institutions or other entities (each, an “Additional Commitment Lender”) approved by the Administrative Agent in accordance with the procedures provided in Section 2.24, each of which Additional Commitment Lenders shall have entered into an Assignment and Assumption Agreement (in accordance with and subject to the restrictions contained in Section 8.06, with the Company or replacement Lender obligated to pay any applicable processing or recordation fee) with such Non-Extending Lender, pursuant to which such Additional Commitment Lenders shall, effective on or before the applicable Maturity Date for such Non-Extending Lender, assume a Commitment (and, if any such Additional Commitment Lender is already a Lender, its Commitment shall be in addition to such Lender’s Commitment hereunder on such date). The Administrative Agent may effect such amendments to this Agreement as are reasonably necessary to provide for any such extensions with the consent of the Company but without the consent of any other Lenders.
Appears in 2 contracts
Sources: Revolving Loan and Letter of Credit Facility Agreement (Fluor Corp), Revolving Loan and Letter of Credit Facility Agreement (Fluor Corp)
Additional Commitment Lenders. The Company Obligors shall have the right, but shall not be obligated, on or before the applicable Applicable Maturity Date for any Non-Extending Lender to replace such Non-Extending Lender with, and add as a “LendersLender” under this Agreement in place thereof, one or more banks, financial institutions or other entities (each, an “Additional Commitment Lender”) approved by the Administrative Agent Agent, the Issuing Banks and the Swingline Lender in accordance with the procedures provided in Section 2.242.19(b), each of which applicable Additional Commitment Lenders shall have entered into an Assignment and Assumption Agreement (in accordance with and subject to the restrictions contained in Section 8.0610.04, with the Company applicable Obligor(s) or replacement Lender obligated to pay any applicable processing or recordation fee) with such Non-Extending Lender, pursuant to which such Additional Commitment Lenders shall, effective on or before the applicable Applicable Maturity Date for such Non-Extending Lender, assume a Commitment (and, if any such Additional Commitment Lender is already a Lender, its Commitment so assumed shall be in addition to such Lender▇▇▇▇▇▇’s Commitment hereunder on such date). The Administrative Agent may effect such amendments to this Agreement as are reasonably necessary to provide for any such extensions with the consent of the Company Loan Parties but without the consent of any other Lenders.
Appears in 2 contracts
Sources: Revolving Credit Agreement (Millicom International Cellular Sa), Revolving Credit Agreement (Millicom International Cellular Sa)
Additional Commitment Lenders. The Company Borrower shall have the right, but shall not be obligated, on or before the applicable Maturity Date for any Non-Extending Lender to replace such Non-Extending Lender with, and add as “Lenders” under this Agreement in place thereof, one or more banks, financial institutions or other entities (each, an “Additional Commitment Lender”) approved by the Administrative Agent in accordance with the procedures provided in Section 2.24, each of which Additional Commitment Lenders shall have entered into an Assignment and Assumption Agreement (in accordance with and subject to the restrictions contained in Section 8.06, with the Company Borrower or replacement Lender obligated to pay any applicable processing or recordation fee) with such Non-Extending Lender, pursuant to which such Additional Commitment Lenders shall, effective on or before the applicable Maturity Date for such Non-Extending Lender, assume a Commitment (and, if any such Additional Commitment Lender is already a Lender, its Commitment shall be in addition to such Lender’s Commitment hereunder on such date). The Administrative Agent may effect such amendments to this Agreement as are reasonably necessary to provide for any such extensions with the consent of the Company Borrower but without the consent of any other Lenders.
Appears in 2 contracts
Sources: Revolving Loan and Letter of Credit Facility Agreement (Fluor Corp), Revolving Loan and Letter of Credit Facility Agreement (Fluor Corp)
Additional Commitment Lenders. The Company Harley shall have the right, but shall not be obligated, on or before the applicable Maturity Termination Date for any Non-Extending Lender to replace such Non-Extending Lender with, and add as “Lenders” under this Agreement in place thereof, one or more banks, financial institutions or other entities (which, for the avoidance of doubt, may be existing Lenders) (each, an “Additional Commitment Lender”) approved by the Global Administrative Agent in accordance with the procedures provided in Section 2.243.8, each of which Additional Commitment Lenders shall have entered into an Assignment and Assumption Agreement (in accordance with and subject to the restrictions contained in Section 8.0613.3, with Harley or the Company or replacement Lender obligated to pay any applicable processing or recordation fee) with such Non-Extending Lender, pursuant to which such Additional Commitment Lenders shall, effective on or before the applicable Maturity Termination Date for such Non-Extending Lender, assume a Commitment (and, if any such Additional Commitment Lender is already a Lender, its Commitment shall be in addition to such Lender’s Commitment hereunder on such date). The Global Administrative Agent may effect such amendments to this Agreement as are reasonably necessary to provide for any such extensions with the consent of the Company Harley but without the consent of any other Lenders.
Appears in 2 contracts
Sources: 5 Year Credit Agreement (Harley Davidson Inc), Credit Agreement (Harley Davidson Inc)
Additional Commitment Lenders. The Company Borrower shall have the right, but shall not be obligated, right on or before the applicable Maturity anniversary of the Closing Date for any to replace each Non-Extending Lender to replace such Non-Extending Lender with, and add as “Lenders” under this Agreement in place thereof, with one or more banks, financial institutions or other entities (each, an “Additional Commitment Lender”) approved by the Administrative Agent in accordance with the procedures provided in Section 2.24, each of which Additional Commitment Lenders shall have entered into (i) that is an Assignment and Assumption Agreement (in accordance with and subject to the restrictions contained in Section 8.06, with the Company or replacement existing Revolving Lender obligated to pay any applicable processing or recordation fee) with such Non-Extending Lender, pursuant to which such Additional Commitment Lenders shall, effective on or before the applicable Maturity Date for such Non-Extending Lender, assume a Commitment (and, if any such Additional Commitment Lender is already a Revolving Lender, its the Revolving Commitment it assumes from such Non-Extending Lender shall be in addition to such Revolving Lender’s Revolving Commitment hereunder on such date, provided that each Revolving Lender shall have no obligation to increase its Commitment or become an Additional Commitment Lender) or (ii) that is not an existing Revolving Lender; provided that any such institution (A) must conform with the requirements contained in Section 9.6(c). The , (B) must be acceptable to the Administrative Agent may effect such amendments (which approval shall not be unreasonably withheld or delayed) and (C) must become a Revolving Lender under this Credit Agreement by execution and delivery of an appropriate joinder agreement or of counterparts to this Credit Agreement as are reasonably necessary in a manner acceptable to provide for any such extensions with the consent of Borrower and the Company but without the consent of any other LendersAdministrative Agent.
Appears in 2 contracts
Sources: Credit Agreement (Red Robin Gourmet Burgers Inc), Credit Agreement (Red Robin Gourmet Burgers Inc)
Additional Commitment Lenders. The Company Borrower shall have the right, but shall not be obligated, on or before the applicable Applicable Maturity Date for any Non-Extending Lender Lender, to replace such Non-Extending Lender with, and add as a “LendersLender” under this Agreement in place thereof, one or more banks, financial institutions or other entities that are Eligible Assignees (each, an “Additional Commitment Lender”) approved by the Administrative Agent in accordance with the procedures provided in Section 2.24Agent, each of which applicable Additional Commitment Lenders shall have entered into an Assignment and Assumption Agreement (in accordance with and subject to the restrictions contained in Section 8.0610.04, with the Company Borrower or replacement Lender obligated to pay any applicable processing or recordation fee) with such Non-Extending Lender, pursuant to which such Additional Commitment Lenders shall, effective on or before the applicable Applicable Maturity Date for such Non-Extending Lender, assume a Commitment Loans (and, if any such Additional Commitment Lender is already a Lender, its Commitment outstanding Loans so assumed shall be in addition to such Lender▇▇▇▇▇▇’s Commitment outstanding Loans hereunder on such date). The Administrative Agent may effect such amendments to this Agreement as are reasonably necessary to provide for any such extensions with the consent of the Company Borrower but without the consent of any other Lenders.
Appears in 2 contracts
Sources: Term Loan Agreement (Cooper Companies, Inc.), Term Loan Agreement (Cooper Companies, Inc.)
Additional Commitment Lenders. The Company Borrower shall have the right, but shall not be obligated, on or before the applicable Maturity Commitment Termination Date for any Non-Extending Lender to replace such Non-Extending Lender with, and add as “Lenders” under this Agreement in place thereof, one or more banks, financial institutions or other entities that each qualify as an Eligible Assignee (each, an “Additional Commitment Lender”) approved by the Administrative Agent in accordance with the procedures provided in Section 2.243.08(b), each of which Additional Commitment Lenders shall have entered into an Assignment and Assumption Agreement Acceptance (in accordance with and subject to the restrictions contained in Section 8.0610.04, with the Company Borrower or replacement Lender obligated to pay any applicable processing or recordation fee) with such Non-Extending Lender, pursuant to which such Additional Commitment Lenders shall, effective on or before the applicable Maturity Commitment Termination Date for such Non-Extending Lender, assume a Commitment (and, if any such Additional Commitment Lender is already a Lender, its Commitment shall be in addition to such Lender’s Commitment hereunder on such date). The Administrative Agent may effect such amendments to this Agreement as are reasonably necessary to provide for any such extensions with the consent of the Company Borrower but without the consent of any other Lenders.
Appears in 2 contracts
Sources: Credit Agreement (Hawaiian Electric Co Inc), Credit Agreement (Hawaiian Electric Co Inc)
Additional Commitment Lenders. The Company Harley shall have the right, but shall not be obligated, on or before the applicable Maturity Termination Date for any Non-Extending Lender to replace such Non-Extending Lender with, and add as “Lenders” under this Agreement in place thereof, one or more banks, financial institutions or other entities (which, for the avoidance of doubt, may be existing Lenders) that are not Ineligible Institutions (each, an “Additional Commitment Lender”) approved by the Global Administrative Agent and the Global Swing Line Lender in accordance with the procedures provided in Section 2.243.8, each of which Additional Commitment Lenders shall have entered into an Assignment and Assumption Agreement (in accordance with and subject to the restrictions contained in Section 8.0613.3, with Harley or the Company or replacement Lender obligated to pay any applicable processing or recordation fee) with such Non-Extending Lender, pursuant to which such Additional Commitment Lenders shall, effective on or before the applicable Maturity Termination Date for such Non-Extending Lender, assume a Commitment (and, if any such Additional Commitment Lender is already a Lender, its Commitment shall be in addition to such Lender▇▇▇▇▇▇’s Commitment hereunder on such date). The Global Administrative Agent may effect such amendments to this Agreement as are reasonably necessary to provide for any such extensions with the consent of the Company Harley but without the consent of any other Lenders.
Appears in 1 contract
Sources: 5 Year Credit Agreement
Additional Commitment Lenders. The Company Harley shall have the right, but shall not be obligated, on or before the applicable Maturity Termination Date for any Non-Extending Lender to replace such Non-Extending Lender with, and add as “Lenders” under this Agreement in place thereof, one or more banks, financial institutions or other entities (which, for the avoidance of doubt, may be existing Lenders) that are not Ineligible Institutions (each, an “Additional Commitment Lender”) approved by the Global Administrative Agent in accordance with the procedures provided in Section 2.243.8, each of which Additional Commitment Lenders shall have entered into an Assignment assignment and Assumption Agreement assumption (in accordance with and subject to the restrictions contained in Section 8.0613.3, with Harley or the Company or replacement Lender obligated to pay any applicable processing or recordation fee) with such Non-Extending Lender, pursuant to which such Additional Commitment Lenders shall, effective on or before the applicable Maturity Termination Date for such Non-Extending Lender, assume a Commitment (and, if any such Additional Commitment Lender is already a Lender, its Commitment shall be in addition to such Lender’s Commitment hereunder on such date). The Global Administrative Agent may effect such amendments to this Agreement as are reasonably necessary to provide for any such extensions with the consent of the Company Harley but without the consent of any other Lenders.
Appears in 1 contract
Additional Commitment Lenders. The Company Borrower shall have the right, but shall not be obligated, right on or before the applicable Maturity anniversary of the Closing Date for any Non-Extending Lender to replace such Non-Extending each Non‑Extending Lender with, and add as “Lenders” under this Agreement in place thereof, with one or more banks, financial institutions or other entities (each, an “Additional Commitment Lender”) approved by the Administrative Agent in accordance with the procedures provided in Section 2.24, each of which Additional Commitment Lenders shall have entered into (i) that is an Assignment and Assumption Agreement (in accordance with and subject to the restrictions contained in Section 8.06, with the Company or replacement existing Revolving Lender obligated to pay any applicable processing or recordation fee) with such Non-Extending Lender, pursuant to which such Additional Commitment Lenders shall, effective on or before the applicable Maturity Date for such Non-Extending Lender, assume a Commitment (and, if any such Additional Commitment Lender is already a Revolving Lender, its the Commitment it assumes from such Non-Extending Lender shall be in addition to such Revolving Lender’s Commitment hereunder on such date, provided that each Revolving Lender shall have no obligation to increase its Commitment or become an Additional Commitment Lender) or (ii) that is not an existing Revolving Lender; provided that any such institution (A) must conform with the requirements contained in Section 9.6(c). The , (B) must be acceptable to the Administrative Agent may effect such amendments (which approval shall not be unreasonably withheld or delayed) and (C) must become a Revolving Lender under this Credit Agreement by execution and delivery of an appropriate joinder agreement or of counterparts to this Credit Agreement as are reasonably necessary in a manner acceptable to provide for any such extensions with the consent of Borrower and the Company but without the consent of any other LendersAdministrative Agent.
Appears in 1 contract
Additional Commitment Lenders. The Company Borrower shall have the right, but shall not be obligated, right on or before the applicable Maturity anniversary of the Closing Date for any to replace each Non-Extending Lender to replace such Non-Extending Lender with, and add as “Lenders” under this Agreement in place thereof, with one or more banks, financial institutions or other entities (each, an “Additional Commitment Lender”) approved by the Administrative Agent in accordance with the procedures provided in Section 2.24, each of which Additional Commitment Lenders shall have entered into (i) that is an Assignment and Assumption Agreement (in accordance with and subject to the restrictions contained in Section 8.06, with the Company or replacement existing Revolving Lender obligated to pay any applicable processing or recordation fee) with such Non-Extending Lender, pursuant to which such Additional Commitment Lenders shall, effective on or before the applicable Maturity Date for such Non-Extending Lender, assume a Commitment (and, if any such Additional Commitment Lender is already a Revolving Lender, its the Commitment it assumes from such Non-Extending Lender shall be in addition to such Revolving Lender’s Commitment hereunder on such date, provided that each Revolving Lender shall have no obligation to increase its Commitment or become an Additional Commitment Lender) or (ii) that is not an existing Revolving Lender; provided that any such institution (A) must conform with the requirements contained in Section 9.6(c). The , (B) must be acceptable to the Administrative Agent may effect such amendments (which approval shall not be unreasonably withheld or delayed) and (C) must become a Revolving Lender under this Credit Agreement by execution and delivery of an appropriate joinder agreement or of counterparts to this Credit Agreement as are reasonably necessary in a manner acceptable to provide for any such extensions with the consent of Borrower and the Company but without the consent of any other LendersAdministrative Agent.
Appears in 1 contract
Additional Commitment Lenders. The Company Harley shall have the right, but shall not be obligated, on or before the applicable Maturity Termination Date for any Non-Extending Lender to replace such Non-Extending Lender with, and add as “Lenders” under this Agreement in place thereof, one or more banks, financial institutions or other entities (which, for the avoidance of doubt, may be existing Lenders) that are not Ineligible Institutions (each, an “Additional Commitment Lender”) approved by the Global Administrative Agent and the Global Swing Line Lender in accordance with the procedures provided in Section 2.243.8, each of which Additional Commitment Lenders shall have entered into an Assignment and Assumption Agreement (in accordance with and subject to the restrictions contained in Section 8.0613.3, with Harley or the Company or replacement Lender obligated to pay any applicable processing or recordation fee) with such Non-Extending Lender, pursuant to which such Additional Commitment Lenders shall, effective on or before the applicable Maturity Termination Date for such Non-Extending Lender, assume a Commitment (and, if any such Additional Commitment Lender is already a Lender, its Commitment shall be in addition to such Lender’s Commitment hereunder on such date). The Global Administrative Agent may effect such amendments to this Agreement as are reasonably necessary to provide for any such extensions with the consent of the Company Harley but without the consent of any other Lenders.
Appears in 1 contract
Additional Commitment Lenders. The Company Borrower shall have the right, but shall not be obligated, on or before the applicable Applicable Maturity Date for any Non-Extending Lender Lender, to replace such Non-Extending Lender with, and add as a “LendersLender” under this Agreement in place thereof, one or more banks, financial institutions or other entities that are Eligible Assignees (each, an “Additional Commitment Lender”) approved by the Administrative Agent in accordance with the procedures provided in Section 2.24Agent, each of which applicable Additional Commitment Lenders shall have entered into an Assignment and Assumption Agreement (in accordance with and subject to the restrictions contained in Section 8.0610.04, with the Company Borrower or replacement Lender obligated to pay any applicable processing or recordation fee) with such Non-Extending Lender, pursuant to which such Additional Commitment Lenders shall, effective on or before the applicable Applicable Maturity Date for such Non-Extending Lender, assume a Commitment Loans (and, if any such Additional Commitment Lender is already a Lender, its Commitment outstanding Loans so assumed shall be in addition to such Lender’s Commitment outstanding Loans hereunder on such date). The Administrative Agent may effect such amendments to this Agreement as are reasonably necessary to provide for any such extensions with the consent of the Company Borrower but without the consent of any other Lenders.
Appears in 1 contract
Additional Commitment Lenders. The Company AGCO shall have the right, but shall not be obligated, on or before the applicable Existing Maturity Date for any in accordance with the procedures provided in Section 10.5(b) as if such Non-Extending Lender was an Affected Lender thereunder, to replace such each Non-Extending Lender with, and add as “"Lenders” " under this Agreement in place thereof, one or more banks, financial institutions or other entities Eligible Assignees (each, an “"Additional Commitment Lender”) approved by the Administrative Agent in accordance with the procedures provided in Section 2.24"), each of which Additional Commitment Lenders shall have entered into an Assignment and Assumption Agreement (in accordance with and subject to the restrictions contained in Section 8.069.6, with the Company AGCO or replacement such Additional Commitment Lender obligated to pay any applicable processing or recordation fee) with such Non-Non- Extending Lender, pursuant to which such Additional Commitment Lenders shall, effective on or before the applicable Existing Maturity Date for such Non-Extending Lender, assume a Commitment and/or Loans (and, if any such Additional Commitment Lender is already a Lender, its Commitment and/or Loans shall be in addition to such Lender’s ▇▇▇▇▇▇'s Commitment and Loans hereunder on such date). The Administrative Agent may effect such amendments to this Agreement as are reasonably necessary to provide for any such extensions with the consent of the Company but without the consent of any other Lenders.
Appears in 1 contract
Sources: Credit Agreement (Agco Corp /De)
Additional Commitment Lenders. The Company AGCO shall have the right, but shall not be obligated, on or before the applicable Existing Maturity Date for any in accordance with the procedures provided in Section 10.5(b) as if such Non-Extending Lender was an Affected Lender thereunder, to replace such each Non-Extending Lender with, and add as “Lenders” under this Agreement in place thereof, one or more banks, financial institutions or other entities Eligible Assignees (each, an “Additional Commitment Lender”) approved by the Administrative Agent in accordance with the procedures provided in Section 2.24), each of which Additional Commitment Lenders shall have entered into an Assignment and Assumption Agreement (in accordance with and subject to the restrictions contained in Section 8.069.6, with the Company AGCO or replacement such Additional Commitment Lender obligated to pay any applicable processing or recordation fee) with such Non-Extending Lender, pursuant to which such Additional Commitment Lenders shall, effective on or before the applicable Existing Maturity Date for such Non-Extending Lender, assume a Commitment and/or Loans (and, if any such Additional Commitment Lender is already a Lender, its Commitment and/or Loans shall be in addition to such Lender’s Commitment and Loans hereunder on such date). The Administrative Agent may effect such amendments to this Agreement as are reasonably necessary to provide for any such extensions with the consent of the Company but without the consent of any other Lenders.
Appears in 1 contract
Sources: Credit Agreement (Agco Corp /De)
Additional Commitment Lenders. The Company Obligors shall have the right, but shall not be obligated, on or before the applicable Applicable Maturity Date for any Non-Extending Lender to replace such Non-Extending Lender with, and add as “Lenders” a "Lender" under this Agreement in place thereof, one or more banks, financial institutions or other entities (each, an “"Additional Commitment Lender”") approved by the Administrative Agent Agent, the Issuing Banks and the Swingline Lender in accordance with the procedures provided in Section 2.242.19(b), each of which applicable Additional Commitment Lenders shall have entered into an Assignment and Assumption Agreement (in accordance with and subject to the restrictions contained in Section 8.0610.04, with the Company applicable Obligor(s) or replacement Lender obligated to pay any applicable processing or recordation fee) with such Non-Extending Lender, pursuant to which such Additional Commitment Lenders shall, effective on or before the applicable Applicable Maturity Date for such Non-Extending Lender, assume a Commitment (and, if any such Additional Commitment Lender is already a Lender, its Commitment so assumed shall be in addition to such Lender’s 's Commitment hereunder on such date). The Administrative Agent may effect such amendments to this Agreement as are reasonably necessary to provide for any such extensions with the consent of the Company Loan Parties but without the consent of any other Lenders.
Appears in 1 contract
Sources: Revolving Credit Agreement (Millicom International Cellular Sa)
Additional Commitment Lenders. The Company Borrower shall have the right, but shall not be obligated, on or before the applicable Maturity Commitment Termination Date for any Non-Extending Lender to replace such Non-Extending Lender with, and add as “Lenders” under this Agreement in place thereof, one or more banks, financial institutions or other entities that each qualify as an Eligible Assignee (each, an “Additional Commitment Lender”) approved by the Administrative Agent in accordance with the procedures provided in Section 2.243.08(b), each of which Additional Commitment Lenders shall have entered into an Assignment and Assumption Agreement Acceptance (in accordance with and subject to the restrictions contained in Section 8.0610.04, with the Company Borrower or replacement Lender obligated to pay any applicable processing or recordation fee) with such Non-Extending Lender, pursuant to which such Additional Commitment Lenders shall, effective on or before the applicable Maturity Commitment Termination Date for such Non-Extending Lender, assume a Commitment (and, if any such Additional Commitment Lender is already a Lender, its Commitment shall be in addition to such Lender▇▇▇▇▇▇’s Commitment hereunder on such date). The Administrative Agent may effect such amendments to this Agreement as are reasonably necessary to provide for any such extensions with the consent of the Company Borrower but without the consent of any other Lenders.
Appears in 1 contract