Common use of Assignment of Commitments Under Certain Circumstances Clause in Contracts

Assignment of Commitments Under Certain Circumstances. In the event that any Lender shall have delivered a notice or certificate pursuant to Section 2.17 or 2.18, or the Borrower shall be required to make additional payments to any Lender under Section 2.23, the Borrower shall have the right, at its own expense, upon notice to such Lender and the Administrative Agent, to require such Lender to transfer and assign without recourse (in accordance with and subject to the restrictions contained in Section 8.5) all its interests, rights and obligations under this Agreement to another financial institution selected by the Borrower with the consent of the Managing Agents (which consent will not be unreasonably withheld) which financial institution shall assume such obligations; provided that (i) no such assignment shall conflict with any law, rule or regulation or order of any Governmental Authority and (ii) the Borrower or the assignee, as the case may be, shall pay to the affected Lender in immediately available funds on the date of such termination or assignment the principal of and interest accrued to the date of payment on the Loans made by it hereunder and all other amounts accrued for its account or owed to it hereunder or under the Notes, including without limitation all amounts owing to such Lender pursuant to Section 2.19.

Appears in 2 contracts

Sources: Credit Agreement (Harris Corp /De/), Credit Agreement (Harris Corp /De/)

Assignment of Commitments Under Certain Circumstances. In the event that any Lender shall have delivered a notice or certificate pursuant to Section 2.17 2.11 or 2.182.12, or the Borrower shall be required to make additional payments to any Lender under Section 2.232.17, the Borrower shall have the rightright (unless such Lender shall designate another lending office for any Loans affected by the circumstances giving rise to the operation and after the date of such redesignation, eliminate such circumstances), at its own expense, upon notice to such Lender and the Administrative Agent, to require such Lender to transfer and assign without recourse (in accordance with and subject to the restrictions contained in Section 8.59.04) all its interests, rights and obligations under this Agreement to another financial institution selected by the Borrower with the consent of the Managing Agents (which consent will not be unreasonably withheld) which financial institution shall assume such obligations; provided that (i) no such assignment shall conflict with any law, rule or regulation or order of any Governmental Authority to which such Lender is subject and (ii) the Borrower or the assignee, as the case may be, shall pay to the affected Lender in immediately available funds on the date of such termination or assignment the principal of and interest accrued to the date of payment on the Loans made by it hereunder and all other amounts accrued for its account or owed to it hereunder or under the Notes, including without limitation all amounts owing to such Lender pursuant to Section 2.19hereunder.

Appears in 2 contracts

Sources: Senior Secured Term Loan Agreement (McDermott International Inc), Senior Secured Term Loan Agreement (McDermott International Inc)

Assignment of Commitments Under Certain Circumstances. In the event that any Lender shall have delivered a notice or certificate pursuant to Section 2.17 2.12 or 2.182.13, or the any Borrower shall be required to make additional payments to any Lender under Section 2.232.17, the Borrower Borrowers shall have the right, at its their own expense, upon notice to such Lender and the Administrative AgentAgents, to require such Lender to transfer and assign without recourse (in accordance with and subject to the restrictions contained in Section 8.58.04) all its such Lender's interests, rights and obligations under this Agreement contained hereunder to another financial institution selected approved by the Borrower with Agents and the consent of the Managing Agents Borrowers (which consent will approval shall not be unreasonably withheld) which financial institution shall assume such obligations; provided that (i) no such assignment shall conflict with any law, rule or regulation or order of any Governmental Authority and (iii) the Borrower assignee or the assigneeBorrowers, as the case may be, shall pay to the affected Lender in immediately available funds on the date of such termination or assignment the principal of and interest accrued to the date of payment on the Loans made by it hereunder and all other amounts accrued for its account or owed to it hereunder or under the Notes, including without limitation all amounts owing to such Lender pursuant to Section 2.19hereunder.

Appears in 2 contracts

Sources: 364 Day Competitive Advance and Revolving Credit Facility Agreement (Texas Utilities Co /Tx/), 364 Day Competitive Advance and Revolving Credit Facility Agreement (Tu Acquisitions PLC)

Assignment of Commitments Under Certain Circumstances. In the event that any Lender shall have delivered a notice or certificate pursuant to Section 2.17 2.11 or 2.182.12, or the Borrower shall be required to make additional payments to any Lender under Section 2.232.16 or the Borrower is entitled to exercise its right to require assignment under Section 2.21 hereof, the Borrower shall have the right, at its own expense, upon notice to such Lender and the Administrative Agent, to require such Lender to transfer and assign without recourse (in accordance with and subject to the restrictions contained in Section 8.58.04) all its such Lender's interests, rights and obligations under this Agreement contained hereunder to another financial institution selected approved by the Administrative Agent and the Borrower with the consent of the Managing Agents (which consent will approval shall not be unreasonably withheld) which financial institution shall assume such obligations; provided that (i) no such assignment shall conflict with any law, rule or regulation or order of any Governmental Authority and (ii) the Borrower assignee or the assigneeBorrower, as the case may be, shall pay to the affected Lender in immediately available funds on the date of such termination or assignment the principal of and interest and Fees accrued to the date of payment on the Loans and Swingline Loans made by it hereunder and all other amounts accrued for its account or owed to it hereunder or under the Notes, including without limitation all amounts owing to such Lender pursuant to Section 2.19hereunder.

Appears in 1 contract

Sources: Revolving Credit Facility Agreement (Lennox International Inc)

Assignment of Commitments Under Certain Circumstances. In the event that any Lender or the Fronting Bank shall have delivered a notice or certificate pursuant to Section 2.17 2.13 or 2.182.14, or the any Borrower shall be required to make additional payments to any Lender or the Fronting Bank under Section 2.232.18, the Borrower Borrowers shall have the right, at its their own expense, upon notice to such Lender or the Fronting Bank (as the case may be) and the Administrative AgentAgents, to require such Lender or the Fronting Bank (as the case may be) to transfer and assign without recourse (in accordance with and subject to the restrictions contained in Section 8.58.04) all its such Lender's or the Fronting Bank's (as the case may be) interests, rights and obligations under this Agreement contained hereunder to another financial institution selected approved by the Borrower with Agents and the consent of the Managing Agents Borrowers (which consent will approval shall not be unreasonably withheld) which financial institution shall assume such obligations; provided that (i) no such assignment shall conflict with any law, rule or regulation or order of any Governmental Authority and (ii) the Borrower or the assignee, as the case may be, assignee shall pay to the affected Lender or the Fronting Bank (as the case may be) in immediately available funds on the date of such termination or assignment the principal of and interest accrued to the date of payment on the Loans Extensions of Credit made by it hereunder and all other amounts accrued for its account or owed to it hereunder or under and the Notes, including without limitation all amounts owing to such Lender Borrowers shall pay the processing and recordation fee due pursuant to Section 2.198.04.

Appears in 1 contract

Sources: Credit Facility Agreement (Txu Electric Co)