Common use of Certain Circumstances Clause in Contracts

Certain Circumstances. If (i) there exists no Event or Event of Default on any such date and no Event or Event of Default shall be caused by the action permitted below and (ii) any one Lender refuses to consent to any amendment, waiver or consent to any provision hereof or in any Loan Documents in accordance with the terms of Section 11.14 of this Agreement (other than an amendment to increase the Commitment of such Lender), but to which each other Lender has previously agreed in writing, then the Borrower may, within 45 days after the date of such consent, amendment or waiver, replace such Lender in whole with another Eligible Assignee reasonably acceptable to the Agent, pursuant to an Assignment Agreement.

Appears in 2 contracts

Sources: Loan and Facilities Agreement (Bh Re LLC), Loan and Facilities Agreement (Bh Re LLC)

Certain Circumstances. If (i) there exists no Event Default or Event of Default on any such date and no Event Default or Event of Default shall be caused by the action permitted below and (ii) any one Lender refuses to consent to any amendment, waiver or consent to any provision hereof or in any Loan Documents in accordance with the terms of Section 11.14 of this Agreement 11.11 hereof (other than an amendment to increase the Commitment of such Lender), but to which each other Lender has previously agreed in writingagreed, then then, the Borrower may, within 45 90 days after the date of such consent, amendment or waiver, replace such Lender in whole with another Eligible Assignee reasonably acceptable to the AgentAssignee, pursuant to an Assignment Agreement.

Appears in 1 contract

Sources: Term Credit Agreement (Pillowtex Corp)