Common use of Change of Lender Clause in Contracts

Change of Lender. (a) A Lender may: (i) assign any of its rights; or (ii) transfer by novation any of its rights and obligations, in respect of any Debt Documents or the Liabilities if: (A) that assignment or transfer is in accordance with the terms of the Facilities Agreement; and (B) subject to paragraph (b) below, any assignee or transferee has (if not already a Party as a Lender acceded to this Agreement, as a Lender), pursuant to Clause 19.9 (Creditor Accession Undertaking). (b) Paragraph (a)(ii)(B) above shall not apply in respect of any Debt Purchase Transaction (as defined in the Facilities Agreement) permitted by the terms of the Facilities Agreement entered into by a Borrower and effected in accordance with the terms of the Debt Documents.

Appears in 1 contract

Sources: Intercreditor Agreement

Change of Lender. (a) A Lender may: (i) assign any of its rights; or (ii) transfer by novation any of its rights and obligations, in respect of any Debt Documents or the Liabilities if: (A1) that assignment or transfer is in accordance with the terms of the Facilities Agreement; and (B2) subject to paragraph (b) below, any assignee or transferee has (if not already a Party as a Lender acceded to this Agreement, as a Lender), pursuant to Clause 19.9 (Creditor Accession Undertaking). (b) Paragraph (a)(ii)(Ba)(ii)(2) above shall not apply in respect of any Debt Purchase Transaction (as defined in the Facilities Agreement) permitted by the terms Clause 29.1 (Permitted Debt Purchase Transactions) of the Facilities Agreement entered into by a Borrower and effected in accordance with the terms of the Debt Documents.

Appears in 1 contract

Sources: Intercreditor Agreement