Unanimity. Notwithstanding anything herein to the contrary and without limiting in any way the context of any provision in this Agreement requiring the consent, approval or action of all Lenders under the Credit Facility, the following matters will require the approval, consent or agreement, as the context requires, of all Lenders under the Credit Facility: (i) the reduction or forgiveness of any Indebtedness payable by the Borrower to the Lenders under the Credit Facility or under any of the Documents pertaining to the Credit Facility; (ii) any increase of the Commitment Amount (except as permitted by Section 3.2); (iii) the postponement of any maturity date of any Indebtedness of the Borrower to the Lenders under the Credit Facility or under any of the Documents pertaining to the Credit Facility; (iv) subject to Article 17, the requirement for delivery of, or any waiver or material amendment under, or release of the Guarantee Agreement other than as a result of a Restricted Subsidiary being designated as a Non-Restricted Subsidiary in accordance with Section 15.1; (v) any change in the nature of Advances under the Credit Facility; (vi) any change to the covenants referred to in Sections 3.9, 14.3(h) and 18.4; (vii) any decrease in the Applicable Margins set forth in Section 4.2; (viii) any amendment to Section 2.1, 18.4 or 20.1 or this Section 21.16(a); and (ix) any change to the definition of “Majority Lenders”; provided that any change to Section 3.10 or 18.3 will also require the consent of the Swing Line Lender and the Agent, any change to Article 11 will require the consent of each LC Issuer and the Agent and any change to this Article 21 will require the consent of the Agent. In addition, any change to the Individual Commitment Amount of a Lender can only be made with the consent of such Lender.
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Unanimity. Notwithstanding anything herein to the contrary and without limiting in any way the context of any provision in this Agreement requiring the consent, approval or action of all Lenders under the Credit Facility, the following matters will require the approval, consent or agreement, as the context requires, of all Lenders under the Credit Facility:
(i) the reduction or forgiveness of any Indebtedness payable by the Borrower to the Lenders under the Credit Facility or under any of the Documents pertaining to the Credit Facility;
(ii) any increase of the Aggregate Commitment Amount, the Tranche 1 Commitment Amount or the Tranche 2 Commitment Amount (except as permitted by Section 3.2);
(iii) the postponement of any maturity date of any Indebtedness of the Borrower to the Lenders under the Credit Facility or under any of the Documents pertaining to the Credit Facility;
(iv) subject to Article 17, the requirement for delivery of, or any waiver or material amendment under, or release of the Guarantee Agreement other than as a result of a Restricted Subsidiary being designated as a Non-Restricted Subsidiary in accordance with Section 15.1;
(v) any change in the nature of Advances under the Credit Facility;
(vi) Facility or any change to the covenants referred to in Sections 3.9, 4.2, 14.3(h) and 18.4;
(vii) any decrease in the Applicable Margins set forth in Section 4.2;
(viiivi) any amendment to Section 2.1, 18.4 or 20.1 or this Section 21.16(a); and
(ixvii) any change to the definition of “Majority Lenders”; provided that any change to Section 3.10 or 18.3 will also require the consent of the Swing Line Lender and the Agent, any change to Article 11 will require the consent of each the LC Issuer and the Agent and any change to this Article 21 will require the consent of the Agent. In addition, any change to the Individual Commitment Amount of a Lender can only be made with the consent of such Lender.
Appears in 1 contract
Unanimity. Notwithstanding anything herein to the contrary and without limiting in any way the context of any provision in this Agreement requiring the consent, approval or action of all Lenders under the Credit Facility, the following matters will require the approval, consent or agreement, as the context requires, of all Lenders under the Credit Facility:
(i) the reduction or forgiveness of any Indebtedness payable by the Borrower to the Lenders under the Credit Facility or under any of the Documents pertaining to the Credit Facility;
(ii) any increase of the Commitment Amount (except as permitted by Section 3.2);
(iii) the postponement of any maturity date of any Indebtedness of the Borrower to the Lenders under the Credit Facility or under any of the Documents pertaining to the Credit Facility;;
(iv) subject to Article 17, the requirement for delivery of, or any material waiver or material amendment under, or release of the Guarantee Agreement other than as a result of a Restricted Subsidiary being designated as a Non-Restricted Subsidiary in accordance with Section 15.1;
(v) any change in the nature of Advances under the Credit Facility;
(vi) any change to the covenants provisions referred to in Sections 3.9, 3.8 and 14.3(h) and 18.4);
(vii) any decrease in the Applicable Margins set forth in Section 4.2;
(viii) any amendment to Section 2.1, 18.4 18.5 or 20.1 or this Section 21.16(a); and;
(ix) any change to the definition of “"Majority Lenders”"; and
(x) amounts under the column titled "Adjustments in Applicable Margin" in the definition of "Applicable Sustainability Adjustment" (other than amendments or waivers which will increase the Applicable Margin); provided that any change to Section 3.10 3.9 or 18.3 18.4 will also require the consent of the Swing Line Lender and the Agent, any change to Article 11 will require the consent of each LC Issuer and the Agent and any change to this Article 21 will require the consent of the Agent. In addition, any change to the Individual Commitment Amount of a Lender can only be made with the consent of such Lender. For greater certainty, the Borrower and the Sustainability Structuring Agent (with the consent of the Majority Lenders) may agree on any alternative SPT Metric in accordance with Section 3.10 and on any other amendment to the definition of "Applicable Sustainability Adjustment" (but not to the amounts under the column titled "Adjustments in Applicable Margin"), "SPT Metrics" or any definitions or provisions directly or indirectly related thereto unless otherwise noted herein.
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Sources: Credit Agreement (ENERPLUS Corp)
Unanimity. Notwithstanding anything herein to the contrary and without limiting in any way the context of any provision in this Agreement requiring the consent, approval or action of all Lenders under the Credit Facility, the following matters will require the approval, consent or agreement, as the context requires, of all Lenders under the Credit Facility:
(i) the reduction or forgiveness of any Indebtedness payable by the Borrower to the Lenders under the Credit Facility or under any of the Documents pertaining to the Credit Facility;
(ii) any increase of the Commitment Amount (except as permitted by Section 3.2);
(iii) the postponement of any maturity date of any Indebtedness of the Borrower to the Lenders under the Credit Facility or under any of the Documents pertaining to the Credit Facility;
(iv) subject to Article 17, the requirement for delivery of, or any material waiver or material amendment under, or release of the Guarantee Agreement other than as a result of a Restricted Subsidiary being designated as a Non-Restricted Subsidiary in accordance with Section 15.1;
(v) any change in the nature of Advances under the Credit Facility;
(vi) any change to the covenants provisions referred to in Sections 3.9, 3.8 and 14.3(h) and 18.4);
(vii) any decrease in the Applicable Margins set forth in Section 4.2;
(viii) any amendment to Section 2.1, 18.4 or 20.1 or this Section 21.16(a); and
(ix) any change to the definition of “"Majority Lenders”"; provided that any change to Section 3.10 3.9 or 18.3 will also require the consent of the Swing Line Lender and the Agent, any change to Article 11 will require the consent of each LC Issuer and the Agent and any change to this Article 21 will require the consent of the Agent. In addition, any change to the Individual Commitment Amount of a Lender can only be made with the consent of such Lender.
Appears in 1 contract
Sources: Credit Agreement (ENERPLUS Corp)
Unanimity. Notwithstanding anything herein to the contrary and without limiting in any way the context of any provision in this Agreement requiring the consent, approval or action of all Lenders under the Credit Facility, the following matters will require the approval, consent or agreement, as the context requires, of all Lenders under the Credit Facility:
(i) the reduction or forgiveness of any Indebtedness payable by the Borrower to the Lenders under the Credit Facility or under any of the Documents pertaining to the Credit Facility;
(ii) any increase of the Commitment Amount (except as permitted by Section 3.2);
(iii) the postponement of any maturity date of any Indebtedness of the Borrower to the Lenders under the Credit Facility or under any of the Documents pertaining to the Credit Facility;
(iv) subject to Article 17, the requirement for delivery of, or any waiver or material amendment under, or release of the Guarantee Agreement other than as a result of a Restricted Subsidiary being designated as a Non-Restricted Subsidiary in accordance with Section 15.1;
(v) any change in the nature of Advances under the Credit Facility;
(vi) any change to the covenants referred to in Sections 3.9, 14.3(h) and 18.4;
(vii) any decrease in the Applicable Margins set forth in Section 4.2;
(viii) any amendment to Section 2.1, 17.2, 18.4 or 20.1 or this Section 21.16(a); and
(ix) any change to the definition of “"Majority Lenders”"; provided that any change to Section 3.10 or 18.3 will also require the consent of the Swing Line Lender and the Agent, any change to Article 11 will require the consent of each LC Issuer and the Agent and any change to this Article 21 will require the consent of the Agent. In addition, any change to the Individual Commitment Amount of a Lender can only be made with the consent of such Lender.
Appears in 1 contract
Unanimity. Notwithstanding anything herein to the contrary and without limiting in any way the context of any provision in this Agreement requiring the consent, approval or action of all Lenders under the Credit Facility, the following matters will require the approval, consent or agreement, as the context requires, of all Lenders under the Credit Facility:
(i) the reduction or forgiveness of any Indebtedness payable by the Borrower to the Lenders under the Credit Facility or under any of the Documents pertaining to the Credit Facility;
(ii) any increase of the Commitment Amount (except as permitted by Section 3.2)Amount;
(iii) the postponement of any maturity date of any Indebtedness of the Borrower to the Lenders under the Credit Facility or under any of the Documents pertaining to the Credit Facility;
(iv) subject to Article 1715, the requirement for delivery of, or any material waiver or material amendment under, or release of the Guarantee Agreement other than as a result of a Restricted Subsidiary being designated as a Non-Restricted Subsidiary in accordance with Section 15.113.1;
(v) any change in the nature of Advances under the Credit Facility;
(vi) any change to the covenants provisions referred to in Sections 3.9, 14.3(h) 3.9 and 18.412.3(h);
(vii) any decrease in the Applicable Margins applicable margins set forth in Section 4.2;
(viii) any amendment to Section 2.1, 18.4 3.2, 16.3 or 20.1 18.1 or this Section 21.16(a19.16(a); and
(ix) any change to the definition of “"Majority Lenders”"; provided that any change to Section 3.10 or 18.3 will also require the consent of the Swing Line Lender and the Agent, any change to Article 11 will require the consent of each LC Issuer and the Agent and any change to this Article 21 19 will require the consent of the Agent. In addition, any change to the Individual Commitment Amount of a Lender can only be made with the consent of such Lender.
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