Unanimity. Any amendment, extension or waiver of, or consent to, the terms of this Agreement which changes or relates to: (a) the amount of the Facility or any Lender's Proportion thereof (except for the permanent reductions and assignments expressly contemplated hereby); (b) the rate or dates or order of payment of interest, reductions in the Applicable Margins or any BA Stamping Fees, LCG Fees, 364 Day Commitment Fees or other fees payable hereunder; (c) subject to Section 2.5, the definition of the 364 Day Tranche Repayment Date; (d) the definition of Term Tranche Repayment Date; (e) any adjustment of the Lender's Proportions or of the Lender's Proportions; (f) any alteration of the amount, currency or mode of calculation or computation of any principal, interest or other amounts owing hereunder; (g) the definition of Majority Lenders; (h) the types of drawings available under the Facility; (i) any amendment to any provision of this Agreement that requires unanimous consent of the Lenders; (j) any release of, or materially adverse change to, any Security Agreement unless permitted under the terms hereof or thereof, provided that if the Lenders' Counsel provides an opinion to the effect that a change to any such Security Agreement is not materially adverse, such determination will be binding on the Lenders; (k) the assignment or transfer by the Borrower of any or all of its rights and obligations under this Agreement; and (l) this Part 16 or any amendment hereof; shall require the consent, approval or agreement of all Lenders.
Appears in 1 contract
Sources: Operating Credit Agreement (Mercer International Inc)
Unanimity. Any amendment, extension or waiver of, or consent to, the terms of this Agreement which changes or relates to:
(a) the amount of the Facility or any Lender's ’s Proportion thereof (except for the permanent reductions and assignments expressly contemplated hereby);
(b) the rate or dates or order of payment of interest, reductions in the Applicable Margins or any BA Stamping Fees, LCG Fees, 364 Day Commitment Fees or other fees payable hereunder;
(c) subject to Section 2.5, the definition of the 364 Day Tranche Repayment Date;
(d) the definition of Term Tranche Repayment Date;
(e) any adjustment of the Lender's ’s Proportions or of the Lender's ’s Proportions;
(f) any alteration of the amount, currency or mode of calculation or computation of any principal, interest or other amounts owing hereunder;
(g) the definition of Majority Lenders;
(h) the types of drawings available under the Facility;
(i) any amendment to any provision of this Agreement that requires unanimous consent of the Lenders;
(j) any release of, or materially adverse change to, any Security Agreement unless permitted under the terms hereof or thereof, provided that if the Lenders' ’ Counsel provides an opinion to the effect that a change to any such Security Agreement is not materially adverse, such determination will be binding on the Lenders;
(k) the assignment or transfer by the Borrower of any or all of its rights and obligations under this Agreement; and
(l) this Part 16 or any amendment hereof; shall require the consent, approval or agreement of all Lenders.
Appears in 1 contract
Sources: Operating Credit Agreement (Mercer International Inc.)