“Extending Term Lender” has the meaning set forth in [Section 2.16(c)].
“Non-Extending Lender” has the meaning set forth in [Section 2.21(a)].
“Extending Lender” means # each Lender that has agreed to extend its Commitment pursuant to the Sixth Amendment, # each Non-Extending Lender that has agreed after the Sixth Amendment Effective Date to become an “Extending Lender” hereunder (which agreement shall be in form and substance reasonably satisfactory to the Borrower and the Administrative Agent), # any Assuming Lender that becomes a party hereto on or after the Sixth Amendment Effective Date and # any other Person that shall have become a party hereto pursuant to an Assignment and Assumption that provides for it to assume a Commitment or to acquire Revolving Credit Exposure from any such Extending Lender, as applicable; in each case, other than any such Person that ceases to be a party hereto pursuant to an Assignment and Assumption or otherwise in accordance with the terms hereof.
any Non-Extending Lender being replaced by one or more Additional Commitment Lenders pursuant hereto, such Non-Extending Lender may elect, in its sole discretion, by giving irrevocable notice thereof to the Administrative Agent and the Borrower (which notice shall set forth such Lender’s new Maturity Date), to become an Extending Lender. The Administrative Agent may effect such amendments to this Agreement as are reasonably necessary to provide for any such extensions with the consent of the Borrower but without the consent of any other Lenders.
“Extending Revolving Credit Lender” shall have the meaning specified in [Section 2.18(b)].
Lender Meetings. Borrowers will, within 30 days after delivery of the annual audited financial statements of Borrowers for each fiscal year, at the request of Agent or of the Required Lenders and upon reasonable prior notice, hold a meeting (at a mutually agreeable location and time or, at the option of Agent, by conference call) with all Lenders who choose to attend such meeting at which meeting shall be reviewed the financial results of the previous fiscal year and the financial condition of Borrowers and their Subsidiaries and the projections presented for the current fiscal year of Administrative Borrower.
Lender Representations. Lender hereby represents that it is an “accredited investor” (as defined in 17 CFR 230.501 # ). Lender further represents that Lender has not been formed for the purpose of making this investment, that Lender is acquiring the promissory note(s), warrants, and securities herein for its own account and for investment purposes only and has no present intention, agreement, or arrangement for the distribution, transfer, assignment, resale, or subdivision thereof. Lender further agrees that it will not distribute, transfer, assign, sell, or by any other means transfer ownership of, or any rights to, the promissory note(s) without prior approval of the Companies.
in the case of an assignment resulting from a Lender becoming a Non-Consenting Lender or a Non-Extending Lender, the applicable assignee shall have consented to the applicable amendment, waiver, consent or Extension Offer.
effective as of the Consent Date, the Termination Date of each Extending Lender shall be extended to the New Termination Date;
the Company may replace such Non-Extending Lender as a party to this Agreement in accordance with [Section 2.15(c)]; and
AllDrafts is a cloud-based editor designed specifically for contracts. With automatic formatting, a massive clause library, smart redaction, and insanely easy templates, it’s a welcome change from Word.
And AllDrafts generates clean Word and PDF files from any draft.