Defaulting Lender

Example Definitions of "Defaulting Lender"
Defaulting Lender. Means any Lender that has, as determined by the Administrative Agent, (a) failed to fund any portion of its Loans or participations in Facility LCs within three Business Days of the date required to be funded by it hereunder, (b) notified the Borrower, the Administrative Agent, the LC Issuer or any Lender in writing that it does not intend to comply with any of its funding obligations under this Agreement or has made a public statement to the effect that it does not intend to comply with its... funding obligations under this Agreement or under any other agreement in which it commits to extend credit, (c) failed, within three Business Days after request by the Administrative Agent, to confirm that it will comply with the terms of this Agreement relating to its obligations to fund prospective Loans and participations in then outstanding Facility LCs, (d) otherwise failed to pay over to the Administrative Agent or any other Lender any other amount required to be paid by it hereunder within three Business Days of the date when due, unless the subject of a good faith dispute, or (e) (i) become or is insolvent or has a parent company that has become or is insolvent or (ii) become the subject of a bankruptcy or insolvency proceeding, or has had a receiver, conservator, trustee or custodian appointed for it, or has taken any action in furtherance of, or indicating its consent to, approval of or acquiescence in any such proceeding or appointment or has a parent company that has become the subject of a bankruptcy or insolvency proceeding, or has had a receiver, conservator, trustee or custodian appointed for it, or has taken any action in furtherance of, or indicating its consent to, approval of or acquiescence in any such proceeding. View More
Found in Penn Virginia Corporation contract
Defaulting Lender. Means Defaulting Lender means any Lender that has, as determined by the Administrative Agent, (a) (i) has failed to fund any portion of its Loans the Advances or participations in Facility LCs L/C Obligations required to be funded by it hereunder within three one Business Days Day of the date required to be funded by it hereunder, (b) (ii) has otherwise failed to pay over to the Administrator or any other Lender any other amount required to be paid by it hereunder within three Business Days of... the date when due, unless such amount is the subject of a good faith dispute, (iii) has notified the Borrower, the Administrative Agent, the LC Issuer Administrator or any other Lender in writing that it does not intend to comply with any of its funding obligations under this Agreement or has made a public statement to the effect that it does not intend to comply or has failed to comply with its funding obligations under this Agreement or generally under any other agreement agreements in which it commits or is obligated to extend credit, (c) failed, within three Business Days after request by the Administrative Agent, to confirm that it will comply with the terms of this Agreement relating to its obligations to fund prospective Loans and participations in then outstanding Facility LCs, (d) otherwise failed to pay over to the Administrative Agent or any other Lender any other amount required to be paid by it hereunder within three Business Days of the date when due, unless the subject of a good faith dispute, or (e) (i) (iv) has become or is insolvent or has a parent company that has become or is insolvent or (ii) become the subject of a bankruptcy or insolvency proceeding, or has had a receiver, conservator, trustee or custodian appointed for it, or has taken any action in furtherance of, or indicating its consent to, approval of or acquiescence in any such proceeding or appointment or has a parent company that has become the subject of a bankruptcy or insolvency proceeding, or has had a receiver, conservator, trustee or custodian appointed for it, or has taken any action in furtherance of, or indicating its consent to, approval of or acquiescence in any such proceeding. appointment. View More
Found in JARDEN CORP contract
Defaulting Lender. Means any Lender that has, Lender, as determined by the Administrative Agent, that has (a) failed to fund any portion of its Loans or participations in Facility LCs Letters of Credit or Swingline Loans within three Business Days of the date required to be funded by it hereunder, (b) notified the Borrower, the Administrative Agent, the LC Issuer any Issuing Bank or any Lender in writing that it does not intend to comply with any of its funding obligations under this Agreement or has made a... public statement to the effect that it does not intend to comply with its funding obligations under this Agreement or under any other agreement agreements in which it commits to extend credit, (c) failed, within three Business Days after request by the Administrative Agent, to confirm that it will comply with the terms of this Agreement relating to its obligations to fund prospective Loans and participations in then outstanding Facility LCs, Letters of Credit or Swingline Loans, (d) otherwise failed to pay over to the Administrative Agent Agent, any Issuing Bank or any other Lender any other amount required to be paid by it hereunder within three Business Days of the date when due, unless the subject of a good faith dispute, or (e) (i) become or is insolvent or has a parent company that has become or is insolvent or (ii) become the subject of a bankruptcy or insolvency proceeding, or has had a receiver, conservator, trustee or custodian appointed for it, or has taken any action in furtherance of, or indicating its consent to, approval of or acquiescence in any such proceeding or appointment or has a parent company that has become the subject of a bankruptcy or insolvency proceeding, or has had a receiver, conservator, trustee or custodian appointed for it, or has taken any action in furtherance of, or indicating its consent to, approval of or acquiescence in any such proceeding. proceeding or appointment; provided, that a Lender shall not become a Defaulting Lender solely as a result of the acquisition or maintenance of an ownership interest in such Lender or Person controlling such Lender or the exercise of control over a Lender or Person controlling such Lender by a Governmental Authority or an instrumentality thereof. View More
Found in NuStar Energy L.P. contract
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Defaulting Lender. The definition of 'Defaulting Lender' set forth in Section 1.1 of the HGC Credit Agreement, is hereby amended by adding the words 'or a Bail-In Action' immediately following the words 'Debtor Relief Law' in clause (d)(i) thereof.
Found in Macquarie Infrastructure Corp contract
Defaulting Lender. The definition of 'Defaulting Lender' "Defaulting Lender" set forth in Section 1.1 of the HGC TGC Credit Agreement, is hereby amended by adding the words 'or "or a Bail-In Action' Action" immediately following the words 'Debtor "Debtor Relief Law' Law" in clause (d)(i) thereof.
Found in Macquarie Infrastructure Corp contract
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Defaulting Lender. A Lender that fails to pay its Pro Rata Share of a Payment Amount within five (5) Business Days after notice from Administrative Agent, until such Lender cures such failure as permitted in this Loan Agreement.
Found in CNL Growth Properties, Inc. contract
Defaulting Lender. Means (a) a Lender that fails to pay its Pro Rata Share of a Payment Amount within five (5) Business Days after notice from Administrative Agent, until such Lender cures such failure as permitted in this Agreement, and (b) a Lender that assigns any of its interest in the Loan in a manner that contradicts the terms for assignment set forth in the Loan Documents.
Found in Behringer Harvard Opportunity REIT I, Inc. contract
Defaulting Lender. Or has become the subject of a Bail-in Action
Found in Six Flags contract
Defaulting Lender. Any Lender that (a) has failed, within three (3) Business Days of the date required to be funded or paid, to (i) fund any portion of its Loans, (ii) fund any portion of its participations in Letters of Credit or (iii) pay over to any Credit Party any other amount required to be paid by it hereunder; (b) has notified the Borrower or any Credit Party in writing, or has made a public statement, to the effect that it does not intend or expect to comply with any of its funding obligations under this... Agreement or generally under other agreements in which it commits to extend credit; (c) has failed, within three (3) Business Days after request by the Administrative Agent or a Credit Party, acting in good faith, to provide a certification in writing from an authorized officer of such Lender that it will comply with its obligations to fund prospective Loans and participations in then outstanding Letters of Credit under this Agreement; provided that such Lender shall cease to be a Defaulting Lender pursuant to this clause (c) upon such Credit Party's receipt of such certification in form and substance satisfactory to it and the Administrative Agent; or (d) has (or whose bank holding company has) been placed into receivership, conservatorship or bankruptcy or has become subject to a Bail-in Action; provided that a Lender shall not become a Defaulting Lender solely as a result of the acquisition or maintenance of an ownership interest in such Lender or Person controlling such Lender or the exercise of control over a Lender or Person controlling such Lender by a Governmental Authority or an instrumentality thereof; provided, further, that the appointment of an administrator, provisional liquidator, conservator, receiver, trustee, custodian or other similar official by a supervisory authority or regulator with respect to a Lender or Person under the Dutch Financial Supervision Act 2007 (as amended from time to time and including any successor legislation) shall not be deemed an event described in clause (d) hereof View More
Found in Oasis Petroleum contract
Defaulting Lender. In Section 1.1 (Definitions) is amended by adding the following after "Debtor Relief Law": "or a Bail-In Action".
Found in Ring Energy, Inc. contract
Defaulting Lender. Has, or has a direct or indirect parent company that has, become the subject of a Bail-In Action.
Found in Bristol-Myers Squibb contract
Defaulting Lender. Shall have become the subject of a Bail-in Action.
Found in TIME WARNER INC. contract
Defaulting Lender. Means any Lender whose acts or failure to act, whether directly or indirectly, cause it to meet any part of the definition of "Lender Default".
Found in VRIO CORP. contract
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