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8-K
BRISTOW GROUP INC filed this Form 8-K on 04/23/2018
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  (b) Any amendment or waiver which relates to:

 

  (i) relates only to the rights or obligations applicable to a particular Utilisation, Facility or class of Lender; and

 

  (ii) does not adversely affect the rights or interests of Lenders in respect of any other Utilisation or Facility or another class of Lender,

may be made in accordance with this Clause 42 but as if references in this Clause 42 to the specified proportion of Lenders (including, for the avoidance of doubt, all the Lenders) whose consent would, but for this Clause 42.3(b), be required for that amendment or waiver were to that proportion of the Lenders participating in that particular Utilisation or Facility or forming part of that particular class.

 

  (c) Subject to Clause 42.3(d), an amendment or waiver that relates to the addition of new categories of eligible assets and amendments to the eligibility criteria in the definition of “Borrowing Base” (or any of the definitions used therein or which contribute thereto) in each case to the extent any such changes would increase Availability, shall not be made without the prior consent of the Super Majority Lenders and of the Agent.

 

  (d) An amendment or waiver that relates to an increase or other change of advance rates in the definition of “Borrowing Base”, shall not be made without the prior consent of all Lenders.

 

42.4 Replacement of Screen Rate

Subject to Clause 42.3(a) if any Screen Rate is not available for a currency which can be selected for a Loan, any amendment or waiver which relates to providing for another benchmark rate to apply in relation to that currency in place of that Screen Rate (or which relates to aligning any provision of a Finance Document to the use of that other benchmark rate) may be made with the consent of the Majority Lenders in accordance with the provisions of Clause 16.1(b) (Unavailability of Screen Rate).

 

42.5 Excluded Commitments

If:

 

  (a) any Defaulting Lender fails to respond to a request for a consent, waiver, amendment of or in relation to any term of any Finance Document or any other vote of Lenders under the terms of this Agreement within five Business Days of that request being made; or

 

  (b) any Lender which is not a Defaulting Lender fails to respond to such a request (other than an amendment, waiver or consent referred to in Clause 42.2(b), Clause 42.2(c) and Clause 42.2(e)) or such a vote within 10 Business Days of that request being made,

(unless, in either case, the Obligors’ Agent and the Agent agree to a longer time period in relation to any request):

 

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