Common use of Borrower Payments to a Non-Funding Lender Clause in Contracts

Borrower Payments to a Non-Funding Lender. The Agent shall be authorized to use all portions of any payments received by the Agent for the benefit of any Non-Funding Lender pursuant to this Agreement to pay in full the Aggregate Excess Funding Amount to the appropriate Secured Parties thereof (or Borrower). The Agent shall be entitled to hold as cash collateral in a non-interest bearing account up to an amount equal to such Non-Funding Lender’s pro rata share, until the Obligations (other than contingent indemnification Obligations to the extent no claim giving rise thereto has been asserted) are paid in full in cash and all Commitments have been terminated. Upon any such unfunded obligations owing by a Non-Funding Lender becoming due and payable, the Agent shall be authorized to use such cash collateral to make such payment on behalf of such Non-Funding Lender. In the event that the Agent is holding cash collateral of a Non-Funding Lender that cures its status as a Non-Funding Lender pursuant to clause (v) below or ceases to be a Non- Funding Lender pursuant to the definition of Non-Funding Lender, the Agent shall return the unused portion of such cash collateral to such Lender. The “Aggregate Excess Funding Amount” of a Non-Funding Lender shall be the aggregate amount of all unfunded or unpaid obligations owing by such Lender to the Agent and other Lenders under the Loan Documents.

Borrower Payments to a Non-Funding Lender. The Agent shall be is authorized to use all portions of any payments amounts received by the Agent for the benefit of any Non-Funding Lender pursuant to this Agreement first, to pay in full the Aggregate Excess Funding Amount to the appropriate Secured Parties thereof (or Borrower). The Agent shall be entitled and then to hold any amounts in excess of such payments as cash collateral in a non-interest bearing account up to an amount equal to such Non-Funding Lender’s pro rata share, unfunded Revolving Commitment. Agent may use such amount to pay such Non-Funding Lender’s funding obligations hereunder until the Obligations (other than contingent indemnification Obligations to the extent no claim giving rise thereto has been asserted) are paid in full in cash, all Letter of Credit Obligations have been discharged or cash collateralized and all Commitments have been terminated. Upon any such unfunded obligations Any amounts owing by a Non-Funding Lender becoming to Agent which are not paid when due and payable, shall accrue interest at the Agent shall be authorized interest rate applicable during such period to use such cash collateral to make such payment on behalf of such Non-Funding LenderRevolving Loans that are Base Rate Loans. In the event that the Agent is holding cash collateral of a Non-Funding Lender that cures its status as a Non-Funding Lender pursuant to clause (vSection 1.18(e) below or ceases to be a Non- Non-Funding Lender pursuant to the definition of Non-Funding Lender, the Agent shall return the unused portion of such cash collateral to such Lender. The “Aggregate Excess Funding Amount” of a Non-Funding Lender shall be the aggregate amount of all unfunded or unpaid obligations owing by such Lender to the Agent and other Lenders under the Loan Documents.

Borrower Payments to a Non-Funding Lender. The Administrative Agent shall be authorized entitled to use hold, in a non-interest bearing account, all portions of any payments received by the Administrative Agent for the benefit of any Non-Funding Lender pursuant to this Agreement as cash collateral. The Administrative Agent is hereby authorized to use such cash collateral to pay in full the Aggregate Excess Funding Amount to the appropriate Secured Parties thereof (or Borrower). The Agent shall be entitled thereof, and then, to hold as cash collateral in a non-interest bearing account up to an the amount equal to of such Non-Funding Lender’s pro rata share, until the Obligations (other than contingent indemnification Obligations to the extent no claim giving rise thereto has been asserted) are paid in full in cash and all Commitments have been terminated. Upon any such unfunded obligations owing by a Non-Funding Lender becoming due and payable, the Administrative Agent shall be authorized to use such cash collateral to make such payment on behalf of such Non-Funding Lender. Any amounts owing by a Non-Funding Lender to the Administrative Agent which are not paid when due shall accrue interest at the LIBOR Rate applicable during such period. In the event that the Administrative Agent is holding cash collateral of a Non-Funding Lender that cures its status as a Non-Funding Lender pursuant to clause (viii) below or ceases to be a Non- Non-Funding Lender pursuant to the definition of Non-Funding Lender, the Administrative Agent shall return the unused portion of such cash collateral to such Lender. The “Aggregate Excess Funding Amount” of a Non-Funding Lender shall be the aggregate amount of all unfunded or unpaid obligations owing by such Lender to the Agent Administrative Agent, and other Lenders under the Loan Documents.