Common use of Cure of Defaulting Lender Clause in Contracts

Cure of Defaulting Lender. If the Parent, the Administrative Agent and the Issuing Banks agree in writing in their discretion that a Bank that is a Defaulting Lender or a Potential Defaulting Lender should no longer be deemed to be a Defaulting Lender or Potential Defaulting Lender, as the case may be, the Administrative Agent will so notify the parties hereto, whereupon as of the effective date specified in such notice and subject to any conditions set forth therein (which may include arrangements with respect to any amounts then held in the segregated account referred to in Section 2.21), such Bank will, to the extent applicable, purchase such portion of outstanding Advances and Letter of Credit Liabilities of the other Banks and/or make such other adjustments as the Administrative Agent may determine to be necessary to cause the Credit Extensions of the Banks to be on a pro rata basis in accordance with their respective Commitments, whereupon such Bank will cease to be a Defaulting Lender or Potential Defaulting Lender and will be a Non-Defaulting Lender (and such Credit Extension of each Bank will automatically be adjusted on a prospective basis to reflect the foregoing); provided that no adjustments will be made retroactively with respect to fees accrued or payments made by or on behalf of the Borrowers while such Bank was a Defaulting Lender; and provided further that, except to the extent otherwise expressly agreed by the affected parties, no change hereunder from Defaulting Lender or Potential Defaulting Lender to Non-Defaulting Lender will constitute a waiver or release of any claim of any party hereunder arising from such Bank’s having been a Defaulting Lender or Potential Defaulting Lender.

Cure of Defaulting Lender. If the ParentBorrower, the Administrative Agent and the Issuing Banks Bank agree in writing in their good faith discretion that a Bank Lender that is a Defaulting Lender or a Potential Defaulting Lender should no longer be deemed to be a Defaulting Lender or Potential Defaulting Lender, as the case may be, the Administrative Agent will so notify the parties hereto, whereupon as of the effective date specified in such notice and subject to any conditions set forth therein (which may include arrangements with respect to any amounts then held in the segregated account referred to in Section 2.212.15), such Bank Lender will, to the extent applicable, purchase such portion of outstanding Advances and Letter of Credit Liabilities of the other Banks Lenders and/or make such other adjustments as the Administrative Agent may determine to be necessary to cause the Credit Extensions of the Banks Lenders to be on a pro rata basis in accordance with their respective Commitments, whereupon such Bank Lender will cease to be a Defaulting Lender or Potential Defaulting Lender and will be a Non-Defaulting Lender (and such Credit Extension Exposure of each Bank Lender will automatically be adjusted on a prospective basis to reflect the foregoing); provided that no adjustments will be made retroactively with respect to fees accrued or payments made by or on behalf of the Borrowers Borrower while such Bank Lender was a Defaulting Lender; and provided further thatprovided, further, that except to the extent otherwise expressly agreed by the affected parties, no change hereunder from Defaulting Lender or Potential Defaulting Lender to Non-Defaulting Lender will constitute a waiver or release of any claim of any party hereunder arising from such BankLender’s having been a Defaulting Lender or Potential Defaulting Lender.

Cure of Defaulting Lender. If the Parentapplicable Borrower, the Administrative Agent Agent, Issuing Lender and the Issuing Banks Swingline Lender agree in writing in their discretion that a Bank Lender that is a Defaulting Lender or a Potential Defaulting Lender should no longer be deemed to be a Defaulting Lender or Potential Defaulting Lender, as the case may be, the such Administrative Agent will so notify the parties hereto, whereupon as of the effective date specified in such notice and subject to any conditions set forth therein (which may include arrangements with respect to any amounts then held in the segregated account referred to in Section 2.21)therein, such Bank Lender will, to the extent applicable, purchase such portion of outstanding Advances and Letter of Credit Liabilities of the other Banks Lenders and/or make such other adjustments as the Applicable Administrative Agent may determine to be necessary to cause the US Outstandings, Canadian Outstandings, and applicable Letter of Credit Extensions of the Banks Exposure to be on a pro rata basis in accordance with their respective CommitmentsCommitments in the respective Facilities, whereupon such Bank Lender will cease to be a Defaulting Lender or Potential Defaulting Lender and will be a Non-Defaulting Lender (and such Credit Extension of each Bank will automatically be adjusted on a prospective basis to reflect the foregoing)Lender; provided that no adjustments will be made retroactively with respect to fees interest accrued or payments made by or on behalf of the Borrowers while such Bank Lender was a Defaulting Lender; and provided further thatprovided, further, that except to the extent otherwise expressly agreed by the affected parties, no change hereunder from cessation of any Lender being considered as a Defaulting Lender or Potential Defaulting Lender to Non-Defaulting Lender hereunder will constitute a waiver or release of any claim of any party hereunder arising from such BankLender’s having been a Defaulting Lender or Potential Defaulting Lender.

Cure of Defaulting Lender. If the Parent, the Administrative DIP Agent and the Issuing Banks DIP Lenders agree in writing in their discretion that a Bank that DIP Lender is a Defaulting Lender or a Potential Defaulting Lender should no longer be deemed to be a Defaulting Lender or Potential Defaulting Lender, as the case may be, the Administrative DIP Agent will so notify the parties hereto, whereupon as of the effective date specified in such notice and subject to any conditions set forth therein (which may include arrangements with respect to any amounts then held in the segregated account referred to in Section 2.212.14), such Bank DIP Lender will, to the extent applicable, purchase at par such portion of outstanding Advances and Letter of Credit Liabilities DIP Loans of the other Banks DIP Lender and/or make such other adjustments as the Administrative DIP Agent may determine to be necessary to cause the Credit Extensions DIP Loans of the Banks DIP Lender to be on a pro rata basis in accordance with their respective Commitments, whereupon such Bank DIP Lender will cease to be a Defaulting Lender or Potential Defaulting Lender and will be a Non-Defaulting Lender (and such Credit Extension of each Bank DIP Lender will automatically be adjusted on a prospective basis to reflect the foregoing); provided that no adjustments will be made retroactively with respect to fees accrued or payments made by or on behalf of the Borrowers while such Bank DIP Lender was a Defaulting Lender; and provided further that, except to the extent otherwise expressly agreed by the affected parties, no change hereunder from Defaulting Lender or Potential Defaulting Lender to Non-Defaulting Lender will constitute a waiver or release of any claim of any party hereunder arising from such BankDIP Lender’s having been a Defaulting Lender or Potential Defaulting Lender.

Cure of Defaulting Lender. If the ParentBorrowers, the Administrative Agent and the Issuing Banks agree in writing in their discretion that a Bank Lender that is a Defaulting Lender or a Potential Defaulting Lender should no longer be deemed to be a Defaulting Lender or Potential Defaulting Lender, as the case may be, the Administrative Agent will so notify the parties hereto, whereupon as of the effective date specified in such notice and subject to any conditions set forth therein (which may include arrangements with respect to any amounts then held in the segregated account referred to in Section 2.212.20), such Bank Lender will, to the extent applicable, purchase such portion of outstanding Advances and Letter of Credit Liabilities of the other Banks Lenders and/or make such other adjustments as the Administrative Agent may determine to be necessary to cause the Credit Extensions of Advances made by the Banks Lenders to be on a pro rata basis in accordance with their respective Commitments, whereupon such Bank Lender will cease to be a Defaulting Lender or Potential Defaulting Lender and will be a Non-Defaulting Lender (and such Credit Extension Advances of each Bank Lender will automatically be adjusted on a prospective basis to reflect the foregoing); provided that no adjustments will be made retroactively with respect to fees accrued or payments made by or on behalf of the Borrowers while such Bank Lender was a Defaulting Lender; and provided further that, except to the extent otherwise expressly agreed by the affected parties, no change hereunder from Defaulting Lender or Potential Defaulting Lender to Non-Defaulting Lender will constitute a waiver or release of any claim of any party hereunder arising from such BankLender’s having been a Defaulting Lender or Potential Defaulting Lender.

Cure of Defaulting Lender. If the Parent, the Administrative Agent and the Issuing Banks agree in writing in their discretion that a Bank that is a Defaulting Lender or a Potential Defaulting Lender should no longer be deemed to be a Defaulting Lender or Potential Defaulting Lender, as the case may be, the Administrative Agent will so notify the parties hereto, whereupon as of the effective date specified in such notice and subject to any conditions set forth therein (which may include arrangements with respect to any amounts then held in the segregated account referred to in Section 2.21), such Bank will, to the extent applicable, purchase at par such portion of outstanding Advances and Letter of Credit Liabilities of the other Banks and/or make such other adjustments as the Administrative Agent may determine to be necessary to cause the Credit Extensions of the Banks to be on a pro rata basis in accordance with their respective Commitments, whereupon such Bank will cease to be a Defaulting Lender or Potential Defaulting Lender and will be a Non-Defaulting Lender (and such Credit Extension of each Bank will automatically be adjusted on a prospective basis to reflect the foregoing); provided that no adjustments will be made retroactively with respect to fees accrued or payments made by or on behalf of the Borrowers while such Bank was a Defaulting Lender; and provided further that, except to the extent otherwise expressly agreed by the affected parties, no change hereunder from Defaulting Lender or Potential Defaulting Lender to Non-Defaulting Lender will constitute a waiver or release of any claim of any party hereunder arising from such Bank’s 's having been a Defaulting Lender or Potential Defaulting Lender.

Cure of Defaulting Lender. If the ParentBorrower, the Administrative Agent and the Issuing Banks Bank agree in writing in their good faith discretion that a Bank Lender that is a Defaulting Lender or a Potential Defaulting Lender should no longer be deemed to be a Defaulting Lender or Potential Defaulting Lender, as the case may be, the Administrative Agent will so notify the parties hereto, whereupon as of the effective date specified in such notice and subject to any conditions set forth therein (which may include arrangements with respect to any amounts then held in the segregated account referred to in Section 2.212.15), such Bank Lender will, to the extent applicable, purchase such portion of outstanding Advances and Letter of Credit Liabilities of the other Banks Lenders and/or make such other adjustments as the Administrative Agent may determine to be necessary to cause the Revolving Credit Extensions of the Banks Lenders to be on a pro rata basis in accordance with their respective Revolving Commitments, whereupon such Bank Lender will cease to be a Defaulting Lender or Potential Defaulting Lender and will be a Non-Defaulting Lender (and such Credit Extension Exposure of each Bank Lender will automatically be adjusted on a prospective basis to reflect the foregoing); provided that no adjustments will be made retroactively with respect to fees accrued or payments made by or on behalf of the Borrowers Borrower while such Bank Lender was a Defaulting Lender; and provided further thatprovided, further, that except to the extent otherwise expressly agreed by the affected parties, no change hereunder from Defaulting Lender or Potential Defaulting Lender to Non-Defaulting Lender will constitute a waiver or release of any claim of any party hereunder arising from such BankLender’s having been a Defaulting Lender or Potential Defaulting Lender.