Common use of Defaulting Committed Lenders Clause in Contracts

Defaulting Committed Lenders. (a) Notwithstanding any provision of this Agreement to the contrary, if any Committed Lender becomes a Defaulting Committed Lender, then the following provisions shall apply for so long as such Committed Lender is a Defaulting Committed Lender: (i) Unused Commitment Fees shall cease to accrue on the unfunded portion of the Commitment of such Defaulting Committed Lender pursuant to Section 2.09(a); (ii) notwithstanding anything to the contrary contained in Section 2.03 hereof, the unused portion of the Commitment of such Defaulting Committed Lender may be reduced to zero without any contemporaneous ratable reduction of the Commitments of the other Committed Lenders; (iii) neither the Commitment nor the Loans of such Defaulting Committed Lender shall be included in determining whether all Lenders, a majority of the Lenders, the Consenting Lenders or the Required Lenders have taken or may take any action hereunder and the Agent of the Lender Group which includes such Defaulting Committed Lender shall not be included in determining whether all Agents have taken or may take any action hereunder (including, in each case, any consent to any amendment or waiver pursuant to Section 13.01); provided, that any waiver, amendment or modification requiring the consent of all Lenders or Agents or each affected Lender or Agent, as applicable, which affects such Defaulting Committed Lender or the related Agent differently than other affected Lenders or Agents shall require the consent of such Defaulting Committed Lender or the related Agent, as applicable; and (iv) the Borrower may replace such Defaulting Committed Lender in accordance with Section 2.15 of this Agreement. (b) In the event that the Administrative Agent determines that a Defaulting Committed Lender has adequately remedied all matters that caused such Committed Lender to be a Defaulting Committed Lender, then (i) the Lender Percentages shall be readjusted to reflect the inclusion of such Committed Lender's Commitment and on such date such Committed Lender shall purchase at par such of the Loans of the other Lenders as the Administrative Agent and the Agents shall determine may be necessary in order for such Committed Lender to hold such Loans in accordance with its Lender Percentage and (ii) the provisions of clause (a), above, shall, from and after such determination, cease to be of further force or effect with respect to such Committed Lender.

Defaulting Committed Lenders. (a) Notwithstanding any provision of this Agreement to the contrary, if any Committed Lender becomes a Defaulting Committed Lender, then the following provisions shall apply for so long as such Committed Lender is a Defaulting Committed Lender: (i) Unused Commitment Fees shall cease to accrue on the unfunded portion of the Commitment of such Defaulting Committed Lender pursuant to Section 2.09(a); (ii) notwithstanding anything to the contrary contained in Section 2.03 hereof, the unused portion of the Commitment of such Defaulting Committed Lender may be reduced to zero without any contemporaneous ratable reduction of the Commitments of the other Committed Lenders; (iii) neither the Commitment nor the Loans of such Defaulting Committed Lender shall be included in determining whether all Lenders, a majority of the Lenders, the Consenting Lenders or the Required Lenders have taken or may take any action hereunder and the Agent of the Lender Group which includes such Defaulting Committed Lender shall not be included in determining whether all Agents have taken or may take any action hereunder (including, in each case, any consent to any amendment or waiver pursuant to Section 13.01); provided, that any waiver, amendment or modification requiring the consent of all Lenders or Agents or each affected Lender or Agent, as applicable, which affects such Defaulting Committed Lender or the related Agent differently than other affected Lenders or Agents shall require the consent of such Defaulting Committed Lender or the related Agent, as applicable; and (iv) the Borrower may replace such Defaulting Committed Lender in accordance with Section 2.15 of this Agreement. 72 (b) In the event that the Administrative Agent determines that a Defaulting Committed Lender has adequately remedied all matters that caused such Committed Lender to be a Defaulting Committed Lender, then (i) the Lender Percentages shall be readjusted to reflect the inclusion of such Committed Lender's Commitment and on such date such Committed Lender shall purchase at par such of the Loans of the other Lenders as the Administrative Agent and the Agents shall determine may be necessary in order for such Committed Lender to hold such Loans in accordance with its Lender Percentage and (ii) the provisions of clause (a), above, shall, from and after such determination, cease to be of further force or effect with respect to such Committed Lender. Section 2.17.

Defaulting Committed Lenders. (a) Notwithstanding any provision of this Agreement to the contrary, if any Committed Lender becomes a Defaulting Committed Lender, then the following provisions shall apply for so long as such Committed Lender is a Defaulting Committed Lender: (i) Unused Commitment Fees shall cease to accrue on the unfunded portion of the Commitment of such Defaulting Committed Lender pursuant to Section 2.09(a); (ii) notwithstanding anything to the contrary contained in Section 2.03 hereof, the unused portion of the Commitment of such Defaulting Committed Lender may be reduced to zero without any contemporaneous ratable reduction of the Commitments of the other Committed Lenders; (iii) neither the unfunded portion of the Commitment nor the Loans of such Defaulting Committed Lender shall not be included in determining whether all Lenders, a majority of the Lenders, the Consenting Lenders or the Required Lenders have taken or may take any action hereunder and the Agent of the Lender Group which includes such Defaulting Committed Lender shall not be included in determining whether all Agents have taken or may take any action hereunder (including, in each case, any consent to any amendment or waiver pursuant to Section 13.01); provided, that this subclause (iii) will not be applicable with respect to any waiver, amendment or modification requiring the consent of all Lenders or Agents or each affected Lender or AgentLender, as applicable, which affects such Defaulting Committed Lender or the related Agent differently than other affected Lenders or Agents shall require the consent of such Defaulting Committed Lender or the related Agent, as applicableLenders; and (iv) the Borrower may replace such Defaulting Committed Lender in accordance with Section 2.15 of this Agreement. (b) In the event that the Administrative Agent determines that a Defaulting Committed Lender has adequately remedied all matters that caused such Committed Lender to be a Defaulting Committed Lender, then (i) the Lender Percentages shall be readjusted to reflect the inclusion of such Committed Lender's Commitment and on such date such Committed Lender shall purchase at par such of the Loans of the other Lenders as the Administrative Agent and the Agents shall determine may be necessary in order for such Committed Lender to hold such Loans in accordance with its Lender Percentage and (ii) the provisions of clause (a), above, shall, from and after such determination, cease to be of further force or effect with respect to such Committed Lender. Section 2.17.

Defaulting Committed Lenders. (a) Notwithstanding any provision of this Agreement to the contrary, if any Committed Lender becomes a Defaulting Committed Lender, then the following provisions shall apply for so long as such Committed Lender is a Defaulting Committed Lender: (i) Unused Commitment Fees shall cease to accrue on the unfunded portion of the Commitment of such Defaulting Committed Lender pursuant to Section 2.09(a); (ii) notwithstanding anything to the contrary contained in Section 2.03 hereof, the unused portion of the Commitment of such Defaulting Committed Lender may be reduced to zero without any contemporaneous ratable reduction of the Commitments of the other Committed Lenders; (iii) neither the Commitment nor the Loans of such Defaulting Committed Lender shall be included in determining whether all Lenders, a majority of the Lenders, the Consenting Lenders or the Required Lenders have taken or may take any action hereunder and the Agent of the Lender Group which includes such Defaulting Committed Lender shall not be included in determining whether all Agents have taken or may take any action hereunder (including, in each case, any consent to any amendment or waiver pursuant to Section 13.01); provided, that any waiver, amendment or modification requiring the consent of all Lenders or Agents or each affected Lender or Agent, as applicable, which affects such Defaulting Committed Lender or the related Agent differently than other affected Lenders or Agents shall require the consent of such Defaulting Committed Lender or the related Agent, as applicable; and (iv) the Borrower may replace such Defaulting Committed Lender in accordance with Section 2.15 of this Agreement. 74 149194398v7 (b) In the event that the Administrative Agent determines that a Defaulting Committed Lender has adequately remedied all matters that caused such Committed Lender to be a Defaulting Committed Lender, then (i) the Lender Percentages shall be readjusted to reflect the inclusion of such Committed Lender's Commitment and on such date such Committed Lender shall purchase at par such of the Loans of the other Lenders as the Administrative Agent and the Agents shall determine may be necessary in order for such Committed Lender to hold such Loans in accordance with its Lender Percentage and (ii) the provisions of clause (a), above, shall, from and after such determination, cease to be of further force or effect with respect to such Committed Lender. Section 2.17.

Defaulting Committed Lenders. (a) Notwithstanding any provision of this Agreement to the contrary, if any Committed Lender becomes a Defaulting Committed Lender, then the following provisions shall apply for so long as such Committed Lender is a Defaulting Committed Lender: (i) Unused Commitment Fees shall cease to accrue on the unfunded portion of the Commitment of such Defaulting Committed Lender pursuant to Section 2.09(a); (ii) notwithstanding anything to the contrary contained in Section 2.03 hereof, the unused portion of the Commitment of such Defaulting Committed Lender may be reduced to zero without any contemporaneous ratable reduction of the Commitments of the other Committed Lenders; (iii) neither the unfunded portion of the Commitment nor the Loans of such Defaulting Committed Lender shall not be included in determining whether all Lenders, a majority of the Lenders, the Consenting Lenders or the Required Lenders have taken or may take any action hereunder and the Agent of the Lender Group which includes such Defaulting Committed Lender shall not be included in determining whether all Agents have taken or may take any action hereunder (including, in each case, any consent to any amendment or waiver pursuant to Section 13.01); provided, that this subclause (iii) will not be applicable with respect to any waiver, amendment or modification requiring the consent of all Lenders or Agents or each affected Lender or AgentLender, as applicable, which affects such Defaulting Committed Lender or the related Agent differently than other affected Lenders or Agents shall require the consent of such Defaulting Committed Lender or the related Agent, as applicableLenders; and (iv) the Borrower may replace such Defaulting Committed Lender in accordance with Section 2.15 of this Agreement. DB1/ 139452285.4 68 154304283v7 (b) In the event that the Administrative Agent determines that a Defaulting Committed Lender has adequately remedied all matters that caused such Committed Lender to be a Defaulting Committed Lender, then (i) the Lender Percentages shall be readjusted to reflect the inclusion of such Committed Lender's Commitment and on such date such Committed Lender shall purchase at par such of the Loans of the other Lenders as the Administrative Agent and the Agents shall determine may be necessary in order for such Committed Lender to hold such Loans in accordance with its Lender Percentage and (ii) the provisions of clause (a), above, shall, from and after such determination, cease to be of further force or effect with respect to such Committed Lender. Section 2.17.