Common use of Defaulting Lender's Status Clause in Contracts

Defaulting Lender's Status. Notwithstanding anything contained herein to the contrary, but in addition to provisions regarding the failure of a Lender to perform its obligations hereunder set forth elsewhere in this Agreement, so long as any Lender shall be in default of its obligation to fund its Proportionate Share of any Borrowing or shall have rejected its Commitment or shall have failed to perform its reimbursement obligations in favor of the Administrative Agent as set forth in ARTICLE 5 hereof, then such Lender shall not be entitled to receive any payments of principal of, or interest on, the Loans or its share of any Commitment, Letter of Credit or other fees payable hereunder, and for purposes of voting or consenting to matters with respect to the Loan Documents, such Lender shall be deemed not to be a "Lender" hereunder and such Lender's Commitment shall be deemed to be zero ($0), unless and until the earlier to occur of (a) all other Secured Obligations have been paid in full, (b) such failure to fulfill its obligation to fund is cured and such Lender shall have paid, as and to the extent provided in this Agreement, to the applicable Person, such amount then owing together with interest on the amount that such Lender failed to timely fund or (c) the Secured Obligations under this Agreement shall have been declared or shall have become immediately due and payable and/or the Revolving Credit Facility and the Acquisition Facility (if applicable) have been terminated. No Commitment of any Lender shall be increased or otherwise affected by any such failure or rejection by any other Lender. Unless such defaulting Lender cures any such default prior to the

Defaulting Lender's Status. Notwithstanding anything contained herein to the contrary, but in addition to provisions regarding the failure of a Lender to perform its obligations hereunder set forth elsewhere in this Agreement, so long as any Lender shall be in default of in its obligation to fund its Proportionate Share of any Borrowing a Loan or shall have rejected its Commitment or shall have failed to perform its reimbursement obligations in favor of the Administrative Agent as set forth in ARTICLE 5 hereofCommitment, then such Lender shall not be entitled to receive any payments of principal of, or interest on, its Commitment or the Loans or its share of any Commitment, Letter of Credit commitment or other fees payable hereunder, and for purposes of voting or consenting to matters with respect to the Loan Documents, such Lender shall be deemed not to be a "Lender" hereunder and such Lender's Commitment shall be deemed to be zero ($0), unless and until the earlier to occur of (a) all other Secured Obligations have been paid in full, (b) such failure to fulfill its obligation to fund is cured and such Lender shall have paid, as and to the extent provided in this Agreement, to the applicable Personparty, such amount then owing together with interest on the amount of funds that such Lender failed to timely fund or (c) the Secured Obligations under this Agreement shall have been declared or shall have become immediately due and payable and/or the Revolving Credit Facility and the Acquisition Facility (if applicable) have been terminatedpayable. No Commitment of any Lender shall be increased or otherwise affected by any such failure or rejection by any other Lender. Unless Any payments of principal or interest which would, but for this subsection, be paid to any Lender, shall be paid to the Lenders who shall not be in default under their respective Commitments and who shall not have rejected any Commitment, for application to the Loans or to provide cash collateral in such defaulting Lender cures any such default prior to themanner and order as shall be determined by the Administrative Agent.

Defaulting Lender's Status. Notwithstanding anything contained herein to the contrary, but in addition to provisions regarding the failure of a Lender to perform its obligations hereunder set forth elsewhere in this Agreement, so long as any Lender shall be in default of in its obligation to fund its Proportionate Share a Loan or participate to the extent of such Lender's Credit Percentage of any Borrowing Reimbursement Obligation or shall have rejected its Commitment or shall have failed to perform its reimbursement obligations in favor of the Administrative Agent as set forth in ARTICLE 5 hereofCommitment, then such Lender shall not be entitled to receive any payments of principal of, or interest on, its Commitment or the Loans or Reimbursement Obligations or its share of any Commitment, Letter of Credit commitment or other fees payable hereunder, and for purposes of voting or consenting to matters with respect to the Loan Documents, such Lender shall be deemed not to be a "Lender" hereunder and such Lender's Commitment shall be deemed to be zero ($0), unless and until the earlier to occur of (a) all other Secured Obligations have been paid in full, (b) such failure to fulfill its obligation to fund is cured and such Lender shall have paid, as and to the extent provided in this Agreement, to the applicable Personparty, such amount then owing together with interest on the amount of funds that such Lender failed to timely fund or (c) the Secured Obligations under this Agreement shall have been declared or shall have become immediately due and payable and/or the Revolving Credit Facility and the Acquisition Facility (if applicable) have been terminatedpayable. No Commitment of any Lender shall be increased or otherwise affected by any such failure or rejection by any other Lender. Unless Any payments of principal or interest which would, but for this subsection, be paid to any Lender, shall be paid to the Lenders who shall not be in default under their respective Commitments and who shall not have rejected any Commitment, for application to the Loans or to provide cash collateral in such defaulting Lender cures any such default prior to themanner and order as shall be determined by the Administrative Agent.

Defaulting Lender's Status. Notwithstanding anything contained herein to the contrary, but in addition to provisions regarding the failure of a Lender to perform its obligations hereunder set forth elsewhere in this Agreement, so long as any Lender shall be in default of in its obligation to fund its Proportionate Share Pro Rata share of any Borrowing Loan or shall have rejected repudiated its Commitment or shall have failed to perform its reimbursement obligations in favor of the Administrative Agent as set forth in ARTICLE 5 hereofCommitment, then then, such Lender shall not be entitled to receive any payments of principal of, or interest on, the on its Loans or its share of any Commitment, Letter of Credit Commitment or other fees payable hereunder, and solely for purposes of voting or consenting to matters with respect to the Loan Documentsthis Agreement, such Lender shall be deemed not to be a "Lender" hereunder and such Lender's Commitment shall be deemed to be zero ($0), unless and until the earlier to occur of (a) all other Secured Obligations have been fully paid in fulland satisfied, (b) such failure to fulfill its obligation to fund is cured and such Lender shall have paid, as and to the extent provided in this Agreement, to the applicable Personparty, such amount then owing together with interest on the amount of funds that such Lender failed to timely fund at the interest rate prescribed therefor herein, or (c) the Secured Obligations under this Agreement shall have been declared (or otherwise shall have become become) immediately due and payable and/or the Revolving Credit Facility and the Acquisition Facility (if applicable) Commitments shall have been terminated. No Commitment of any Lender shall be increased or otherwise affected by any such failure or rejection by any other Lender. Unless such defaulting Lender cures in any such default prior to theevent, however.

Defaulting Lender's Status. Notwithstanding anything contained herein to the contrary, but in addition to provisions regarding the failure of a Lender to perform its obligations hereunder set forth elsewhere in this Agreement, so long as any Lender shall be in default of in its obligation to fund its Proportionate Share pro rata share of any Borrowing or shall have rejected its Commitment or shall have failed to perform its reimbursement obligations in favor of the Administrative Agent as set forth in ARTICLE 5 hereofCommitment, then such Lender shall not be entitled to receive any payments of principal of, or interest on, its Commitment or the Loans Revolving Credit Advances or its share of any Commitment, Letter of Credit or other fees payable hereunder, and for purposes of voting or consenting to matters with respect to the Loan Documents, such Lender shall be deemed not to be a "Lender" hereunder and such Lender's Commitment shall be deemed to be zero ($0), unless and until the earlier to occur of (a) all other Secured Obligations have been paid in full, (b) such failure to fulfill its obligation to fund is cured and such Lender shall have paid, as and to the extent provided in this Agreement, to the applicable Personparty, such amount then owing together with interest on the amount of funds that such Lender failed to timely fund or (c) the Secured Obligations under this Agreement shall have been declared or shall have become immediately due and payable and/or the Revolving Credit Facility and the Acquisition Facility (if applicable) have been terminatedpayable. No Commitment of any Lender shall be increased or otherwise affected by any such failure or rejection by any other Lender. Unless such defaulting Lender cures Any payments of principal or interest which would, but for this subsection, be paid to any such Lender, shall be paid to the Lenders who shall not be in default prior under their respective Commitments and who shall not have rejected any Commitment, for application to thethe Revolving Credit Advances as shall be determined by the Agent.

Defaulting Lender's Status. Notwithstanding anything contained herein to the contrary, but in addition to provisions regarding the failure of a Lender to perform its obligations hereunder set forth elsewhere in this Agreement, so long as any Lender shall be in default of in its obligation to fund its Proportionate Share Pro Rata share of any Borrowing Revolver Loan or shall have rejected repudiated its Commitment or shall have failed to perform its reimbursement obligations in favor of the Administrative Agent as set forth in ARTICLE 5 hereofCommitment, then then, such Lender shall not be entitled to receive any payments of principal of, or interest on, the on its Revolver Loans or its share of any Commitment, Letter of Credit or other fees payable hereunder, and solely for purposes of voting or consenting to matters with respect to the Loan Documentsthis Agreement, such Lender shall be deemed not to be a "Lender" hereunder and such Lender's Commitment shall be deemed to be zero ($0), unless and until the earlier to occur of (a) all other Secured Obligations have been fully paid in fulland satisfied, (b) such failure to fulfill its obligation to fund is cured and such Lender shall have paid, as and to the extent provided in this Agreement, to the applicable Personparty, such amount then owing together with interest on the amount of funds that such Lender failed to timely fund at the interest rate prescribed therefor herein, or (c) the Secured Obligations under this Agreement shall have been declared (or otherwise shall have become become) immediately due and payable and/or the Revolving Credit Facility and the Acquisition Facility (if applicable) Commitments shall have been terminated. No Commitment of any Lender shall be increased or otherwise affected by any such failure or rejection by any other Lender. Unless such defaulting Lender cures in any such default prior to theevent, however.

Defaulting Lender's Status. Notwithstanding anything contained herein to the contrary, but in addition to provisions regarding the failure of a Lender to perform its obligations hereunder set forth elsewhere in this Agreement, so long as any Lender shall be in default of its obligation to fund its Proportionate Ratable Share of any Borrowing or shall have rejected its Commitment or shall have failed to perform its reimbursement obligations in favor of the Administrative Agent as set forth in ARTICLE 5 hereof, then such Lender shall not be entitled to receive any payments of principal of, or interest on, the Loans or its share of any CommitmentUnused Commitments, Letter of Credit or other fees payable hereunder, and for purposes of voting or consenting to matters with respect to the Loan Documents, such Lender shall be deemed not to be a "Lender" hereunder and such Lender's Commitment shall be deemed to be zero ($0), unless and until the earlier to occur of (a) all other Secured Obligations have been paid in full, (b) such failure to fulfill its obligation to fund is cured and such Lender shall have paid, as and to the extent provided in this Agreement, to the applicable Person, such amount then owing together with interest on the amount that such Lender failed to timely fund or (c) the Secured Obligations under this Agreement shall have been declared or shall have become immediately due and payable and/or the Revolving Credit Facility and the Acquisition Facility (if applicable) have been terminated. No Commitment of any Lender shall be increased or otherwise affected by any such failure or rejection by any other Lender. Unless such defaulting Lender cures any such default prior to thethe making of any payment by the Borrowers of any principal or interest hereunder, any such payment which would, but for this subsection, be paid to such defaulting Lender, shall (to the fullest extent permitted by Applicable Law) be paid to the Lenders who shall not be in default under their respective Commitments and who shall not have rejected any Commitment, for application to the Loans or to provide cash collateral in such manner and order as shall be determined by the Administrative Agent; PROVIDED, HOWEVER, that the Administrative Agent may, but shall not be obligated to, effect a cure of the defaulting Lender's failure to pay money by retaining payments that would otherwise be made to such defaulting Lender hereunder and applying such payments to such defaulting Lender's obligations hereunder, at such time, and in such order as the Administrative Agent may elect in its sole discretion.