Common use of Defaulting Purchaser Cure Clause in Contracts

Defaulting Purchaser Cure. If the Seller and the Administrative Agent agree in writing that a Purchaser is no longer a Defaulting Purchaser, the Administrative Agent will so notify the parties hereto, whereupon as of the effective date specified in such notice and subject to any conditions specified therein, that Purchaser will, to the extent applicable, purchase at par that portion of outstanding Investments of the other Purchasers or take such other actions as the Administrative Agent may determine to be necessary to cause the Investments to be held pro rata by the Purchasers in accordance with the Commitments, whereupon such Purchaser will cease to be a Defaulting Purchaser; provided that no adjustments will be made retroactively with respect to fees accrued or payments made by or on behalf of the Seller while that Purchaser was a Defaulting Purchaser; and provided, further, that except to the extent otherwise expressly agreed by the affected parties, no change hereunder from Defaulting Purchaser to Purchaser will constitute a waiver or release of any claim of any party hereunder arising from that Xxxxxxxxx’s having been a Defaulting Purchaser.

Defaulting Purchaser Cure. If the Seller Representative and the Administrative Agent agree in writing that a Purchaser is no longer a Defaulting Purchaser, the Administrative Agent will so notify the parties hereto, whereupon as of the effective date specified in such notice and subject to any conditions specified set forth therein, that such Purchaser will, to the extent applicable, purchase at par that portion of outstanding Investments of the other Purchasers or will take such other actions as the Administrative Agent may determine to be necessary (which may include a requirement for such Purchaser to cause purchaser certain Asset Interests from the Investments other Purchasers in order to be held pro rata by the Purchasers equalize all such Asset Interests in accordance with the CommitmentsPro Rata Shares of the Purchasers as in effect immediately prior to any assignment that occurred as a result of such Purchaser becoming a Defaulting Purchaser), whereupon such Purchaser will cease to be a Defaulting Purchaser; provided that no adjustments adjustment will be made retroactively with respect to fees accrued or payments made by or on behalf of the Seller Sellers while that Purchaser was a Defaulting Purchaser; and provided, further, that except to the extent otherwise expressly agreed by the affected parties, no change hereunder from Defaulting Purchaser to Purchaser will constitute a waiver or release of any claim of any party hereunder arising from that XxxxxxxxxPurchaser’s having been a Defaulting Purchaser.

Defaulting Purchaser Cure. If the Seller and the Administrative Agent agree in writing Required Purchasers determine that a Defaulting Purchaser is should no longer be deemed to be a Defaulting Purchaser, the Administrative Agent Required Purchasers will so notify the parties hereto, whereupon as of the effective date specified in such notice and subject to any conditions specified set forth therein, that Purchaser will, to the extent applicable, purchase at par that portion of outstanding Investments Notes of the other Purchasers or take such other actions as the Administrative Agent may determine to be necessary to cause the Investments applicable Notes (whether the initial Term Notes, any Delayed Draw Notes or any Class of Incremental Notes) to be held on a pro rata basis by the Purchasers in accordance with the Commitmentstheir pro rata share, whereupon such that Purchaser will cease to be a Defaulting Purchaser; provided that no adjustments will be made retroactively with respect to fees accrued or payments made by or on behalf of the Seller Issuer while that Purchaser was a Defaulting Purchaser; and provided, further, that except to the extent otherwise expressly agreed by the affected parties, no change hereunder from Defaulting Purchaser to Purchaser will constitute a waiver or release of any claim of any party hereunder arising from that XxxxxxxxxPurchaser’s having been a Defaulting Purchaser.

Defaulting Purchaser Cure. If the Seller Representative and the Administrative Agent agree in writing that a Purchaser is no longer a Defaulting Purchaser, the Administrative Agent will so notify the parties hereto, whereupon as of the effective date specified in such notice and subject to any conditions specified set forth therein, that such Purchaser will, to the extent applicable, purchase at par that portion of outstanding Investments of the other Purchasers or will take such other actions as the Administrative Agent may determine to be necessary (which may include a requirement for such Purchaser to cause purchaser certain Asset Interests from the Investments other Purchasers in order to be held pro rata by the Purchasers equalize all such Asset Interests in accordance with the CommitmentsPro Rata Shares of the Purchasers as in effect immediately prior to any assignment that occurred as a result of such Purchaser becoming a Defaulting Purchaser), whereupon such Purchaser will cease to be a Defaulting Purchaser; provided that no adjustments adjustment will be made retroactively with respect to fees accrued or payments made by or on behalf of the Seller Sellers while that Purchaser was a Defaulting Purchaser; and provided, further, that except to the extent otherwise expressly agreed by the affected parties, no change hereunder from Defaulting Purchaser to Purchaser will constitute a waiver or release of any claim of any party hereunder arising from that XxxxxxxxxPurchaser’s having been a Defaulting Purchaser.. \

Defaulting Purchaser Cure. If the Seller Issuer and the Administrative Agent agree in writing that a Purchaser is no longer a Defaulting Purchaser, the Administrative Agent will so notify the parties hereto, whereupon as of the effective date specified in such notice and subject to any conditions specified set forth therein, that Purchaser will, to the extent applicable, purchase at par that portion of outstanding Investments Series A Advances of the other Purchasers or take such other actions as the Administrative Agent may determine to be necessary to cause the Investments Series A Advances to be held pro rata by the Purchasers in accordance with their respective Commitments and by the CommitmentsPurchasers of the applicable Purchaser Group in accordance with their respective Purchaser Percentages, whereupon such Purchaser will cease to be a Defaulting Purchaser; provided that no adjustments will be made retroactively with respect to fees Undrawn Margin accrued or payments made by or on behalf of the Seller Issuer while that Purchaser was a Defaulting Purchaser; and provided, further, that except to the extent otherwise expressly agreed by the affected parties, no change hereunder from Defaulting Purchaser to Purchaser will constitute a waiver or release of any claim of any party hereunder arising from that XxxxxxxxxPurchaser’s having been a Defaulting Purchaser.

Defaulting Purchaser Cure. If the Seller and the Administrative Agent agree in writing Required Purchasers determine that a Defaulting Purchaser is should no longer be deemed to be a Defaulting Purchaser, the Administrative Agent Required Purchasers will so notify the parties hereto, whereupon as of the effective date specified in such notice and subject to any conditions specified set forth therein, that Purchaser will, to the extent applicable, purchase at par that portion of outstanding Investments Notes of the other Purchasers or take such other actions as the Administrative Agent may determine to be necessary to cause the Investments applicable Notes (whether the initial Term Notes, any Delayed Draw Notes or any Class of Incremental Notes) to be held on a pro rata basis by the Purchasers in accordance with the Commitmentstheir pro rata share, whereupon such that Purchaser will cease to be a Defaulting Purchaser; provided that no adjustments will be made retroactively with respect to fees accrued or payments made by or on behalf of the Seller Issuer while that Purchaser was a Defaulting Purchaser; and provided, further, that except to the extent otherwise expressly agreed by the affected parties, no change hereunder from Defaulting Purchaser to Purchaser will constitute a waiver or release of any claim of any party hereunder arising from that XxxxxxxxxPurchaser’s having been a Defaulting Purchaser.. 60358086_160358086_13

Defaulting Purchaser Cure. If the Seller Representative and the Administrative Agent agree in writing that a Purchaser is no longer a Defaulting Purchaser, the Administrative Agent will so notify the parties hereto, whereupon as of the effective date specified in such notice and subject to any conditions specified set forth therein, that such Purchaser will, to the extent applicable, purchase at par that portion of outstanding Investments of the other Purchasers or will take such other actions as the Administrative Agent may determine to be necessary (which may include a requirement for such Purchaser to cause purchaser certain Asset Interests from the Investments other Purchasers in order to be held pro rata by the Purchasers equalize all such Asset Interests in accordance with the CommitmentsPro Rata Shares of the Purchasers as in effect immediately prior to any assignment that occurred as a result of such Purchaser becoming a Defaulting Purchaser), whereupon such Purchaser will cease to be a Defaulting Purchaser; provided that no adjustments adjustment will be made retroactively with respect to fees accrued or payments made by or on behalf of the Seller Sellers while that Purchaser Xxxxxxxxx was a Defaulting Purchaser; and provided, further, that except to the extent otherwise expressly agreed by the affected parties, no change hereunder from Defaulting Purchaser to Purchaser will constitute a waiver or release of any claim of any party hereunder arising from that XxxxxxxxxPurchaser’s having been a Defaulting Purchaser.

Defaulting Purchaser Cure. If the Seller and Seller, the Administrative Agent and LC Bank agree in writing that a Purchaser is no longer a Defaulting Purchaser, the Administrative Agent will so notify the parties hereto, whereupon as of the effective date specified in such notice and subject to any conditions specified thereintherein (which may include arrangements with respect to any cash collateral), that Purchaser will, to the extent applicable, purchase at par that portion of outstanding Investments of the other Purchasers or take such other actions as the Administrative Agent may determine to be necessary to cause the Investments and funded and unfunded participations in Letters of Credit to be held pro rata by the Purchasers in accordance with the CommitmentsCommitments under the applicable Facility (without giving effect to Section 2.10(a)(iv), whereupon such Purchaser will cease to be a Defaulting Purchaser; provided that no adjustments will be made retroactively with respect to fees accrued or payments made by or on behalf of the Seller while that Purchaser was a Defaulting Purchaser; and provided, further, that except to the extent otherwise expressly agreed by the affected parties, no change hereunder from Defaulting Purchaser to Purchaser will constitute a waiver or release of any claim of any party hereunder arising from that XxxxxxxxxPurchaser’s having been a Defaulting Purchaser.

Defaulting Purchaser Cure. If the Seller and the Administrative Agent agree in writing that a Purchaser is no longer a Defaulting Purchaser, the Administrative Agent will so notify the parties hereto, whereupon as of the effective date specified in such notice and subject to any conditions specified therein, that Purchaser will, to the extent applicable, purchase at par that portion of outstanding Investments Capital of the other Purchasers or take such other actions as the Administrative Agent may determine to be necessary to cause the Investments Aggregate Capital, Aggregate Investment Capital and Aggregate Loan Capital, in each case, to be held pro rata by the Purchasers in accordance with the Commitments, whereupon such Purchaser will cease to be a Defaulting Purchaser; provided that no adjustments will be made retroactively with respect to fees accrued or payments made by or on behalf of the Seller while that Purchaser was a Defaulting Purchaser; and provided, further, that except to the extent otherwise expressly agreed by the affected parties, no change hereunder from Defaulting Purchaser to Purchaser will constitute a waiver or release of any claim of any party hereunder arising from that XxxxxxxxxPurchaser’s having been a Defaulting Purchaser.

Defaulting Purchaser Cure. If the Seller and the Administrative Agent agree in writing that a Purchaser is no longer a Defaulting Purchaser, the Administrative Agent will so notify the parties hereto, whereupon as of the effective date specified in such notice and subject to any conditions specified therein, that Purchaser will, to the extent applicable, purchase at par that portion of outstanding Investments of the other Purchasers or take such other actions as the Administrative Agent may determine to be necessary to cause the Investments to be held pro rata by the Purchasers in accordance with the Commitments, whereupon such Purchaser will cease to be a Defaulting Purchaser; provided provided, that no adjustments will be made retroactively with respect to fees accrued or payments made by or on behalf of the Seller while that Purchaser was a Defaulting Purchaser; and provided, further, that except to the extent otherwise expressly agreed by the affected parties, no change hereunder from Defaulting Purchaser to Purchaser will 127256974\V-8 constitute a waiver or release of any claim of any party hereunder arising from that Xxxxxxxxx’s having been a Defaulting Purchaser.

Defaulting Purchaser Cure. If the Seller Company and the Administrative Agent agree in writing in their reasonable discretion that a Purchaser is no longer a Defaulting Purchaser, the Administrative Agent will so notify the parties hereto, whereupon as of the effective date specified in such notice and subject to any conditions specified set forth therein, that Purchaser will, to the extent applicable, purchase at par that portion of outstanding Investments Notes of the other Purchasers or take such other actions as the Administrative Agent may determine to be necessary to cause the Investments funded Notes to be held on a pro rata basis by the Purchasers in accordance with the Commitmentstheir respective Commitment Percentages, whereupon such Purchaser will cease to be a Defaulting Purchaser; provided that no adjustments will be made retroactively with respect to fees accrued or payments made by or on behalf of the Seller Company while that Purchaser was a Defaulting Purchaser; and provided, further, that except to the extent otherwise expressly agreed by the affected parties, no change hereunder from Defaulting Purchaser to Purchaser will constitute a waiver or release of any claim of any party hereunder arising from that XxxxxxxxxPurchaser’s having been a Defaulting Purchaser.

Defaulting Purchaser Cure. If the Seller and the Administrative Agent agree in writing that a Defaulting Purchaser is no longer a Defaulting Purchaser pursuant to the definition thereof, or the Issuer and the Collateral Agent agree in writing in their sole discretion that a Defaulting Purchaser should no longer be deemed to be a Defaulting Purchaser, the Administrative Collateral Agent will so notify the parties hereto, whereupon as of the effective date specified in such notice and subject to any conditions specified set forth therein, that Purchaser will, to the extent applicable, purchase at par that portion of outstanding Investments of the other Purchasers or take such other actions as the Administrative Agent may determine to be necessary to cause the Investments to be held pro rata by the Purchasers in accordance with the Commitments, whereupon such Purchaser will cease to be a Defaulting Purchaser; provided that provided, that, no adjustments will be made retroactively with respect to fees accrued or payments made by or on behalf of the Seller Issuer while that Purchaser was a Defaulting Purchaser; and provided, further, that that, except to the extent otherwise expressly agreed by the affected parties, no change hereunder from Defaulting Purchaser to Purchaser will constitute a waiver or release of any claim of any party hereunder arising from that Xxxxxxxxx’s Purchaser having been a Defaulting Purchaser.

Defaulting Purchaser Cure. If the Seller Representative and the Administrative Agent agree in writing that a Purchaser is no longer a Defaulting Purchaser, the Administrative Agent will so notify the parties hereto, whereupon as of the effective date specified in such notice and subject to any conditions specified set forth therein, that such Purchaser will, to the extent applicable, purchase at par that portion of outstanding Investments of the other Purchasers or will take such other actions as the Administrative Agent may determine to be necessary (which may include a requirement for such Purchaser to cause purchase certain Asset Interests from the Investments other Purchasers in order to be held pro rata by the Purchasers equalize all such Asset Interests in accordance with the CommitmentsPro Rata Shares of the Purchasers as in effect immediately prior to any assignment that occurred as a result of such Purchaser becoming a Defaulting Purchaser), whereupon such Purchaser will cease to be a Defaulting Purchaser; provided that no adjustments adjustment will be made retroactively with respect to fees accrued or payments made by or on behalf of the Seller Sellers while that Purchaser was a Defaulting Purchaser; and provided, further, that except to the extent otherwise expressly agreed by the affected parties, no change hereunder from Defaulting Purchaser to Purchaser will constitute a waiver or release of any claim of any party hereunder arising from that XxxxxxxxxPurchaser’s having been a Defaulting Purchaser.

Defaulting Purchaser Cure. If the Seller Required Purchasers and the Administrative Agent Issuer agree in writing that a Purchaser is no longer a Defaulting Purchaser, the Administrative Agent Issuer will so notify the parties hereto, whereupon as of the effective date specified in such notice and subject to any conditions specified set forth therein, that Purchaser will, to the extent applicable, purchase at par that portion of outstanding Investments Notes of the other Purchasers or take such other actions as the Administrative Agent Required Purchasers may determine to be necessary to cause the Investments Notes to be held pro rata by the Purchasers in accordance with the applicable Commitments and Delayed Draw Commitments, whereupon such Purchaser will cease to be a Defaulting Purchaser; provided that no adjustments will be made retroactively with respect to fees accrued or payments made by or on behalf of the Seller Issuer while that Purchaser was a Defaulting Purchaser; and provided, further, that except to the extent otherwise expressly agreed by the affected parties, no change hereunder from Defaulting Purchaser to Purchaser will constitute a waiver or release of any claim of any party hereunder arising from that XxxxxxxxxPurchaser’s having been a Defaulting Purchaser.