Common use of Defaulting Purchaser Cure Clause in Contracts

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 set forth therein, such Purchaser will take such actions as the Administrative Agent may determine to be necessary (which may include a requirement for such Purchaser to purchaser certain Asset Interests from the other Purchasers in order to equalize all such Asset Interests in accordance with the Pro 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 adjustment will be made retroactively with respect to fees accrued or payments made by or on behalf of the 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 Purchaser’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 set forth specified therein, such that Purchaser will 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 (which may include a requirement for such Purchaser to purchaser certain Asset Interests from cause the other Investments to be held pro rata by the Purchasers in order to equalize all such Asset Interests in accordance with the Pro 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)Commitments, whereupon such Purchaser will cease to be a Defaulting Purchaser; provided that no adjustment adjustments will be made retroactively with respect to fees accrued or payments made by or on behalf of the Sellers 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 PurchaserXxxxxxxxx’s having been a Defaulting Purchaser.

Defaulting Purchaser Cure. If the Seller Representative 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 set forth therein, such that Purchaser will take such actions as will, to the Administrative Agent may determine to be necessary (which may include a requirement for such Purchaser to purchaser certain Asset Interests from extent applicable, purchase that portion of outstanding Notes of the other Purchasers in order or take such other actions as may be necessary to equalize all such Asset Interests cause the 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 Pro 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)their pro rata share, whereupon such that Purchaser will cease to be a Defaulting Purchaser; provided that no adjustment adjustments will be made retroactively with respect to fees accrued or payments made by or on behalf of the Sellers 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 Purchaser’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 set forth therein, such Purchaser will take such actions as the Administrative Agent may determine to be necessary (which may include a requirement for such Purchaser to purchaser certain Asset Interests from the other Purchasers in order to equalize all such Asset Interests in accordance with the Pro 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 adjustment will be made retroactively with respect to fees accrued or payments made by or on behalf of the 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 Purchaser’s having been a Defaulting Purchaser.. \

Defaulting Purchaser Cure. If the Seller Representative 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 set forth therein, such that Purchaser will take such actions as will, to the Administrative Agent may determine to be necessary (which may include a requirement for such Purchaser to purchaser certain Asset Interests from extent applicable, purchase that portion of outstanding Notes of the other Purchasers in order or take such other actions as may be necessary to equalize all such Asset Interests cause the 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 Pro 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)their pro rata share, whereupon such that Purchaser will cease to be a Defaulting Purchaser; provided that no adjustment adjustments will be made retroactively with respect to fees accrued or payments made by or on behalf of the Sellers 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 Purchaser’s having been a Defaulting Purchaser.. 57 60358086_160358086_13

Defaulting Purchaser Cure. If the Seller Representative 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 set forth therein, such that Purchaser will will, to the extent applicable, purchase that portion of outstanding Notes of the other Purchasers or take such other actions as the Administrative Agent may determine to be necessary (which may include to cause the funded Notes to be held on a requirement for such Purchaser to purchaser certain Asset Interests from pro rata basis by the other Purchasers in order to equalize all such Asset Interests in accordance with the Pro 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)their respective Commitment Percentages, whereupon such Purchaser will cease to be a Defaulting Purchaser; provided that no adjustment adjustments will be made retroactively with respect to fees accrued or payments made by or on behalf of the Sellers 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 Purchaser’s having been a Defaulting Purchaser.

Defaulting Purchaser Cure. If the Seller Representative 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 set forth therein, such that Purchaser will will, to the extent applicable, purchase at par that portion of outstanding Series A Advances of the other Purchasers or take such other actions as the Administrative Agent may determine to be necessary (which may include a requirement for such Purchaser to purchaser certain Asset Interests from cause the other Series A Advances to be held pro rata by the Purchasers in order to equalize all such Asset Interests in accordance with their respective Commitments and by the Pro Rata Shares Purchasers of the Purchasers as applicable Purchaser Group in effect immediately prior to any assignment that occurred as a result of such accordance with their respective Purchaser becoming a Defaulting Purchaser)Percentages, whereupon such Purchaser will cease to be a Defaulting Purchaser; provided that no adjustment adjustments will be made retroactively with respect to fees Undrawn Margin accrued or payments made by or on behalf of the Sellers 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 Purchaser’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 set forth therein, such Purchaser will take such actions as the Administrative Agent may determine to be necessary (which may include a requirement for such Purchaser to purchaser purchase certain Asset Interests from the other Purchasers in order to equalize all such Asset Interests in accordance with the Pro 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 adjustment will be made retroactively with respect to fees accrued or payments made by or on behalf of the 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 Purchaser’s having been a Defaulting Purchaser.

Defaulting Purchaser Cure. If the Seller Representative 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 set forth thereinspecified therein (which may include arrangements with respect to any cash collateral), such that Purchaser will 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 (which may include a requirement for such Purchaser to purchaser certain Asset Interests from cause the other Investments and funded and unfunded participations in Letters of Credit to be held pro rata by the Purchasers in order to equalize all such Asset Interests in accordance with the Pro Rata Shares of Commitments under the Purchasers as in applicable Facility (without giving effect immediately prior to any assignment that occurred as a result of such Purchaser becoming a Defaulting PurchaserSection 2.10(a)(iv), whereupon such Purchaser will cease to be a Defaulting Purchaser; provided that no adjustment adjustments will be made retroactively with respect to fees accrued or payments made by or on behalf of the Sellers 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 Purchaser’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 set forth specified therein, such that Purchaser will 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 (which may include a requirement for such Purchaser to purchaser certain Asset Interests from cause the other Investments to be held pro rata by the Purchasers in order to equalize all such Asset Interests in accordance with the Pro 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)Commitments, whereupon such Purchaser will cease to be a Defaulting Purchaser; provided that no adjustment adjustments will be made retroactively with respect to fees accrued or payments made by or on behalf of the Sellers 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 PurchaserXxxxxxxxx’s having been a Defaulting Purchaser.. (c)

Defaulting Purchaser Cure. If the Seller Representative 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 set forth therein, such that Purchaser will will, to the extent applicable, purchase at par that portion of outstanding Notes of the other Purchasers or take such other actions as the Administrative Agent Required Purchasers may determine to be necessary (which may include a requirement for such Purchaser to purchaser certain Asset Interests from cause the other Notes to be held pro rata by the Purchasers in order to equalize all such Asset Interests in accordance with the Pro 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)applicable Commitments and Delayed Draw Commitments, whereupon such Purchaser will cease to be a Defaulting Purchaser; provided that no adjustment adjustments will be made retroactively with respect to fees accrued or payments made by or on behalf of the Sellers 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 Purchaser’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 set forth therein, such Purchaser will take such actions as the Administrative Agent may determine to be necessary (which may include a requirement for such Purchaser to purchaser certain Asset Interests from the other Purchasers in order to equalize all such Asset Interests in accordance with the Pro 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 adjustment will be made retroactively with respect to fees accrued or payments made by or on behalf of the 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 Purchaser’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 set forth specified therein, such that Purchaser will 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 (which may include a requirement for such Purchaser to purchaser certain Asset Interests from cause the other Investments to be held 52 pro rata by the Purchasers in order to equalize all such Asset Interests in accordance with the Pro 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)Commitments, whereupon such Purchaser will cease to be a Defaulting Purchaser; provided that no adjustment adjustments will be made retroactively with respect to fees accrued or payments made by or on behalf of the Sellers 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 PurchaserXxxxxxxxx’s having been a Defaulting Purchaser.