Common use of Delinquent Banks Clause in Contracts

Delinquent Banks. Notwithstanding anything to the contrary contained in this Credit Agreement or any of the other Loan Documents, any Bank that fails (a) to make available to the Agent its PRO RATA share of any Revolving Credit Loan or to purchase any Letter of Credit Participation or (b) to comply with the provisions of ss.14 with respect to making dispositions and arrangements with the other Banks, where such Bank's share of any payment received, whether by setoff or otherwise, is in excess of its PRO RATA share of such payments due and payable to all of the Banks, in each case as, when and to the full extent required by the provisions of this Credit Agreement, shall be deemed delinquent (a "Delinquent Bank") and shall be deemed a Delinquent Bank until such time as such delinquency is satisfied. A Delinquent Bank shall be deemed to have assigned any and all payments due to it from the Borrower, whether on account of outstanding Revolving Credit Loans, Unpaid Reimbursement Obligations, interest, fees or otherwise, to the remaining nondelinquent Banks for application to, and reduction of, their respective PRO RATA shares of all outstanding Revolving Credit Loans and Unpaid Reimbursement Obligations. The Delinquent Bank hereby authorizes the Agent to distribute such payments to the nondelinquent Banks in proportion to their respective PRO RATA shares of all outstanding Revolving Credit Loans and Unpaid Reimbursement Obligations. A Delinquent Bank shall be deemed to have satisfied in full a delinquency when and if, as a result of application of the assigned payments to all outstanding Revolving Credit Loans and Unpaid Reimbursement Obligations of the nondelinquent Banks, the Banks' respective PRO RATA shares of all outstanding Revolving Credit Loans and Unpaid Reimbursement Obligations have returned to those in effect immediately prior to such delinquency and without giving effect to the nonpayment causing such delinquency.

Delinquent Banks. Notwithstanding anything If any Lender makes available to the contrary contained in this Credit Agreement or any Administrative Agent its Settlement Amount on a date after such Settlement Date, such Lender shall pay to the Administrative Agent on demand an amount equal to the product of the other Loan Documents, any Bank that fails (a) the average computed for the period referred to make in clause (c) below, of the weighted average interest rate paid by the Administrative Agent for federal funds acquired by the Administrative Agent during each day included in such period, times (b) the amount of such Settlement Amount, times (c) a fraction, the numerator of which is the number of days that elapse from and including such Settlement Date to the date on which the amount of such Settlement Amount shall become immediately available to the Administrative Agent, and the denominator of which is 360. A statement of the Administrative Agent its PRO RATA share of any Revolving Credit Loan or submitted to purchase any Letter of Credit Participation or (b) to comply with the provisions of ss.14 such Lender with respect to making dispositions any amounts owing under this paragraph shall be prima facie evidence of the amount due and arrangements owing to the Administrative Agent by such Lender. If such Lender's Settlement Amount is not made available to the Administrative Agent by such Lender within three (3) Business Days following such Settlement Date the Administrative Agent shall be entitled to recover such amount from the Borrower on demand, with interest thereon at the other Banks, where such Bank's share of any payment received, whether by setoff or otherwise, is in excess of its PRO RATA share rate per annum applicable to the Revolving Credit Loans as of such payments due Settlement Date; provided that such Lender shall indemnify the Administrative Agent and payable to all hold the Administrative Agent harmless from and against any loss, cost or expense (including loss of anticipated profits) that the Administrative Agent may sustain or incur as a consequence of the BanksBorrower's repayment, in each case asupon the Administrative Agent's demand, when and to the full extent required by the provisions of this Credit Agreement, shall be deemed delinquent (a "Delinquent Bank") and shall be deemed a Delinquent Bank until such time as such delinquency is satisfied. A Delinquent Bank shall be deemed to have assigned any and all payments due to it from the Borrower, whether on account of outstanding Revolving Credit Loans, Unpaid Reimbursement Obligations, interest, including any such loss or expense arising from interest or fees or otherwise, to payable by the remaining nondelinquent Banks for application to, and reduction of, their respective PRO RATA shares of all outstanding Revolving Credit Loans and Unpaid Reimbursement Obligations. The Delinquent Bank hereby authorizes the Administrative Agent to distribute such payments lenders of funds obtained by it in order to the nondelinquent Banks in proportion to their respective PRO RATA shares of all outstanding Revolving Credit Loans and Unpaid Reimbursement Obligations. A Delinquent Bank shall be deemed to have satisfied in full a delinquency when and if, as a result of application of the assigned payments to all outstanding Revolving Credit Loans and Unpaid Reimbursement Obligations of the nondelinquent Banks, the Banks' respective PRO RATA shares of all outstanding Revolving Credit Loans and Unpaid Reimbursement Obligations have returned to those in effect immediately prior to such delinquency and without giving effect to the nonpayment causing such delinquencymaintain its Eurodollar Rate Loans.

Delinquent Banks. Notwithstanding anything to the contrary contained in this Credit Agreement or any of the other Loan Documents, If any Bank that fails (a) to make makes available to the Agent its PRO RATA share Settlement Amount on a date after such Settlement Date, such Bank shall pay to the Agent on demand an amount equal to the product of any Revolving Credit Loan or (a) the average computed for the period referred to purchase any Letter in clause (c) below, of Credit Participation or the weighted average interest rate paid by the Agent for federal funds acquired by the Agent during each day included in such period, times (b) the amount of such Settlement Amount, times (c) a fraction, the numerator of which is the number of days that elapse from and including such Settlement Date to comply with the provisions date on which the amount of ss.14 such Settlement Amount shall become immediately available to the Agent, and the denominator of which is 360. A statement of the Agent submitted to such Bank with respect to making dispositions any amounts owing under this paragraph shall be prima facie evidence of the amount due and arrangements with owing to the other Banks, where Agent by such Bank. If such Bank's share of any payment receivedSettlement Amount is not made available to the Agent by such Bank within three (3) Business Days following such Settlement Date the Agent shall be entitled to recover such amount from the Borrower on demand, whether by setoff or otherwise, is in excess of its PRO RATA share with interest thereon at the rate per annum applicable to the Revolving Credit Loans as of such payments due Settlement Date; PROVIDED that such Bank shall indemnify the Agent and payable to all hold the Agent harmless from and against any loss, cost or expense (including loss of anticipated profits) that the Agent may sustain or incur as a consequence of the BanksBorrower's repayment, in each case asupon the Agent's demand, when and to the full extent required by the provisions of this Credit Agreement, shall be deemed delinquent (a "Delinquent Bank") and shall be deemed a Delinquent Bank until such time as such delinquency is satisfied. A Delinquent Bank shall be deemed to have assigned any and all payments due to it from the Borrower, whether on account of outstanding Revolving Credit Loans, Unpaid Reimbursement Obligations, interest, including any such loss or expense arising from interest or fees or otherwise, to the remaining nondelinquent Banks for application to, and reduction of, their respective PRO RATA shares of all outstanding Revolving Credit Loans and Unpaid Reimbursement Obligations. The Delinquent Bank hereby authorizes payable by the Agent to distribute such payments lenders of funds obtained by it in order to the nondelinquent Banks in proportion to their respective PRO RATA shares of all outstanding Revolving Credit Loans and Unpaid Reimbursement Obligations. A Delinquent Bank shall be deemed to have satisfied in full a delinquency when and if, as a result of application of the assigned payments to all outstanding Revolving Credit Loans and Unpaid Reimbursement Obligations of the nondelinquent Banks, the Banks' respective PRO RATA shares of all outstanding Revolving Credit Loans and Unpaid Reimbursement Obligations have returned to those in effect immediately prior to such delinquency and without giving effect to the nonpayment causing such delinquencymaintain its Eurodollar Rate Loans.

Delinquent Banks. Notwithstanding anything to the contrary contained in this Credit Agreement or any of the other Loan Documents, any Bank that fails (ai) to make available to the Agent its PRO RATA pro rata share of any Revolving Credit Loan or to purchase any Letter of Credit Participation or (bii) to comply with the provisions of ss.14 (S)14 with respect to making dispositions and arrangements with the other Banks, where such Bank's share of any payment received, whether by setoff or otherwise, is in excess of its PRO RATA pro rata share of such payments due and payable to all of the Banks, in each case as, when and to the full extent required by the provisions of this Credit Agreement, shall be deemed delinquent (a "Delinquent Bank") and shall be deemed a Delinquent Bank until such time as such delinquency is satisfied. A Delinquent Bank shall be deemed to have assigned any and all payments due to it from the Borrower, whether on account of outstanding Revolving Credit Loans, Unpaid Reimbursement Obligations, interest, fees or otherwise, to the remaining nondelinquent Banks for application to, and reduction of, their respective PRO RATA pro rata shares of all outstanding Revolving Credit Loans and Unpaid Reimbursement Obligations. The Delinquent Bank hereby authorizes the Agent to distribute such payments to the nondelinquent Banks in proportion to their respective PRO RATA pro rata shares of all outstanding Revolving Credit Loans and Unpaid Reimbursement Obligations. A Delinquent Bank shall be deemed to have satisfied in full a delinquency when and if, as a result of application of the assigned payments to all outstanding Revolving Credit Loans and Unpaid Reimbursement Obligations of the nondelinquent Banks, the Banks' respective PRO RATA pro rata shares of all outstanding Revolving Credit Loans and Unpaid Reimbursement Obligations have returned to those in effect immediately prior to such delinquency and without giving effect to the nonpayment causing such delinquency.