Common use of Delinquent Lender Clause in Contracts

Delinquent Lender. If for any reason any Lender shall fail or refuse to abide by its obligations under the Agreement, including without limitation its obligation to make available to the Administrative Agent its pro rata share of any Loan, expenses or setoff (a "DELINQUENT LENDER") and such failure is not cured within ten (10) days of receipt from the Administrative Agent of written notice thereof, then, in addition to the rights and remedies that may be available to Administrative Agent, other Lenders, the Borrowers or any other party at law or in equity, and not at limitation thereof, (i) such Delinquent Lender's right to participate in the administration of, or decision-making rights related to, any Loan, this Agreement or the other Loan Documents shall be suspended during the pendency of such failure or refusal, and (ii) a Delinquent Lender shall be deemed to have assigned any and all payments due to it from the Borrowers, whether on account of the outstanding Loans, interest, fees or otherwise, to the remaining non-delinquent Lenders for application to, and reduction of, their proportionate shares of the outstanding Loans until, as a result of application of such assigned payments the Lenders' respective pro rata shares of the outstanding Loans shall have returned to those in effect immediately prior to such delinquency and without giving effect to the nonpayment causing such delinquency. The Delinquent Lender's decision-making and participation rights to payments as set forth in clauses

Delinquent Lender. If for any reason any Lender shall fail or refuse to abide by its obligations under the Agreement, including without limitation its obligation to make available to the Administrative Agent its pro rata share of any Loan, expenses or setoff (a "DELINQUENT LENDER"“Delinquent Lender”) and such failure is not cured within ten (10) days of receipt from the Administrative Agent of written notice thereof, then, in addition to the rights and remedies that may be available to Administrative Agent, other Lenders, the Borrowers or any other party at law or in equity, and not at limitation thereof, (i) such Delinquent Lender's ’s right to participate in the administration of, or decision-making rights related to, any Loan, this Agreement or the other Loan Documents shall be suspended during the pendency of such failure or refusal, and (ii) a Delinquent Lender shall be deemed to have assigned any and all payments due to it from the Borrowers, whether on account of the outstanding Loans, interest, fees or otherwise, to the remaining non-delinquent Lenders for application to, and reduction of, their proportionate shares of the outstanding Loans until, as a result of application of such assigned payments the Lenders' ’ respective pro rata shares of the outstanding Loans shall have returned to those in effect immediately prior to such delinquency and without giving effect to the nonpayment causing such delinquency. The Delinquent Lender's ’s decision-making and participation rights to payments as set forth in clausesclauses 1097265.4

Delinquent Lender. If for any reason any Lender shall fail or refuse to abide by its obligations under the this Loan Agreement, including without limitation its obligation to make available to the Administrative Agent its pro rata share of any LoanLoans, expenses or setoff (a "DELINQUENT LENDERDelinquent Lender") and such failure is not cured within ten (10) days of receipt from the Administrative Agent of written notice thereof, then, in addition to the rights and remedies that may be available to Administrative Agent, other Lenders, the Borrowers Borrower or any other party at law or in equity, and not at limitation thereof, (i) such Delinquent Lender's right to participate in the administration of, or decision-making rights related to, any Loanthe Loans, this Loan Agreement or the other Loan Documents shall be suspended during the pendency of such failure or refusal, and (ii) a Delinquent Lender shall be deemed to have assigned any and all payments due to it from the BorrowersBorrower, whether on account of the outstanding Loans, interest, fees or otherwise, to the remaining non-delinquent Lenders for application to, and reduction of, their proportionate shares of the all outstanding Loans until, as a result of application of such assigned payments the Lenders' respective pro rata shares of the all outstanding Loans shall have returned to those in effect immediately prior to such delinquency and without giving effect to the nonpayment causing such delinquency. The Delinquent Lender's decision-making and participation rights to payments as set forth in clausesthe

Delinquent Lender. If for any reason Notwithstanding anything to the contrary contained in this Agreement, any Lender shall fail or refuse to abide by its obligations under the Agreement, including without limitation its obligation that fails to make available to the Administrative Agent its pro rata share of any Loan, expenses or setoff Revolving Credit Loan when and to the full extent required by the provisions of this Agreement shall be deemed delinquent (a "DELINQUENT LENDERDelinquent Lender") and such failure is not cured within ten (10) days of receipt from the Administrative Agent of written notice thereof, then, in addition to the rights and remedies that may be available to Administrative Agent, other Lenders, the Borrowers or any other party at law or in equity, and not at limitation thereof, (i) such Delinquent Lender's right to participate in the administration of, or decision-making rights related to, any Loan, this Agreement or the other Loan Documents shall be suspended during the pendency of deemed a Delinquent Lender until such failure or refusal, and (ii) a time as such delinquency is satisfied. A Delinquent Lender shall be deemed to have assigned any and all payments due to it from the BorrowersBorrower, whether on account of the outstanding Loans, interest, fees or otherwise, to the remaining non-delinquent Lenders for application to, and reduction of, their proportionate respective pro rata shares of all outstanding Revolving Credit Loans. The Delinquent Lender hereby authorizes the Administrative Agent to distribute such payments to the non-delinquent Lenders in proportion to their respective pro rata shares of all outstanding Loans untilRevolving Credit Loans. A Delinquent Lender shall be deemed to have satisfied in full a delinquency when and if, as a result of application of such the assigned payments to all outstanding Revolving Credit Loans of the non-delinquent Lenders, the Lenders' respective pro rata shares of the all outstanding Loans shall have returned to those in effect immediately prior to such delinquency and without giving effect to the nonpayment causing such delinquency. The Delinquent Lender's decision-making and participation rights to payments as set forth in clauses.

Delinquent Lender. If for any reason Notwithstanding anything to the contrary contained in this Agreement, any Lender shall fail or refuse to abide by its obligations under the Agreement, including without limitation its obligation that fails to make available to the Administrative Agent its pro rata share of any Loan, expenses or setoff Revolving Credit Loan when and to the full extent required by the provisions this Agreement shall be deemed delinquent (a "DELINQUENT LENDERDelinquent Lender") and shall 42 135 be deemed a Delinquent Lender until such failure time as such delinquency is not cured within ten (10) days of receipt from the Administrative Agent of written notice thereof, then, in addition to the rights and remedies that may be available to Administrative Agent, other Lenders, the Borrowers or any other party at law or in equity, and not at limitation thereof, (i) such Delinquent Lender's right to participate in the administration of, or decision-making rights related to, any Loan, this Agreement or the other Loan Documents shall be suspended during the pendency of such failure or refusal, and (ii) a satisfied. A Delinquent Lender shall be deemed to have assigned any and all payments due to it from the BorrowersBorrower, whether on account of the outstanding Loans, interest, fees or otherwise, to the remaining non-delinquent Lenders for application to, and reduction of, their proportionate respective pro rata shares of all outstanding Revolving Credit Loans. The Delinquent Lender hereby authorizes the Administrative Agent to distribute such payments to the non-delinquent Lenders in proportion to their respective pro rata shares of all outstanding Loans untilRevolving Credit Loans. A Delinquent Lender shall be deemed to have satisfied in full a delinquency when and if, as a result of application of such the assigned payments to all outstanding Revolving Credit Loans of the non-delinquent Lenders, the Lenders' respective pro rata shares of the all outstanding Loans shall have returned to those in effect immediately prior to such delinquency and without giving effect to the nonpayment causing such delinquency. The Delinquent Lender's decision-making and participation rights to payments as set forth in clauses.