Delinquent Lenders. (a) Notwithstanding anything to the contrary contained in this Agreement or any other Loan Document, any Lender that (i) willfully does not or (ii) does not as a result of a Failure (as defined below) (A) make available to Operations Agent its PRO RATA share of any Loan, or (B) comply with the provisions of SECTION 9.04 with respect to making dispositions and arrangements with the other Lenders, where such Lender's share of any payment received, whether by setoff or otherwise, is in excess of its PRO RATA share of such payments due and to payable to all Lenders, in each case as, when and to the full extent required by the provisions of this Agreement, shall be deemed delinquent (a "DELINQUENT LENDER") and shall be deemed a Delinquent Lender until such time as such delinquency is satisfied. A Delinquent Lender shall be deemed to have assigned any and all payments due to it from each Borrower, whether on account of outstanding Loans, interest, fees, or otherwise, to the remaining nondelinquent Lenders for application to, and reduction of, their respective PRO RATA shares of all outstanding Loans to such Borrower. The Delinquent Lender hereby authorizes Operations Agent to distribute such payments to the nondelinquent Lenders in proportion to their respective pro rata shares of all such outstanding Loans. A Delinquent Lender 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 Loans of the nondelinquent Lenders, Lenders' respective PRO RATA shares of all outstanding Loans have returned to those in effect immediately prior to such delinquency and without giving effect to the nonpayment causing such delinquency.
(b) For purposes of this SECTION 7.10, a "FAILURE" of a Lender means (i) it shall seek the appointment of a trustee, receiver, liquidator, custodian, or other similar official for it or any substantial part of its property, or shall commence a voluntary case or other proceeding seeking liquidation, reorganization, or other relief with respect to itself or its debts under any bankruptcy, insolvency, or other similar law now or hereafter in effect or seeking the appointment of a trustee, receiver, liquidator, or other similar official for it or any substantial part of its property, or shall consent to any such relief or to the appointment of or taking possession by any such official in an involuntary case or other proceeding commenced against it, or (ii) it makes a gene...
Delinquent Lenders. Notwithstanding anything to the contrary contained in this Reimbursement and Pledge Agreement or any of the other Loan Documents, any Lender that (a) fails (i) to fund a Loan or purchase any Letter of Credit Participation (ii) to comply with the provisions of §15.2 with respect to making dispositions and arrangements with the other Lenders, where such Lender’s share of any payment received, whether by set-off or otherwise, is in excess of its pro rata share of such payments due and payable to all of the Lenders, in each case as, when and to the full extent required by the provisions of this Reimbursement and Pledge Agreement, or (b) has been deemed insolvent or become the subject of a bankruptcy or insolvency proceeding, shall be deemed delinquent (a “Delinquent Lender”) and shall be deemed a Delinquent Lender until such time as such delinquency is satisfied.
Delinquent Lenders. Holders of Notes....................................................................89 ---------------- 14.7. Indemnity...........................................................................89 --------- 14.8. Administrative Agent as Lender......................................................89 ------------------------------ 14.9. Resignation.........................................................................89 ----------- 14.10. Notification of Defaults and Events of Default.....................................90 ---------------------------------------------- 14.
Delinquent Lenders. 34 SECTION 7.11 Proofs of Claim ........................................ 35
Delinquent Lenders. Holders of Revolving Credit Notes ................................... 93 --------------------------------- 15.7. Indemnity ........................................................... 93 --------- 15.8. Administrative Agent as Lender ...................................... 93 ------------------------------ 15.
Delinquent Lenders. 139 10.11. ELECTRONIC COMMUNICATIONS...................................139 ARTICLE 11. Miscellaneous...................................................140 11.1. NOTICES.....................................................140 11.2.
Delinquent Lenders. 77 13.5.4 Indemnity.................................................77 13.6 Administrative Agent as Lender and Issuing Bank.....................78 13.7 Resignation.........................................................78 13.8 Notification of Defaults............................................79 13.9 Duties in the Case of Enforcement...................................79 13.10 Administrative Agent May File Proofs of Claim.......................79 14. EXPENSES..................................................................80 15. INDEMNIFICATION...........................................................81 16. SURVIVAL OF COVENANTS, JOINT AND SEVERAL OBLIGATIONS, ETC.................82 16.1 Survival............................................................82 16.2
Delinquent Lenders. Notwithstanding anything to the contrary contained in this Credit Agreement or any of the other Loan Documents, any Lender that fails (i) to make available to the Agent or the Canadian Agent, as the case may be, its pro rata share of any Loan or to purchase any Letter of Credit Participation or (ii) to comply with the provisions of Section 16 with respect to making dispositions and arrangements with the other Lenders, where such Lender'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 Lenders, in each case as, when and to the full extent required by the provisions of this Credit Agreement, shall be deemed delinquent (a "Delinquent Lender") and shall be deemed a Delinquent Lender until such time as such delinquency is satisfied. A Delinquent Lender shall be deemed to have assigned any and all payments due to it from the Borrowers, whether on account of outstanding Loans, Unpaid Reimbursement Obligations, interest, fees or otherwise, to the remaining nondelinquent Lenders for application to, and reduction of, their respective pro rata shares of all outstanding Loans,
Delinquent Lenders. 60 14.6. PURCHASERS OF LETTER OF CREDIT PARTICIPATIONS.......................................61 14.7. INDEMNITY...........................................................................61 14.8. AGENTS AS LENDERS...................................................................61 14.9. RESIGNATION.........................................................................61 14.10. NOTIFICATION OF DEFAULTS AND EVENTS OF DEFAULT......................................62
Delinquent Lenders. 58 Section 13.6.
