Failure of a Participant to Fund Sample Clauses

Failure of a Participant to Fund. If Administrative Agent determines that any Participant (a "Defaulting Participant") will not make available the amount (the "Defaulted Amount") which would constitute its portion of the Advance specified in an Advance Request, Administrative Agent shall promptly notify each other Participant (each, a "Non-Defaulting Participant") and specify the additional amounts required to be funded by each Non-Defaulting Participant. Each Non-Defaulting Participant, as soon as practical after receipt of notice but not before the Advance Date, shall transfer to Administrative Agent, in immediately available funds, its pro rata share of the Defaulted Amount, determined in the same proportion that such Non-Defaulting Participant's Commitment bears to the aggregate Commitments of all Non-Defaulting Participants; provided, that such amount, together with all amounts previously funded by each Non-Defaulting Participant (including allocable Capitalized Interest and allocable Capitalized Yield, as appropriate), shall not exceed the Non-Defaulting Participant's Commitment. If the Defaulted Amount cannot be fully funded by the Non-Defaulting Participants, Administrative Agent shall so notify the Non-Defaulting Participants and give to all Non-Defaulting Participants the opportunity to increase their respective Commitments by notice in writing to Administrative Agent; provided, that should the aggregate proposed increased Commitments by one or more Non-Defaulting Participants exceed the Defaulted Amount, Administrative Agent shall increase the Commitments of the participating Non-Defaulting Participants on a pro rata basis in accordance with the respective amounts by which such Non-Defaulting Participants have offered to participate, it being understood that in no event shall the aggregate amount funded by any Participant (including allocable Capitalized Interest and allocable Capitalized Yield, as appropriate), exceed the amount of such Participant's Commitment, after giving effect to any increase in such Commitment pursuant to this sentence.
AutoNDA by SimpleDocs

Related to Failure of a Participant to Fund

  • Participant Bound by Plan Participant hereby acknowledges receipt of a copy of the Plan and agrees to be bound by all the terms and provisions thereof.

  • Participant Undertaking The Participant agrees to take whatever additional action and execute whatever additional documents the Company may deem necessary or advisable to carry out or effect one or more of the obligations or restrictions imposed on either the Participant or the Restricted Stock Units pursuant to this Agreement.

  • Participant Information My address is: My Social Security Number is:

  • Participant Contributions If Participant contributions are permitted, complete (a), (b), and (c). Otherwise complete (d).

  • Sharing of Participant Information 20 7.4 REPORTING AND DISCLOSURE AND COMMUNICATIONS TO PARTICIPANTS..................................................20 7.5 NON-TERMINATION OF EMPLOYMENT; NO THIRD-PARTY BENEFICIARIES.................................................20 7.6

  • Participant See Section 7(a) hereof.

  • Participant Name You have been granted the right to receive an Award of Restricted Stock, subject to the terms and conditions of the Plan and this Award Agreement, as follows: Grant Number Date of Grant Vesting Commencement Date Total Number of Shares Granted

  • Limitation upon Participant Rights A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 3.01(e) as though it were a Lender.

  • Limitation on Participant Rights A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 3.01(e) as though it were a Lender.

  • Participant Acceptance Participant must accept the terms and conditions of this Agreement either electronically through the electronic acceptance procedure established by the Company or through a written acceptance delivered to the Company in a form satisfactory to the Company. In no event shall any Shares be issued (or other securities or property distributed) under this Agreement in the absence of such acceptance.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!