Common use of Failure of a Participant to Fund Clause in Contracts

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.

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, 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)Participant, 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, 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 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.. In the event of any funding of all or a portion of the Defaulted Amount by the Non-Defaulting Participants, the following rules shall apply notwithstanding any other provision in any Operative Document: