Funding Lender Sample Clauses
Funding Lender. Each Non-Funding Lender shall remain a Lender for purposes of this Agreement to the extent that such Non- Funding Lender has Revolving Loan Outstandings in excess of $0; provided, however, that during any period of time that any Non-Funding Lender exists, and notwithstanding any provision to the contrary set forth herein, the following provisions shall apply:
Funding Lender. With respect to such Non-Funding Lender’s failure to fund Revolving Credit Advances, purchase participations in Letters of Credit or Letter of Credit Obligations or fund participations pursuant to Section 9.9(e)(i), any amounts applied by any Agent to satisfy such funding shortfalls shall be deemed to constitute a Revolving Credit Advance or amount of the participation required to be funded and, if necessary to effectuate the foregoing, the other Lenders shall be deemed to have sold, and such Non-Funding Lender shall be deemed to have purchased, Revolving Credit Advances or participation interests from the other Lenders until such time as the aggregate amount of the Revolving Credit Advances, participations in Letters of Credit and Letter of Credit Obligations and participations under Section 9.9(e)(i) are held by the Lenders in accordance with their Pro Rata Shares of the aggregate Commitments of the Lenders. Any amounts owing by a Non-Funding Lender to any Agent which are not paid when due shall accrue interest at the interest rate applicable during such period to Index Rate Loans. In the event that any Agent is holding cash collateral of a Non-Funding Lender that cures pursuant to clause (v) below or ceases to be a Non-Funding Lender pursuant to the definition of Non-Funding Lender, such Agent shall return the unused portion of such cash collateral to such Lender. The “Aggregate Excess Funding Amount” of a Non-Funding Lender shall be the aggregate amount of (A) all unpaid obligations owing by such Lender to the Agents, L/C Issuers, Swing Line Lender, Fronting Lender and other Lenders under the Loan Documents, including such Lender’s pro rata share of all Revolving Loans, Letter of Credit Obligations and Swing Line Loans and such Lender’s participations pursuant to Section 9.9(e)(i), plus, without duplication, (B) all amounts of such Non-Funding Lender’s Commitment reallocated to other Lenders pursuant to Section 9.9(d)(ii).
Funding Lender. Moreover, for the purposes of determining Required Lenders and Required Revolving Lenders, the Loans and Commitments held by Non-Funding Lenders shall be excluded from the total Loans and Commitments outstanding.