Common use of Lenders’ Failure to Perform Clause in Contracts

Lenders’ Failure to Perform. All portions of the Term Loan shall be made by the Lenders contemporaneously and in accordance with their Pro Rata Shares and subject to Section 2.2. It is understood that (i) no Lender shall be responsible for any failure by any other Lender to perform its obligation to make any portion of the Term Loan (or other extensions of credit) hereunder, nor shall any Commitment of any Lender be increased or decreased as a result of any failure by any other Lender to perform its obligations hereunder, and (ii) no failure by any Lender to perform its obligations hereunder shall excuse any other Lender from its obligations hereunder.

Appears in 3 contracts

Samples: Registration Rights Agreement (Bakers Footwear Group Inc), Registration Rights Agreement (Bakers Footwear Group Inc), Registration Rights Agreement (Bakers Footwear Group Inc)

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Lenders’ Failure to Perform. All portions of the The Term Loan Loans shall be made by the Lenders contemporaneously simultaneously and in accordance with their Pro Rata Shares and subject to Section 2.2Shares. It is understood that (i) no Lender shall be responsible for any failure by any other Lender to perform its obligation to make any portion of the Term Loan (or other extensions of credit) Loans hereunder, nor shall any Commitment of any Lender be increased or decreased as a result of any failure by any other Lender to perform its obligations obligation to make the Term Loans hereunder, and (ii) no failure by any Lender to perform its obligations obligation to make the Term Loans hereunder shall excuse any other Lender from its obligations obligation to make the Term Loans hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (General Datacomm Industries Inc)

Lenders’ Failure to Perform. All portions of the Term Loan Loans shall be made by the Lenders contemporaneously and in accordance with their Pro Rata Shares and subject to Section 2.2Shares. It is understood that (i) no Lender shall be responsible for any failure by any other Lender to perform its obligation to make any portion of the Term Loan (or other extensions extension of credit) hereunder, nor shall any Term Loan Commitment of any Lender be increased or decreased as a result of any failure by any other Lender to perform its obligations hereunder, and (ii) no failure by any Lender to perform its obligations hereunder shall excuse any other Lender from its obligations hereunder.

Appears in 1 contract

Samples: Credit Agreement (Ascendia Brands, Inc.)

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Lenders’ Failure to Perform. All portions of the The Term Loan shall be made by the Lenders contemporaneously and in accordance with their Pro Rata Shares and subject to Section 2.2Shares. It is understood that (i) no Lender shall be responsible for any failure by any other Lender to perform its obligation to make any its portion of the Term Loan (or other extensions extension of credit) hereunder, nor shall any Commitment of any Lender be increased or decreased as a result of any failure by any other Lender to perform its obligations hereunder, and (ii) no failure by any Lender to perform its obligations hereunder shall excuse any other Lender from its obligations hereunder.

Appears in 1 contract

Samples: Credit Agreement (WHX Corp)

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