Common use of Nature of Obligations of Lenders to Make Extensions of Credit Clause in Contracts

Nature of Obligations of Lenders to Make Extensions of Credit. The Lenders' obligations to extend credit under this Agreement are several and are not joint or joint and several. Notwithstanding the foregoing, the obligation to make a Swingline Loan shall be an obligation solely of the Swingline Lender. If on any Closing Date any Lender shall fail to perform its obligations under this Agreement, the aggregate amount of Commitments to make the extensions of credit under this Agreement shall be reduced by the amount of unborrowed Commitment of the Lender so failing to perform and the Percentage Interests, Revolving Loan Percentage Interests and Term Loan Percentage Interests shall be appropriately adjusted. Lenders that have not failed to perform their obligations to make the extensions of credit contemplated by Section 2 may, if any such Lender so desires, assume, in such proportions as such Lenders may agree, the obligations of any Lender who has so failed and the Percentage Interests, Revolving Loan Percentage Interests and Term Loan Percentage Interests shall be appropriately adjusted. The provisions of this Section 2.6 shall not affect the rights of the Company against any Lender failing to perform its obligations hereunder.

Nature of Obligations of Lenders to Make Extensions of Credit. The Lenders' ’ obligations to extend credit under this Agreement are several and are not joint or joint and several. Notwithstanding the foregoing, the obligation to make a Swingline Loan shall be an obligation solely of the Swingline Lender. If on the Closing Date or any Subsequent Closing Date any Lender shall fail to perform its obligations under this Agreement, the aggregate amount of Commitments to make the extensions of credit under this Agreement shall be reduced by the amount of unborrowed Commitment of the Lender so failing to perform and the Percentage Interests, Revolving Loan Percentage Interests and Term Loan Percentage Interests shall be appropriately adjusted. Lenders that have not failed to perform their obligations to make the extensions of credit contemplated by Section 2 may, if any such Lender so desires, assume, in such proportions as such Lenders may agree, the obligations of any Lender who has so failed and the Percentage Interests, Revolving Loan Percentage Interests and Term Loan Percentage Interests shall be appropriately adjusted. The provisions of this Section 2.6 shall not affect the rights of the Company against any Lender failing to perform its obligations hereunder.

Nature of Obligations of Lenders to Make Extensions of Credit. The ------------------------------------------------------------- Lenders' obligations to extend credit under this Agreement are several and are not joint or joint and several. Notwithstanding the foregoing, the obligation to make a Swingline Loan shall be an obligation solely of the Swingline Lender. If on any Closing Date any Lender shall fail to perform its obligations under this Agreement, the aggregate amount of Commitments to make the extensions of credit under this Agreement shall be reduced by the amount of unborrowed Commitment of the Lender so failing to perform and the Percentage Interests, Revolving Interests in the portion of the Loan Percentage Interests and Term Loan Percentage Interests to which such Commitment relates shall be appropriately adjusted. Lenders that have not failed to perform their obligations to make the extensions of credit contemplated by Section 2 may, if any such Lender so desires, assume, in such proportions as such the Required Lenders may agree, the obligations of any Lender who has so failed and the Percentage Interests, Revolving Interests in the portion of the Loan Percentage Interests and Term Loan Percentage Interests to which such obligations relate shall be appropriately adjusted. The provisions of this Section 2.6 2.5 shall not affect the rights of the Company Borrower against any Lender failing to perform its obligations hereunder. The obligation to make a Swingline Loan shall be an obligation solely of the Swingline Lender.

Nature of Obligations of Lenders to Make Extensions of Credit. The ------------------------------------------------------------- Lenders' obligations to extend credit under this Agreement are several and are not joint or joint and several. Notwithstanding the foregoing, the obligation to make a Swingline Loan shall be an obligation solely of the Swingline Lender. If on any Closing Date any Lender shall fail to perform its obligations under this Agreement, the aggregate amount of Commitments to make the extensions of credit under this Agreement shall be reduced by the amount of unborrowed Commitment of the Lender so failing to perform and the Percentage Interests, Revolving Loan Percentage Interests and Term Loan Percentage Interests shall be appropriately adjusted. Lenders that have not failed to perform their obligations to make the extensions of credit contemplated by Section 2 may, if any such Lender so desires, assume, in such proportions as such Lenders may agree, the obligations of any Lender who has so failed and the Percentage Interests, Revolving Loan Percentage Interests and Term Loan Percentage Interests shall be appropriately adjusted. The provisions of this Section 2.6 shall not affect the rights of the Company against any Lender failing to perform its obligations hereunder.

Nature of Obligations of Lenders to Make Extensions of Credit. The Lenders' obligations to extend credit under this Agreement are several and are not joint or joint and several. Notwithstanding the foregoing, the obligation to make a Swingline Loan shall be an obligation solely of the Swingline Lender. If on any Closing Date any Lender shall fail to perform its obligations under this Agreement, the aggregate amount of Commitments to make the extensions of credit under this Agreement shall be reduced by the amount of unborrowed Commitment of the Lender so failing to perform and the Percentage Interests, Revolving Interests in the portion of the Loan Percentage Interests and Term Loan Percentage Interests to which such Commitment relates shall be appropriately adjusted. Lenders in the Class to which such Commitment relates that have not failed to perform their obligations to make the extensions of credit contemplated by Section 2 may, if any such Lender so desires, assume, in such proportions as the Required Class Lenders of such Lenders Class may agree, the obligations of any Lender who has so failed and the Percentage Interests, Revolving Interests in the portion of the Loan Percentage Interests and Term Loan Percentage Interests to which such obligations relate shall be appropriately adjusted. The provisions of this Section 2.6 2.5 shall not affect the rights of the Company Borrower against any Lender failing to perform its obligations hereunder.

Nature of Obligations of Lenders to Make Extensions of Credit. The Lenders' ’ obligations to extend credit under this Agreement are several and are not joint or joint and several. Notwithstanding the foregoing, the obligation to make a Swingline Loan shall be an obligation solely of the Swingline Lender. If on the Amendment and Restatement Date or any Subsequent Closing Date any Lender shall fail to perform its obligations under this Agreement, the aggregate amount of Working Capital Commitments to make the extensions of credit under this Agreement shall be reduced by the amount of unborrowed Working Capital Commitment of the Lender so failing to perform and the Percentage Interests, Revolving Loan Percentage Interests and Term Loan Percentage Interests shall be appropriately adjusted. Lenders that have not failed to perform their obligations to make the extensions of credit contemplated by Section 2 may, if any such Lender so desires, assume, in such proportions as such Lenders may agree, the obligations of any Lender who has so failed and the Percentage Interests, Revolving Loan Percentage Interests and Term Loan Percentage Interests shall be appropriately adjusted. The provisions of this Section 2.6 shall not affect the rights of the Company against any Lender failing to perform its obligations hereunder.