Common use of Non-Funding Lenders Clause in Contracts

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “Other Lender”) of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “Lender” or a “Revolving Lender” (or be included in the calculation of “Requisite Lenders” or “Requisite Revolving Lenders” hereunder) for any voting or consent rights under or with respect to any Loan Document.

Non-Funding Lenders. The failure of any Lender (such Lender, a "Non-Funding Lender Lender") to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “"Other Lender”") of its obligations to make such a Revolving Credit Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advancea Revolving Credit Advance to be made by such Non-Funding Lender, fund and no Other Lender shall have any obligation to Agent or any Other Lender for the purchase of a participation or make any other payment required hereunderfailure by such Non-Funding Lender. Notwithstanding anything set forth herein to the contrarycontrary so long as any Lender continues to be a Non-Funding Lender, a such Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “"Lender” or a “Revolving Lender” " (or be included in the calculation of “"Requisite Lenders” or “Requisite Revolving Lenders” " hereunder) for any voting or consent rights under or with respect to any Loan Document.

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “Other Lender”"OTHER LENDER") of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “"Lender” " or a “"Revolving Lender” " (or be included in the calculation of “"Requisite Lenders” or “", "Requisite Revolving Lenders” " or "Supermajority Revolving Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan or Participating Interest to be made or funded purchased by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “Other Lender”) of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the purchase of a participation or Participating Interest or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “Lender” or a “Revolving Lender” (or be included in the calculation of “Requisite Lenders” or “Requisite Revolving Supermajority Lenders” hereunder) for any voting or consent rights under or with respect to any Loan Document.

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance Loan or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “Other Lender”) of its obligations to make such Advance loan or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advancea loan, fund the purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “Lender” or a “Revolving Lender” (or be included in the calculation of “Requisite Lenders” or “Requisite Revolving Required Lenders” hereunder) for any voting or consent rights under or with respect to any Loan Document.

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “"Other Lender”") of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “"Lender” " or a “"Revolving Lender” " (or be included in the calculation of “"Requisite Lenders” or “", "Requisite Revolving Lenders” " or "Supermajority Revolving Lenders" hereunder) for any voting or consent rights under or with respect to any Loan DocumentDocument unless such vote or consent requires the approval of all Lenders.

Non-Funding Lenders. The failure of any Revolving Lender (such Revolving Lender, a "Non-Funding Lender Lender") to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Revolving Lender (each such other Revolving Lender, an “"Other Lender”") of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an AdvanceAdvance to be made, fund the or to purchase of a participation or make any other payment required hereunderto be purchased, by such Non-Funding Lender. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “"Lender” " or a “"Revolving Lender” " (or be included in the calculation of “"Requisite Lenders” " or “"Requisite Revolving Lenders” " hereunder) for any voting or consent rights under or with respect to any Loan Document.

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance Loan or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “Other Lender”) of its obligations to make such Advance loan or fund the purchase of any such participation on such date, but neither Administrative Agent nor, other than as expressly set forth herein, any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advancea loan, fund the purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “Lender” or a “Revolving Lender” (or be be, or have its Loans and Commitments, included in the calculation determination of “Requisite Required Lenders” or “Requisite Revolving LendersLenders directly affected” hereunderpursuant to Section 7.8) for any voting or consent rights under or with respect to any Loan Document. Moreover, for the purposes of determining Required Lenders the Loans and Commitments held by Non-Funding Lenders shall be excluded from the total Loans and Commitments outstanding.

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Revolving Lender (each such other Revolving Lender, an “"Other Lender”") of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the Advance or to purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “"Lender” " or a “"Revolving Lender” " (or be included in the calculation of “"Requisite Lenders” or “", "Requisite Revolving Lenders” " or "Supermajority Revolving Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance Loan or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “Other Lender”) of its obligations to make such Advance loan or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advancea loan, fund the purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “Lender” or a “Revolving Lender” (or be included in the calculation of “Requisite Lenders” or “Requisite Revolving Required Lenders” hereunder) for any voting or consent rights under or with respect to any Loan Document.

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “Other Lender”) of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “Lender” or a “Revolving Lender” (or be included in the calculation of “Requisite Lenders” or “Requisite Revolving Lenders” hereunder) for any voting or consent rights under or with respect to any Loan Document.

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “"Other Lender”") of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the or to purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “"Lender” " or a “"Revolving Lender” " (or be included in the calculation of “"Requisite Lenders” or “," "Requisite Revolving Lenders” ," or "Supermajority Revolving Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, hereunder or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Revolving Lender (each such other Revolving Lender, an “Other Lender”"OTHER LENDER") of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the Advance or to purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “"Lender” " or a “"Revolving Lender” " (or be included in the calculation of “"Requisite Lenders” " or “"Requisite Revolving Lenders” " hereunder) for any voting or consent rights under or with respect to any Loan Document.

Non-Funding Lenders. The failure of any Non-Funding Lender to ------------------- make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Revolving Lender (each such other Revolving Lender, an “"Other Lender”") of its obligations to make such Advance or fund the ------------ purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the Advance or to purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “"Lender” " or a “"Revolving Lender” " (or be included in the calculation of “"Requisite Lenders” " or “Requisite "Supermajority Revolving Lenders” " hereunder) for any voting or consent rights under or with respect to any Loan Document.

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or Term Loan or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Revolving Lender or Term Lender (each such other Revolving Lender or Term Lender, an “"Other Lender”") of its obligations to make such Advance or fund the Term Loan or purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the Advance or Term Loan or to purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “"Lender” " or a “"Revolving Lender” " or "Term Lender" (or be included in the calculation of “"Requisite Lenders” " or “"Requisite Revolving Lenders” " or "Requisite Term Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “"Other Lender”") of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “"Lender” " or a “"Revolving Lender” " (or be included in the calculation of “"Requisite Lenders” " or “"Requisite Revolving Lenders” " hereunder) for any voting or consent rights under or with respect to any Loan Document.

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “Other Lender”) of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “Lender” or a “Revolving Lender” or a “Supermajority Lender” (or be included in the calculation of “Requisite Lenders” or “Requisite Revolving Supermajority Lenders” hereunder) for any voting or consent rights under or with respect to any Loan Document.

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Revolving Lender (each such other Revolving Lender, an “"Other Lender”") of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor any Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the Advance or to purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “"Lender” " or a “"Revolving Lender” " (or be included in the calculation of “"Requisite Lenders” " or “"Requisite Revolving Lenders” " hereunder) for any voting or consent rights under or with respect to any Loan Document.

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Revolving Lender (each such other Revolving Lender, an “"Other Lender”") of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the or to purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “"Lender” " or a “"Revolving Lender” " (or be included in the calculation of “Requisite Lenders” or “"Requisite Revolving Lenders” " or "Supermajority Revolving Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance Loan or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “Other Lender”) of its obligations to make such Advance loan or fund the purchase of any such participation on such date, but neither any Other Lender nor the Agent shall be responsible for the failure of any Non-Funding Lender to make an Advancea loan, fund the purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “Lender” or a “Revolving Lender” (or be included in the calculation of “Requisite Lenders” or “Requisite Revolving Required Lenders” hereunder) for any voting or consent rights under or with respect to any Loan Document.

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “Other Lender”) of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “Lender” or a “Revolving Lender” (or be included in the calculation of “Requisite Lenders” or “Requisite Revolving Lenders” hereunder) for any voting or consent rights under or with respect to any Loan Document.

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, hereunder or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Revolving Lender (each such other Revolving Lender, an “Other Lender”"OTHER LENDER") of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the Advance or to purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “"Lender” " or a “"Revolving Lender” " (or be included in the calculation of “"Requisite Lenders” or “", "Requisite Revolving Lenders” " or "Supermajority Revolving Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Non-Funding Lenders. The failure of any Non-Lender (such Lender, a "Non- Funding Lender Lender") to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “"Other Lender”") of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an AdvanceAdvance to be made, fund the or to purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “"Lender” or a “Revolving Lender” " (or be included in the calculation of “"Requisite Lenders” or “", "Requisite Capital Expenditure Lenders", "Requisite Revolving Lenders” " or "Supermajority Revolving Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.. 50

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, hereunder or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Revolving Lender (each such other Revolving Lender, an “"Other Lender”") of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the Advance or to purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “"Lender” " or a “"Revolving Lender” " (or be included in the calculation of “"Requisite Lenders” or “", "Requisite Revolving Lenders” " or "Supermajority Revolving Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Revolving Lender (each such other Revolving Lender, an “Other Lender”"OTHER LENDER") of its obligations to make such Revolving Credit Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the a Revolving Credit Advance or to purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “Lender” "LENDER" or a “Revolving Lender” "REVOLVING LENDER" (or be included in the calculation of “Requisite Lenders” "REQUISITE LENDERS", or “Requisite Revolving Lenders” "SUPERMAJORITY REVOLVING LENDERS" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “Other Lender”) of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “Lender” or a “Revolving Lender” (or have the amounts owing to it be included in the calculation of “Requisite Lenders” or “Requisite Supermajority Revolving Lenders” hereunder) for any voting or consent rights under or with respect to any Loan Document.

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance Loan or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “"Other Lender”") of its obligations to make such Advance loan or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advancea loan, fund the purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “"Lender” " or a “Revolving "Lender” " (or be included in the calculation of “Requisite "Required Lenders” or “Requisite Revolving Lenders” " hereunder) for any voting or consent rights under or with respect to any Loan Document.

Non-Funding Lenders. The failure of any Revolving Lender (such Revolving Lender, a “Non-Funding Lender Lender”) to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Revolving Lender (each such other Revolving Lender, an “Other Lender”) of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Administrative Agent shall be responsible for the failure of any Non-Funding Lender to make an AdvanceAdvance to be made, fund the or to purchase of a participation or make any other payment required hereunderto be purchased, by such Non-Funding Lender. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “Lender” or a “Revolving Lender” (or be included in the calculation of “Requisite Lenders” or “Requisite Revolving Lenders” hereunder) for any voting or consent rights under or with respect to any Loan Document.

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan or Participating Interest to be made or funded purchased by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “"Other Lender”") of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the purchase of a participation or Participating Interest or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “"Lender” or a “Revolving Lender” " (or be included in the calculation of “"Requisite Lenders” " or “Requisite Revolving "Supermajority Lenders” " hereunder) for any voting or consent rights under or with respect to any Loan Document.

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance, any Alternative Currency Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “Other Lender”) of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “Lender” or a “Revolving Lender” or a “Supermajority Lender” (or be included in the calculation of “Requisite Lenders” or “Requisite Revolving Supermajority Lenders” hereunder) for any voting or consent rights under or with respect to any Loan Document.

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Revolving Lender (each such other Revolving Lender, an “Other Lender”"OTHER LENDER") of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent nor Co-Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the Advance or to purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “"Lender” " or a “"Revolving Lender” " (or be included in the calculation of “"Requisite Lenders” or “, " "Requisite Revolving Lenders” " or "Supermajority Revolving Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance Loan or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “Other Lender”) of its obligations to make such Advance loan or fund the purchase of any such participation on such date, but neither any Other Lender nor the Agent shall be responsible for the failure of any Non-Funding Lender to make an Advancea loan, fund the purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “Lender” or a “Revolving Lender” (or be included in the calculation of “Requisite Lenders” or “Requisite Revolving Majority Lenders” hereunder) for any voting or consent rights under or with respect to any Loan Document.

Non-Funding Lenders. The failure of any Non-Non Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “"Other Lender”") of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “"Lender” " or a “"Revolving Lender” " (or be included in the calculation of “"Requisite Lenders” " or “Requisite "Supermajority Revolving Lenders” " hereunder) for any voting or consent rights under or with respect to any Loan Document.

Non-Funding Lenders. The failure of any Lender (such Lender, a "Non-Funding Lender Lender") to ------------------ make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “"Other ----- Lender”") of its obligations to make such a Revolving Credit Advance or fund the purchase of any such participation on such date, but ------ neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advancea Revolving Credit Advance to be made by such Non- Funding Lender, fund and no Other Lender shall have any obligation to Agent or any Other Lender for the purchase of a participation or make any other payment required hereunderfailure by such Non-Funding Lender. Notwithstanding anything set forth herein to the contrarycontrary so long as any Lender continues to be a Non-Funding Lender, a such Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “"Lender” or a “Revolving Lender” " (or be included in the calculation of “"Requisite Lenders” or “Requisite Revolving Lenders” " hereunder) for any voting or consent rights under or with respect to any Loan Document.

Non-Funding Lenders. The failure of any Non-Non Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “"Other Lender”") of its obligations to make such Advance Advance, make any other payment or fund the purchase of any such participation on such date, but neither any Other Lender nor any Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the make any other payment or purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “"Lender” " a "US Lender", a "European Lender", a US Revolving Lender", a "European Revolving Lender", a "US Term Lender" or a “Revolving "European Term A Lender” " (or be included in the calculation of “"Requisite Lenders” or “Requisite Revolving Lenders” " hereunder) for any voting or consent rights under or with respect to any Loan Document.

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “Other Lender”) of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “Lender” or a “Revolving Lender” (or be included in the calculation of “Requisite Lenders” ”, or “Requisite Revolving Supermajority Lenders” hereunder) for any voting or consent rights under or with respect to any Loan Document.

Non-Funding Lenders. The failure of any NonRevolving Lender (such Revolving Lender, a "NON-Funding Lender FUNDING LENDER") to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Revolving Lender (each such other Revolving Lender, an “Other Lender”"OTHER LENDER") of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the Advance or to purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “"Lender” " or a “"Revolving Lender” " (or be included in the calculation of “"Requisite Lenders” or “", "Requisite Revolving Lenders” " or "Supermajority Revolving Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document. In addition, Agent at its discretion, may cause a Non-Funding to be removed as if it were a Non-Consenting Lender in accordance with Section 11.2(d).

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance Loan or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “Other Lender”) of its obligations to make such Advance loan or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advancea loan, fund the purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “Lender” or a “Revolving Lender” (or be included in the calculation of “Requisite Lenders” or “Requisite Revolving Required Lenders” hereunder) for any voting or consent rights under or with respect to any Loan Document, and Non-Funding Lender shall not be entitled to receive any Unused Commitment Fee.

Non-Funding Lenders. The failure of any Non-Funding Lender to make ------------------- any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Revolving Lender (each such other Revolving Lender, an “"Other Lender”") of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the Advance or to purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “"Lender” " or a “"Revolving Lender” " (or be included in the calculation of “"Requisite Lenders” " or “Requisite "Supermajority Revolving Lenders” " hereunder) for any voting or consent rights under or with respect to any Loan Document.

Non-Funding Lenders. The failure of any NonLender (such Lender, a "NON-Funding Lender FUNDING LENDER") to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “Other Lender”"OTHER LENDER") of its obligations to make such a Revolving Credit Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advancea Revolving Credit Advance to be made by such Non-Funding Lender, fund and no Other Lender shall have any obligation to Agent or any Other Lender for the purchase of a participation or make any other payment required hereunderfailure by such Non-Funding Lender. Notwithstanding anything set forth herein to the contrarycontrary so long as any Lender continues to be a Non-Funding Lender, a such Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “"Lender” or a “Revolving Lender” " (or be included in the calculation of “"Requisite Lenders” or “Requisite Revolving Lenders” " hereunder) for any voting or consent rights under or with respect to any Loan Document.

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Revolving Lender (each such other Revolving Lender, an “"Other Lender”") of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the Advance or to purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “"Lender” " or a “"Revolving Lender” " (or be included in the calculation of “"Requisite Lenders” " or “Requisite "Supermajority Revolving Lenders” " hereunder) for any voting or consent rights under or with respect to any Loan Document.

Non-Funding Lenders. The failure of any Non-Funding Lender (such Lender, a "NON- FUNDING LENDER") to make its Pro Rata Share of any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “Other Lender”"OTHER LENDER") of its obligations obligation to make its Pro Rata Share of such Advance or fund the purchase of any such participation on such dateRevolving Credit Advance, but neither any Other Lender nor the Administrative Agent shall be responsible for the failure of any Non-Funding Lender to make an Advanceits Pro Rata Share of any Revolving Credit Advance to be made on any funding date, fund and no Non-Funding Lender shall have any obligation to the purchase of a participation Administrative Agent or make any other payment required hereunderOther Lender for the failure by such Non-Funding Lender. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “"Lender” or a “Revolving Lender” " (or be included in the calculation of “Requisite "Required Lenders” or “Requisite Revolving Lenders” " hereunder) for any voting or consent rights under or with respect to any Loan Document.

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving ------------------- Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor (such Lender, a "Non- --- Funding Lender") shall not relieve any other Lender (each such other Revolving Lender, an “-------------- "Other Lender”") of its obligations to make such Advance or fund the purchase of any such ------------ participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an AdvanceAdvance to be made, fund the or to purchase of a participation or make any other payment required hereunderto be purchased, by such Non-Funding Lender. Notwithstanding anything set forth herein to the contrary, a Non-Non- Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “"Lender” or a “Revolving Lender” " (or be included in the calculation of “"Requisite Lenders” or “Requisite Revolving Lenders” " hereunder) for any voting or consent rights under or with respect to any Loan Document.

Non-Funding Lenders. The failure of any Revolving Lender (such Revolving Lender, a "Non-Funding Lender Lender") to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Revolving Lender (each such other Revolving Lender, an “"Other Lender”") of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an AdvanceAdvance to be made, fund the or to purchase of a participation or make any other payment required hereunderto be purchased, by such Non-Funding Lender. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “"Lender” " or a “"Revolving Lender” " (or be included in the calculation of “"Requisite Lenders” or “", "Requisite Revolving Lenders” " hereunder) for any voting or consent rights under or with respect to any Loan Document.

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan or Letter of Credit Obligation to be made or funded purchased by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “Other Lender”) of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “Lender” or a “Revolving Lender” (or be included in the calculation of “Requisite Lenders” or “Requisite Supermajority Revolving Lenders” hereunder) for any voting or consent rights under or with respect to any Loan Document.

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “"Other Lender”") of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “"Lender” " or a “"Revolving Lender” " (or be included in the calculation of “"Requisite Lenders” ", or “"Requisite Revolving Lenders” " hereunder) for any voting or consent rights under or with respect to any Loan Document.

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance Loan or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “"Other Lender”") of its obligations to make such Advance loan or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advancea loan, fund the purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “"Lender” " or a “"Revolving Lender” " (or be included in the calculation of “Requisite "Required Lenders” " or “Requisite "Required Revolving Lenders” " hereunder) for any voting or consent rights under or with respect to any Loan Document.

Non-Funding Lenders. The failure of any Revolving Lender (such Revolving Lender, a "Non-Funding Lender Lender") to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Revolving Lender (each such other Revolving Lender, an “"Other Lender”") of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Administrative Agent shall be responsible for the failure of any Non-Funding Lender to make an AdvanceAdvance to be made, fund the or to purchase of a participation or make any other payment required hereunderto be purchased, by such Non-Funding Lender. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “"Lender” " or a “"Revolving Lender” " (or be included in the calculation of “"Requisite Lenders” " or “"Requisite Revolving Lenders” " hereunder) for any voting or consent rights under or with respect to any Loan Document.

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Revolving Lender (each such other Revolving Lender, an “Other Lender”"OTHER LENDER") of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the Advance or to purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “"Lender” " or a “"Revolving Lender” " (or be included in the calculation of “"Requisite Lenders” or “", "Requisite Revolving Lenders” " or "Supermajority Revolving Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan or Participating Interest to be made or funded purchased by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “Other Lender”) of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the purchase of a participation or Participating Interest or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “Lender” or a “Revolving Lender” (or be included in the calculation of “Requisite Lenders”, “Requisite Revolving Lenders” or “Requisite Supermajority Revolving Lenders” hereunder) for any voting or consent rights under or with respect to any Loan Document.