Common use of Non-Funding Lenders Clause in Contracts

Non-Funding Lenders. The failure of any Lender (such Lender, a "Non-Funding Lender") to make any Revolving Credit Advance, to purchase any participation in any Swing Line Loan to be made or purchased by it on the date specified therefor, to make its Term Loan B, or to pay its Pro Rata Share of any payment under the Litigation L/C, shall not relieve any other Lender (each such other Lender, an "Other Lender") of its obligations to make such Advance, purchase such participation on such date, make such Term Loan B or to make such payment with respect to the Litigation L/C payment, but neither any Other Lender nor Agent shall be responsible for the failure of any Non- Funding Lender to make an Advance to be made, or to purchase a participation to be purchased, by such Non-Funding Lender, and no Non-Funding Lender shall have any obligation to Agent or any Other 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", a "Revolving Lender" or a "Term Lender" (or be included in the calculation of "Requisite Lenders", "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 Revolving Lender (such Revolving Lender, a "Non-Funding Lender") to make any Revolving Credit Advance, Advance or to purchase any participation in any Swing Line Loan to be made or purchased by it on the date specified therefor, to make its Term Loan B, or to pay its Pro Rata Share of any payment under the Litigation L/C, therefor shall not relieve any other Revolving Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make such Advance, Advance or purchase such participation on such date, make such Term Loan B or to make such payment with respect to the Litigation L/C payment, but neither any Other Lender nor Administrative Agent shall be responsible for the failure of any Non- Non-Funding Lender to make an Advance to be made, or to purchase a participation to be purchased, by such Non-Funding Lender, and no Non-Funding Lender shall have any obligation to Agent or any Other 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", a "Revolving Lender" or a "Term Revolving Lender" (or be included in the calculation of "Requisite Lenders", "Requisite Revolving Lenders" or "Supermajority Revolving Requisite 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, to purchase any participation in any Swing Line Loan Advance to be made or purchased by it on the date specified therefor, to make its Term Loan B, or to pay its Pro Rata Share of any payment under the Litigation L/C, therefor shall not relieve any other Lender (each such other Lender, an "“Other Lender"”) of its obligations to make such Advance, purchase such participation on such date, make such Term Loan B or the Revolving Credit Advance to make such payment with respect to the Litigation L/C paymentbe made by it, but neither any Other Lender nor the Administrative Agent shall be responsible for the failure of any Non- Non-Funding Lender to make an a Revolving Credit Advance to be made, or to purchase a participation to be purchased, made by such Non-Funding Lender, and no Lender (it being understood that the Other Lenders shall be required to fund the portion of any Revolving Credit Advance that a Non-Funding Lender shall have any obligation fails to Agent or any Other Lender for fund to the failure extent that the Revolving Credit Advances made by such Non-Funding LenderOther Lenders do not exceed such Lenders’ respective Commitment after giving effect to any funding). 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 Related Document or constitute a "“Lender", a "Revolving Lender" or a "Term Lender" ” (or be included in the calculation of "“Requisite Lenders", "Requisite Revolving Lenders" or "Supermajority Revolving Lenders" ” hereunder) for any voting or consent rights under or with respect to any Loan DocumentRelated Document unless and until such Non-Funding Lender shall have cured in full its failures to make Revolving Credit Advances hereunder.

Non-Funding Lenders. The failure of any Lender (such Lender, a "Non-Funding Lender") Lender to make any Revolving Loan, Letter of Credit AdvanceObligation or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or purchased funded by it on the date specified therefor, to make its Term Loan B, or to pay its Pro Rata Share of any payment under the Litigation L/C, 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, make such Term Loan B or to make such payment with respect to the Litigation L/C payment, 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- Non-Funding Lender to make an Advance to be madea loan, or to fund the purchase of a participation to be purchased, by such Non-Funding Lender, and no Non-Funding Lender shall have or make any obligation to Agent or any Other Lender for the failure by such Non-Funding Lenderother 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 "Term Lender" ” (or be be, or have its Loans and Commitments, included in the calculation determination of "Requisite “Required Lenders", "Requisite Revolving Lenders" ” or "Supermajority Revolving Lenders" hereunder“Lenders directly affected” pursuant to Section 9.1) for any voting or consent rights under or with respect to any Loan Document; provided that the Commitment of such Non-Funding Lender shall not be increased or extended without the consent of such Non-Funding Lender. 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 Lender (such Lender, a "Non-Funding Lender") Lender to make any Revolving Credit Advance, to purchase Advance or any participation in any Swing Line Loan to be made or purchased payment required by it hereunder on the date specified therefor, to make its Term Loan B, or to pay its Pro Rata Share of any payment under the Litigation L/C, therefor shall not relieve any other Lender (each such other Revolving Lender, an "Other LenderOTHER LENDER") of its obligations to make such Advance, purchase such participation Advance or payment on such date, make such Term Loan B or to make such payment with respect to the Litigation L/C payment, but neither any Other Lender nor Agent shall be responsible for the failure of any Non- Non-Funding Lender to make an Advance to be made, or to purchase a participation to be purchased, by such Non-Funding Lender, and no Non-Funding Lender shall have make any obligation to Agent or any Other Lender for the failure by such Non-Funding Lenderother payment required hereunder. Notwithstanding anything set forth herein to the contrary, a until such failure of any Non-Funding Lender is cured by such Non-Funding Lender, such Non-Funding Lender shall not (i) have any voting or consent rights under or with respect to any Loan Document or constitute a "Lender", a "Revolving Lender" or a "Term Revolving Lender" (or be included in the calculation of "Requisite Lenders", "Requisite Revolving Lenders" or "Supermajority Revolving Lenders" hereunder) for any voting or consent rights under or with respect to any Loan DocumentDocument or (ii) be entitled to any Fees pertaining to any portion of such Revolving Credit Advance or payment that it has failed to make.

Non-Funding Lenders. The failure of any Revolving Lender (such Revolving Lender, a "Non-Funding Lender") to make any Revolving Credit Advance, Advance or to purchase any participation in any Swing Line Loan to be made or purchased by it on the date specified therefor, to make its Term Loan B, or to pay its Pro Rata Share of any payment under the Litigation L/C, therefor shall not relieve any other Revolving Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make such Advance, Revolving Credit Advance or purchase such participation on such date, make such Term Loan B or to make such payment with respect to the Litigation L/C payment, but neither any Other Lender nor Agent shall be responsible for the failure of any Non- Non-Funding Lender to make an Advance to be made, or to purchase a participation to be purchased, by such Non-Funding Lender, and no Non-Funding Lender shall have any obligation to Agent or any Other 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", a "Revolving Lender" or a "Term Revolving Lender" (or be included in the calculation of "Requisite Lenders", "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 Lender (such Lender, a "Non-Funding Lender") Lender to make any Revolving Credit Advance, Advance or any payment required by it hereunder or to purchase any participation in any Swing Line Loan to be made or purchased by it on the date specified therefor, to make its Term Loan B, or to pay its Pro Rata Share of any payment under the Litigation L/C, therefor shall not relieve any other Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make such Advance, Advance or purchase such participation on such date, make such Term Loan B or to make such payment with respect to the Litigation L/C payment, but neither any Other Lender nor Agent shall be responsible for the failure of any Non- Non-Funding Lender to make an Advance to be madeAdvance, or to purchase a participation to be purchased, by such Non-Funding Lender, and no Non-Funding Lender shall have or make any obligation to Agent or any Other Lender for the failure by such Non-Funding Lenderother 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 "Revolving Lender" or a "Term Revolving Lender" (or be included in the calculation of "Requisite Lenders", "Requisite CapEx Lender", "Requisite Revolving Lenders" or "Supermajority Revolving Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.. At Borrower's request, Agent or a Person reasonably acceptable to Agent shall have the right with Agent's consent and in Agent's sole discretion (but shall have no obligation) to purchase from any Non-Funding Lender, and each

Non-Funding Lenders. The failure of any Lender (such Lender, a "Non-Funding Lender") to make any Revolving Credit Advance, to purchase any participation in any Swing Line Loan to be made or purchased by it on the date specified therefor, to make its Term Loan B, or to pay its Pro Rata Share of any payment under the Litigation L/C, shall not relieve any other Lender (each such other Lender, an "Other Lender") of its obligations to make such Advance, purchase such participation on such date, make such Term Loan B or to make such payment with respect to the Litigation L/C payment, but neither any Other Lender nor Agent shall be responsible for the failure of any Non- Non-Funding Lender to make an Advance to be made, or to purchase a participation to be purchased, by such Non-Funding Lender, and no Non-Funding Lender shall have any obligation to Agent or any Other 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", a "Revolving Lender" or a "Term Lender" (or be included in the calculation of "Requisite Lenders", "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 Revolving Lender (such Revolving Lender, a "NonNON-Funding LenderFUNDING LENDER") to make any Revolving Credit Advance, Advance or to purchase any participation in any Swing Line Loan to be made or purchased by it on the date specified therefor, to make its Term Loan B, or to pay its Pro Rata Share of any payment under the Litigation L/C, therefor shall not relieve any other Revolving Lender (each such other Revolving Lender, an "Other LenderOTHER LENDER") of its obligations to make such Advance, Revolving Credit Advance or purchase such participation on such date, make such Term Loan B or to make such payment with respect to the Litigation L/C payment, but neither any Other Lender nor Agent shall be responsible for the failure of any Non- Non-Funding Lender to make an Advance to be made, or to purchase a participation to be purchased, by such Non-Non- Funding Lender, and no Non-Funding Lender shall have any obligation to Agent or any Other 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", a "Revolving Lender" or a "Term Revolving Lender" (or be included in the calculation of "Requisite Lenders", "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 Revolving Lender (such Revolving Lender, a "Non-Funding Lender") to make any Revolving Credit Advance, Advance or to purchase any participation in any Swing Line Loan to be made or purchased by it on the date specified therefor, to make its Term Loan B, or to pay its Pro Rata Share of any payment under the Litigation L/C, therefor shall not relieve any other Revolving Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make such Advance, Advance or purchase such participation on such date, make such Term Loan B or to make such payment with respect to the Litigation L/C payment, but neither any Other Lender nor Agent shall be responsible for the failure of any Non- Non-Funding Lender to make an Advance to be made, or to purchase a participation to be purchased, by such Non-Funding Lender, and no Non-Funding Lender shall have any obligation to Agent or any Other Lender for the failure by such Non-Funding Lender. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender (so long as it shall remain 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 "Revolving Lender" or a "Term Revolving Lender" (or be included in the calculation of "Requisite Lenders", "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 Lender (such Lender, a "Non-Funding Lender") Lender to make any Revolving Credit AdvanceAdvance or any payment required by it hereunder, or to purchase any participation in any Swing Line Loan to be made or purchased by it on the date specified therefor, to make its Term Loan B, or to pay its Pro Rata Share of any payment under the Litigation L/C, therefor shall not relieve any other Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make such Advance, Advance or purchase such participation on such date, make such Term Loan B or to make such payment with respect to the Litigation L/C payment, but neither any Other Lender nor Agent shall be responsible for the failure of any Non- Non-Funding Lender to make an Advance to be madeAdvance, or to purchase a participation to be purchased, by such Non-Funding Lender, and no Non-Funding Lender shall have or make any obligation to Agent or any Other Lender for the failure by such Non-Funding Lenderother 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 "Revolving Lender" or a "Term Revolving Lender" (or be included in the calculation of "Requisite Lenders", "Requisite Revolving Lenders" or "Supermajority Revolving Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document. At Borrower's request, Agent or a Person acceptable to Agent shall have the right with Agent's consent and in Agent's sole discretion (but shall have no obligation) to purchase from any Non-Funding Lender, and each Non-Funding Lender agrees that it shall, at Agent's request, sell and assign to Agent or such Person, all of the Commitments of that Non-Funding Lender for an amount equal to the principal balance of all Loans held by such Non-Funding Lender and all accrued interest and fees with respect thereto through the date of sale, such purchase and sale to be consummated pursuant to an executed Assignment Agreement.

Non-Funding Lenders. The failure of any Revolving Lender (such Revolving Lender, a "“Non-Funding Lender"”) to make any Revolving Credit Advance, Advance or to purchase any participation in any Swing Line Loan to be made or purchased by it on the date specified therefor, to make its Term Loan B, or to pay its Pro Rata Share of any payment under the Litigation L/C, therefor shall not relieve any other Revolving Lender (each such other Revolving Lender, an "“Other Lender"”) of its obligations to make such Advance, Advance or purchase such participation on such date, make such Term Loan B or to make such payment with respect to the Litigation L/C payment, but neither any Other Lender nor Administrative Agent shall be responsible for the failure of any Non- Non-Funding Lender to make an Advance to be made, or to purchase a participation to be purchased, by such Non-Funding Lender, and no Non-Funding Lender shall have any obligation to Agent or any Other 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 a "Term 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 Lender (such Lender, a "NonNON-Funding LenderFUNDING LENDER") to make any Revolving Credit Advance, Advance or to purchase any participation in any Swing Line Loan or make a Term Loan to be made or purchased by it on the date specified therefor, to make its Term Loan B, or to pay its Pro Rata Share of any payment under the Litigation L/C, therefor shall not relieve any other Lender (each such other Lender, an "Other LenderOTHER LENDER") of its obligations to make such Advance, Advance or purchase such participation on such date, or make such Term Loan B or to make on such payment with respect to the Litigation L/C paymentdate, but neither any Other Lender nor Administrative Agent shall be responsible for the failure of any Non- Funding Lender to make an Advance to be made, or to purchase a participation to be purchasedpurchased or to make a Term Loan to be made, by such Non-Funding Lender, and no Non-Funding Lender shall have any obligation to Administrative Agent or any Other Lender for the failure by such Non-Non- Funding Lender. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender (for so long as it shall remain in such status) shall not have any voting or consent rights under or with respect to any Loan Document or constitute a "Lender", a "Revolving Lender" or a "Term Revolving Lender" (or be included in the calculation of "Requisite Lenders", "Requisite Revolving Lenders" or "Supermajority 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 AdvanceAdvance or any payment required by it hereunder, or to purchase any participation in any Swing Line Loan to be made or purchased by it on the date specified therefor, to make its Term Loan B, or to pay its Pro Rata Share of any payment under the Litigation L/C, therefor shall not relieve any other Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make such Advance, Advance or purchase such participation on such date, make such Term Loan B or to make such payment with respect to the Litigation L/C payment, but neither any Other Lender nor Agent shall be responsible for the failure of any Non- Non-Funding Lender to make an Advance to be madeAdvance, or to purchase a participation to be purchased, by such Non-Funding Lender, and no Non-Funding Lender shall have or make any obligation to Agent or any Other Lender for the failure by such Non-Funding Lenderother 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 "Revolving Lender" or a "Term Revolving Lender" (or be included in the calculation of "Requisite Lenders", "Requisite Revolving Lenders" or "Supermajority Revolving Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.. At Borrower's request, Agent or a Person acceptable to Agent shall have the right with Agent's consent and in Agent's sole discretion (but shall have no obligation) to purchase from any Non-Funding Lender, and each Non-Funding Lender agrees that it shall, at Agent's request, sell and assign to Agent or such Person, all of the Commitments of that Non-Funding Lender for an amount equal to the principal balance of all Loans held by such Non-Funding Lender and all accrued interest and fees with respect thereto through the date of sale, such purchase and sale to be consummated pursuant to an executed Assignment Agreement. Exhibit 10.37

Non-Funding Lenders. The failure of any Lender (such Lender, a ------------------- "Non-Funding Lender") to make any Revolving Credit Advance, Advance or to purchase any ------------------- participation in any Swing Line Loan to be made or purchased by it on the date specified therefor, to make its Term Loan B, or to pay its Pro Rata Share of any payment under the Litigation L/C, therefor shall not relieve any other Lender (each such other Lender, an "Other Lender") of its obligations to make such Advance, Advance or purchase such ------------ participation on such date, make such Term Loan B or to make such payment with respect to the Litigation L/C payment, but neither any Other Lender nor any Agent shall be responsible for the failure of any Non- Non-Funding Lender to make an Advance to be made, or to purchase a participation to be purchased, by such Non-Funding Lender, and no Non-Funding Lender shall have any obligation to any Agent or any Other 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", a "Revolving Lender" or a "Term Lender" (or be included in the calculation of "Requisite Lenders", "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 Lender (such Lender, a "Non-Funding Lender") Lender to make any Revolving Credit AdvanceAdvance or any payment required by it hereunder, or, in the case of a Tranche A Revolving Lender, to purchase any participation in any Swing Line Loan to be made or purchased by it on the date specified therefor, to make its Term Loan B, or to pay its Pro Rata Share of any payment under the Litigation L/C, shall not relieve any other Revolving Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make such Advance, Advance or purchase such participation on such date, make such Term Loan B or to make such payment with respect to the Litigation L/C payment, but neither any Other Lender nor Agent shall be responsible for the failure of any Non- Non-Funding Lender to make an Advance to be made, or to purchase a participation to be purchased, by such Non-Funding Lender, and no Non-Funding Lender shall have any obligation to Agent or any Other Lender for the failure by such Non-Funding Lenderrequired hereunder. 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", a "Revolving Lender" or a "Term Lender" (or be included in the calculation of "Requisite Lenders", "Requisite Tranche A Lenders", Requisite Tranche B Lenders" or "Supermajority Tranche A Revolving Lenders" or "Supermajority Tranche B 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 any Revolving Credit AdvanceAdvance or European Working Capital Credit Advance or any payment required by it hereunder, or to purchase any participation in any Swing Line Loan to be made or purchased by it on the date specified therefor, to make its Term Loan B, or to pay its Pro Rata Share of any payment under the Litigation L/C, therefor shall not relieve any other Lender (each such other Revolving Lender, an "“Other Lender"”) of its obligations to make such Advance, make any other payment or purchase such participation on such date, make such Term Loan B or to make such payment with respect to the Litigation L/C payment, but neither any Other Lender nor any Agent shall be responsible for the failure of any Non- Non-Funding Lender to make an Advance to be madeAdvance, make any other payment or to purchase a participation to be purchased, by such Non-Funding Lender, and no Non-Funding Lender shall have or make any obligation to Agent or any Other Lender for the failure by such Non-Funding Lenderother 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 “European Working Capital Lender”, a “US Term Lender” or a "“European Term A Lender" ” (or be included in the calculation of "“Requisite Lenders", "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. (i) The failure of any Lender (such Lender, a "US Non-Funding Lender") Lender to make any US Revolving Credit AdvanceAdvance or any payment required by it hereunder, or to purchase any participation in any US Swing Line Loan or in any US Letter of Credit to be made or purchased by it on the date specified therefor, to make its Term Loan B, or to pay its Pro Rata Share of any payment under the Litigation L/C, therefor shall not relieve any other US Lender (each such other US Revolving Lender, an "“Other US Lender"”) of its obligations to make such Advance, Advance or purchase such participation on such date, make such Term Loan B or to make such payment with respect to the Litigation L/C payment, but neither any Other US Lender nor US Agent shall be responsible for the failure of any Non- US Non-Funding Lender to make an Advance to be madeAdvance, or to purchase a participation to be purchased, by such Non-Funding Lender, and no Non-Funding Lender shall have or make any obligation to Agent or any Other Lender for the failure by such Non-Funding Lenderother payment required hereunder. Notwithstanding anything set forth herein to the contrary, a US Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a "“Lender"”, “US Lender” or a "“Revolving Lender" or a "Term Lender" ” (or be included in the calculation of "“Requisite US Lenders,” “Requisite Lenders", "Requisite Revolving ,” “Supermajority Lenders" ” or "“Supermajority Revolving US Lenders" ” hereunder) for any voting or consent rights under or with respect to any Loan Document.