Common use of Non-Funding Lenders Clause in Contracts

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Advance or any payment required by it hereunder shall not relieve any other Lender (each such other Lender, an "Other Lender") of its obligations to make such Advance, but neither any Other Lender nor the Administrative Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance or to purchase a participation 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 be included in the calculation of the "Requisite Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 2 contracts

Samples: Loan and Security Agreement (Eschelon Telecom Inc), Loan and Security Agreement (Us Xchange LLC)

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Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder hereunder, shall not relieve any other Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make such AdvanceAdvance on such date, but neither any Other Lender nor the Administrative Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance or to purchase a participation 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 the "Requisite Lenders" or "Supermajority Revolving Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 2 contracts

Samples: Credit Agreement (Osullivan Industries Inc), Credit Agreement (Osullivan Industries Holdings Inc)

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Advance or any payment required by it hereunder shall not relieve any other Lender (each such other Lender, an "Other Lender") of its obligations to make such Advance, but neither any Other Lender nor the Administrative Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance or to purchase a participation 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 be included in the calculation of the "Requisite Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 2 contracts

Samples: Loan and Security Agreement (Us Lec Corp), Loan and Security Agreement (Us Lec Corp)

Non-Funding Lenders. The failure of any Non-Non Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder hereunder, shall not relieve any other Revolving Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make such AdvanceAdvance or purchase such participation on such date, but neither any Other Lender nor the Administrative Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance or to purchase a participation 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 the "Requisite Lenders", or "Requisite Revolving Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (American Coin Merchandising Inc)

Non-Funding Lenders. The failure of any Lender (a “Non-Funding Lender Lender”) to make any Advance or any payment required by it hereunder shall not relieve any other Lender (each such other Lender, an "Other Lender") of its obligations to make such any Advance, but neither any Other Lender nor the Administrative Agent shall be responsible for the failure of any Non-Funding Lender to make an any Advance or to purchase a participation 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 be included in the calculation of the "Requisite Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Southwest Casino Corp)

Non-Funding Lenders. The failure of any Non-Funding Lender (such Lender, a "NON- FUNDING LENDER") to make any Revolving Credit Advance or any payment required to be made by it hereunder on the date specified therefor shall not relieve any other Lender (each such other Lender, an "Other LenderOTHER LENDER") of its obligations to make such AdvanceAdvance on such date, but neither any Other Lender nor the Administrative Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance or to purchase a participation required hereunderbe made 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 be included in the calculation of the "Requisite Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Weider Nutrition International Inc)

Non-Funding Lenders. The failure of any Non-Funding Lender ------------------- to make any Advance portion of its Loans or any payment required by it hereunder on the date specified therefor shall not relieve any other Lender (each such other Lender, an "Other Lender") ------------ of its obligations to make any such AdvanceLoan on such date, but neither any Other Lender nor the Administrative Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance or to purchase a participation required hereunderany Loan. 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 be included in the calculation of the "Requisite Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Loan and Security Agreement (Paetec Corp)

Non-Funding Lenders. The failure of any Non-Funding Lender to ------------------- make any Advance portion of its Loans or any payment required by it hereunder on the date specified therefor shall not relieve any other Lender (each such other Lender, an "Other Lender") ------------ of its obligations to make any such AdvanceLoan on such date, but neither any Other Lender nor the Administrative Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance or to purchase a participation required hereunderany Loan. 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 be included in the calculation of the "Requisite Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Loan and Security Agreement (Paetec Corp)

Non-Funding Lenders. The failure of any Non-Funding Lender to ------------------- make any Revolving Credit Advance or any payment required by it hereunder hereunder, shall not relieve any other Lender (each such other Lender, an "Other ----- Lender") of its obligations to make such AdvanceRevolving Credit Advance on such ------ date, but neither any Other Lender nor the Administrative Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance or to purchase a participation required hereunderRevolving Credit Advance. 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 be included in the calculation of the "Requisite Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Debtor in Possession Credit Agreement (Boston Chicken Inc)

Non-Funding Lenders. The failure of any Non-Funding Lender ------------------- to make any Revolving Credit Advance or any payment required by it hereunder shall not relieve any other Revolving Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make such AdvanceAdvance or purchase such participation on such date, but neither any Other Lender nor the Administrative Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance or to purchase 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 the "Requisite Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (American Eco Corp)

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Advance portion of its Loans or any payment required by it hereunder on the date specified therefor shall not relieve any other Lender (each such other Lender, an "Other Lender") of its obligations to make any such AdvanceLoan on such date, but neither any Other Lender nor the Administrative Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance or to purchase a participation required hereunderLoan. 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 be included in the calculation of the "Requisite Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Aerial Communications Inc)

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Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder hereunder, shall not relieve any other Revolving Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make such Advance, but neither any Other Lender nor the Administrative Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance or to purchase a participation required hereunderAdvance. 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 the "Requisite Lenders", or "Supermajority Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Baldwin Piano & Organ Co /De/)

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Advance or any payment required by it hereunder hereunder, shall not relieve any other Lender (each such other Lender, an "Other Lender") of its obligations to make such AdvanceAdvance on such date, but neither any Other Lender nor the Administrative Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance or to purchase a participation 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 the "Requisite Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Osullivan Industries Inc)

Non-Funding Lenders. The failure of any Lender (such Lender, a "Non-Funding Lender Lender") to make any Advance or any payment required by it hereunder shall not relieve any other Lender (each such other Lender, an "Other Lender") of its obligations to make such AdvanceAdvance or purchase such participation on such date, but neither any Other Lender nor the 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 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 loan document or constitute a "Lender" or a "Revolving Lender" (or be included in the calculation of the "Requisite Lenders" or "Requisite Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Documentloan document.

Appears in 1 contract

Samples: Credit Agreement (Able Laboratories Inc)

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Advance or any payment required by it hereunder 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 AdvanceAdvance or purchase such participation on such date, but neither any Other Lender nor the Administrative Lender, Agent shall not be responsible for the failure of any Non-Funding Lender to make an Advance or to Advance, purchase 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 the "Requisite “Required Lenders" ” or “Required Revolving Lenders” hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Sunlink Health Systems Inc)

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Advance portion of its Loans or any payment required by it hereunder on the date specified therefor shall not relieve any other Lender (each such other Lender, an "Other LenderOTHER LENDER") of its obligations to make any such AdvanceLoan on such date, but neither any Other Lender nor the Administrative Agent nor the Collateral Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance or to purchase a participation required hereunderany Loan. 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 be included in the calculation of the "Requisite Lenders" or "Requisite Revolving Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Loan and Security Agreement (KMC Telecom Holdings Inc)

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Advance portion of its Loans or any payment required by it hereunder on the date specified therefor shall not relieve any other Lender (each such other Lender, an "Other Lender") of its obligations to make any such AdvanceLoan on such date, but neither any Other Lender nor the Administrative Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance or to purchase a participation required hereunderany Loan. 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 be included in the calculation of the "Requisite Lenders" or "Requisite Revolving Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Loan and Security Agreement (KMC Telecom Holdings Inc)

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