Common use of Non-Funding Lenders Clause in Contracts

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Loan, Letter of Credit Obligation or any payment required by it hereunder, or to fund any purchase of any participation 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 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 shall be responsible for the failure of any Non-Funding Lender to make a 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, or have its Loans and Commitments, included in the determination of “Required Lenders” or “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 Non-Funding Lender to make any Revolving Loan, Letter of Credit Obligation or any payment required by it hereunder, or to fund any purchase of any participation required 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 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 shall be responsible for the failure of any Non-Funding Lender to make a loan, fund the purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrarycontrary and without any further action by, or consent of, any Credit Party, 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, or have its Loans and Revolving Loan Commitments, included in the determination of “Required Lenders” or “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 LendersLenders or all affected Lenders (other than for the purposes of Section 9.1(a)(i) – (iii)), the Loans and Revolving Loan Commitments held by Non-Funding Lenders shall be excluded from the total Loans and Revolving Loan Commitments outstanding.

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Loan, Letter of Credit Obligation or any payment required by it hereunder, or to fund any purchase of any participation 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 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 shall be responsible for the failure of any Non-Funding Lender to make a 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, or have its Revolving Loans and CommitmentsRevolving Loan Commitment, included in the determination of “Required Lenders” or “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 and no Non-Funding Lender shall not be increased or extended without the consent of such Non-Funding Lenderentitled to receive any Unused Commitment Fee. Moreover, for the purposes of determining Required Lenders, the Revolving Loans and Revolving Loan Commitments held by Non-Funding Lenders shall be excluded from the total Loans and Revolving Loan Commitments outstanding.

Non-Funding Lenders. The failure of any Lender (such Lender, a "Non-Funding Lender Lender") to make any Revolving LoanCredit Advance, Letter of Credit Obligation 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 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 Revolving Lender, an “"Other Lender”") of its obligations to make such loan or fund the Advance, 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- 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 make a loan, fund 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 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 “Revolving "Term Lender” " (or be, or have its Loans and Commitments, be included in the determination calculation of “Required "Requisite Lenders” ", "Requisite Revolving Lenders" or “Lenders directly affected” pursuant to Section 9.1"Supermajority Revolving Lenders" hereunder) 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 Non-Funding Lender to make any Revolving Loan, Letter of Credit Obligation Loan or any payment required by it hereunder, or to fund any purchase of any participation 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 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 shall be responsible for the failure of any Non-Funding Lender to make a 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, or have its Loans and Term Loan Commitments, included in the determination of “Required Lenders” or “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 Term Loan 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 Term Loan Commitments held by Non-Funding Lenders shall be excluded from the total Loans and Term Loan Commitments outstanding.

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving LoanCredit Advance, Letter of Credit Obligation Acquisition Loan Advance or the Term Loan A 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, Acquisition Lender or Term Lender (Term Loan A), as the case may be, (each such other Revolving Lender, Acquisition Lender or Term Lender (Term Loan A), as the case may be, an “Other Lender”"OTHER LENDER") of its obligations to make such loan Advance 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 Administrative Agent or Revolver Agent shall be responsible for the failure of any Non-Funding Lender to make a loan, fund the an 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, or have its Loans and Commitments, be included in the determination calculation of “Required "Requisite Lenders” " or “Lenders directly affected” pursuant to Section 9.1"Supermajority Revolving Lenders" hereunder) 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 Non-Funding Lender to make any Revolving Loan, Letter of Credit Obligation Loan or any payment required by it hereunder, or to fund any purchase of any participation 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 loan 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 shall be responsible for the failure of any Non-Funding Lender to make a loanLoan, 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, or have its Loans and Term Loan Commitments, included in the determination of “Required Lenders” or “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 Term Loan 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 Term Loan Commitments held by Non-Funding Lenders shall be excluded from the total Loans and Term Loan Commitments outstanding.

Non-Funding Lenders. The failure of any Lender (such Lender, a ------------------- "Non-Funding Lender Lender") to make any Revolving Loan, Letter of Credit Obligation or any payment required by it hereunder, Advance or to fund purchase any purchase of ------------------- participation in any participation 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 loan Advance 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 any Agent shall be responsible for the failure of any Non-Funding Lender to make a loanan Advance to be made, fund the or to purchase of a participation to be purchased, by such Non-Funding Lender, and no Non-Funding Lender shall have any obligation to any 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, or have its Loans and Commitments, be included in the determination calculation of “Required "Requisite Lenders” or “Lenders directly affected” pursuant to Section 9.1" hereunder) 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 LoanCredit Advance, Letter of Credit Obligation 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 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 Revolving Lender, an “"Other Lender”") of its obligations to make such loan or fund the Advance, 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-Funding Lender to make a loanan Advance to be made, fund the or to purchase of a participation to be purchased, by such Non-Funding Lender, and no Non-Funding Lender shall have any obligation to 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” ", a "Revolving Lender" or a “Revolving "Term Lender” " (or be, or have its Loans and Commitments, be included in the determination calculation of “Required "Requisite Lenders” ", "Requisite Revolving Lenders" or “Lenders directly affected” pursuant to Section 9.1"Supermajority Revolving Lenders" hereunder) 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 Non-Funding Lender to make any Revolving LoanLoans, Letter of Credit Obligation or any other payment required by it hereunder, or to fund any purchase of any participation required 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 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 shall be responsible for the failure of any Non-Non- Funding Lender to make a 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, or have its Loans and Commitments, included in the determination of “Required Lenders”, “Required Revolving Lenders” or “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 and Required Revolving 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-Non Funding Lender to make any Revolving Loan, Letter of Credit Obligation Advance or European Working Capital 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 loan Advance, make any other payment 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 any Agent shall be responsible for the failure of any Non-Funding Lender to make a loanan 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 “European Working Capital Lender”, a “US Term Lender” or a “Revolving European Term A Lender” (or be, or have its Loans and Commitments, be included in the determination calculation of “Required Requisite Lenders” or “Lenders directly affected” pursuant to Section 9.1hereunder) 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 Non-Funding Lender to make any Revolving Loan, Letter of Credit Obligation Loan or any payment required by it hereunder, or to fund any purchase of any participation 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 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 shall be responsible for the failure of any Non-Funding Lender to make a 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, or have its Loans and Commitments, included in the determination of “Required Lenders” or “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 NonLender (such Lender, a "NON-Funding Lender FUNDING LENDER") to make any Revolving Loan, Letter of Credit Obligation or any payment required by it hereunder, Advance or to fund any purchase of any participation in any Swing Line Loan or make a Term 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”"OTHER LENDER") of its obligations to make such loan Advance or fund the purchase of any such participation or make such Term Loan on such date, but neither Administrative Agent nor, other than as expressly set forth herein, 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 purchased or to make a Term Loan to be made, by such Non-Funding Lender, and no Non-Funding Lender shall have any obligation to make a loan, fund Administrative 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 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” " or a “"Revolving Lender” " (or be, or have its Loans and Commitments, be included in the determination calculation of “Required "Requisite Lenders” " or “Lenders directly affected” pursuant to Section 9.1"Requisite Revolving Lenders" hereunder) 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 Non-Funding Lender to make any Revolving Loan, Letter of Credit Obligation or any payment required by it hereunder, or to fund any purchase of any participation 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 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 shall be responsible for the failure of any Non-Funding Lender to make a 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, or have its Loans and Commitments, included in the determination of “Required Lenders” or “Lenders directly affected” pursuant to Section 9.1) for any voting or consent rights under or with respect to any Loan Document; provided, 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.