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 Advance shall not relieve any other Lender (each such other Lender, an "Other Lender") of its obligations to make such Advance or purchase 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 Advance to be made, or to purchase a participation to 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 Lenders" hereunder) for any voting or consent rights under or with respect to any loan document.

Appears in 1 contract

Samples: Credit Agreement (Able Laboratories Inc)

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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 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 purchase such participation on such date, but neither any Other Lender nor Administrative Lender, Agent shall not be responsible for the failure of any Non-Funding Lender to make an Advance to be madeAdvance, or to purchase a participation to be purchased, by such Non-Funding Lenderor 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 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 documentLoan Document.

Appears in 1 contract

Samples: Credit Agreement (Sunlink Health Systems 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 on the date specified therefor shall not relieve any other Lender (each such other Lender, an "Other ----- Lender") of its obligations to make such Advance or purchase such participation on such date, but neither any ------ Other Lender nor Administrative Agent nor Revolving Credit 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 Lenderrequired 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 Loan Document or constitute a "Lender" or a "Revolving Lender" (or be included in the calculation of "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: Loan and Security Agreement (Premier Graphics 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 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 purchase such participation on such date, but neither any Other Lender Lender, neither Funding Agent nor Administrative Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance to be madeAdvance, or to purchase a participation to be purchased, by such Non-Funding Lenderor 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 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 documentLoan Document.

Appears in 1 contract

Samples: Credit Agreement (Sunlink Health Systems Inc)

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 purchase any participation in any Swing Line Loan to be made or purchased by it on the date specified therefor shall not relieve any other Lender (each such other Lender, an "Other Lender") of its obligations to make such Advance or purchase 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 Advance to be made, or to purchase a participation to be purchased, by such Non-Funding Lenderrequired 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 Loan Document or constitute a "Lender" or a "Revolving Lender" (or be included in the calculation of "Requisite Lenders" or "Requisite Supermajority Lenders" hereunder) for any voting or consent rights under or with respect to any loan documentLoan Document.

Appears in 1 contract

Samples: Credit Agreement (Rawlings Sporting Goods Co Inc)

Non-Funding Lenders. The failure of any Lender (such Lender, a "Non-Funding Lender") Lender to make any Advance Term Loan or any payment required by it hereunder, to be made or purchased by it on the date specified therefor shall not relieve any other Lender (each such other Lender, an "Other Lender") of its obligations to make such Advance or purchase 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 Advance to be madeAdvance, or to purchase a participation to be purchased, by such Non-Funding Lenderor 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 Loan Document or constitute a "Lender" or a "Revolving Lender" (or be included in the calculation of "Requisite Lenders" or "Requisite “Supermajority Lenders" hereunder) for any voting or consent rights under or with respect to any loan documentLoan Document.

Appears in 1 contract

Samples: Credit Agreement (Neff Rental Inc)

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 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 purchase 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 Advance to be made, or to purchase a participation to be purchased, by such Non-Funding Lenderrequired 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 Loan Document or constitute a "Lender" or a "Revolving Lender" (or be included in the calculation of "Requisite Lenders" or "Requisite Supermajority Lenders" hereunder) for any voting or consent rights under or with respect to any loan documentLoan Document.

Appears in 1 contract

Samples: Credit Agreement (Mim Corp)

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 shall not relieve any other Revolving Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make such Advance or purchase 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 Advance to be made, or to purchase a participation to be purchased, by such Non-Funding Lenderor 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 Loan Document or constitute a "Lender" or a "Revolving Lender" (or be included in the calculation of "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 (American Eco Corp)

Non-Funding Lenders. The failure of any Lender (such Lender, a "Non-Funding Lender") Lender to make any Advance 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 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 Administrative Agent shall be responsible for the failure of any 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 Lenderor 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 Loan Document or constitute a "Lender" or a "Revolving Lender" (or be included in the calculation of "Requisite “Required 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 (Surmodics Inc)

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Non-Funding Lenders. The failure of any Lender (such Lender, a ------------------- "Non-Funding Lender") to make any Advance to be made by it on the date specified ------------------- therefor shall not relieve any other Lender (each such other Lender, an "Other ----- Lender") of its obligations to make such Advance or purchase such participation on such dateAdvance, 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 Advance to be made, or to purchase a participation to be purchased, made 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 Related Document or constitute a "Lender" or a "Revolving Lender" (or be included in the calculation of "Requisite Lenders" or "Requisite Lenders" hereunder) for any voting or consent rights under or with respect to any loan documentRelated Document.

Appears in 1 contract

Samples: Receivables Funding Agreement (Imperial Sugar Co /New/)

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 on the date specified therefor shall not relieve any other Lender (each such other Lender, an "Other Lender") of its obligations to make such Revolving Credit Advance or purchase 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 Revolving Credit Advance to be made, or to purchase a participation to be purchased, by such Non-Funding Lenderrequired 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 Loan Document or constitute a "Lender" or a "Revolving Lender" (or be included in the calculation of "Requisite Lenders", "Requisite Lenders" or "Requisite Supermajority Lenders" hereunder) for any voting or consent rights under or with respect to any loan documentLoan Document.

Appears in 1 contract

Samples: Credit Agreement (Per Se Technologies Inc)

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 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 purchase such participation on such dateparticipation, 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 madeAdvance, or to purchase a participation to be purchased, by such Non-Funding Lenderor 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 Loan Document or constitute a "Lender" ”, a “Requisite Revolving Lender”, or a "Revolving Lender" (or be included in the calculation of "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 (Green Plains Inc.)

Non-Funding Lenders. The failure of any Lender (such Lender, a "Non-Funding LenderNON- FUNDING LENDER") to make any Revolving Credit Advance to be made by it 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 Advance or purchase 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 Advance to be made, or to purchase a participation to be purchased, 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 Loan Document or constitute a "Lender" or a "Revolving Lender" (or be included in the calculation of "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 (Weider Nutrition International Inc)

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 shall not relieve any other Revolving Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make such Advance or purchase such participation on such date, but neither any Other Lender nor Administrative Revolving Credit 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 Lenderrequired 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 Operative Document or constitute a "Lender" or a "Revolving Lender" (or be included in the calculation of "Requisite Lenders" or "Requisite Lenders" hereunder) hereunder for any voting or consent rights under or with respect to any loan documentOperative Document.

Appears in 1 contract

Samples: Credit Agreement (Precision Partners Inc)

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