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

Non-Funding Lenders. The obligation of each Lender to make its portion of any Revolving Credit Advance shall be severable. The failure of any Non-Funding Lender to make any Revolving Credit Advance to be made by it on the date specified therefor (including in respect of any Reimbursement Deficiency) shall not relieve any other Lender (each such other Lender, an “Other Lender”) of its obligations to make the Revolving Credit Advance required to be made by itit (or any other advance or participation required of it hereunder, including in connection with Swing Line Advances), but neither any Other Lender nor the Administrative Agent shall be responsible for the failure of any Non-Funding Lender to make a Revolving Credit Advance to be made by such Non-Funding 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 fails to fund to the extent that the Revolving Credit Advances made by such Other Lenders do not exceed such Lenders’ respective Commitment after giving effect to any 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 Related Transaction Document or constitute a “Lender” (or be included in the calculation of “Requisite Lenders” or “Required Remedies Lenders” hereunder) for any voting or consent rights under or with respect to any Related Transaction Document unless and until such Non-Funding Lender shall have cured cease to be a Non-Funding Lender as defined in full its failures to make Revolving Credit Advances hereunder.Annex X.

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance to be made 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”"OTHER LENDER") of its obligations to make the Revolving Credit such Advance to be made by itor payment 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 a Revolving Credit an Advance to be made by such Non-Funding Lender (it being understood that the Other Lenders shall be or make any other payment required to fund the portion of any Revolving Credit Advance that a Non-Funding Lender fails to fund to the extent that the Revolving Credit Advances made by such Other Lenders do not exceed such Lenders’ respective Commitment after giving effect to any funding)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 Related Loan Document or constitute a “"Lender” " or a "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 Related Loan Document unless and until or (ii) be entitled to any Fees pertaining to any portion of such Non-Funding Lender shall have cured in full its failures to make Revolving Credit Advances hereunderAdvance or payment that it has failed to make.

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance 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 therefor, shall not relieve any other Revolving Lender (each such other Revolving Lender, an “"Other Lender”") of its obligations to make the Revolving Credit such Advance to be made by itor 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 Revolving Credit Advance to be made by such Non-Funding Lender (it being understood that the Other Lenders shall be participation required to fund the portion of any Revolving Credit Advance that a Non-Funding Lender fails to fund to the extent that the Revolving Credit Advances made by such Other Lenders do not exceed such Lenders’ respective Commitment after giving effect to any funding)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 Related Loan Document or constitute a “"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 Related Document unless and until such Non-Funding Lender shall have cured in full its failures to make Revolving Credit Advances hereunderLoan Document.

Non-Funding Lenders. The failure of any Lender (such Lender, a “Non-Funding Lender 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 Lender”) of its obligations to make the Revolving Credit Advance to be made by it, but neither any Other Lender nor the Administrative Agent shall be responsible for the failure of any Non-Funding Lender to make a Revolving Credit Advance to be made by such Non-Funding 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 fails to fund to the extent that the Revolving Credit Advances made by such Other Lenders do not exceed such Lenders’ respective Commitment after giving effect to any 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 Related Document or constitute a “Lender” (or be included in the calculation of “Requisite Lenders” hereunder) for any voting or consent rights under or with respect to any Related 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 Revolving Lender (such ------------------- Lender, a "Non-Funding Lender Lender") to make its Pro Rata Share of any Revolving ------------------ Credit Advance to be made 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 ------------ obligation to make the its Pro Rata Share of such Revolving Credit Advance to be made by itAdvance, but neither any Other Lender nor the Administrative Agent shall be responsible for the failure of any Non-Funding Lender to make a its Pro Rata Share of any Revolving Credit Advance to be made on any funding date, and no Non-Funding Lender shall have any obligation to the Administrative Agent or any Other Lender for the failure by such Non-Funding 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 fails to fund to the extent that the Revolving Credit Advances made by such Other Lenders do not exceed such Lenders’ respective Commitment after giving effect to any 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 Related Loan Document or constitute a “"Lender” " (or be included in the calculation of “Requisite "Required Lenders” " or "Required Revolving Lenders" hereunder) for any voting or consent rights under or with respect to any Related Document unless and until such Non-Funding Lender shall have cured in full its failures to make Revolving Credit Advances hereunderLoan Document.

Non-Funding Lenders. The failure of any Lender (each such Lender, a “Non-Funding Lender Lender”) to make any Revolving Credit Advance required 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 the Revolving Credit Advance required to be made by it, but neither any Other Lender nor the Administrative Agent shall be responsible for the failure of any Non-Funding Lender to make a Revolving Credit Advance to be made by such Non-Funding 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 fails to fund to the extent that the Revolving Credit Advances made by such Other Lenders do not exceed such Lenders’ respective Commitment after giving effect to any 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 Related Document or constitute a “Lender” (or be included in the calculation of “Requisite Lenders” hereunder) for any voting or consent rights under or with respect to any Related 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 Revolving Lender (such Revolving Lender, a "Non-Funding Lender Lender") to make any Revolving Credit Advance 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 Revolving Lender (each such other Revolving Lender, an “"Other Lender”") of its obligations to make the such Revolving Credit Advance to be made by itor 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 a Revolving Credit an Advance to be made made, or to purchase a participation to be purchased, by such Non-Funding Lender (it being understood that the Other Lenders shall be required to fund the portion of any Revolving Credit Advance that a Lender, and no Non-Funding Lender fails shall have any obligation to fund to Agent or any Other Lender for the extent that the Revolving Credit Advances made failure by such Other Lenders do not exceed such Lenders’ respective Commitment after giving effect to any funding)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 Related Loan Document or constitute a “"Lender” " or a "Revolving Lender" (or be included in the calculation of “"Requisite Revolving Lenders” " or "Supermajority Revolving Lenders" hereunder) for any voting or consent rights under or with respect to any Related Document unless and until such Non-Funding Lender shall have cured in full its failures to make Revolving Credit Advances hereunderLoan 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 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 Revolving Lender, an “"Other Lender”") of its obligations to make the Revolving Credit such Advance to be made by itor 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, purchase a Revolving Credit Advance to be made by such Non-Funding Lender (it being understood that the Other Lenders shall be participation or make any other payment required to fund the portion of any Revolving Credit Advance that a Non-Funding Lender fails to fund to the extent that the Revolving Credit Advances made by such Other Lenders do not exceed such Lenders’ respective Commitment after giving effect to any funding)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 Related Loan Document or constitute a “"Lender” " or a "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 Related Document unless Loan Document. At Borrower's request, Agent or a Person reasonably acceptable to Agent shall have the right with Agent's consent and until such in Agent's sole discretion (but shall have no obligation) to purchase from any Non-Funding Lender shall have cured in full its failures to make Revolving Credit Advances hereunder.Lender, and each

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance 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 therefor, shall not relieve any other Revolving Lender (each such other Revolving Lender, an “"Other Lender”") of its obligations to make the Revolving Credit such Advance to be made by itor 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 Revolving Credit Advance to be made by such Non-Funding Lender (it being understood that the Other Lenders shall be participation required to fund the portion of any Revolving Credit Advance that a Non-Funding Lender fails to fund to the extent that the Revolving Credit Advances made by such Other Lenders do not exceed such Lenders’ respective Commitment after giving effect to any funding)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 Related Loan Document or constitute a “"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 Related Document unless and until such Non-Funding Lender shall have cured in full its failures to make Revolving Credit Advances hereunderLoan Document.