Common use of Non-Funding Lenders Clause in Contracts

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") 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 its Revolving Credit Advance or Term Loan C advance on such date, but neither any Other Lender nor 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, and no Non-Funding Lender shall have any obligation to Administrative 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 be included in the calculation of "Requisite Lenders" hereunder) for any voting or consent rights under, or with respect to, any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (National Oilwell Inc)

AutoNDA by SimpleDocs

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") to make any Revolving Credit Advance or Term to purchase any participation in any Swing Line Loan C advance to be made or purchased 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 its Revolving Credit such Advance or Term Loan C advance 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 a Revolving Credit an Advance or Term Loan C 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 Administrative 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 be included in the calculation of "Requisite Lenders" hereunder) for any voting or consent rights under, under or with respect to, to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Bon Ton Stores Inc)

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") 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 its the Revolving Credit Advance or Term Loan C advance on such dateto 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 or Term Loan C advance 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-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 Related 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 Loan DocumentRelated Document unless and until such Non-Funding Lender shall have cured in full its failures to make Revolving Credit Advances hereunder.

Appears in 1 contract

Samples: Funding Agreement (Ak Steel Holding Corp)

Non-Funding Lenders. The failure of any Lender with a Revolving Credit Loan Commitment or Term Loan C Commitment (each such Lender, a "Non-Funding Lender") to make any Revolving Credit Advance or Term Loan C advance required 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 its the Revolving Credit Advance or Term Loan C advance on such daterequired 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 or Term Loan C advance 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-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 Related 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 Loan DocumentRelated Document unless and until such Non-Funding Lender shall have cured in full its failures to make Revolving Credit Advances hereunder.

Appears in 1 contract

Samples: Funding Agreement (Synnex Corp)

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 its the Revolving Credit Advance or Term Loan C advance on such dateto 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 or Term Loan C advance to be made by such Non-Funding Lender, Lender (it being understood that the Other Lenders Receivables Funding and no Administration Agreement shall be required to fund the portion of any Revolving Credit Advance that a Non-Funding Lender shall have any obligation fails to Administrative 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" (or be included in the calculation of "Requisite Lenders" hereunder) for any voting or consent rights under, under or with respect to, 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.

Appears in 1 contract

Samples: Receivables Funding and Administration Agreement (Cumulus Media Inc)

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") 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 its a Revolving Credit Advance or Term Loan C advance on such date, but ------ neither any Other Lender nor 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-Non- Funding Lender, and no Non-Funding Other Lender shall have any obligation to Administrative Agent or any Other Lender for the failure by such Non-Funding Lender. Notwithstanding anything set forth herein to the contrarycontrary so long as any Lender continues to be a Non-Funding Lender, a such 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 "Requisite Lenders" hereunder) for any voting or consent rights under, under or with respect to, to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Wilsons the Leather Experts Inc)

Non-Funding Lenders. The failure of any Lender with a Revolving Credit Loan Commitment or Term Loan C Commitment (such Lender, a "NonNON-Funding LenderFUNDING 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 LenderOTHER LENDER") of its obligations to make its a Revolving Credit Advance or Term Loan C advance on such date, but neither any Other Lender nor 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, and no Non-Funding Other Lender shall have any obligation to Administrative Agent or any Other Lender for the failure by such Non-Funding Lender. Notwithstanding anything set forth herein to the contrarycontrary so long as any Lender continues to be a Non-Funding Lender, a such 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 "Requisite Lenders" hereunder) for any voting or consent rights under, under or with respect to, to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Wilsons the Leather Experts Inc)

AutoNDA by SimpleDocs

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") 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 its a Revolving Credit Advance or Term Loan C advance on such date, but neither any Other Lender nor 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, and no Non-Funding Other Lender shall have any obligation to Administrative Agent or any Other Lender for the failure by such Non-Funding Lender. Notwithstanding anything set forth herein to the contrarycontrary so long as any Lender continues to be a Non-Funding Lender, a such 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 "Requisite Lenders" hereunder) for any voting or consent rights under, under or with respect to, to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Wilsons the Leather Experts Inc)

Non-Funding Lenders. The obligation of each Lender to make its portion of any Revolving Credit Advance shall be severable. 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 (including in respect of any Reimbursement Deficiency) shall not relieve any other applicable Lender (each such other Lender, an "Other Lender") of its obligations to make its the Revolving Credit Advance required to be made by it (or Term Loan C any other advance on such dateor 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 or Term Loan C advance 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-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 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, under or with respect to, to any Loan Document.Transaction Document unless and until such Non-Funding Lender shall cease to be a Non-Funding Lender as defined in Annex X.

Appears in 1 contract

Samples: Credit and Security Agreement (Alpha Natural Resources, Inc.)

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") 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 its a Revolving Credit Advance or Term Loan C advance on such date, but neither any Other Lender nor 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-Non- Funding Lender, and no Non-Funding Other Lender shall have any obligation to Administrative Agent or any Other Lender for the failure by such Non-Funding Lender. Notwithstanding anything set forth herein to the contrarycontrary so long as any Lender continues to be a Non-Funding Lender, a such 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 "Requisite Lenders" hereunder) for any voting or consent rights under, under or with respect to, to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Wilsons the Leather Experts Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.