Common use of Nonperforming Lenders Clause in Contracts

Nonperforming Lenders. In the event that any Lender fails to reimburse the Domestic Agent or the Canadian Agent, as the case may be, pursuant to Sections 10.4.1, 10.4.2 or 10.4.3 for the Percentage Interest of such lender (a "Nonperforming Lender") in any credit advanced by the Domestic Agent or the Canadian Agent pursuant hereto, overdue amounts (the "Delinquent Payment") due from the Nonperforming Lender to the Domestic Agent or the Canadian Agent shall bear interest, payable by the Nonperforming Lender on demand, at a per annum rate equal to (a) the Federal Funds Rate for the first three days overdue and (b) the sum of 2% plus the Federal Funds Rate for any longer period. Such interest shall be payable to the Domestic Agent or the Canadian Agent, as the case may be, for its own account for the period commencing on the date of the Delinquent Payment and ending on the date the Nonperforming Lender reimburses the Domestic Agent of the Canadian Agent on account of the Delinquent Payment (to the extent not paid by any Obligor as provided below) and the accrued interest thereon (the "Delinquency Period"), whether pursuant to the assignments referred to below or otherwise. Upon notice by the Domestic Agent or the Canadian Agent, as the case may be, the Domestic Borrower or the Canadian Borrower, as the case may be, will pay to the Domestic Agent or the Canadian Agent, as the case may be, the principal (but not the interest) portion of the Delinquent Payment. During the Delinquency Period, in order to make reimbursements for the Delinquent Payment and accrued interest thereon, the Nonperforming Lender shall be deemed to have assigned to the Domestic Agent of the Canadian Agent all interest, commitment fees and other payments made by the Borrower under Section 3 that would have thereafter otherwise been payable under the Credit Documents to the Nonperforming Lender. During any period in which any Nonperforming Lender is not performing its obligations to extend credit under Section 2, the Nonperforming Lender shall be deemed to have assigned to each Lender that is not a Nonperforming Lender (a "Performing Lender") all principal and other payments made by the Borrower under Section 4 that would have thereafter otherwise been payable under the Credit Documents to the Nonperforming Lender. The Domestic Agent or the Canadian Agent, as the case may be, shall credit a portion of such payments to each Performing Lender in an amount equal to the Percentage Interest of such Performing Lender in an amount equal to the Percentage Interest of such Performing Lender divided by one minus the Percentage Interest of the Nonperforming Lender until the respective portions of the Loan owed to all the Lenders are the same as the Percentage Interests of the Lenders immediately prior to the failure of the Nonperforming Lender to perform its obligations under Section 2. The foregoing provisions shall be in addition to any other remedies the Domestic Agent or the Canadian Agent, as the case may be, the Performing Lenders or the Borrower may have under law or equity against the Nonperforming Lender as a result of the Delinquent Payment or as a result of its failure to perform its obligations under Section 2.

Nonperforming Lenders. In the event that any Lender fails to reimburse the Domestic Agent or the Canadian Agent, as the case may be, pursuant to Sections 10.4.1, 10.4.1 or 10.4.2 or 10.4.3 for the Percentage Interest of such lender (a "Nonperforming Lender") in any credit advanced by the Domestic Agent or the Canadian Agent pursuant hereto, overdue amounts (the "Delinquent Payment") due from the Nonperforming Lender to the Domestic Agent or the Canadian Agent shall bear interest, payable by the Nonperforming Lender on demand, at a per annum rate equal to (a) the Federal Funds Rate for the first three days overdue and (b) the sum of 2% plus the Federal Funds Rate for any longer period. Such interest shall be payable to the Domestic Agent or the Canadian Agent, as the case may be, for its own account for the period commencing on the date of the Delinquent Payment and ending on the date the Nonperforming Lender reimburses the Domestic Agent of the Canadian Agent on account of the Delinquent Payment (to the extent not paid by any Obligor as provided below) and the accrued interest thereon (the "Delinquency Period"), whether pursuant to the assignments referred to below or otherwise. Upon notice by the Domestic Agent or the Canadian Agent, as the case may be, the Domestic Borrower or the Canadian Borrower, as the case may be, Company will pay to the Domestic Agent or the Canadian Agent, as the case may be, the principal (but not the interest) portion of the Delinquent Payment. During the Delinquency Period, in order to make reimbursements 115 117 for the Delinquent Payment and accrued interest thereon, the Nonperforming Lender shall be deemed to have assigned to the Domestic Agent of the Canadian Agent all interest, commitment fees and other payments made by the Borrower Company under Section 3 that would have thereafter otherwise been payable under the Credit Documents to the Nonperforming Lender. During any period in which any Nonperforming Lender is not performing its obligations to extend credit under Section 2, the Nonperforming Lender shall be deemed to have assigned to each Lender that is not a Nonperforming Lender (a "Performing Lender") all principal and other payments made by the Borrower Company under Section 4 that would have thereafter otherwise been payable under the Credit Documents to the Nonperforming Lender. The Domestic Agent or the Canadian Agent, as the case may be, shall credit a portion of such payments to each Performing Lender in an amount equal to the Percentage Interest of such Performing Lender in an amount equal to the Percentage Interest of such Performing Lender divided by one minus the Percentage Interest of the Nonperforming Lender until the respective portions of the Loan owed to all the Lenders are the same as the Percentage Interests of the Lenders immediately prior to the failure of the Nonperforming Lender to perform its obligations under Section 2. The foregoing provisions shall be in addition to any other remedies the Domestic Agent or the Canadian Agent, as the case may be, the Performing Lenders or the Borrower Company may have under law or equity against the Nonperforming Lender as a result of the Delinquent Payment or as a result of its failure to perform its obligations under Section 2.

Nonperforming Lenders. In the event that any Lender fails to reimburse the Domestic Agent or the Canadian Agent, as the case may be, pursuant to Sections 10.4.1, 10.4.1 or 10.4.2 (or 10.4.3 in such manner as the Lenders otherwise agree for loans made in accordance with the Cash Management Agreement) for the Percentage Interest of such lender (a "Nonperforming LenderNONPERFORMING LENDER") in any credit advanced by the Domestic Agent or the Canadian Agent pursuant hereto, overdue amounts (the "Delinquent PaymentDELINQUENT PAYMENT") due from the Nonperforming Lender to the Domestic Agent or the Canadian Agent shall bear interest, payable by the Nonperforming Lender on demand, at a per annum rate equal to (a) the Federal Funds Rate for the first three days overdue and (b) the sum of 2% plus PLUS the Federal Funds Rate for any longer period. Such interest shall be payable to the Domestic Agent or the Canadian Agent, as the case may be, for its own account for the period commencing on the date of the Delinquent Payment and ending on the date the Nonperforming Lender reimburses the Domestic Agent of the Canadian Agent on account of the Delinquent Payment (to the extent not paid by any Obligor as provided below) and the accrued interest thereon (the "Delinquency PeriodDELINQUENCY PERIOD"), whether pursuant to the assignments referred to below or otherwise. Upon notice by the Domestic Agent or the Canadian Agent, as the case may be, the Domestic Borrower or the Canadian Borrower, as the case may be, Company will pay to the Domestic Agent or the Canadian Agent, as the case may be, the principal (but not the interest) portion of the Delinquent Payment; PROVIDED that such Delinquent Payment has been outstanding for no fewer than three days. During the Delinquency Period, in order to make reimbursements for the Delinquent Payment and accrued interest thereon, the Nonperforming Lender shall be deemed to have assigned to the Domestic Agent of the Canadian Agent all interest, commitment fees and other payments made by the Borrower Company under Section 3 that would have thereafter otherwise been payable under the Credit Documents to the Nonperforming Lender. During any period in which any Nonperforming Lender is not performing its obligations to extend credit under Section 2, the Nonperforming Lender shall be deemed to have assigned to each Lender that is not a Nonperforming Lender (a "Performing LenderPERFORMING LENDER") all principal and other payments made by the Borrower Company under Section 4 that would have thereafter otherwise been payable under the Credit Documents to the Nonperforming Lender. The Domestic Agent or the Canadian Agent, as the case may be, shall credit a portion of such payments to each Performing Lender in an amount equal to the Percentage Interest of such Performing Lender in an amount equal to the Percentage Interest of such Performing Lender divided by one minus MINUS the Percentage Interest of the Nonperforming Lender until the respective portions of the Loan owed to all the Lenders are the same as the Percentage Interests of the Lenders immediately prior to the failure of the Nonperforming Lender to perform its obligations under Section 2. The foregoing provisions shall be in addition to any other remedies the Domestic Agent or the Canadian Agent, as the case may be, the Performing Lenders or the Borrower Company may have under law or equity against the Nonperforming Lender as a result of the Delinquent Payment or as a result of its failure to perform its obligations under Section 2.

Nonperforming Lenders. In the event that any Lender fails to reimburse the Domestic Agent or the Canadian Agent, as the case may be, pursuant to Sections 10.4.1, 10.4.2 or 10.4.3 Section 10.4.1 for the Percentage Interest of such lender Lender (a "“Nonperforming Lender"”) in any credit portion of the Loan advanced by the Domestic Agent or the Canadian Agent pursuant hereto, overdue amounts (the "“Delinquent Payment"”) due from the Nonperforming Lender to the Domestic Agent or the Canadian Agent shall bear interest, payable by the Nonperforming Lender on demand, at a per annum rate equal to (a) the Federal Funds Applicable Rate for the first three days overdue and (b) the sum of (i) the Applicable Rate plus (ii) 2% plus the Federal Funds Rate for any longer period. Such interest shall be payable to the Domestic Agent or the Canadian Agent, as the case may be, for its own account for the period commencing on the date of the Delinquent Payment and ending on the date the Nonperforming Lender reimburses the Domestic Agent of the Canadian Agent on account of the Delinquent Payment (to the extent not paid by any Obligor as provided below) and the accrued interest thereon (the "“Delinquency Period"”), whether pursuant to the assignments referred to below or otherwise. Upon notice by the Domestic Agent or the Canadian Agent, as the case may be, the Domestic Borrower or the Canadian Borrower, as the case may be, Company will pay to the Domestic Agent or the Canadian Agent, as the case may be, the principal (but not the interest) portion of the Delinquent Payment. During the Delinquency Period, in order to make reimbursements for the Delinquent Payment and accrued interest thereon, the Nonperforming Lender shall be deemed to have assigned to the Domestic Agent of the Canadian Agent all interest, commitment fees and other payments made by the Borrower Company under Section 3 that would have thereafter otherwise been payable under the Credit Documents to the Nonperforming Lender. During any period in which any Nonperforming Lender is not performing its obligations to extend credit under Section 2, the Nonperforming Lender shall be deemed to have assigned to each Lender that is not a Nonperforming Lender (a "“Performing Lender"”) all principal and other payments made by the Borrower Company under Section 4 that would have thereafter otherwise been payable under the Credit Documents to the Nonperforming Lender. The Domestic Agent or the Canadian Agent, as the case may be, shall credit a portion of such payments to each Performing Lender in an amount equal to the Percentage Interest of such Performing Lender in an amount equal to the Percentage Interest of such Performing Lender divided by one minus the Percentage Interest of the Nonperforming Lender until the respective portions of the Loan owed to all the Lenders are the same as the Percentage Interests of the Lenders immediately prior to the failure of the Nonperforming Lender to perform its obligations under Section 2. The foregoing provisions shall be in addition to any other remedies the Domestic Agent or the Canadian Agent, as the case may be, the Performing Lenders or the Borrower Company may have under law or equity against the Nonperforming Lender as a result of the Delinquent Payment or as a result of its failure to perform its obligations under Section 2.

Nonperforming Lenders. In the event that any Lender fails to reimburse the Domestic Agent or the Canadian Agent, as the case may be, pursuant to Sections 10.4.1, 10.4.2 14.4.1 or 10.4.3 14.4.2 for the Percentage Interest of such lender (a "Nonperforming Lender") in any credit advanced by the Domestic Agent or the Canadian Agent pursuant hereto, overdue amounts (the "Delinquent Payment") due from the Nonperforming Lender to the Domestic Agent or the Canadian Agent shall bear interest, payable by the Nonperforming Lender on demand, at a per annum rate equal to (a) the Federal Funds Rate for the first three (3) days overdue and (b) the sum of two percent (2% %) plus the Federal Funds Rate for any longer period. Such interest shall be payable to the Domestic Agent or the Canadian Agent, as the case may be, for its own account for the period commencing on the date of the Delinquent Payment and ending on the date the Nonperforming Lender reimburses the Domestic Agent of the Canadian Agent on account of the Delinquent Payment (to the extent not paid by any Obligor as provided below) and the accrued interest thereon (the "Delinquency Period"), whether pursuant to the assignments referred to below or otherwise. Upon notice by the Domestic Agent or the Canadian Agent, as the case may be, the Domestic Borrower or the Canadian Borrower, as the case may be, will Company shall pay to the Domestic Agent or the Canadian Agent, as the case may be, the principal (but not the interest) portion of the Delinquent Payment; provided that such Delinquent Payment has been outstanding for no fewer than three (3) days. During the Delinquency Period, in order to make reimbursements for the Delinquent Payment and accrued interest thereon, the Nonperforming Lender shall be deemed to have assigned to the Domestic Agent of the Canadian Agent all interest, commitment fees and other payments made by the Borrower Company under Section 3 that would have thereafter otherwise been payable under the Credit Documents to the Nonperforming Lender. During any period in which any Nonperforming Lender is not performing its obligations to extend credit under Section 2, the Nonperforming Lender shall be deemed to have assigned to each Lender that is not a Nonperforming Lender (a "Performing Lender") all principal and other payments made by the Borrower Company under Section 4 that would have thereafter otherwise been payable under the Credit Documents to the Nonperforming Lender. The Domestic Agent or the Canadian Agent, as the case may be, shall credit a portion of such payments to each Performing Lender in an amount equal to the Percentage Interest of such Performing Lender in an amount equal to the Percentage Interest of such Performing Lender divided by one minus the Percentage Interest of the Nonperforming Lender until the respective portions of the Loan owed to all the Lenders are the same as the Percentage Interests of the Lenders immediately prior to the failure of the Nonperforming Lender to perform its obligations under Section 2. The foregoing provisions shall be in addition to any other remedies the Domestic Agent or the Canadian Agent, as the case may be, the Performing Lenders or the Borrower Company may have under law or equity against the Nonperforming Lender as a result of the Delinquent Payment or as a result of its failure to perform its obligations under Section 2.

Nonperforming Lenders. In the event that any Lender fails to reimburse the Domestic Agent or the Canadian Agent, as the case may be, pursuant to Sections 10.4.1, 10.4.2 10.3.1 or 10.4.3 10.3.2 for the Percentage Interest of such lender (a "Nonperforming Lender") in any credit advanced by the Domestic Agent or the Canadian Agent pursuant hereto, overdue amounts (the "Delinquent Payment") due from the Nonperforming Lender to the Domestic Agent or the Canadian Agent shall bear interest, payable by the Nonperforming Lender on demand, at a per annum rate equal to (a) the Federal Funds Rate for the first three days overdue and (b) the sum of 2% plus the Federal Funds Rate for any longer period. Such interest shall be payable to the Domestic Agent or the Canadian Agent, as the case may be, for its own account for the period commencing on the date of the Delinquent Payment and ending on the date the Nonperforming Lender reimburses the Domestic Agent of the Canadian Agent on account of the Delinquent Payment (to the extent not paid by any Obligor as provided below) and the accrued interest thereon (the "Delinquency Period"), whether pursuant to the assignments referred to below or otherwise. Upon notice by the Domestic Agent or the Canadian Agent, as the case may be, the Domestic Borrower or the Canadian Borrower, as the case may be, will pay to the Domestic Agent or the Canadian Agent, as the case may be, the principal (but not the interest) portion of the Delinquent Payment. During the Delinquency Period, in order to make reimbursements for the Delinquent Payment and accrued interest thereon, the Nonperforming Lender shall be deemed to have assigned to the Domestic Agent of the Canadian Agent all interest, commitment fees and other payments made by the Borrower under Section 3 that would have thereafter otherwise been payable under the Credit Documents to the Nonperforming Lender. During any period in which any Nonperforming Lender is not performing its obligations to extend credit under Section 2, the Nonperforming Lender shall be deemed to have assigned to each Lender that is not a Nonperforming Lender (a "Performing Lender") all principal and other payments made by the Borrower under Section 4 that would have thereafter otherwise been payable under the Credit Documents to the Nonperforming Lender. The Domestic Agent or the Canadian Agent, as the case may be, shall credit a portion of such payments to each Performing Lender in an amount equal to the Percentage Interest of such Performing Lender in an amount equal to the Percentage Interest of such Performing Lender divided by one minus the Percentage Interest of the Nonperforming Lender until the respective portions of the Loan owed to all the Lenders are the same as the Percentage Interests of the Lenders immediately prior to the failure of the Nonperforming Lender to perform its obligations under Section 2. The foregoing provisions shall be in addition to any other remedies the Domestic Agent or the Canadian Agent, as the case may be, the Performing Lenders or the Borrower may have under law or equity against the Nonperforming Lender as a result of the Delinquent Payment or as a result of its failure to perform its obligations under Section 2.

Nonperforming Lenders. In the event that any Lender fails to reimburse the Domestic Administrative Agent or the Canadian Agent, as the case may be, pursuant to Sections 10.4.1, 10.4.2 or 10.4.3 10.4.1 for the Percentage Interest of such lender (a "Nonperforming LenderNONPERFORMING LENDER") in any credit advanced by the Domestic Agent or the Canadian Administrative Agent pursuant hereto, overdue amounts (the "Delinquent PaymentDELINQUENT PAYMENT") due from the Nonperforming Lender to the Domestic Agent or the Canadian Administrative Agent shall bear interest, payable by the Nonperforming Lender on demand, at a per annum rate equal to (a) the Federal Funds Rate for the first three days overdue and (b) the sum of 2% plus PLUS the Federal Funds Rate for any longer period. Such interest shall be payable to the Domestic Administrative Agent or the Canadian Agent, as the case may be, for its own account for the period commencing on the date of the Delinquent Payment and ending on the date the Nonperforming Lender reimburses the Domestic Agent of the Canadian Administrative Agent on account of the Delinquent Payment (to the extent not paid by any Obligor the Borrower as provided below) and the accrued interest thereon (the "Delinquency PeriodDELINQUENCY PERIOD"), whether pursuant to the assignments referred to below or otherwise. Upon notice by the Domestic Agent or the Canadian Administrative Agent, as the case may be, the Domestic Borrower or the Canadian Borrower, as the case may be, will pay to the Domestic Administrative Agent or the Canadian Agent, as the case may be, the principal (but not the interest) portion of the Delinquent Payment. During the Delinquency Period, in order to make reimbursements for the Delinquent Payment and accrued interest thereon, the Nonperforming Lender shall be deemed to have assigned to the Domestic Agent of the Canadian Administrative Agent all interest, commitment fees and other payments made by the Borrower under Section 3 that would have thereafter otherwise been payable under the Credit Documents to the Nonperforming Lender. During any period in which any Nonperforming Lender is not performing its obligations to extend credit under Section 2, the Nonperforming Lender shall be deemed to have assigned to each Lender that is not a Nonperforming Lender (a "Performing LenderPERFORMING LENDER") all principal and other payments made by the Borrower under Section 4 that would have thereafter otherwise been payable under the Credit Documents to the Nonperforming Lender. The Domestic Administrative Agent or the Canadian Agent, as the case may be, shall credit a portion of such payments to each Performing Lender in an amount equal to the Percentage Interest of such Performing Lender in an amount equal to the Percentage Interest of such Performing Lender divided by one minus the Percentage Interest of the Nonperforming Lender until the respective portions of the Loan owed to all the Lenders are the same as the Percentage Interests of the Lenders immediately prior to the failure of the Nonperforming Lender to perform its obligations under Section 2. The foregoing provisions shall be in addition to any other remedies the Domestic Agent or the Canadian Administrative Agent, as the case may be, the Performing Lenders or the Borrower may have under law or equity against the Nonperforming Lender as a result of the Delinquent Payment or as a result of its failure to perform its obligations under Section 2.

Nonperforming Lenders. In the event that any Lender fails to reimburse the Domestic Administrative Agent or the Canadian Agent, as the case may be, pursuant to Sections 10.4.1, 10.4.2 or 10.4.3 10.4.1 for the Percentage Interest of such lender (a "Nonperforming Lender") in any credit advanced by the Domestic Agent or the Canadian Administrative Agent pursuant hereto, overdue amounts (the "Delinquent Payment") due from the Nonperforming Lender to the Domestic Agent or the Canadian Administrative Agent shall bear interest, payable by the Nonperforming Lender on demand, at a per annum rate equal to (a) the Federal Funds Rate for the first three days overdue and (b) the sum of 2% plus the Federal Funds Rate for any longer period. Such interest shall be payable to the Domestic Administrative Agent or the Canadian Agent, as the case may be, for its own account for the period commencing on the date of the Delinquent Payment and ending on the date the Nonperforming Lender reimburses the Domestic Agent of the Canadian Administrative Agent on account of the Delinquent Payment (to the extent not paid by any Obligor Principal Company as provided below) and the accrued interest thereon (the "Delinquency Period"), whether pursuant to the assignments referred to below or otherwise. Upon notice by the Domestic Agent or the Canadian Administrative Agent, as the case may be, the Domestic Borrower or the Canadian Borrower, as the case may be, will pay to the Domestic Administrative Agent or the Canadian Agent, as the case may be, the principal (but not the interest) portion of the Delinquent Payment. During the Delinquency Period, in order to make reimbursements for the Delinquent Payment and accrued interest thereon, the Nonperforming Lender shall be deemed to have assigned to the Domestic Agent of the Canadian Administrative Agent all interest, commitment fees and other payments made by the Borrower under Section 3 that would have thereafter otherwise been payable under the Credit Documents to the Nonperforming Lender. During any period in which any Nonperforming Lender is not performing its obligations to extend credit under Section 2, the Nonperforming Lender shall be deemed to have assigned to each Lender that is not a Nonperforming Lender (a "Performing Lender") all principal and other payments made by the Borrower under Section 4 that would have thereafter otherwise been payable under the Credit Documents to the Nonperforming Lender. The Domestic Administrative Agent or the Canadian Agent, as the case may be, shall credit a portion of such payments to each Performing Lender in an amount equal to the Percentage Interest of such Performing Lender in an amount equal to the Percentage Interest of such Performing Lender divided by one minus the Percentage Interest of the Nonperforming Lender until the respective portions of the Loan owed to all the Lenders are the same as the Percentage Interests of the Lenders immediately prior to the failure of the Nonperforming Lender to perform its obligations under Section 2. The foregoing provisions shall be in addition to any other remedies the Domestic Agent or the Canadian Administrative Agent, as the case may be, the Performing Lenders or the Borrower may have under law or equity against the Nonperforming Lender as a result of the Delinquent Payment or as a result of its failure to perform its obligations under Section 2.