Common use of Reallocation of Commitment Percentages to Reduce Fronting Exposure Clause in Contracts

Reallocation of Commitment Percentages to Reduce Fronting Exposure. During any period in which there is a Delinquent Lender, for purposes of computing the amount of the obligation of each non-Delinquent Lender to acquire, refinance or fund participations in Swing Line Loans or Letters of Credit pursuant to §§2.10 and 4, the “Commitment Percentage” of each non-Delinquent Lender shall be computed without giving effect to the Commitment of that Delinquent Lender; provided, that, (i) each such reallocation shall be given effect only if, at the date the applicable Lender becomes a Delinquent Lender, no Default or Event of Default exists; and (ii) the aggregate obligation of each non-Delinquent Lender to acquire, refinance or fund participations in Letters of Credit and Swing Line Loans shall not exceed the positive difference, if any, of (1) the Commitment of that non-Delinquent Lender minus (2) the aggregate outstanding amount of the Revolving Credit Loans of that Lender.

Reallocation of Commitment Percentages to Reduce Fronting Exposure. During any period in which there is a Delinquent Lender, for purposes of computing the amount of the obligation of each non-Delinquent Lender to acquire, refinance or fund participations in Swing Line Loans or Letters of Credit pursuant to §§§ 2.10 and 4, the “Commitment Percentage” of each non-Delinquent Lender shall be computed without giving effect to the Commitment of that Delinquent Lender; provided, that, (i) each such reallocation shall be given effect only if, at the date the applicable Lender becomes a Delinquent Lender, no Default or Event of Default exists; and (ii) the aggregate obligation of each non-Delinquent Lender to acquire, refinance or fund participations in Letters of Credit and Swing Line Loans shall not exceed the positive difference, if any, of (1) the Commitment of that non-Delinquent Lender minus (2) the aggregate outstanding amount of the Revolving Credit Loans of that Lender.

Reallocation of Commitment Percentages to Reduce Fronting Exposure. During any period in which there is a Delinquent Lender that is a Defaulting Lender, for purposes of computing the amount of the obligation of each non-Delinquent Defaulting Lender to acquire, refinance or fund participations in Swing Line Swingline Loans or Letters of Credit pursuant to §§2.10 and 4Section 2.8, the “Commitment Percentage” of each non-Delinquent Defaulting Lender shall be computed without giving effect to the Commitment of that Delinquent Defaulting Lender; provided, that, (i) each such reallocation shall be given effect only if, at the date the applicable Lender becomes a Delinquent Defaulting Lender, no Default or Event of Default exists; and (ii) the aggregate obligation of each non-Delinquent Defaulting Lender to acquire, refinance or fund participations in Letters of Credit and Swing Line Swingline Loans shall not exceed the positive difference, if any, of (1) the Commitment of that non-Delinquent Defaulting Lender minus (2) the aggregate outstanding amount of the Revolving Credit Loans of that Lender.

Reallocation of Commitment Percentages to Reduce Fronting Exposure. During any period in which there is a Delinquent Defaulting Lender, for purposes of computing the amount of the obligation of each non-Delinquent Defaulting Lender to acquire, refinance or fund participations in Swing Line Loans or Letters of Credit or Swingline Loans pursuant to §§2.10 2.8 and 42.9, the “Commitment Percentage” of each non-Delinquent Defaulting Lender shall be computed without giving effect to the Commitment of that Delinquent Defaulting Lender; provided, that, (i) each such reallocation shall be given effect only if, at the date the applicable Lender becomes a Delinquent Defaulting Lender, no Default or Event of Default exists; and (ii) the aggregate obligation of each non-Delinquent Defaulting Lender to acquire, refinance or fund participations in Letters of Credit and Swing Line Swingline Loans shall not exceed the positive difference, if any, of (1) the Commitment of that non-Delinquent Defaulting Lender minus (2) the aggregate outstanding amount of the Revolving Credit Loans of that Lender.

Reallocation of Commitment Percentages to Reduce Fronting Exposure. During any period in which there is a Delinquent Defaulting Lender, for purposes of computing the amount of the obligation of each nonNon-Delinquent Defaulting Lender to acquire, refinance or fund participations in Swing Line Loans or Letters of Credit or Swingline Loans pursuant to §§2.10 Articles 2 and 43, the “Commitment Percentage” of each nonNon-Delinquent Defaulting Lender shall be computed without giving effect to the Revolving Commitment of that Delinquent Defaulting Lender; provided, that, (i) each such reallocation shall be given effect only if, at the date the applicable Lender becomes a Delinquent Defaulting Lender, no Default or Event of Default exists; and (ii) the aggregate obligation of each nonNon-Delinquent Defaulting Lender to acquire, refinance or fund participations in Letters of Credit and Swing Line Swingline Loans shall not exceed the positive difference, if any, of (1) the Revolving Commitment of that nonNon-Delinquent Defaulting Lender minus (2) the aggregate outstanding amount Outstanding Amount of the Revolving Credit Loans of that Lender.

Reallocation of Commitment Percentages to Reduce Fronting Exposure. During any period in which there is a Delinquent Defaulting Lender, for purposes of computing the amount of the obligation of each non-Delinquent Defaulting Lender to acquire, refinance or fund participations in Swing Line Loans or Letters of Credit or Swingline Loans pursuant to §§2.10 Articles 2 and 43, the “Commitment Percentage” of each non-Delinquent Defaulting Lender shall be computed without giving effect to the Commitment of that Delinquent Defaulting Lender; provided, that, (i) each such reallocation shall be given effect only if, at the date the applicable Lender becomes a Delinquent Defaulting Lender, no Default or Event of Default exists; and (ii) the aggregate obligation of each non-Delinquent Defaulting Lender to acquire, refinance or fund participations in Letters of Credit and Swing Line Swingline Loans shall not exceed the positive difference, if any, of (1) the Commitment of that non-Delinquent Defaulting Lender minus (2) the aggregate outstanding amount Outstanding Amount of the Revolving Credit Loans of that Lender.

Reallocation of Commitment Percentages to Reduce Fronting Exposure. During any period in which there is a Delinquent Lender that is a Defaulting Lender, for purposes of computing the amount of the obligation of each non-Delinquent Defaulting Lender to acquire, refinance or fund participations in Swing Line Loans or Letters of Credit or Swingline Loans pursuant to §§2.10 SECTIONS 2.11 and 42.20, the “Commitment Percentage” of each non-Delinquent Defaulting Lender shall be computed without giving effect to the Commitment of that Delinquent Defaulting Lender; provided, that, (i) each such reallocation shall be given effect only if, at the date the applicable Lender becomes a Delinquent Defaulting Lender, no Default or Event of Default exists; and (ii) the aggregate obligation of each non-Delinquent Defaulting Lender to acquire, refinance or fund participations in Letters of Credit and Swing Line Swingline Loans shall not exceed the positive difference, if any, of (1) the Commitment of that non-Delinquent Defaulting Lender minus (2) the aggregate outstanding amount of the Revolving Credit Loans of that Lender.

Reallocation of Commitment Percentages to Reduce Fronting Exposure. During any period in which there is a Delinquent Defaulting Lender, for purposes of computing the amount of the obligation of each nonNon-Delinquent Defaulting Lender to acquire, refinance or fund participations in Swing Line Loans or Letters of Credit or Swingline Loans pursuant to §§2.10 Articles 2 and 43, the “Commitment Percentage” of each nonNon-Delinquent Defaulting Lender shall be computed without giving effect to the Revolving Commitment of that Delinquent Defaulting Lender; provided, that, (i) each such reallocation shall be given effect only if, at the date the applicable Lender becomes a Delinquent Defaulting Lender, no Default or Event of Default exists; and (ii) the aggregate obligation of each nonNon-Delinquent Defaulting Lender to acquire, refinance or fund participations in Letters of Credit and Swing Line Swingline Loans shall not exceed the positive difference, if any, of (1) the Revolving Commitment of that nonNon-Delinquent Defaulting Lender minus (2) the aggregate outstanding amount Outstanding Amount of the Revolving Credit Loans of that Lender.. CHAR1\1991350v2

Reallocation of Commitment Percentages to Reduce Fronting Exposure. During any period in which there is a Delinquent Defaulting Lender, for purposes of computing the amount of the obligation of each non-Delinquent Defaulting Lender to acquire, refinance refinance, or fund participations in L/Cs or Swing Line Loans or Letters of Credit pursuant to §§2.10 Sections 2.3 and 42.4, the “Commitment Percentage” of each non-Delinquent Defaulting Lender shall be computed without giving effect to the Commitment of that Delinquent Defaulting Lender; provided, that, (i) each such reallocation shall be given effect only if, at the date the applicable Lender becomes a Delinquent Defaulting Lender, no Default or Event of Potential Default exists; and (ii) the aggregate obligation of each non-Delinquent Defaulting Lender to acquire, refinance refinance, or fund participations in Letters of Credit L/Cs and Swing Line Loans shall not exceed the positive differenceexcess, if any, of (1) the Commitment of that non-Delinquent Defaulting Lender minus over (2) the aggregate outstanding amount Outstanding Amount of the Revolving Credit Revolver Loans of that Lender.

Reallocation of Commitment Percentages to Reduce Fronting Exposure. During any period in which there is a Delinquent Defaulting Lender, for purposes of computing the amount of the obligation of each nonNon-Delinquent Defaulting Lender to acquire, refinance or fund participations in Swing Line Loans or Letters of Credit or Swingline Loans pursuant to §§2.10 Articles 2 and 43, the “Commitment Percentage” of each nonNon-Delinquent Defaulting Lender shall be computed without giving effect to the Commitment of that Delinquent Defaulting Lender; provided, that, (i) each such reallocation shall be given effect only if, at the date the applicable Lender becomes a Delinquent Defaulting Lender, no Default or Event of Default exists; and (ii) the aggregate obligation of each nonNon-Delinquent Defaulting Lender to acquire, refinance or fund participations in Letters of Credit and Swing Line Swingline Loans shall not exceed the positive difference, if any, of (1) the Commitment of that nonNon-Delinquent Defaulting Lender minus (2) the aggregate outstanding amount Outstanding Amount of the Revolving Credit Loans of that Lender.

Reallocation of Commitment Percentages to Reduce Fronting Exposure. During any period in which there is a Delinquent Defaulting Lender, for purposes of computing the amount of the obligation of each non-Delinquent Defaulting Lender to acquire, refinance or fund participations in Swing Line Swingline Loans or Letters of Credit pursuant to §§2.10 and 45.1, the “Commitment Percentage” of each non-Delinquent Defaulting Lender shall be computed without giving effect to the Commitment of that Delinquent Defaulting Lender; provided, that, (i) each such reallocation shall be given effect only if, at the date the applicable Lender becomes a Delinquent Defaulting Lender, no Default or Event of Default exists; and (ii) the aggregate obligation of each non-Delinquent Defaulting Lender to acquire, refinance or fund participations in Letters of Credit and Swing Line Swingline Loans shall not exceed the positive difference, if any, of (1) the Commitment of that non-Delinquent Defaulting Lender minus (2) the aggregate outstanding amount of the Revolving Credit Loans of that Lender.

Reallocation of Commitment Percentages to Reduce Fronting Exposure. During any period in which there is a Delinquent Lender that is a Defaulting Lender, for purposes of computing the amount of the obligation of each non-Delinquent Defaulting Lender to acquire, refinance or fund participations in Swing Line Loans or Letters of Credit or Swingline Loans pursuant to §§2.10 SECTIONS 2.11 and 42.20, the “Commitment Percentage” of each non-Delinquent Defaulting Lender shall be computed without giving effect to the Commitment of that Delinquent Defaulting Lender; provided, that, (i) each such reallocation shall be given effect only if, at the date the applicable Lender becomes a Delinquent Defaulting Lender, no Default or Event of Default exists; and (ii) the aggregate obligation of each non-Delinquent Defaulting Lender to acquire, refinance or fund participations in Letters of Credit and Swing Line Swingline Loans shall not exceed the positive difference, if any, of (1) the Commitment of that non-Delinquent Defaulting Lender minus (2) the aggregate outstanding amount of the Revolving Credit Loans of that Lender.

Reallocation of Commitment Percentages to Reduce Fronting Exposure. During any period in which there is a Delinquent Defaulting Lender, for purposes of computing the amount of the obligation of each non-Delinquent Defaulting Lender to acquire, refinance refinance, or fund participations in L/Cs or Swing Line Loans or Letters of Credit pursuant to §§2.10 Sections 2.3 and 42.4, the “Commitment Percentage” of each non-Delinquent Defaulting Lender shall be computed without giving effect to the Commitment of that Delinquent Defaulting Lender; provided, that, (i) each such reallocation shall be given effect only if, at the date the applicable Lender becomes a Delinquent Defaulting Lender, no Default or Event of Default exists; and (ii) the aggregate obligation of each non-Delinquent Defaulting Lender to acquire, refinance refinance, or fund participations in Letters of Credit L/Cs and Swing Line Loans shall not exceed the positive differenceexcess, if any, of (1) the Commitment of that non-Delinquent Defaulting Lender minus over (2) the aggregate outstanding amount Outstanding Amount of the Revolving Credit Revolver Loans of that Lender.

Reallocation of Commitment Percentages to Reduce Fronting Exposure. During any period in which there is a Delinquent Defaulting Lender, for purposes of computing the amount of the obligation of each non-Delinquent Defaulting Lender to acquire, refinance or fund participations in Swing Line Loans or Letters of Credit or Swingline Loans pursuant to §§2.10 Sections 2.4 and 42.5, the “Commitment Percentage” of each non-Delinquent Defaulting Lender shall be computed without giving effect to the Commitment of that Delinquent Defaulting Lender; provided, that, (i) each such reallocation shall be given effect only if, at the date the applicable Lender becomes a Delinquent Defaulting Lender, no Default or Event of Default exists; and (ii) the aggregate obligation of each non-Delinquent Defaulting Lender to acquire, refinance or fund participations in Letters of Credit and Swing Line Swingline Loans shall not exceed the positive difference, if any, of (1) the Commitment of that non-Delinquent Defaulting Lender minus (2) the aggregate outstanding amount Outstanding Amount of the Revolving Credit Loans of that Lender.

Reallocation of Commitment Percentages to Reduce Fronting Exposure. During any period in which there is a Delinquent Defaulting Lender, for purposes of computing the amount of the obligation of each non-Delinquent Defaulting Lender to acquire, refinance or fund participations in Swing Line Loans or Letters of Credit or Swingline Loans pursuant to §§2.10 Sections 2.3 and 42.4, the “Commitment Percentage” of each non-Delinquent Defaulting Lender shall be computed without giving effect to the Commitment of that Delinquent Defaulting Lender; provided, that, provided that (iA) each such reallocation shall be given effect only if, at the date the applicable Lender becomes a Delinquent Defaulting Lender, no Default or Event of Default exists; and (iiB) the aggregate obligation of each non-Delinquent Defaulting Lender to acquire, refinance or fund participations in Letters of Credit and Swing Line Swingline Loans shall not exceed the positive difference, if any, of (1) the Commitment of that non-Delinquent Defaulting Lender minus (2) the aggregate outstanding principal amount of the Revolving Credit Loans of that Lender.

Reallocation of Commitment Percentages to Reduce Fronting Exposure. During any period in which there is a Delinquent Defaulting Lender, for purposes of computing the amount of the obligation of each non-Delinquent Defaulting Lender to acquire, refinance or fund participations in Swing Line Loans or Letters of Credit or Swing Line Advances pursuant to §§2.10 Sections 2.03 and 42.04, the “Commitment Percentage” of each non-Delinquent Defaulting Lender shall be computed without giving effect to the Commitment of that Delinquent Defaulting Lender; provided, that, (i) each such reallocation shall be given effect only if, at the date the applicable Lender becomes a Delinquent Defaulting Lender, no Default or Event of Default exists; and (ii) the aggregate obligation of each non-Delinquent Defaulting Lender to acquire, refinance or fund participations in Letters of Credit and Swing Line Loans Advances shall not exceed the positive difference, if any, of (1) the Commitment of that non-Delinquent Defaulting Lender minus (2) the aggregate outstanding amount Outstanding Amount of the Revolving Credit Loans Advances of that Lender.