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 Defaulting Lender, for purposes of computing the amount of the obligation of each non-Defaulting Lender to acquire, refinance or fund participations in Letters of Credit or Swing Line Advances pursuant to Sections 2.03 and 2.04, the “Commitment Percentage” of each non-Defaulting Lender shall be computed without giving effect to the Commitment of that Defaulting Lender; provided, that the aggregate obligation of each non-Defaulting Lender to acquire, refinance or fund participations in Letters of Credit and Swing Line Advances shall not exceed the positive difference, if any, of (1) the Commitment of that non-Defaulting Lender minus (2) the aggregate Outstanding Amount of the Revolving Credit Advances of that Xxxxxx. Subject to Section 10.22, no reallocation hereunder shall constitute a waiver or release of any claim of any party hereunder against a Defaulting Lender arising from that Xxxxxx having become a Defaulting Lender, including any claim of a non-Defaulting Lender as a result of such non-Defaulting Xxxxxx’s increased exposure following such reallocation.

Reallocation of Commitment Percentages to Reduce Fronting Exposure. During any period in which there is a Defaulting Lender, for purposes of computing the amount of the obligation of each non-Defaulting Lender to acquire, refinance refinance, or fund participations in Letters of Credit L/Cs or Swing Line Advances Loans pursuant to Sections 2.03 2.3 and 2.042.4, the “Commitment Percentage” of each non-Defaulting Lender shall be computed without giving effect to the Commitment of that Defaulting Lender; provided, that that, the aggregate obligation of each non-Defaulting Lender to acquire, refinance refinance, or fund participations in Letters of Credit L/Cs and Swing Line Advances Loans shall not exceed the positive differenceexcess, if any, of (1) the Commitment of that non-Defaulting Lender minus over (2) the aggregate Outstanding Amount of the Revolving Credit Advances Loans of that XxxxxxLender. Subject to Section 10.2215.24, no reallocation hereunder shall constitute a waiver or release of any claim of any party hereunder against a Defaulting Lender arising from that Xxxxxx Lender having become a Defaulting Lender, including any claim of a non-Defaulting Lender as a result of such non-Defaulting XxxxxxLender’s increased exposure following such reallocation.

Reallocation of Commitment Percentages to Reduce Fronting Exposure. During any period in which there is a Defaulting Lender, for purposes of computing the amount of the obligation of each non-Defaulting Lender to acquire, refinance or fund participations in Letters of Credit or Swing Line Advances pursuant to Sections 2.03 and 2.04, the “Commitment Percentage” of each non-Defaulting Lender shall be computed without giving effect to the Commitment of that Defaulting Lender; provided, that the aggregate obligation of each non-Defaulting Lender to acquire, refinance or fund participations in Letters of Credit and Swing Line Advances shall not exceed the positive difference, if any, of (1) the Commitment of that non-Defaulting Lender minus (2) the aggregate Outstanding Amount of the Revolving Credit Advances of that XxxxxxLender. Subject to Section 10.22, no reallocation hereunder shall constitute a waiver or release of any claim of any party hereunder against a Defaulting Lender arising from that Xxxxxx Lender having become a Defaulting Lender, including any claim of a nonNon-Defaulting Lender as a result of such nonNon-Defaulting XxxxxxLender’s increased exposure following such reallocation.

Reallocation of Commitment Percentages to Reduce Fronting Exposure. During All or any period in which there is part of a Defaulting Lender, for purposes of computing the amount of the obligation of each non-Defaulting Lender to acquire, refinance or fund ’s participations in Letters of Credit or Swing Line Advances Loans pursuant to Sections 2.03 2.8 and 2.042.9, shall be reallocated among the “Commitment Percentage” of each non-Defaulting Lender shall be computed Lenders in accordance with their respective Commitment Percentages (calculated without giving effect regard to the Commitment of that such Defaulting Lender’s Revolving Loan Commitment); provided, that that, (i) each such reallocation shall be given effect only, if, at the date the applicable Lender becomes a Defaulting Lender, no Default or Event of Default exists, and (ii) the aggregate obligation of each non-Defaulting Lender to acquire, refinance or fund participations in Letters of Credit and Swing Line Advances Loans shall not exceed the positive difference, if any, of (1) the Revolving Loan Commitment of that non-Defaulting Lender minus (2) the aggregate Outstanding Amount outstanding principal amount of the Revolving Credit Advances Loans of that Xxxxxxnon-Defaulting Lender plus that non-Defaulting Lender’s Commitment Percentage of outstanding Letter of Credit Obligations. Subject to Section 10.22, no No reallocation hereunder shall constitute a waiver or release of any claim of any party hereunder against a Defaulting Lender arising from that Xxxxxx Lender having become a Defaulting Lender, including any claim of a non-Defaulting Lender as a result of such nonNon-Defaulting XxxxxxLender’s increased exposure following such reallocation.

Reallocation of Commitment Percentages to Reduce Fronting Exposure. During any period in which there is a Defaulting Lender, for purposes of computing the amount of the obligation of each non-Defaulting Lender to acquire, refinance refinance, or fund participations in Letters of Credit L/Cs or Swing Line Advances Loans pursuant to Sections 2.03 2.3 and 2.042.4, the “Commitment Percentage” of each non-Defaulting Lender shall be computed without giving effect to the Commitment of that Defaulting Lender; provided, that that, the aggregate obligation of each non-Defaulting Lender to acquire, refinance refinance, or fund participations in Letters of Credit L/Cs and Swing Line Advances Loans shall not exceed the positive differenceexcess, if any, of (1) the Commitment of that non-Defaulting Lender minus over (2) the aggregate Outstanding Amount of the Revolving Credit Advances Loans of that XxxxxxLender. Subject to Section 10.2215.24, no reallocation hereunder shall constitute a waiver or release of any claim of any party hereunder against a Defaulting Lender arising from that Xxxxxx having become a Defaulting Lender, including any claim of a non-Defaulting Lender as a result of such non-Defaulting Xxxxxx’s increased exposure following such reallocation.

Reallocation of Commitment Percentages to Reduce Fronting Exposure. During any period in which there is a Defaulting Lender, for purposes of computing the amount of the obligation of each non-Defaulting Lender to acquire, refinance or fund participations in Letters of Credit or Swing Line Advances pursuant to Sections 2.03 and 2.04, the “Commitment Percentage” of each non-Defaulting Lender shall be computed without giving effect to the Commitment of that Defaulting Lender; provided, provided that the aggregate obligation of each non-Defaulting Lender to acquire, refinance or fund participations in Letters of Credit and Swing Line Advances shall not exceed the positive difference, if any, of (1) the Commitment of that non-Defaulting Lender minus (2) the aggregate Outstanding Amount of the Revolving Credit Advances of that XxxxxxLender. Subject to Section 10.22, no reallocation hereunder shall constitute a waiver or release of any claim of any party hereunder against a Defaulting Lender arising from that Xxxxxx Lender having become a Defaulting Lender, including any claim of a non-Defaulting Lender as a result of such non-Defaulting XxxxxxLender’s increased exposure following such reallocation.

Reallocation of Commitment Percentages to Reduce Fronting Exposure. During any period in which there is a Defaulting Lender, for purposes of computing the amount of the obligation of each non-Defaulting Lender to acquire, refinance or fund participations in Letters of Credit or Swing Line Advances pursuant to Sections 2.03 and 2.04§ 2.9, the “Commitment Percentage” of each non-Defaulting Lender shall be computed without giving effect to the Commitment of that Defaulting Lender; provided, that that, (i) each such reallocation shall be given effect only if, at the date the applicable Lender becomes a Defaulting Lender, no Default or Event of Default exists; and (ii) the aggregate obligation of each non-Defaulting Lender to acquire, refinance or fund participations in Letters of Credit and Swing Line Advances shall not exceed the positive difference, if any, of (1) the -44- 2076882.7 Commitment of that non-Defaulting Lender minus (2) the aggregate Outstanding Amount outstanding amount of the Revolving Credit Advances Loans of that Xxxxxx. Subject to Section 10.22, no reallocation hereunder shall constitute a waiver or release of any claim of any party hereunder against a Defaulting Lender arising from that Xxxxxx having become a Defaulting Lender, including any claim of a non-Defaulting Lender as a result of such non-Defaulting Xxxxxx’s increased exposure following such reallocation.

Reallocation of Commitment Percentages to Reduce Fronting Exposure. During any period in which there is a Defaulting Lender, for purposes of computing the amount of the obligation of each non-Defaulting Lender to acquire, refinance or fund participations in Letters of Credit or Swing Line Advances pursuant to Sections 2.03 and 2.04, the “Commitment Percentage” of each non-Defaulting Lender shall be computed without giving effect to the Commitment of that Defaulting Lender; provided, that the aggregate obligation of each non-Defaulting Lender to acquire, refinance or fund participations in Letters of Credit and Swing Line Advances shall not exceed the positive difference, if any, of (1) the Commitment of that non-Defaulting Lender minus (2) the aggregate Outstanding Amount of the Revolving Credit Advances of that XxxxxxLender. Subject to Section 10.22, no reallocation hereunder shall constitute a waiver or release of any claim of any party hereunder against a Defaulting Lender arising from that Xxxxxx Lender having become a Defaulting Lender, including any claim of a non-Defaulting Lender as a result of such non-Defaulting XxxxxxLender’s increased exposure following such reallocation.

Reallocation of Commitment Percentages to Reduce Fronting Exposure. During any period in which there is a Defaulting Delinquent Lender, for purposes of computing the amount of the obligation of each non-Defaulting Delinquent Lender to acquire, refinance or fund participations in Swing Line Loans or Letters of Credit or Swing Line Advances pursuant to Sections 2.03 §§ 2.10 and 2.044, the “Commitment Percentage” of each non-Defaulting Delinquent Lender shall be computed without giving effect to the Commitment of that Defaulting Delinquent Lender; provided, that 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-Defaulting Delinquent Lender to acquire, refinance or fund participations in Letters of Credit and Swing Line Advances Loans shall not exceed the positive difference, if any, of (1) the Commitment of that non-Defaulting Delinquent Lender minus (2) the aggregate Outstanding Amount outstanding amount of the Revolving Credit Advances Loans of that XxxxxxLender. Subject to Section 10.22§16.18, no reallocation hereunder shall constitute a waiver or release of any claim of any party hereunder against a Defaulting Lender arising from that Xxxxxx Lender having become a Defaulting Lender, including any claim of a nonNon-Defaulting Lender as a result of such nonNon-Defaulting XxxxxxLender’s increased exposure following such reallocation.

Reallocation of Commitment Percentages to Reduce Fronting Exposure. During any period in which there is a Defaulting Lender, for purposes of computing the amount of the obligation of each non-Defaulting Lender to acquire, refinance refinance, or fund participations in Letters of Credit or Swing Line Advances L/Cs pursuant to Sections 2.03 and 2.042.3, the “Commitment Percentage” of each non-Defaulting Lender shall be computed without giving effect to the Commitment of that Defaulting Lender; provided, that that, the aggregate obligation of each non-Defaulting Lender to acquire, refinance refinance, or fund participations in Letters of Credit and Swing Line Advances L/Cs shall not exceed the positive differenceexcess, if any, of (1) the Commitment of that non-Defaulting Lender minus over (2) the aggregate Outstanding Amount of the Revolving Credit Advances Loans of that XxxxxxLender. Subject to Section 10.2215.24, no reallocation hereunder shall constitute a waiver or release of any claim of any party hereunder against a Defaulting Lender arising from that Xxxxxx having become a Defaulting Lender, including any claim of a non-Defaulting Lender as a result of such non-Defaulting Xxxxxx’s increased exposure following such reallocation.

Reallocation of Commitment Percentages to Reduce Fronting Exposure. During All or any period in which there is a part of such Defaulting Lender, for purposes ’s participation in Letter of computing Credit Obligations and Swing Line Loans shall be reallocated among the amount non-Defaulting Lenders under the Revolver A Facility in accordance with their respective Commitment Percentages (calculated without regard to such Defaulting Lender’s Commitment) but only to the extent that such reallocation does not cause the aggregate Exposure A of the obligation of each any non-Defaulting Lender to acquire, refinance or fund participations in Letters of Credit or Swing Line Advances pursuant to Sections 2.03 and 2.04, the “Commitment Percentage” of each exceed such non-Defaulting Lender shall be computed without giving effect to the Commitment of that Defaulting Lender; provided, that the aggregate obligation of each non-Defaulting Lender to acquire, refinance or fund participations in Letters of Credit and Swing Line Advances shall not exceed the positive difference, if any, of (1) the Commitment of that non-Defaulting Lender minus (2) the aggregate Outstanding Amount of the Revolving Credit Advances of that Xxxxxx’s Commitment. Subject to Section 10.229.20, no reallocation hereunder shall constitute a waiver or release of any claim of any party hereunder against a Defaulting Lender under the Revolver A Facility arising from that Xxxxxx Lender having become a Defaulting Lender, including any claim of a non-Defaulting Lender as a result of such non-Defaulting XxxxxxLender’s increased exposure following such reallocation.