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

Reallocation of Commitment Percentages to Reduce Fronting Exposure. All or any part of a Defaulting Lender’s participations Letters of Credit or Swing Line Loans pursuant to Sections 2.8 and 2.9, shall be reallocated among the non-Defaulting Lenders in accordance with their respective Commitment Percentages (calculated without regard to such Defaulting Lender’s Revolving Loan Commitment); provided, 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 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 principal amount of the Revolving Loans of that Lender. No reallocation hereunder shall constitute a waiver or release of any claim of any party hereunder against a Defaulting Lender arising from that Lender having become a Defaulting Lender, including any claim of a non-Defaulting Lender as a result of such Non-Defaulting Lender’s increased exposure following such reallocation.

Reallocation of Commitment Percentages to Reduce Fronting Exposure. All or During any part of period in which there is a Defaulting Lender’s , 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 Loans pursuant to Sections 2.8 §§2.10 and 2.93, shall be reallocated among or to advance Loans in respect of Unreimbursed Amounts under §3.3(b) or unreimbursed Swing Line Loans under §2.10.4, the “Commitment Percentage” of each non-Defaulting Lenders in accordance with their respective Lender shall be computed without giving effect to the Commitment Percentages (calculated without regard to of such Defaulting Lender’s Revolving Loan Commitment); provided, that, (i)each i) each such reallocation shall be given effect only, only if, at the date the applicable Lender becomes a Defaulting Lender, no Default or Event of Default exists; provided that, on any date thereafter during such period, to the extent such Default or Event of Default has been cured or waived, such reallocation shall occur at such later date; and (ii) the aggregate obligation of each non-Defaulting Lender to acquire, refinance or fund participations in Letters of Credit and Swing Line Loans, or to advance Loans in respect of Unreimbursed Amounts under §3.3(b) or unreimbursed Swing Line Loans under §2.10.4, as the case may be, shall not exceed the positive difference, if any, of (1) the Revolving Loan Commitment of that such non-Defaulting Lender minus (2) the aggregate outstanding principal amount of the Revolving Loans of that such Lender. No reallocation hereunder shall constitute a waiver or release of any claim of any party hereunder against a Defaulting Lender arising from that Lender having become a Defaulting Lender, including any claim of a non-Defaulting Lender as a result of such Non-Defaulting Lender’s increased exposure following such reallocation.

Reallocation of Commitment Percentages to Reduce Fronting Exposure. All or During any part of period in which there is a Defaulting Lender’s , 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 Loans pursuant to Sections 2.8 §§2.10 and 2.93, shall be reallocated among or to advance Loans in respect of Unreimbursed Amounts under §3.3(b) or unreimbursed Swing Line Loans under §2.10.5, the “Commitment Percentage” of each non-Defaulting Lenders in accordance with their respective Lender shall be computed without giving effect to the Commitment Percentages (calculated without regard to of such Defaulting Lender’s Revolving Loan Commitment); provided, that, (i)each i) each such reallocation shall be given effect only, only if, at the date the applicable Lender becomes a Defaulting Lender, no Default or Event of Default exists; provided that, on any date thereafter during such period, to the extent such Default or Event of Default has been cured or waived, such 47438543.7 reallocation shall occur at such later date; and (ii) the aggregate obligation of each non-Defaulting Lender to acquire, refinance or fund participations in Letters of Credit and Swing Line Loans Loans, or to advance such Loans, as the case may be, shall not exceed the positive difference, if any, of (1) the Revolving Loan Commitment of that such non-Defaulting Lender minus (2) the aggregate outstanding principal amount of the Revolving Loans of that such Lender. No reallocation hereunder shall constitute a waiver or release of any claim of any party hereunder against a Defaulting Lender arising from that Lender having become a Defaulting Lender, including any claim of a non-Defaulting Lender as a result of such Non-Defaulting Lender’s increased exposure following such reallocation.

Reallocation of Commitment Percentages to Reduce Fronting Exposure. All or During any part of period in which there is a Defaulting Lender’s , 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 Loans pursuant to Sections 2.8 §§2.10 and 2.93, shall be reallocated among or to advance Loans in respect of Unreimbursed Amounts under §3.3(b) or unreimbursed Swing Line Loans under §2.10.5, the “Commitment Percentage” of each non-Defaulting Lenders in accordance with their respective Lender shall be computed without giving effect to the Commitment Percentages (calculated without regard to of such Defaulting Lender’s Revolving Loan Commitment); provided, that, (i)each i) each such reallocation shall be given effect only, only if, at the date the applicable Lender becomes a Defaulting Lender, no Default or Event of Default exists; provided that, on any date thereafter during such period, to the extent such Default or Event of Default has been cured or waived, such reallocation shall occur at such later date; and (ii) the aggregate obligation of each non-Defaulting Lender to acquire, refinance or fund participations in Letters of Credit and Swing Line Loans Loans, or to advance such Loans, as the case may be, shall not exceed the positive difference, if any, of (1) the Revolving Loan Commitment of that such non-Defaulting Lender minus (2) the aggregate outstanding principal amount of the Revolving Loans of that such Lender. No reallocation hereunder shall constitute a waiver or release of any claim of any party hereunder against a Defaulting Lender arising from that Lender having become a Defaulting Lender, including any claim of a non-Defaulting Lender as a result of such Non-Defaulting Lender’s increased exposure following such reallocation.

Reallocation of Commitment Percentages to Reduce Fronting Exposure. All or (a) During any part of period in which there is a Lender that is a Defaulting Lender’s , for purposes of computing the amount of the obligation of each non-Defaulting Lender to acquire, refinance or fund participations in Swing Line Loans and Letters of Credit or Swing Line Loans pursuant to Sections 2.8 §2.9 and 2.9, shall be reallocated among Article IV the “Commitment Percentage” of each non-Defaulting Lenders in accordance with their respective Lender that is a Lender shall be computed without giving effect to the Commitment Percentages (calculated without regard to such of that Defaulting Lender’s Revolving Loan Commitment); provided, that, provided that (i)each A) each such reallocation shall be given effect only, only if, at the date of the applicable Lender becomes a Defaulting Lender, no Default or Event of Default exists, and (iiB) the aggregate obligation that exists or may arise of each non-Defaulting Lender that is a Lender to acquire, refinance or fund participations in Letters of Credit and Swing Line Loans plus, without duplication, the aggregate amount of any participation in Letters of Credit and Swing Line Loans funded which have not been repaid or refinanced shall not exceed the positive difference, if any, of (1) the Revolving Loan Commitment of that non-Defaulting Lender minus (2) the aggregate outstanding principal amount of the Revolving Loans and unpaid L/C Obligations of that Lender. No reallocation hereunder shall constitute a waiver or release of any claim of any party hereunder against a Defaulting Lender arising from that Lender having become a Defaulting Lender, including any claim of a non-Defaulting Lender as a result of such Non-Defaulting Lender’s increased exposure following such reallocation.