Example ContractsClausesConsent of Affected Lenders Required
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Notwithstanding anything in this Agreement or the other Loan Documents to the contrary, Revolving Commitments, Revolving Exposure and Term Loans of any Lender that is at the time a Defaulting Lender shall not have any voting or approval rights under the Loan Documents and shall be excluded in determining whether all Lenders (or all Lenders of a Class), all affected Lenders (or all affected Lenders of a Class) or the Required Lenders have taken or may take any action hereunder (including any consent to any amendment or waiver pursuant to this [Section 9.02]); provided that # the Commitment of any Defaulting Lender may not be increased or extended without the consent of such Lender and # any waiver, amendment or modification requiring the consent of all Lenders or each affected Lender that affects any Defaulting Lender more adversely than other affected Lenders shall require the consent of such Defaulting Lender.

Notwithstanding anything to the contrary herein, # no Defaulting Lender shall have any right to approve or disapprove any amendment, waiver or consent hereunder (and any amendment, waiver or consent which by its terms requires the consent of all Lenders or each affected Lender, or all Lenders or each affected Lender under a Facility, may be effected with the consent of the applicable Lenders other than Defaulting Lenders), except that # the Commitment of any Defaulting Lender may not be increased or extended without the consent of such Lender and # any waiver, amendment or modification requiring the consent of all Lenders or each affected Lender, or all Lenders or each affected Lender under a Facility, that by its terms affects any Defaulting Lender disproportionately adversely relative to other affected Lenders shall require the consent of such Defaulting Lender; # each Lender is entitled to vote as such Lender sees fit on any bankruptcy reorganization plan that affects the Loans, and each Lender acknowledges that the provisions of Section 1126(c) of the Bankruptcy Code of the United States supersedes the unanimous consent provisions set forth herein and # the Required Lenders shall determine whether or not to allow a Loan Party to use cash collateral in the context of a bankruptcy or insolvency proceeding and such determination shall be binding on all of the Lenders.

Non-Consenting Lender” means any Lender that does not approve any consent, waiver or amendment that # requires the approval of all Lenders or all affected Lenders in accordance with the terms of Section 11.01, and # has been approved by the Required Lenders.

except as otherwise permitted by this [Section 12.2] change any provision of this Section or reduce the percentages specified in the definitions of “Required Lenders”, “Required Revolving Credit Lenders”, or any other provision hereof specifying the number or percentage of Lenders required to amend, waive or otherwise modify any rights hereunder or make any determination or grant any consent hereunder, without the written consent of each Lender directly and adversely affected thereby;

reduce the principal amount of any Loan or LC Disbursement or reduce the rate of interest thereon (it being agreed that the waiver of the Default Interest rate (or the imposition thereof) shall only require the consent of the Required Lenders), or reduce any fees or other amounts payable hereunder, without the written consent of each Lender affected thereby;

to such Defaulting Lender than it is to, other affected Lenders shall require the consent of such Defaulting Lender.

and provided further that # no amendment, waiver or consent shall, unless in writing and signed by each Issuer in addition to the Lenders required above, affect the rights or duties of an Issuer under this Agreement or any Issuer Document relating to any Letter of Credit issued or to be issued by it; # no amendment, waiver or consent shall, unless in writing and signed by the Swing Loan Lender in addition to the Lenders required above, affect the rights or duties of the Swing Loan Lender under this Agreement; # no amendment, waiver or consent shall, unless in writing and signed by the [[Administrative Agent:Organization]] in addition to the Lenders required above, affect the rights or duties of, or any fees or other amounts payable to, the [[Administrative Agent:Organization]] under this Agreement or any other Loan Document; and # [Section 12.2(g)] may not be amended, waived or otherwise modified without the consent of each Granting Lender all or any part of whose Loans are being funded by an SPC at the time of such amendment, waiver or other modification; and # the consent of Requisite Revolving Credit Lenders shall be required with respect to any amendment that by its terms adversely affects the rights of the Lenders under such Revolving Facility in respect of payments hereunder in a manner different than such amendment affects other Revolving Loan; # no amendment, waiver or consent shall, unless in writing and signed by the [[FILO Documentation Agent:Organization]] in addition to the Lenders required above, affect the rights or duties of, or any fees or other amounts payable to, the [[FILO Documentation Agent:Organization]] under this Agreement or any other Loan Document; and # the Fee Letter and the FILO Fee Letter, respectively, may be amended, or rights or privileges thereunder waived, in a writing executed by only the respective parties thereto. Notwithstanding anything to the contrary herein, no Defaulting Lender shall have any right to approve or disapprove any amendment, waiver or consent hereunder (and any amendment, waiver or consent which by its terms requires the consent of all Lenders or each affected Lender may be effected with the consent of the applicable Lenders other than Defaulting Lenders), except that # the Revolving Credit Commitment of any Defaulting Lender may not be increased or extended without the consent of such Lender and # any waiver, amendment or modification requiring the consent of all Lenders or each affected Lender that by its terms affects any Defaulting Lender more adversely than other affected Lenders shall require the consent of such Defaulting Lender.

Section # Amendments. Any provision of this Agreement or the other Loan Documents may be amended or waived if, but only if, such amendment or waiver is in writing and is signed by # the Company, # the Required Lenders (or the Administrative Agent with the signed written consent of the Required Lenders), and # if the rights or duties of the Administrative Agent are affected thereby, the Administrative Agent; provided that:

Affected Financial Institution. No Credit Party is an Affected Financial Institution.

Affected Financial Institutions. Neither any Borrower nor any Guarantor is an Affected Financial Institution.

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