Example ContractsClausesdefaulting lenderVariants
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Defaulting Lender Cure. If the Borrower, the Administrative Agent, the Swingline Lender and the Issuing Bank agree in writing that a Lender is no longer a Defaulting Lender, the Administrative Agent will so notify the parties hereto, whereupon as of the effective date specified in such notice and subject to any conditions set forth therein (which may include arrangements with respect to any cash collateral), that Lender will, to the extent applicable, purchase at par that portion of outstanding Loans of the applicable Class or Classes of the other [[Consenting Lenders:Organization]] or take such other actions as the Administrative Agent may determine to be necessary to cause the Loans and funded and unfunded participations in Letters of Credit and Swingline Loans of each applicable Class to be held pro rata by the [[Consenting Lenders:Organization]] in accordance with the relative amounts of their Dollar Commitments or Multicurrency Commitments, as applicable, (without giving effect to [Section 2.19(a)(iv)]), whereupon such Lender will cease to be a Defaulting Lender; provided that no adjustments will be made retroactively with respect to fees accrued or payments made by or on behalf of the Borrower while that Lender was a Defaulting Lender; and provided, further, that except to the extent otherwise expressly agreed by the affected parties, no change hereunder from Defaulting Lender to Non-Defaulting Lender will constitute a waiver or release of any claim of any party hereunder arising from that Lender’s having been a Defaulting Lender.

Defaulting Lender Cure. If the Borrower, the Administrative Agent, the Swingline LenderIssuing and the Issuing BankSwingline Lender agree in writing that a Lender is no longer a Defaulting Lender, the Administrative Agent will so notify the parties hereto, whereupon as of the effective date specified in such notice and subject to any conditions set forth therein (which may include arrangements with respect to any cash collateral)Cash Collateral), thatsuch Lender will, to the extent applicable, purchase at par that portion of outstanding Loans of the applicable Class or Classes of the other [[Consenting Lenders:Organization]] or take such other actions as the Administrative Agent may determine to be necessary to cause the Loans and funded and unfunded participations in Letters of Credit and Swingline Loans of each applicable Class to be held pro rata by the [[Consenting Lenders:Organization]] in accordance with the relative amounts of their Dollar Commitments or Multicurrency Commitments, as applicable,under the applicable Credit Facility (without giving effect to [Section 2.19(5.15(a)(iv)]), whereupon such Lender will cease to be a Defaulting Lender; provided that no adjustments will be made retroactively with respect to fees accrued or payments made by or on behalf of the Borrower while that Lender was a Defaulting Lender; and provided, further, that except to the extent otherwise expressly agreed by the affected parties, no change hereunder from Defaulting Lender to Non-Defaulting Lender will constitute a waiver or release of any claim of any party hereunder arising from that Lender’s having been a Defaulting Lender.

Defaulting Lender Cure. If the Borrower, the Administrative Agent, the Swingline Lender and the Issuing BankBanks agree in writing that a Lender is no longer a Defaulting Lender, the Administrative Agent will so notify the parties hereto, whereupon as of the effective date specified in such notice and subject to any conditions set forth therein (which may include arrangements with respect to any cash collateral)Cash Collateral), that Lender will, to the extent applicable, purchase at par that portion of outstanding Loans of the applicable Class or Classes of the other [[Consenting Lenders:Organization]]Lenders or take such other actions as the Administrative Agent may determine to be necessary to cause the Loans and funded and unfunded participations in Letters of Credit and Swingline Loans of each applicable Class to be held pro rata by the [[Consenting Lenders:Organization]]Lenders in accordance with the relative amounts of their Dollarapplicable Commitments or Multicurrency Commitments, as applicable, (without giving effect to [Section 2.19(a)26(b)(iv)]), whereupon such Lender will cease to be a Defaulting Lender; provided that no adjustments will be made retroactively with respect to fees accrued or payments made by or on behalf of the Borrower while that Lender was a Defaulting Lender; and provided, further, that except to the extent otherwise expressly agreed by the affected parties, no change hereunder from Defaulting Lender to Non-Defaulting Lender will constitute a waiver or release of any claim of any party hereunder arising from that Lender’s having been a Defaulting Lender.

Defaulting Lender Cure. If the Borrower, the Administrative Agent, the Swingline LenderIssuing Lenders and the Issuing BankSwingline Lender agree in writing that a Lender is no longer a Defaulting Lender, the Administrative Agent will so notify the parties hereto, whereupon as of the effective date specified in such notice and subject to any conditions set forth therein (which may include arrangements with respect to any cash collateral)Cash Collateral), thatsuch Lender will, to the extent applicable, purchase at par that portion of outstanding Revolving Credit Loans of the applicable Class or Classes of the other [[Consenting Lenders:Organization]]Lenders or take such other actions as the Administrative Agent may determine to be necessary to cause the Revolving Credit Loans and funded and unfunded participations in Letters of Credit and Swingline Loans of each applicable Class to be held pro rata by the [[Consenting Lenders:Organization]]Lenders in accordance with the relative amounts of their DollarRevolving Credit Commitments or Multicurrency Commitments, as applicable, (without giving effect to [Section 2.19(5.15(a)(iv)]), whereupon such Lender will cease to be a Defaulting Lender; provided that no adjustments will be made retroactively with respect to fees accrued or payments made by or on behalf of the Borrower while that Lender was a Defaulting Lender; and provided, further, that except to the extent otherwise expressly agreed by the affected parties, no change hereunder from Defaulting Lender to Non-Defaulting Lender will constitute a waiver or release of any claim of any party hereunder arising from that LenderLender's having been a Defaulting Lender.

Defaulting Lender Cure. If the Borrower, the Administrative Agent, the Swingline LenderIssuing Lenders and the Issuing BankSwingline Lender agree in writing that a Lender is no longer a Defaulting Lender, the Administrative Agent will so notify the parties hereto, whereupon as of the effective date specified in such notice and subject to any conditions set forth therein (which may include arrangements with respect to any cash collateral)Cash Collateral), thatsuch Lender will, to the extent applicable, purchase at par that portion of outstanding Revolving Credit Loans of the applicable Class or Classes of the other [[Consenting Lenders:Organization]]Lenders or take such other actions as the Administrative Agent may determine to be necessary to cause the Revolving Credit Loans and funded and unfunded participations in Letters of Credit and Swingline Loans of each applicable Class to be held pro rata by the [[Consenting Lenders:Organization]]Lenders in accordance with the relative amounts of their DollarRevolving Credit Commitments or Multicurrency Commitments, as applicable, (without giving effect to [Section 2.19(5.15(a)(iv)]), whereupon such Lender will cease to be a Defaulting Lender; provided that no adjustments will be made retroactively with respect to fees accrued or payments made by or on behalf of the Borrower while that Lender was a Defaulting Lender; and provided, further, that except to the extent otherwise expressly agreed by the affected parties, no change hereunder from Defaulting Lender to Non-Defaulting Lender will constitute a waiver or release of any claim of any party hereunder arising from that LenderLender’s having been a Defaulting Lender.

Defaulting Lender Cure. If the Borrower, the Administrative Agent, the Swingline Lender and the Issuing BankL/C Issuer agree in writing that a Lender is no longer a Defaulting Lender, the Administrative Agent will so notify the parties hereto, whereupon as of the effective date specified in such notice and subject to any conditions set forth therein (which may include arrangements with respect to any cash collateral)Cash Collateral), that Lender will, to the extent applicable, purchase at par that portion of outstanding Loans of the applicable Class or Classes of the other [[Consenting Lenders:Organization]]Lenders or take such other actions as the Administrative Agent may determine to be necessary to cause the Loans and funded and unfunded participations in Letters of Credit and Swingline Loans of each applicable Class to be held pro rata by the [[Consenting Lenders:Organization]]Lenders in accordance with the relative amounts of their DollarRevolving Commitments or Multicurrency Commitments, as applicable, (without giving effect to [SectionSection 2.19(15(a)(iv)]), whereupon such Lender will cease to be a Defaulting Lender; provided that no adjustments will be made retroactively with respect to fees accrued or payments made by or on behalf of the Borrower while that Lender was a Defaulting Lender; and provided, further, that except to the extent otherwise expressly agreed by the affected parties, no change hereunder from Defaulting Lender to Non-Defaulting Lender will constitute a waiver or release of any claim of any party hereunder arising from that Lender’s having been a Defaulting Lender.

Defaulting Lender Cure. If the Borrower, the Administrative Agent, the SwinglineSwing Line Lender and the Issuing BankL/C Issuer agree in writing that a Lender is no longer a Defaulting Lender, the Administrative Agent will so notify the parties hereto, whereupon as of the effective date specified in such notice and subject to any conditions set forth therein (which may include arrangements with respect to any cash collateral)Cash Collateral), that Lender will, to the extent applicable, purchase at par that portion of outstanding Loans of the applicable Class or Classes of the other [[Consenting Lenders:Organization]] or take such other actions as the Administrative Agent may determine to be necessary to cause the Loans and funded and unfunded participations in Letters of Credit and SwinglineSwing Line Loans of each applicable Class to be held on a pro rata basis by the [[Consenting Lenders:Organization]] in accordance with the relative amounts of their Dollar Commitments or Multicurrency Commitments, as applicable,Applicable Percentages (without giving effect to [Section 2.19(16(a)(iv)]), whereupon such Lender will cease to be a Defaulting Lender; provided thatprovided, that, no adjustments will be made retroactively with respect to fees accrued or payments made by or on behalf of the Borrower while that Lender was a Defaulting Lender; and provided, further, thatthat, except to the extent otherwise expressly agreed by the affected parties, no change hereunder from Defaulting Lender to Non-Defaulting Lender will constitute a waiver or release of any claim of any party hereunder arising from that Lender’sLender having been a Defaulting Lender.

Defaulting Lender Cure. If the Borrower, the Administrative Agent, the SwinglineSwing Line Lender and the Issuing Bankeach L/C Issuer agree in writing that a Lender is no longer a Defaulting Lender, the Administrative Agent will so notify the parties hereto, whereupon as of the effective date specified in such notice and subject to any conditions set forth therein (which may include arrangements with respect to any cash collateral)Cash Collateral), that Lender will, to the extent applicable, purchase at par that portion of outstanding Loans of the applicable Class or Classes of the other [[Consenting Lenders:Organization]]Lenders or take such other actions as the Administrative Agent may determine to be necessary to cause the Loans and funded and unfunded participations in Letters of Credit and SwinglineSwing Loans of each applicable Class to be held pro rata by the [[Consenting Lenders:Organization]]Lenders in accordance with the relative amounts of their Dollar Commitments or Multicurrency Commitments, as applicable,respective Percentages (without giving effect to [Section 2.19(14(a)(iv)]), whereupon such Lender will cease to be a Defaulting Lender; provided that no adjustments will be made retroactively with respect to fees accrued or payments made by or on behalf of the Borrower while that Lender was a Defaulting Lender; and provided, further, that except to the extent otherwise expressly agreed by the affected parties, no change hereunder from Defaulting Lender to Non-Defaulting Lender will constitute a waiver or release of any claim of any party hereunder arising from that Lender’s having been a Defaulting Lender.

Defaulting Lender Cure. If the Borrower,Borrowers, the Administrative Agent, the SwinglineSwing Line Lender and the Issuing BankL/C Issuers agree in writing that a Lender is no longer a Defaulting Lender, the Administrative Agent will so notify the parties hereto, whereupon as of the effective date specified in such notice and subject to any conditions set forth therein (which may include arrangements with respect to any cash collateral)Cash Collateral), that Lender will, to the extent applicable, purchase at par that portion of outstanding Loans of the applicable Class or Classes of the other [[Consenting Lenders:Organization]]Lenders or take such other actions as the Administrative Agent may determine to be necessary to cause the Revolving Credit Loans and funded and unfunded participations in Letters of Credit and SwinglineSwing Line Loans of each applicable Class to be held on a pro rata basis by the [[Consenting Lenders:Organization]]Lenders in accordance with the relative amounts of their Dollar Commitments or Multicurrency Commitments, as applicable,Applicable Percentages (without giving effect to [Section 2.19(16(a)(iv)]), whereupon suchthat Lender will cease to be a Defaulting Lender; provided that no adjustments will be made retroactively with respect to fees accrued or payments made by or on behalf of the BorrowerBorrowers while that Lender was a Defaulting Lender; and provided, further, that except to the extent otherwise expressly agreed by the affected parties, no change hereunder from Defaulting Lender to Non-Defaulting Lender will constitute a waiver or release of any claim of any party hereunder arising from that Lender’s having been a Defaulting Lender.

Defaulting Lender Cure. If the Borrower,Borrowers, the Administrative Agent, the Swingline Lender and the Issuing Bank agree in writing in their sole discretion that a Defaulting Lender isshould no longer be deemed to be a Defaulting Lender, the Administrative Agent will so notify the parties hereto, whereupon as of the effective date specified in such notice and subject to any conditions set forth therein (which may include arrangements with respect to any cash collateral), thatsuch Lender will, to the extent applicable, purchase at par that portion of outstanding Revolving Loans of the applicable Class or Classes of the other [[Consenting Lenders:Organization]]Lenders or take such other actions as the Administrative Agent may determine to be necessary to cause the Revolving Loans and funded and unfunded participations in Letters of Credit and Swingline Loans of each applicable Class to be held on a pro rata basis by the [[Consenting Lenders:Organization]]Lenders in accordance with the relative amounts of their Dollar Commitments or Multicurrency Commitments, as applicable,Revolving Facility Percentages (without giving effect to [SectionSection 2.19(a)23(1)(iv)]d)), whereupon such Lender will cease to be a Defaulting Lender; provided that no adjustments will be made retroactively with respect to fees accrued or payments made by or on behalf of the BorrowerBorrowers while thatsuch Lender was a Defaulting Lender; and provided, further, thatthat, except to the extent otherwise expressly agreed by the affected parties, no change hereunder from Defaulting Lender to Non-Defaulting Lender will constitute a waiver or release of any claim of any party hereunder arising from that Lendersuch Lender’s having been a Defaulting Lender.

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