Cure. If the Borrower determines that a Lender that is a Defaulting Lender should no longer be deemed to be a Defaulting Lender, the Borrower 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 amounts then held in the segregated account referred to in [Section 2.15(a)]), such Lender will, to the extent applicable, purchase such portion of outstanding Loans of the other and/or make such other adjustments as the Administrative Agent may determine to be necessary to cause the total Term Commitments pursuant to Section 2.01 of the Term to be on a pro rata basis in accordance with their respective Term Commitments, whereupon such Term Lender will cease to be a Defaulting Lender and will be a Non-Defaulting Lender (and such Term Commitments and Term Loans of each Term Lender will automatically be adjusted on a prospective basis to reflect the foregoing); provided that no adjustments will be made retroactively with respect to fees accrued or payments made by or on behalf of the Borrower while such Lender was a Defaulting Lender; 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 such Lender’s having been a Defaulting Lender.
Defaulting Lender Cure. If the Borrower determinesand the Administrative Agent agree in writing that a Lender that is a Defaulting Lender should no longer be deemed to be a Defaulting Lender, the BorrowerAdministrative 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 amounts then held in the segregated account referred to in [Section 2.15(a)]), suchtherein, that Lender will, to the extent applicable, purchase suchat par that portion of outstanding Term Loans of the other [[Lenders:Organization A:Organization]] and/or maketake such other adjustmentsactions as the Administrative Agent may determine to be necessary to cause the total Term Commitments pursuant to Section 2.01 of the Term Loans to be on aheld pro rata basisby the [[Organization A:Organization]] in accordance with their respectivethe Term Commitments,Loan Commitments under the Term Loan Facility, whereupon such Term Lender will cease to be a Defaulting Lender and will be a Non-Defaulting Lender (and such Term Commitments and Term Loans of each Term Lender will automatically be adjusted on a prospective basis to reflect the foregoing);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 suchthat 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 such Lender’that Lenders having been a Defaulting Lender.
Defaulting Lender Cure. If the Borrower determinesBorrower, the Administrative Agent and Issuing Bank agree in writing that a Lender that is a Defaulting Lender should no longer be deemed to be a Defaulting Lender, the BorrowerAdministrative 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 amounts then held in the segregated account referred to in [Section 2.15(a)])Cash Collateral), suchthat Lender will, to the extent applicable, purchase suchat par that portion of outstanding Loans of the other and/Lenders or maketake such other adjustmentsactions as the Administrative Agent may determine to be necessary to cause the total Term Commitments pursuant to Section 2.01Loans and funded and unfunded participations in Letters of the Term Credit to be on aheld pro rata basisby the Lenders in accordance with their respective Term Commitments,the applicable Commitments (without giving effect to [Section 2.24(b)(iv)]), whereupon such Term Lender will cease to be a Defaulting Lender and will be a Non-Defaulting Lender (and such Term Commitments and Term Loans of each Term Lender will automatically be adjusted on a prospective basis to reflect the foregoing);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 suchthat 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 such Lender’that Lenders having been a Defaulting Lender.
Defaulting Lender Cure. If the Borrower determinesBorrower, the Administrative Agent and the Issuing Bank agree in writing that a Lender that is a Defaulting Lender should no longer be deemed to be a Defaulting Lender, the BorrowerAdministrative 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 amounts then held in the segregated account referred to in [Section 2.15(a)])Cash Collateral), such Lender will, to the extent applicable, purchase suchat par that portion of outstanding Loans of the other [[Lenders:Organization B:Organization]] and/or maketake such other adjustmentsactions as the Administrative Agent may determine to be necessary to cause the total Term Commitments pursuant to Section 2.01Loans and funded and unfunded participations in Letters of the Term Credit to be on a pro rata basisheld by the [[Organization B:Organization]] in accordance with their respective Term Commitments,Pro Rata Percentages of the Revolving Commitments without giving effect to [Section 2.18(a)(iv)], whereupon such Term Lender will cease to be a Defaulting Lender and will be a Non-Defaulting Lender (and such Term Commitments and Term Loans of each Term Lender will automatically be adjusted on a prospective basis to reflect the foregoing); provided thatLender; provided, no adjustments will be made retroactively with respect to fees accrued or payments made by or on behalf of the Borrower while such 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 such Lender’s having been a Defaulting Lender.
Defaulting Lender Cure. If the Borrower determinesBorrowers, the Administrative Agent and each L/C Issuer agree in writing that a Lender that is a Defaulting Lender should no longer be deemed to be a Defaulting Lender, the BorrowerAdministrative 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 amounts then held in the segregated account referred to in [Section 2.15(a)])cash collateral), suchthat Lender will, to the extent applicable, purchase suchat par that portion of outstanding Loans of the other and/or maketake such other adjustmentsactions as the Administrative Agent may determine to be necessary to cause the total Term Commitments pursuantLoans and funded and unfunded participations in Letters of Credit to Section 2.01 of the Termbe held pro rata by to be on a pro rata basis in accordance with their respective Term Commitments,the Commitments under the applicable Facility (without giving effect to [Section 2.15(a)(v)]), whereupon such Term Lender will cease to be a Defaulting Lender and will be a Non-Defaulting Lender (and such Term Commitments and Term Loans of each Term Lender will automatically be adjusted on a prospective basis to reflect the foregoing);Lender; provided that no adjustments will be made retroactively with respect to fees accrued or payments made by or on behalf of theany Borrower while suchthat Lender was a Defaulting Lender; 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 suchthat Lender’s having been a Defaulting Lender.
Defaulting Lender Cure. If the Borrower determinesand the Agent agree in writing in their sole discretion that a Lender that is a Defaulting Lender should no longer be deemed to be a Defaulting Lender, the BorrowerAgent 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 amounts then held in the segregated account referred to in [Section 2.15(a)])Cash Collateral), suchthat Lender will, to the extent applicable, purchase suchthat portion of outstanding Loans of the other and/Lenders or maketake such other adjustmentsactions as the Administrative Agent may determine to be necessary to cause the total Term Commitments pursuantLoans to Section 2.01 of the Term to be held on a pro rata basis by the Lenders in accordance with their respective Term Commitments,Commitment Percentages (without giving effect to §14.16(a)(iv)), whereupon such Termthat Lender will cease to be a Defaulting Lender and will be a Non-Defaulting Lender (and such Term Commitments and Term Loans of each Term Lender will automatically be adjusted on a prospective basis to reflect the foregoing);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 suchthat 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 suchthat Lender’s having been a Defaulting Lender.
Defaulting Lender Cure. If the Borrower determinesBorrowers, the Administrative Agent and each L/C Issuer agree in writing that a Lender that is a Defaulting Lender should no longer be deemed to be a Defaulting Lender, the BorrowerAdministrative 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 amounts then held in the segregated account referred to in [Section 2.15(a)])Cash Collateral), that such Lender will, to the extent applicable, purchase suchat par that portion of outstanding Loans of the other and/Lenders or maketake such other adjustmentsactions as the Administrative Agent may determine to be necessary to cause the total TermLoans and funded and unfunded participations in Letters of Credit to be held pro rata by the Lenders in accordance with the Revolving Commitments pursuant(without giving effect to Section 2.01 of the Term to be on a pro rata basis in accordance with their respective Term Commitments,8(a)(iv)), whereupon such Term Lender will cease to be a Defaulting Lender and will be a Non-Defaulting Lender (and such Term Commitments and Term Loans of each Term Lender will automatically be adjusted on a prospective basis to reflect the foregoing);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 suchthat 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 such Lender’that Lender's having been a Defaulting Lender.
Defaulting Lender Cure. If the Borrower determines that aBorrower, the Administrative Agent, and, with respect to any Defaulting Lender that is a DefaultingRevolving Credit Lender shouldand the L/C Issuers, agree in writing that a Lender shall no longer be deemed to be a Defaulting Lender, the BorrowerAdministrative 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 amounts then held in the segregated account referred to in [Section 2.15(a)])Cash Collateral), suchthat Lender will, to the extent applicable, purchase suchat par that portion of outstanding Loans of the other [[Lenders:Loan Parties:Organization]] and/or maketake such other adjustmentsactions as the Administrative Agent may determine to be necessary to cause the total Term Commitments pursuantCommitted Loans and funded and unfunded participations in Letters of Credit to Section 2.01 of the Term to be held on a pro rata basis by the [[Loan Parties:Organization]] in accordance with their respective Term Commitments,Applicable Percentages (without giving effect to [Section 2.17(a)(iv)]), whereupon such Term Lender will cease to be a Defaulting Lender and will be a Non-Defaulting Lender (and such Term Commitments and Term Loans of each Term Lender will automatically be adjusted on a prospective basis to reflect the foregoing);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 suchthat 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 suchthat Lender’s having been a Defaulting Lender.
Defaulting Lender Cure. If the Borrower determinesand the Administrative Agent agree in writing that a Lender that is a Defaulting Lender should no longer be deemed to be a Defaulting Lender, the BorrowerAdministrative 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 amounts then held in the segregated account referred to in [Section 2.15(a)]), suchtherein, that Lender will, to the extent applicable, purchase suchat par that portion of outstanding Loans of the other and/Lenders or maketake such other adjustmentsactions as the Administrative Agent may determine to be necessary to cause the total Term Commitments pursuantLoans to Section 2.01 of the Term to be held on a pro rata basis by the Lenders in accordance with their respective Term Commitments,Pro Rata Shares with respect to the Facility, whereupon such Term Lender will cease to be a Defaulting Lender and will be a Non-Defaulting Lender (and such Term Commitments and Term Loans of each Term Lender will automatically be adjusted on a prospective basis to reflect the foregoing);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 suchthat 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 suchthat Lender’s having been a Defaulting Lender.
Defaulting Lender Cure. If the Borrower determinesCompany and the Administrative Agent agree in writing in their sole discretion that a Lender that is a Defaulting Lender should no longer be deemed to be a Defaulting Lender, the BorrowerAdministrative 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 amounts then held in the segregated account referred to in [Section 2.15(a)]), suchtherein, that Lender will, to the extent applicable, purchase suchthat portion of outstanding Loans of the other and/Lenders or maketake such other adjustmentsactions as the Administrative Agent may determine to be necessary to cause the total Term Commitments pursuantLoans to Section 2.01 of the Term to be held on a pro rata basis by the Lenders in accordance with their respective Term Commitments,applicable Percentages, whereupon such Termthat Lender will cease to be a Defaulting Lender and will be a Non-Defaulting Lender (and such Term Commitments and Term Loans of each Term Lender will automatically be adjusted on a prospective basis to reflect the foregoing);Lender; provided that no adjustments will be made retroactively with respect to fees accrued or payments made by or on behalf of the BorrowerCompany while suchthat 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 suchthat Lender’s having been a Defaulting Lender.
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