Common use of Non-Funding Lenders Clause in Contracts

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “Other Lender”) of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “Lender” or a “Revolving Lender” (or be included in the calculation of “Requisite Lenders” or “Requisite Revolving Lenders” hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 4 contracts

Samples: Credit Agreement (TNS Inc), Credit Agreement (Accuro Healthcare Solutions, Inc.), Credit Agreement (TNS Inc)

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Non-Funding Lenders. The failure of any Lender (such Lender, a "Non-Funding Lender Lender") to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make such a Revolving Credit Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advancea Revolving Credit Advance to be made by such Non-Funding Lender, fund and no Other Lender shall have any obligation to Agent or any Other Lender for the purchase of a participation or make any other payment required hereunderfailure by such Non-Funding Lender. Notwithstanding anything set forth herein to the contrarycontrary so long as any Lender continues to be a Non-Funding Lender, a such Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a "Lender” or a “Revolving Lender” " (or be included in the calculation of "Requisite Lenders” or “Requisite Revolving Lenders” " hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 3 contracts

Samples: Credit Agreement (Wilsons the Leather Experts Inc), Assignment Agreement (Wilsons the Leather Experts Inc), Credit Agreement (Wilsons the Leather Experts Inc)

Non-Funding Lenders. (i) The failure of any US Non-Funding Lender to make any US Tranche A Revolving Credit Advance, US Tranche A1 Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded by it hereunder on the date specified therefor shall not relieve any other US Lender (each such other Revolving US Lender, an “Other US Lender”) of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other US Lender nor US Agent shall be responsible for the failure of any US Non-Funding Lender to make an Advance, fund the purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a US Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “Lender”, “US Lender”, “US Tranche A Lender”, “US Tranche A1 Lender” or a “Revolving Lender” (or be included in the calculation of “Requisite Lenders” or “Requisite Revolving Supermajority Lenders” hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 3 contracts

Samples: Credit Agreement (Exopack Holding Corp), Credit Agreement (Exopack Holding Corp), Credit Agreement (Exopack Holding Corp)

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “Other Lender”"OTHER LENDER") of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a "Lender" or a "Revolving Lender" (or be included in the calculation of "Requisite Lenders” or “", "Requisite Revolving Lenders" or "Supermajority Revolving Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 3 contracts

Samples: Credit Agreement (RadNet, Inc.), Credit Agreement (Primedex Health Systems Inc), Credit Agreement (Primedex Health Systems Inc)

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the or to purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a "Lender" or a "Revolving Lender" (or be included in the calculation of "Requisite Lenders” or “," "Requisite Revolving Lenders," or "Supermajority Revolving Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 2 contracts

Samples: Credit Agreement (Western Digital Corp), Credit Agreement (Western Digital Corp)

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “Other Lender”) of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “Lender” or a “Revolving Lender” (or be included in the calculation of “Requisite Lenders” or “Requisite Revolving Lenders” hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 2 contracts

Samples: Credit Agreement (Playtex Products Inc), Credit Agreement (Playtex Products Inc)

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, hereunder or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Revolving Lender (each such other Revolving Lender, an “Other Lender”"OTHER LENDER") of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the Advance or to purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a "Lender" or a "Revolving Lender" (or be included in the calculation of "Requisite Lenders" or "Requisite Revolving Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 2 contracts

Samples: Credit Agreement (Morton Industrial Group Inc), Assignment Agreement (Morton Industrial Group Inc)

Non-Funding Lenders. The failure of any Revolving Lender (such Revolving Lender, a "Non-Funding Lender Lender") to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Revolving Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an AdvanceAdvance to be made, fund the or to purchase of a participation or make any other payment required hereunderto be purchased, by such Non-Funding Lender. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a "Lender" or a "Revolving Lender" (or be included in the calculation of "Requisite Lenders" or "Requisite Revolving Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 2 contracts

Samples: Credit Agreement (Green Mountain Coffee Roasters Inc), Credit Agreement (Green Mountain Coffee Inc)

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a "Lender" or a "Revolving Lender" (or be included in the calculation of "Requisite Lenders” or “", "Requisite Revolving Lenders" or "Supermajority Revolving Lenders" hereunder) for any voting or consent rights under or with respect to any Loan DocumentDocument unless such vote or consent requires the approval of all Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Atlantis Plastics Inc), Credit Agreement (Atlantis Plastics Inc)

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan or Participating Interest to be made or funded purchased by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “Other Lender”) of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the purchase of a participation or Participating Interest or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “Lender” or a “Revolving Lender” (or be included in the calculation of “Requisite Lenders” or “Requisite Revolving Supermajority Lenders” hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 2 contracts

Samples: Credit Agreement (Uap Holding Corp), Credit Agreement (Uap Holding Corp)

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Revolving Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the Advance or to purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a "Lender" or a "Revolving Lender" (or be included in the calculation of "Requisite Lenders” or “", "Requisite Revolving Lenders" or "Supermajority Revolving Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 2 contracts

Samples: Credit Agreement (Zomax Optical Media Inc), Credit Agreement (Zomax Optical Media Inc)

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance Loan or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “Other Lender”) of its obligations to make such Advance loan or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advancea loan, fund the purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “Lender” or a “Revolving Lender” (or be included in the calculation of “Requisite Lenders” or “Requisite Revolving Required Lenders” hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 2 contracts

Samples: Credit Agreement (Banctec Inc), Credit Agreement (Banctec Inc)

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance Loan or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “Other Lender”) of its obligations to make such Advance loan or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advancea loan, fund the purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “Lender” or a “Revolving Lender” (or be included in the calculation of “Requisite Lenders” or “Requisite Revolving Required Lenders” hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 2 contracts

Samples: Credit Agreement (Cryolife Inc), Credit Agreement (Cryolife Inc)

Non-Funding Lenders. The failure of any Lender (such Lender, a “Non-Funding Lender Lender”) to make any Revolving Credit Advance or any payment required by it hereunderAdvance, or to fund any purchase of any participation in any the Swing Line Loan to be made or funded purchased by it on the date specified therefor or to incur or purchase any participation in Letter of Credit Obligations shall not relieve any other Lender (each such other Revolving Lender, an “Other Lender”) of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor the Agent shall be responsible for the failure of any Non-Funding Lender to make an Advancea Revolving Credit Advance to be made, fund the or to purchase of a participation to be purchased, by such Non-Funding Lender, and no Non-Funding Lender shall have any obligation to the Agent or make any other payment required hereunderOther Lender for the failure by such Non-Funding Lender. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “Lender” or a “Revolving Lender” (or be included in the calculation of “Requisite Lenders” or “Requisite Revolving Lenders” hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 2 contracts

Samples: Credit Agreement (Synnex Corp), Credit Agreement (Synnex Corp)

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance Loan or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make such Advance loan or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advancea loan, fund the purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a "Lender" or a “Revolving "Lender" (or be included in the calculation of “Requisite "Required Lenders” or “Requisite Revolving Lenders” " hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Banctec Inc)

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan or Participating Interest to be made or funded purchased by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the purchase of a participation or Participating Interest or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a "Lender” or a “Revolving Lender” " (or be included in the calculation of "Requisite Lenders" or “Requisite Revolving "Supermajority Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Platte Chemical Co)

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance Loan or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “Other Lender”) of its obligations to make such Advance loan or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advancea loan, fund the purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “Lender” or a “Revolving Lender” (or be included in the calculation of “Requisite Lenders” or “Requisite Revolving Required Lenders” hereunder) for any voting or consent rights under or with respect to any Loan Document, and Non-Funding Lender shall not be entitled to receive any Unused Commitment Fee.

Appears in 1 contract

Samples: Credit Agreement (Akorn Inc)

Non-Funding Lenders. The failure of any Lender with a Revolving Credit Loan Commitment or Term Loan C Commitment (such Lender, a "Non-Funding Lender Lender") to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Term Loan C advance to be made or funded by it on the date specified therefor shall not relieve any other applicable Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make such its Revolving Credit Advance or fund the purchase of any such participation Term Loan C advance on such date, but neither any Other Lender nor Administrative Agent shall be responsible for the failure of any Non-Funding Lender to make an Advancea Revolving Credit Advance or Term Loan C advance to be made by such Non-Funding Lender, fund and no Non-Funding Lender shall have any obligation to Administrative Agent or any Other Lender for the purchase of a participation or make any other payment required hereunderfailure by such Non-Funding Lender. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a "Lender” or a “Revolving Lender” " (or be included in the calculation of "Requisite Lenders” or “Requisite Revolving Lenders” " hereunder) for any voting or consent rights under under, or with respect to to, any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (National Oilwell Inc)

Non-Funding Lenders. The failure of any Lender (such Lender, a "Non-Funding Lender Lender") to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make such Advance or fund the purchase of any such participation on such dateAdvance, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an AdvanceAdvance to be made by such Non-Funding Lender, fund and no Non-Funding Lender shall have any obligation to Agent or any Other Lender for the purchase of a participation or make any other payment required hereunderfailure by such Non-Funding Lender. Notwithstanding anything set forth herein to the contrary, a Non-Non- Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a "Lender" or a “Revolving "Lender" (or be included in the calculation of "Requisite Lenders” or “Requisite Revolving Lenders” " hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (American Physician Partners Inc)

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Revolving Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor any Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the Advance or to purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a "Lender" or a "Revolving Lender" (or be included in the calculation of "Requisite Lenders" or "Requisite Revolving Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Playcore Inc)

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or Pro Rata Share of the Delayed Draw Term Loan or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded by it hereunder on the date specified therefor shall not relieve any other Revolving Lender or Term Lender (each such other Revolving Lender or Term Lender, an “Other Lender”) of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, Advance or fund the Delayed Draw Term Loan, purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “Lender,or a “Revolving Lender” (or be included in the calculation of “Requisite Lenders” or “Requisite Revolving Lenders” hereunder) for any voting or consent rights under or with respect to any Loan Document.Lender”

Appears in 1 contract

Samples: Credit Agreement (Odyssey Healthcare Inc)

Non-Funding Lenders. The failure of any Non-Non Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a "Lender" or a "Revolving Lender" (or be included in the calculation of "Requisite Lenders" or “Requisite "Supermajority Revolving Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (RathGibson Inc)

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance Loan or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “Other Lender”) of its obligations to make such Advance loan or fund the purchase of any such participation on such date, but neither any Other Lender nor the Agent shall be responsible for the failure of any Non-Funding Lender to make an Advancea loan, fund the purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “Lender” or a “Revolving Lender” (or be included in the calculation of “Requisite Lenders” or “Requisite Revolving Majority Lenders” hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (International Textile Group Inc)

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Revolving Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the Advance or to purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a "Lender" or a "Revolving Lender" (or be included in the calculation of "Requisite Lenders" or “Requisite "Supermajority Revolving Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (United Shipping & Technology Inc)

Non-Funding Lenders. The failure of any Revolving Lender (such Revolving Lender, a "Non-Funding Lender Lender") to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Revolving Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Administrative Agent shall be responsible for the failure of any Non-Funding Lender to make an AdvanceAdvance to be made, fund the or to purchase of a participation or make any other payment required hereunderto be purchased, by such Non-Funding Lender. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a "Lender" or a "Revolving Lender" (or be included in the calculation of "Requisite Lenders" or "Requisite Revolving Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Presstek Inc /De/)

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Revolving Lender (each such other Revolving Lender, an “Other Lender”"OTHER LENDER") of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the Advance or to purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a "Lender" or a "Revolving Lender" (or be included in the calculation of "Requisite Lenders” or “", "Requisite Revolving Lenders" or "Supermajority Revolving Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Kaynar Technologies Inc)

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, hereunder or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the Advance or to purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a "Lender" or a “Revolving "Floor Plan Lender" (or be included in the calculation of "Requisite Lenders", "Requisite Floor Plan Lenders" or “Requisite Revolving "Supermajority Floor Plan Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Hometown Auto Retailers Inc)

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “Other Lender”) of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “Lender” or a “Revolving Lender” (or have the amounts owing to it be included in the calculation of “Requisite Lenders” or “Requisite Supermajority Revolving Lenders” hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Southern Construction Products Inc)

Non-Funding Lenders. The failure of any Lender (such Lender, a "Non-Funding Lender Lender") to ------------------ make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an "Other ----- Lender") of its obligations to make such a Revolving Credit Advance or fund the purchase of any such participation on such date, but ------ neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advancea Revolving Credit Advance to be made by such Non- Funding Lender, fund and no Other Lender shall have any obligation to Agent or any Other Lender for the purchase of a participation or make any other payment required hereunderfailure by such Non-Funding Lender. Notwithstanding anything set forth herein to the contrarycontrary so long as any Lender continues to be a Non-Funding Lender, a such Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a "Lender” or a “Revolving Lender” " (or be included in the calculation of "Requisite Lenders” or “Requisite Revolving Lenders” " hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Wilsons the Leather Experts Inc)

Non-Funding Lenders. The failure of any Non-Funding Lender to make ------------------- any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Revolving Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the Advance or to purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a "Lender" or a "Revolving Lender" (or be included in the calculation of "Requisite Lenders" or “Requisite "Supermajority Revolving Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Callaway Golf Co /Ca)

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “Other Lender”) of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “Lender” or a “Revolving Lender” (or be included in the calculation of “Requisite Lenders” or “Requisite Revolving Lenders” hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Golfsmith International Holdings Inc)

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, hereunder or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Revolving Lender (each such other Revolving Lender, an “Other Lender”"OTHER LENDER") of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the Advance or to purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a "Lender" or a "Revolving Lender" (or be included in the calculation of "Requisite Lenders” or “", "Requisite Revolving Lenders" or "Supermajority Revolving Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Morton Industrial Group Inc)

Non-Funding Lenders. The failure of any Non-Funding Lender (such Lender, a "NON- FUNDING LENDER") to make its Pro Rata Share of any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “Other Lender”"OTHER LENDER") of its obligations obligation to make its Pro Rata Share of such Advance or fund the purchase of any such participation on such dateRevolving Credit Advance, but neither any Other Lender nor the Administrative Agent shall be responsible for the failure of any Non-Funding Lender to make an Advanceits Pro Rata Share of any Revolving Credit Advance to be made on any funding date, fund and no Non-Funding Lender shall have any obligation to the purchase of a participation Administrative Agent or make any other payment required hereunderOther Lender for the failure by such Non-Funding Lender. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a "Lender” or a “Revolving Lender” " (or be included in the calculation of “Requisite "Required Lenders” or “Requisite Revolving Lenders” " hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Ramsay Health Care Inc)

Non-Funding Lenders. The failure of any Lender (such Lender, a "Non-Funding Lender Lender") to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Administrative Agent shall be responsible for the failure of any Non-Funding Lender to make an AdvanceAdvance to be made, fund the or to purchase of a participation to be purchased, by such Non-Funding Lender, and no Non-Funding Lender shall have any obligation to Administrative Agent or make any other payment required hereunderOther Lender for the failure by such Non-Funding Lender. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a "Lender” or a “Revolving Lender” " (or be included in the calculation of "Requisite Lenders” or “Requisite Revolving Lenders” " hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Bon Ton Stores Inc)

Non-Funding Lenders. The failure of any Revolving Lender (such Revolving Lender, a "Non-Funding Lender Lender") to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Revolving Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make such Revolving Credit Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an AdvanceAdvance to be made, fund the or to purchase of a participation to be purchased, by such Non-Funding Lender, and no Non-Funding Lender shall have any obligation to Agent or make any other payment required hereunderOther Lender for the failure by such Non-Funding Lender. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a "Lender" or a "Revolving Lender" (or be included in the calculation of “Requisite Lenders” or “"Requisite Revolving Lenders" or "Supermajority Revolving Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Itron Inc /Wa/)

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving ------------------- Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor (such Lender, a "Non- --- Funding Lender") shall not relieve any other Lender (each such other Revolving Lender, an -------------- "Other Lender") of its obligations to make such Advance or fund the purchase of any such ------------ participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an AdvanceAdvance to be made, fund the or to purchase of a participation or make any other payment required hereunderto be purchased, by such Non-Funding Lender. Notwithstanding anything set forth herein to the contrary, a Non-Non- Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a "Lender” or a “Revolving Lender” " (or be included in the calculation of "Requisite Lenders” or “Requisite Revolving Lenders” " hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Assignment Agreement (Montgomery Ward Holding Corp)

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a "Lender" or a "Revolving Lender" (or be included in the calculation of "Requisite Lenders" or "Requisite Revolving Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (TNS Inc)

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Non-Funding Lenders. The failure of any NonRevolving Lender (such Revolving Lender, a "NON-Funding Lender FUNDING LENDER") to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Revolving Lender (each such other Revolving Lender, an “Other Lender”"OTHER LENDER") of its obligations to make such Revolving Credit Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an AdvanceAdvance to be made, fund the or to purchase of a participation to be purchased, by such Non- Funding Lender, and no Non-Funding Lender shall have any obligation to Agent or make any other payment required hereunderOther Lender for the failure by such Non-Funding Lender. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a "Lender" or a "Revolving Lender" (or be included in the calculation of “Requisite Lenders” or “"Requisite Revolving Lenders" or "Supermajority Revolving Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Track N Trail Inc)

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or Term Loan or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Revolving Lender or Term Lender (each such other Revolving Lender or Term Lender, an "Other Lender") of its obligations to make such Advance or fund the Term Loan or purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the Advance or Term Loan or to purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a "Lender" or a "Revolving Lender" or "Term Lender" (or be included in the calculation of "Requisite Lenders" or "Requisite Revolving Lenders" or "Requisite Term Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Scott Technologies Inc)

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan or Letter of Credit Obligation to be made or funded purchased by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “Other Lender”) of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “Lender” or a “Revolving Lender” (or be included in the calculation of “Requisite Lenders” or “Requisite Supermajority Revolving Lenders” hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Penhall International Corp)

Non-Funding Lenders. The failure of any NonLender (such Lender, a "NON-Funding Lender FUNDING LENDER") to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “Other Lender”"OTHER LENDER") of its obligations to make such a Revolving Credit Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advancea Revolving Credit Advance to be made by such Non-Funding Lender, fund and no Other Lender shall have any obligation to Agent or any Other Lender for the purchase of a participation or make any other payment required hereunderfailure by such Non-Funding Lender. Notwithstanding anything set forth herein to the contrarycontrary so long as any Lender continues to be a Non-Funding Lender, a such Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a "Lender” or a “Revolving Lender” " (or be included in the calculation of "Requisite Lenders” or “Requisite Revolving Lenders” " hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Wilsons the Leather Experts Inc)

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Revolving Lender (each such other Revolving Lender, an “Other Lender”"OTHER LENDER") of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent nor Co-Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the Advance or to purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a "Lender" or a "Revolving Lender" (or be included in the calculation of "Requisite Lenders” or “, " "Requisite Revolving Lenders" or "Supermajority Revolving Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Kaynar Technologies Inc)

Non-Funding Lenders. The failure of any Lender (such Lender, a "Non-Funding Lender Lender") to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make such Revolving Credit Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advancea Revolving Credit Advance to be made, fund the or to purchase of a participation to be purchased, by such Non-Funding Lender, and no Non-Funding Lender shall have any obligation to Agent or make any other payment required hereunderOther Lender for the failure by such Non-Funding Lender. Notwithstanding anything set forth herein to the contrary, a Non-Non- Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a "Lender” or a “Revolving Lender” " (or be included in the calculation of "Requisite Lenders” or “Requisite Revolving Lenders” " hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Liposome Co Inc)

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance, any Alternative Currency Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “Other Lender”) of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “Lender” or a “Revolving Lender” or a “Supermajority Lender” (or be included in the calculation of “Requisite Lenders” or “Requisite Revolving Supermajority Lenders” hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Vertis Inc)

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance Loan or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “Other Lender”) of its obligations to make such Advance loan or fund the purchase of any such participation on such date, but neither any Other Lender nor the Agent shall be responsible for the failure of any Non-Funding Lender to make an Advancea loan, fund the purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “Lender” or a “Revolving Lender” (or be included in the calculation of “Requisite Lenders” or “Requisite Revolving Required Lenders” hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (International Textile Group Inc)

Non-Funding Lenders. The failure of any Revolving Lender (such Revolving Lender, a "Non-Funding Lender Lender") to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Revolving Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an AdvanceAdvance to be made, fund the or to purchase of a participation or make any other payment required hereunderto be purchased, by such Non-Funding Lender. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a "Lender" or a "Revolving Lender" (or be included in the calculation of "Requisite Lenders” or “", "Requisite Revolving Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Wpi Group Inc)

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Revolving Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the or to purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a "Lender" or a "Revolving Lender" (or be included in the calculation of “Requisite Lenders” or “"Requisite Revolving Lenders" or "Supermajority Revolving Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Styling Technology Corp)

Non-Funding Lenders. The failure of any Lender (such Lender, a "Non-Funding Lender Lender") to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor any Agent shall be responsible for the failure of any Non-Funding Lender to make an AdvanceAdvance to be made, fund the or to purchase of a participation to be purchased, by such Non-Funding Lender, and no Non-Funding Lender shall have any obligation to any Agent or make any other payment required hereunderOther Lender for the failure by such Non-Funding Lender. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a "Lender” or a “Revolving Lender” " (or be included in the calculation of "Requisite Lenders” or “Requisite Revolving Lenders” " hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Bon Ton Stores Inc)

Non-Funding Lenders. The failure of any Non-Non Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make such Advance Advance, make any other payment or fund the purchase of any such participation on such date, but neither any Other Lender nor any Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the make any other payment or purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a "Lender" a "US Lender", a "European Lender", a US Revolving Lender", a "European Revolving Lender", a "US Term Lender" or a “Revolving "European Term A Lender" (or be included in the calculation of "Requisite Lenders” or “Requisite Revolving Lenders” " hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Twi Holdings Inc)

Non-Funding Lenders. The failure of any Non-Funding Lender to ------------------- make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Revolving Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make such Advance or fund the ------------ purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the Advance or to purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a "Lender" or a "Revolving Lender" (or be included in the calculation of "Requisite Lenders" or “Requisite "Supermajority Revolving Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Callaway Golf Co /Ca)

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “Other Lender”) of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “Lender” or a “Revolving Lender” or a “Supermajority Lender” (or be included in the calculation of “Requisite Lenders” or “Requisite Revolving Supermajority Lenders” hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Possession Credit Agreement (Vertis Inc)

Non-Funding Lenders. The failure of any Lender (such Lender, a "Non-Funding Lender Lender") to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make such a Revolving Credit Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advancea Revolving Credit Advance to be made by such Non- Funding Lender, fund and no Other Lender shall have any obligation to Agent or any Other Lender for the purchase of a participation or make any other payment required hereunderfailure by such Non-Funding Lender. Notwithstanding anything set forth herein to the contrarycontrary so long as any Lender continues to be a Non-Funding Lender, a such Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a "Lender” or a “Revolving Lender” " (or be included in the calculation of "Requisite Lenders” or “Requisite Revolving Lenders” " hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Wilsons the Leather Experts Inc)

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan or Participating Interest to be made or funded purchased by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “Other Lender”) of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the purchase of a participation or Participating Interest or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “Lender” or a “Revolving Lender” (or be included in the calculation of “Requisite Lenders”, “Requisite Revolving Lenders” or “Requisite Supermajority Revolving Lenders” hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Uap Holding Corp)

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, hereunder or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Revolving Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the Advance or to purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a "Lender" or a "Revolving Lender" (or be included in the calculation of "Requisite Lenders” or “", "Requisite Revolving Lenders" or "Supermajority Revolving Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Verdant Brands Inc)

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Revolving Lender (each such other Revolving Lender, an “Other Lender”"OTHER LENDER") of its obligations to make such Revolving Credit Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the a Revolving Credit Advance or to purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “Lender” "LENDER" or a “Revolving Lender” "REVOLVING LENDER" (or be included in the calculation of “Requisite Lenders” "REQUISITE LENDERS", or “Requisite Revolving Lenders” "SUPERMAJORITY REVOLVING LENDERS" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Hockey Co)

Non-Funding Lenders. The failure of any NonRevolving Lender (such Revolving Lender, a "NON-Funding Lender FUNDING LENDER") to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Revolving Lender (each such other Revolving Lender, an “Other Lender”"OTHER LENDER") of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the Advance or to purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a "Lender" or a "Revolving Lender" (or be included in the calculation of "Requisite Lenders” or “", "Requisite Revolving Lenders" or "Supermajority Revolving Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document. In addition, Agent at its discretion, may cause a Non-Funding to be removed as if it were a Non-Consenting Lender in accordance with Section 11.2(d).

Appears in 1 contract

Samples: Credit Agreement (Recycling Industries Inc)

Non-Funding Lenders. The failure of any Revolving Lender (such Revolving Lender, a "Non-Funding Lender Lender") to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded by it on the date specified therefor shall not relieve any other Revolving Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an AdvanceAdvance to be made by such Non-Funding Lender, fund and no Non-Funding Lender shall have any obligation to Agent or any Other Lender for the purchase of a participation or make any other payment required hereunderfailure by such Non-Funding Lender. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a "Lender" or a "Revolving Lender" (or be included in the calculation of "Requisite Lenders” or “Requisite Revolving Lenders” " hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Renaissance Cosmetics Inc /De/)

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance Loan or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an “Other Lender”) of its obligations to make such Advance loan or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advancea loan, fund the purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “Lender” or a “Revolving Lender” (or be included in the calculation of “Requisite Lenders” or “Requisite Revolving Required Lenders” hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Surmodics Inc)

Non-Funding Lenders. The failure of any Revolving Lender (such Revolving Lender, a “Non-Funding Lender Lender”) to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Revolving Lender (each such other Revolving Lender, an “Other Lender”) of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Administrative Agent shall be responsible for the failure of any Non-Funding Lender to make an AdvanceAdvance to be made, fund the or to purchase of a participation or make any other payment required hereunderto be purchased, by such Non-Funding Lender. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a “Lender” or a “Revolving Lender” (or be included in the calculation of “Requisite Lenders” or “Requisite Revolving Lenders” hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Presstek Inc /De/)

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded purchased by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make such Advance or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance, fund the purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a "Lender" or a "Revolving Lender" (or be included in the calculation of "Requisite Lenders", or "Requisite Revolving Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Comfort Systems Usa Inc)

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance Loan or any payment required by it hereunder, or to fund any purchase of any participation in any Swing Line Loan to be made or funded by it on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make such Advance loan or fund the purchase of any such participation on such date, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advancea loan, fund the purchase of a participation or make any other payment required hereunder. Notwithstanding anything set forth herein to the contrary, a Non-Funding Lender shall not have any voting or consent rights under or with respect to any Loan Document or constitute a "Lender" or a "Revolving Lender" (or be included in the calculation of “Requisite "Required Lenders" or “Requisite "Required Revolving Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (CSAV Holding Corp.)

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