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 to be made by it on the date specified therefor shall not relieve any other Lender (each such other Lender, an “Other Lender”) of its obligations to make the Revolving Credit Advance to be made by it, but neither any Other Lender nor the Administrative Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance to be made 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 Transaction Document or constitute a “Lender” (or be included in the calculation of “Requisite Lenders” or “Required Remedies Lenders” hereunder) for any voting or consent rights under or with respect to any Transaction Document unless and until such Non-Funding Lender shall cease to be a Non-Funding Lender as defined in Annex X.

Appears in 5 contracts

Samples: Credit and Security Agreement (Sungard Data Systems Inc), Credit and Security Agreement (Sungard Capital Corp Ii), Credit and Security Agreement (Sungard Capital Corp Ii)

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Non-Funding Lenders. The failure of any Lender (each such Lender, a “Non-Funding Lender Lender”) to make any Revolving Credit Advance to be made by it on the date specified therefor shall not relieve any other Lender (each such other Lender, an “Other Lender”) of its obligations to make the Revolving Credit Advance to be made by it, but neither any Other Lender nor the Administrative Agent shall be responsible for the failure of any Non-Funding Lender to make an a Revolving Credit Advance to be made 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 Transaction Related Document or constitute a “Lender” (or be included in the calculation of “Requisite Lenders” or “Required Remedies Lenders” hereunder) for any voting or consent rights under or with respect to any Transaction Related Document unless and until such Non-Funding Lender shall cease have cured in full its failures to be a Non-Funding Lender as defined in Annex X.make Revolving Credit Advances hereunder.

Appears in 3 contracts

Samples: Receivables Funding and Administration Agreement (Synnex Corp), Receivables Funding and Administration Agreement (Rexnord LLC), Funding Agreement (Vertis Inc)

Non-Funding Lenders. The failure of any Lender (each such Lender, a “Non-Funding Lender Lender”) to make any Revolving Credit Advance required to be made by it on the date specified therefor shall not relieve any other Lender (each such other Lender, an “Other Lender”) of its obligations to make the Revolving Credit Advance required to be made by it, but neither any Other Lender nor the Administrative Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance to be made 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 Transaction Related Document or constitute a “Lender” (or be included in the calculation of “Requisite Lenders” or “Required Remedies Lenders” hereunder) for any voting or consent rights under or with respect to any Transaction Related Document unless and until such Non-Funding Lender shall cease have cured in full its failures to be a Non-Funding Lender as defined in Annex X.make Advances hereunder.

Appears in 3 contracts

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

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance to be made or any payment required by it on the date specified therefor hereunder, shall not relieve any other Lender (each such other Revolving Lender, an “Other Lender”) of its obligations to make such Advance or fund the Revolving Credit Advance to be made by itpurchase of any such participation on such date, but neither any Other Lender nor the Administrative Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance to be made by such Non-Funding LenderAdvance, 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 Transaction Loan Document or constitute a “Lender” or a “Revolving Lender” (or be included in the calculation of “Requisite Lenders”, “Requisite Revolving Lenders” or “Required Remedies Supermajority Revolving Lenders” hereunder) for any voting or consent rights under or with respect to any Transaction Document unless and until such Non-Funding Lender shall cease to be a Non-Funding Lender as defined in Annex X.Loan Document.

Appears in 3 contracts

Samples: Credit Agreement (Addus HomeCare Corp), Credit Agreement (Addus HomeCare Corp), Credit Agreement (Addus HomeCare Corp)

Non-Funding Lenders. The failure of any Lender (such Lender, a "Non-Funding Lender Lender") to make any Revolving Credit Advance to be made by it on the date specified therefor shall not relieve any other Lender (each such other Lender, an "Other Lender") of its obligations to make the Revolving Credit Advance to be made by it, but neither any Other Lender nor the Administrative Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance to be made 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 Transaction Related Document or constitute a "Lender" (or be included in the calculation of "Requisite Lenders” or “Required Remedies Lenders” " hereunder) for any voting or consent rights under or with respect to any Transaction Related Document unless and until such Non-Funding Lender shall cease have cured in full its failures to be a Non-Funding Lender as defined in Annex X.make Advances hereunder.

Appears in 2 contracts

Samples: Receivables Funding Agreement (Alpine Group Inc /De/), Receivables Funding Agreement (Superior Telecom Inc)

Non-Funding Lenders. The failure of any Lender (each such Lender, a “Non-Funding Lender Lender”) to make any Revolving Credit Advance required to be made by it on the date specified therefor shall not relieve any other Lender (each such other Lender, an “Other Lender”) of its obligations to make the Revolving Credit Advance required to be made by it, but neither any Other Lender nor the Administrative Agent shall be responsible for the failure of any Non-Funding Lender to make an a Revolving Credit Advance to be made 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 Transaction Related Document or constitute a “Lender” (or be included in the calculation of “Requisite Lenders” or “Required Remedies Lenders” hereunder) for any voting or consent rights under or with respect to any Transaction Related Document unless and until such Non-Funding Lender shall cease have cured in full its failures to be a Non-Funding Lender as defined in Annex X.make Revolving Credit Advances hereunder.

Appears in 1 contract

Samples: Funding Agreement (Synnex Corp)

Non-Funding Lenders. The failure of any Revolving Lender (such Revolving Lender, a “Non-Funding Lender Lender”) to make any Revolving Credit Advance to be made 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 the Revolving Credit such Advance to be made by itor purchase such participation on such date, but neither any Other other Lender nor the Administrative Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance to be made made, or to purchase a participation to be purchased, by such Non-Funding Lender, and no Non-Funding Lender shall have any obligation to Administrative Agent or any other 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 Transaction Loan Document or constitute a “Lender” or a “Revolving Lender” (or be included in the calculation of “Requisite Lenders” or “Required Remedies Lenders” hereunder) for any voting or consent rights under or with respect to any Transaction Document unless and until such Non-Funding Lender shall cease to be a Non-Funding Lender as defined in Annex X.Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Princeton Review 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 to be made by it on the date specified ------------------- therefor shall not relieve any other Lender (each such other Lender, an "Other ----- Lender") of its obligations to make the Revolving Credit Advance to be made by itsuch Advance, but neither any Other Lender ------ nor the Administrative Agent shall be responsible for the failure of any Non-Non- Funding Lender to make an a Advance to be made 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 Transaction Related Document or constitute a "Lender" (or be included in the calculation of "Requisite Lenders” or “Required Remedies Lenders” " hereunder) for any voting or consent rights under or with respect to any Transaction Document unless and until such Non-Funding Lender shall cease to be a Non-Funding Lender as defined in Annex X.Related Document.

Appears in 1 contract

Samples: Receivables Funding Agreement (Imperial Sugar Co /New/)

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance to be made or any payment required by it on the date specified therefor hereunder shall not relieve any other Revolving Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make the Revolving Credit such Advance to be made by itor purchase such participation on such date, but neither any Other Lender nor the Administrative Revolving Credit Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance or to be made by such Non-Funding Lenderpurchase a participation 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 Transaction Operative Document or constitute a "Lender” (" or be included in the calculation of "Requisite Lenders” or “Required Remedies Lenders” hereunder) " hereunder for any voting or consent rights under or with respect to any Transaction Document unless and until such Non-Funding Lender shall cease to be a Non-Funding Lender as defined in Annex X.Operative Document.

Appears in 1 contract

Samples: Credit Agreement (Precision Partners Inc)

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance to be made by it on the date specified therefor shall not relieve any other Lender (each such other Lender, an “Other Lender”) of its obligations to make the Revolving Credit Advance to be made by it, but neither any Other Lender nor the Administrative Agent shall be responsible for the failure of any Non-Funding Lender to make an a Revolving Credit Advance to be made 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 Transaction Related Document or constitute a “Lender” (or be included in the calculation of “Requisite Lenders” or “Required Remedies Lenders” hereunder) for any voting or consent rights under or with respect to any Transaction Related Document unless and until such Non-Funding Lender shall cease have cured in full its failures to be a Non-Funding Lender as defined in Annex X.make Revolving Credit Advances hereunder.

Appears in 1 contract

Samples: Receivables Funding and Administration Agreement (Rexnord Corp)

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance to be made by it on the date specified therefor shall not relieve any other Lender (each such other Lender, an “Other Lender”) of its obligations to make the Revolving Credit Advance to be made by it, but neither any Other Lender nor the Administrative Agent shall be responsible for the failure of any Non-Funding Lender to make an a Revolving Credit Advance to be made 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 Transaction Related Document or Amended and Restated Receivables Funding and Administration Agreement constitute a “Lender” (or be included in the calculation of “Requisite Lenders” or “Required Remedies Lenders” hereunder) for any voting or consent rights under or with respect to any Transaction Related Document unless and until such Non-Funding Lender shall cease have cured in full its failures to be a Non-Funding Lender as defined in Annex X.make Revolving Credit Advances hereunder.

Appears in 1 contract

Samples: Funding Agreement (RBS Global Inc)

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