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, shall not relieve any other Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make such Advance 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 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 "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 (Osullivan Industries Inc), Credit Agreement (Osullivan Industries Holdings Inc)

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Non-Funding Lenders. The failure of any Non-Funding Lender to ------------------- make any Revolving Credit Advance or any payment required by it hereunder, hereunder 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 on such date, but neither any ------ Other Lender nor Agent nor Revolving Credit Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance or make any other payment to purchase 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 Loan Document or constitute a "Lender" or a "Revolving Lender" (or be included in the calculation of "Requisite 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: Loan and Security Agreement (Premier Graphics 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, 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 on such dateAdvance, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance to be made 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 "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 (Radiologix Inc)

Non-Funding Lenders. The failure of any Non-Funding Lender to ------------------- make any Revolving Credit Advance or any payment required by it hereunder, shall not relieve any other Lender (each such other Revolving Lender, an "Other ----- Lender") of its obligations to make such Revolving Credit 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 Advance or make any other payment required hereunderRevolving Credit Advance. 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 "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 (Boston Chicken 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 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 on or purchase such dateparticipation, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance Advance, purchase 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 “Requisite Revolving Lender”, or a "Revolving Lender" (or be included in the calculation of "Requisite 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 (Green Plains 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, shall not relieve any other Revolving Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make such Advance or purchase 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 or make any other payment to purchase 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 Loan Document or constitute a "Lender" or a "Revolving Lender" (or be included in the calculation of "Requisite Lenders" ", or "Supermajority 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 Coin Merchandising 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 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 purchase 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 or make any other payment to purchase 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 Loan Document or constitute a "Lender" or a "Revolving Lender" (or be included in the calculation of "Requisite 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 (Mim Corp)

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Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, shall not relieve any other Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make such Advance on such dateAdvance, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance Advance, 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 "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 (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 shall not relieve any other Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make such Advance or purchase 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, purchase 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 "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 (Telex Communications International LTD)

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance or any payment required by it hereunder, hereunder shall not relieve any other Revolving Lender (each such other Revolving Lender, an "Other Lender") of its obligations to make such Advance on such dateAdvance, but neither any Other Lender nor Agent shall be responsible for the failure of any Non-Funding Lender to make an Advance or make any other payment required hereunder. 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 "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 (Gibson Greetings Inc)

Non-Funding Lenders. The failure of any Non-Funding Lender to make any Revolving Credit Advance portion of its Loans or any payment required by it hereunder, hereunder on the date specified therefor shall not relieve any other Lender (each such other Revolving Lender, an "Other LenderOTHER LENDER") of its obligations to make any such Advance Loan 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 Advance or make any other payment required hereunderLoan. 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 "Supermajority Requisite Revolving Lenders" hereunder) for any voting or consent rights under or with respect to any Loan Document.

Appears in 1 contract

Samples: Loan and Security Agreement (KMC Telecom Holdings Inc)

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