Common use of Reallocation of Applicable Percentages Clause in Contracts

Reallocation of Applicable Percentages. All or any part of such Defaulting Lender’s participation in L/C Exposure and Swingline Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective Applicable Percentages under the applicable Revolving Credit Facilities (calculated without regard to such Defaulting Lender’s Commitment) but only to the extent that such reallocation does not cause the aggregate Revolving Credit Exposure of any Non-Defaulting Lender under such Revolving Credit Facility to exceed such Non-Defaulting Lender’s Commitment under such Revolving Credit Facility. Subject to Section 9.18, no reallocation hereunder shall constitute a waiver or release of any claim of any party hereunder against a Defaulting Lender arising from that Lender having become a Defaulting Lender, including any claim of a Non-Defaulting Lender as a result of such Non-Defaulting Lender’s increased exposure following such reallocation.

Appears in 2 contracts

Samples: Restatement Agreement (Constellation Brands, Inc.), Assignment and Assumption (Constellation Brands, Inc.)

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Reallocation of Applicable Percentages. All or any part of such Defaulting Lender’s participation in L/C Exposure and Swingline Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective Applicable Percentages under the applicable Revolving Credit Facilities (calculated without regard to such Defaulting Lender’s Commitment) but only to the extent that (i) such reallocation does not cause the aggregate Revolving Credit Exposure of any Non-Defaulting Lender under such Revolving Credit Facility to exceed such Non-Defaulting Lender’s Commitment under such Revolving Credit FacilityFacility and (ii) the conditions precedent to a Credit Event are satisfied at the time of such reallocation . Subject to Section 9.18, no reallocation hereunder shall constitute a waiver or release of any claim of any party hereunder against a Defaulting Lender arising from that Lender having become a Defaulting Lender, including any claim of a Non-Defaulting Lender as a result of such Non-Defaulting Lender’s increased exposure following such reallocation.

Appears in 2 contracts

Samples: Restatement Agreement (Constellation Brands, Inc.), Restatement Agreement (Constellation Brands, Inc.)

Reallocation of Applicable Percentages. All or any part of such Defaulting Lender’s participation in L/C Exposure and Swingline Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective Applicable Percentages under the applicable Revolving Credit Facilities Facility (calculated without regard to such Defaulting Lender’s Commitment) but only to the extent that (i) such reallocation does not cause the aggregate Revolving Credit Exposure of any Non-Defaulting Lender under such the Revolving Credit Facility to exceed such Non-Defaulting Lender’s Commitment under such the Revolving Credit FacilityFacility and (ii) the conditions precedent to a Credit Event are satisfied at the time of such reallocation . Subject to Section 9.18, no reallocation hereunder shall constitute a waiver or release of any claim of any party hereunder against a Defaulting Lender arising from that Lender having become a Defaulting Lender, including in- cluding any claim of a Non-Defaulting Lender as a result of such Non-Defaulting Lender’s increased exposure following such reallocation.

Appears in 1 contract

Samples: Restatement Agreement (Constellation Brands, Inc.)

Reallocation of Applicable Percentages. All or any part of such Defaulting Lender’s participation in L/C Exposure and Swingline Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective Applicable Percentages under the applicable Revolving Credit Facilities (calculated without regard to such Defaulting Lender’s Commitment) but only to the extent that (i) such reallocation does not cause the aggregate Revolving Credit Exposure of any Non-Defaulting Lender under such Revolving Credit Facility to exceed such Non-Defaulting Lender’s Commitment under and (ii) the conditions precedent to a Credit Event are satisfied at the time of such Revolving Credit Facilityreallocation . Subject to Section ‎Section 9.18, no reallocation hereunder shall constitute a waiver or release of any claim of any party hereunder against a Defaulting Lender arising from that Lender having become a Defaulting Lender, including any claim of a Non-Defaulting Lender as a result of such Non-Defaulting Lender’s increased exposure following such reallocation.

Appears in 1 contract

Samples: Restatement Agreement (Constellation Brands, Inc.)

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Reallocation of Applicable Percentages. All or any part of such Defaulting Lender’s participation in L/C Exposure and Swingline Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective Applicable Percentages under the applicable Revolving Credit Facilities (calculated without regard to such Defaulting Lender’s Commitment) but only to the extent that such reallocation does not cause the aggregate Revolving Credit Exposure of any Non-Defaulting Lender under such Revolving Credit Facility to exceed such Non-Defaulting Lender’s Commitment under such Revolving Credit Facility. Subject to Section 9.18, no No reallocation hereunder shall constitute a waiver or release of any claim of any party hereunder against a Defaulting Lender arising from that Lender having become a Defaulting Lender, including any claim of a Non-Defaulting Lender as a result of such Non-Defaulting Lender’s increased exposure following such reallocation.

Appears in 1 contract

Samples: Credit Agreement (Constellation Brands, Inc.)

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