Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in L/C Obligations shall be reallocated among the Non-Defaulting Lenders in accordance with their respective Applicable Percentages (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 to exceed such Non-Defaulting Lender’s Commitment. Subject to Section 9.17, 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 6 contracts

Samples: Credit Agreement (Power Solutions International, Inc.), Credit Agreement (Seaspan CORP), Credit Agreement (Atlas Corp.)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C Obligations~~ Letters of Credit shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable Percentages~~ pro rata Commitments (calculated without regard to such Defaulting Lender’s Commitment) but only to the extent that such reallocation does not cause the aggregate Revolving Facility Credit Exposure of any Non-Defaulting Lender to exceed such Non-Defaulting Lender’s Revolving Facility Commitment. ~~Subject to Section 9.17, 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 5 contracts

Samples: Credit Agreement (Cerence Inc.), Credit Agreement (Open Lending Corp), Credit Agreement (Jazz Pharmaceuticals PLC)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C Obligations~~ Letter of Credit Liabilities and Swingline Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable~~ Commitment Percentages (~~calculated~~ determined 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 to exceed such Non-Defaulting Lender’s Commitment. Subject to Section ~~9.17~~12.22., 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 5 contracts

Samples: Credit Agreement (Senior Housing Properties Trust), Credit Agreement (Diversified Healthcare Trust), Credit Agreement (Diversified Healthcare Trust)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in L/C Obligations and Swing Line Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable Percentages~~ Pro Rata Shares (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 to exceed such Non-Defaulting Lender’s Commitment. ~~Subject to Section 9.17, 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 5 contracts

Samples: Credit Agreement, Credit Agreement (Midcoast Energy Partners, L.P.), Credit Agreement (Enbridge Energy Partners Lp)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C~~ Letter of Credit Obligations and Swing Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable Percentages~~ Ratable Shares (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~~ Facility Usage of any Non-Defaulting Lender to exceed such Non-Defaulting Lender’s Revolving Credit Commitment. ~~Subject to Section 9.17, 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 5 contracts

Samples: Credit Agreement (Factset Research Systems Inc), Credit Agreement (Factset Research Systems Inc), Credit Agreement (EPAM Systems, Inc.)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C Obligations~~ Letter of Credit Liabilities and Swingline Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable~~ Commitment Percentages (calculated without regard to such Defaulting Lender’s Commitment) but only to the extent that such reallocation does not cause the aggregate ~~Revolving~~ Loans and participations in Letter of Credit ~~Exposure~~ Liabilities and Swingline Loans of any Non-Defaulting Lender to exceed such Non-Defaulting Lender’s Commitment. ~~Subject to Section 9.17, 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 4 contracts

Samples: Credit Agreement (South Carolina Electric & Gas Co), Credit Agreement (South Carolina Electric & Gas Co), Credit Agreement (South Carolina Electric & Gas Co)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C Obligations~~ Letters of Credit and Swingline Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable~~ Pro Rata Percentages (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 to exceed such Non-Defaulting Lender’s Revolving Credit Commitment. ~~Subject to Section 9.17, 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 4 contracts

Samples: Senior Secured Credit Agreement (ADS Waste Holdings, Inc.), Senior Secured Credit Agreement (Trestle Transport, Inc.), Senior Secured Credit Agreement (Advanced Disposal Services Glacier Ridge Landfill, LLC)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in L/C Obligations shall be reallocated among the Non-Defaulting Lenders in accordance with their respective Applicable Percentages (calculated without regard to such Defaulting Lender’s Commitment) but only to the extent that such reallocation does not cause the ~~aggregate Revolving Credit~~ Aggregate Exposure of any Non-Defaulting Lender to exceed the lesser of such Non-Defaulting Lender’s ~~Commitment~~(i) Commitment and (ii) Applicable Percentage of the Facility Limit. Subject to Section ~~9.17~~2.15(g) below, 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 4 contracts

Samples: Credit Agreement (Sandridge Energy Inc), Credit Agreement (Sandridge Energy Inc), Credit Agreement (Amplify Energy Corp)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C~~ LC Obligations and Swing Line Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable Percentages~~ Pro Rata Shares (calculated without regard to such Defaulting Lender’s Commitment) but only to the extent that such reallocation does not cause the ~~aggregate Revolving~~ Outstanding Credit Exposure of any Non-Defaulting Lender to exceed such Non-Defaulting Lender’s Commitment. ~~Subject to Section 9.17, 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 4 contracts

Samples: Credit Agreement (Oge Energy Corp.), Credit Agreement (Oge Energy Corp.), Credit Agreement (Oge Energy Corp.)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in L/C Obligations and Swingline Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective Applicable Percentages (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~~ Outstanding Amount of any Non-Defaulting ~~Lender~~ Lender’s Loans and L/C Obligations to exceed such Non-Defaulting Lender’s Commitment. ~~Subject to Section 9.17, 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 4 contracts

Samples: Asset Based Revolving Credit Agreement (Contura Energy, Inc.), Revolving Credit Agreement (Warrior Met Coal, Inc.), Asset Based Revolving Credit Agreement (Warrior Met Coal, Inc.)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C Obligations~~ Letters of Credit and Swing Line Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable Percentages~~ Pro Rata Shares (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 to exceed such Non-Defaulting Lender’s Revolving Commitment. ~~Subject to Section 9.17, 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 4 contracts

Samples: Credit Agreement (CNO Financial Group, Inc.), Credit Agreement (Impax Laboratories Inc), Credit Agreement (Impax Laboratories Inc)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C Obligations~~ Letters of Credit shall be reallocated among the Non-Defaulting Lenders in the applicable Class(es) in accordance with their respective ~~Applicable Percentages~~ Pro Rata Shares (calculated without regard to such Defaulting Lender’s Loan Commitment) but only to the extent that such reallocation does not cause the aggregate ~~Revolving Credit~~ LC Exposure of any Non-Defaulting Lender to exceed such Non-Defaulting Lender’s ~~Commitment~~LC Commitments. ~~Subject to Section 9.17, 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 3 contracts

Samples: Credit Agreement (Bloom Energy Corp), Credit Agreement (Bloom Energy Corp), Credit Agreement (Bloom Energy Corp)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C Obligations~~ Letters of Credit shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable~~ Pro Rata Percentages (calculated without regard to such Defaulting Lender’s ’s. Commitment) but only to the extent that such reallocation does not cause the aggregate ~~Revolving Credit~~ U.S. Exposure of any Non-Defaulting Lender to exceed such Non-Defaulting Lender’s Commitment. ~~Subject to Section 9.17, 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 3 contracts

Samples: Abl Credit Agreement (Claire's Holdings LLC), Abl Credit Agreement (Claire's Holdings LLC), Abl Credit Agreement (Claire's Holdings LLC)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C Obligations~~ Letters of Credit shall be automatically reallocated among ~~the~~ Revolving Credit Lenders that are Non-Defaulting Lenders in accordance with their respective ~~Applicable~~ Pro Rata Percentages (calculated without regard to such Defaulting Lender’s Revolving Credit Commitment) but only to the extent that such reallocation does not cause the aggregate Revolving Credit Exposure of any Non-Defaulting Lender to exceed such Non-Defaulting Lender’s Revolving Credit Commitment. ~~Subject to Section 9.17, 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 3 contracts

Samples: Credit Agreement (Cactus, Inc.), Credit Agreement (Cactus, Inc.), Credit Agreement (Cactus, Inc.)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C Obligations~~ LC Exposure shall be reallocated among the Non-Defaulting Lenders in accordance with their respective Applicable Revolving Credit Percentages (calculated without regard to such Defaulting Lender’s ~~Commitment~~Maximum Revolving Credit Amount) but only to the extent that such reallocation does not cause the ~~aggregate~~ Revolving Credit Exposure of any Non-Defaulting Lender to exceed such Non-Defaulting Lender’s ~~Commitment~~Revolving Credit Commitment then in effect. Subject to Section ~~9.17~~12.18, no reallocation hereunder shall constitute a waiver or release of any claim of any party hereunder against a Defaulting Lender arising from that Revolving Credit 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 3 contracts

Samples: Credit Agreement (Grizzly Energy, LLC), Credit Agreement (Chaparral Energy, Inc.), Credit Agreement (Vanguard Natural Resources, Inc.)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in L/C Obligations shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable Percentages~~ Pro Rata Share (calculated without regard to such Defaulting Lender’s Commitment) but only to the extent that such reallocation does not cause the aggregate ~~Revolving~~ Outstanding Credit Exposure of any Non-Defaulting Lender to exceed such Non-Defaulting Lender’s Commitment. Subject to Section ~~9.17~~15.07, 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 3 contracts

Samples: Credit Agreement (XPO Logistics, Inc.), Credit Agreement (GXO Logistics, Inc.), Credit Agreement (Dick's Sporting Goods, Inc.)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in L/C Obligations shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable~~ Revolver Percentages (calculated without regard to such Defaulting Lender’s Commitment) but only to the extent that such reallocation does not cause the aggregate principal amount of Revolving ~~Credit Exposure~~ Loans, participations in Reimbursement Obligations of any Non-Defaulting Lender to exceed such Non-Defaulting Lender’s Commitment. Subject to Section ~~9.17~~11.27, no reallocation hereunder shall constitute a waiver or release of any claim of any party hereunder against a Defaulting Lender arising from that ~~Lender~~ Xxxxxx having become a Defaulting Lender, including any claim of a Non-Defaulting Lender as a result of such Non-Defaulting ~~Lender~~Xxxxxx’s increased exposure following such reallocation.

Appears in 3 contracts

Samples: Credit Agreement (Alvarium Tiedemann Holdings, Inc.), Credit Agreement (AlTi Global, Inc.), Credit Agreement (AlTi Global, Inc.)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C~~ Letter of Credit Obligations shall be reallocated among the Non-Defaulting Lenders pro rata in accordance with their respective ~~Applicable Percentages~~ Commitments (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 to exceed such Non-Defaulting Lender’s Commitment. Subject to Section ~~9.17~~10.14, 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 3 contracts

Samples: Credit Agreement (Forestar Group Inc.), Credit Agreement (Forestar Group Inc.), Credit Agreement (Horton D R Inc /De/)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C Obligations~~ Letter of Credit Outstandings and Swingline Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable Percentages~~ Tranche A Commitment Percentage (calculated without regard to such Defaulting Lender’s Commitment) but only to the extent that such reallocation does not cause the aggregate ~~Revolving~~ Tranche A Credit ~~Exposure~~ Extensions of any Non-Defaulting Lender to exceed such Non-Defaulting Lender’s Tranche A Commitment. ~~Subject to Section 9.17, 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 3 contracts

Samples: Credit Agreement (Performance Food Group Co), Credit Agreement (Performance Food Group Co), Security Agreement (Performance Food Group Co)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C Obligations~~ Letter of Credit Liabilities and Swingline Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable~~ Commitment Percentages (~~calculated~~ determined 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 to exceed such Non-Defaulting Lender’s Commitment. Subject to Section ~~9.17~~12.22., 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 3 contracts

Samples: Credit Agreement (Regency Centers Lp), Credit Agreement (Regency Centers Lp), Credit Agreement (Regency Centers Lp)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in L/C Obligations and Swingline Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable Percentages~~ Pro Rata Share (calculated without regard to such Defaulting Lender’s Commitment) but only to the extent that such reallocation does not cause the aggregate ~~Revolving~~ Outstanding Credit Exposure of any Non-Defaulting Lender to exceed such Non-Defaulting Lender’s Commitment. Subject to Section ~~9.17~~15.07, 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 3 contracts

Samples: Credit Agreement (SALESFORCE.COM, Inc.), Credit Agreement (Salesforce Com Inc), Credit Agreement (Salesforce, Inc.)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C~~ LOC Obligations and Swingline Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective Applicable Percentages (calculated without regard to such Defaulting Lender’s Revolving Commitment) but only to the extent that such reallocation does not cause the aggregate ~~Revolving Credit~~ Committed Funded Exposure of any Non-Defaulting Lender to exceed such Non-Defaulting Lender’s Revolving Commitment. ~~Subject to Section 9.17, 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~~ Xxxxxx having become a Defaulting Lender, including any claim of a Non-Defaulting Lender as a result of such Non-Defaulting ~~Lender~~Xxxxxx’s increased exposure following such reallocation.

Appears in 3 contracts

Samples: Credit Agreement (Fluent, Inc.), Credit Agreement (Fluent, Inc.), Credit Agreement (Fluent, Inc.)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C~~ Letter of Credit Obligations and Swing Line Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable Percentages~~ Pro Rata Shares (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 to exceed such Non-Defaulting Lender’s Revolving Credit Commitment. ~~Subject to Section 9.17, no~~ No reallocation hereunder shall constitute a waiver or release of any claim of any party hereunder against a Defaulting Lender arising from ~~that~~ such 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 3 contracts

Samples: First Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.), First Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.), First Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in L/C Obligations shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable Percentages~~ Pro Rata Share (calculated without regard to such Defaulting Lender’s Commitment) but only to the extent that such reallocation does not cause the aggregate ~~Revolving~~ Outstanding Credit Exposure of any Non-Defaulting Lender to exceed such Non-Defaulting Lender’s Commitment. Subject to Section ~~9.17~~15.07, no reallocation hereunder shall constitute a waiver or release of any claim of any party hereunder against a Defaulting Lender arising from that ~~Lender~~ Lxxxxx having become a Defaulting Lender, including any claim of a Non-Defaulting Lender as a result of such Non-Defaulting ~~Lender~~Lxxxxx’s increased exposure following such reallocation.

Appears in 3 contracts

Samples: Credit Agreement (GXO Logistics, Inc.), Credit Agreement (GXO Logistics, Inc.), Credit Agreement (RXO, Inc.)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in L/C Obligations and Swing Line Loans shall be reallocated among the ~~Non~~non-Defaulting Lenders in accordance with their respective Applicable Percentages (calculated without regard to such Defaulting Lender’s Commitment) but only to the extent that such reallocation does not cause the aggregate Revolving Extensions of Credit ~~Exposure~~ of any ~~Non~~non-Defaulting Lender to exceed such ~~Non~~non-Defaulting Lender’s Commitment. Subject to Section ~~9.17~~10.20, 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~~non-Defaulting Lender as a result of such ~~Non~~non-Defaulting Lender’s increased exposure following such reallocation.

Appears in 3 contracts

Samples: Credit Agreement (National CineMedia, Inc.), Credit Agreement (National CineMedia, Inc.), Credit Agreement (National CineMedia, Inc.)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C Obligations~~ Letter of Credit Accommodations and Swingline Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable Percentages~~ Pro Rata Shares (calculated without regard to such Defaulting Lender’s Revolving Loan Commitment) but only to the extent that such reallocation does not cause the aggregate Revolving ~~Credit~~ Loan Exposure of any Non-Defaulting Lender to exceed such Non-Defaulting Lender’s Revolving Loan Commitment. Subject to Section ~~9.17~~13.9, 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 3 contracts

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

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting ~~Lender~~Xxxxxx’s participation in ~~L/C Obligations~~ Letters of Credit shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable Percentages~~ pro rata Commitments (calculated without regard to such Defaulting Lender’s Commitment) but only to the extent that such reallocation does not cause the aggregate Revolving Facility Credit Exposure of any Non-Defaulting Lender to exceed such Non-Defaulting Lender’s Revolving Facility Commitment. ~~Subject to Section 9.17, 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~~ Xxxxxx having become a Defaulting Lender, including any claim of a Non-Defaulting Lender as a result of such Non-Defaulting ~~Lender~~Xxxxxx’s increased exposure following such reallocation.

Appears in 3 contracts

Samples: Credit Agreement (Cerence Inc.), Credit Agreement (Cerence Inc.), Credit Agreement (Jazz Pharmaceuticals PLC)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C Obligations~~ LC Exposure and Swingline Exposure shall be reallocated among the ~~Non~~non-Defaulting Lenders that are Revolving Lenders in accordance with their respective Applicable Percentages (calculated without regard to such Defaulting Lender’s Commitment) but only to the extent that such reallocation does not cause the ~~aggregate~~ Aggregate Revolving Credit Exposure of any ~~Non~~non-Defaulting Lender to exceed such ~~Non~~non-Defaulting Lender’s Revolving Commitment. Subject to Section ~~9.17~~9.21, 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~~non-Defaulting Lender as a result of such ~~Non~~non-Defaulting Lender’s increased exposure following such reallocation.

Appears in 3 contracts

Samples: Credit Agreement (Avago Technologies LTD), Second Amendment (Broadcom Cayman L.P.), Credit Agreement (Broadcom LTD)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in L/C ~~Obligations~~ Disbursements and Swingline Loans shall be reallocated among the ~~Non~~non-Defaulting Lenders in accordance with their respective Applicable Percentages (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~~non-Defaulting Lender to exceed such ~~Non~~non-Defaulting Lender’s Revolving Commitment. Subject to Section ~~9.17~~9.20, 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~~non-Defaulting Lender as a result of such Non-Defaulting Lender’s increased exposure following such reallocation.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Upjohn Inc), Revolving Credit Agreement (Mylan N.V.), Credit Agreement (Mylan N.V.)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in L/C Obligations and Swingline Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable~~ Revolving Credit Commitment Percentages (calculated without regard to such Defaulting Lender’s Revolving Credit Commitment) but only to the extent that such reallocation does not cause the aggregate Revolving Credit Exposure of any Non-Defaulting Lender to exceed such Non-Defaulting Lender’s Revolving Credit Commitment. ~~Subject to Section 9.17, 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 3 contracts

Samples: Credit Agreement (Realpage Inc), Credit Agreement (STAMPS.COM Inc), Credit Agreement (Realpage Inc)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C~~ Letter of Credit Obligations and Swingline Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable Percentages~~ Ratable Shares (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~~ Facility Usage of any Non-Defaulting Lender to exceed such Non-Defaulting Lender’s Revolving Credit Commitment. Subject to Section ~~9.17~~12.12, no reallocation hereunder shall constitute a waiver or release of any claim of any party hereunder against a Defaulting Lender arising from that ~~Lender~~ Xxxxxx having become a Defaulting Lender, including any claim of a Non-Defaulting Lender as a result of such Non-Defaulting ~~Lender~~Xxxxxx’s increased exposure following such reallocation.

Appears in 3 contracts

Samples: Credit Agreement (Cadre Holdings, Inc.), Credit Agreement (Cadre Holdings, Inc.), Credit Agreement (Cadre Holdings, Inc.)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C Obligations~~ Letters of Credit hereunder shall be reallocated among the Non-Defaulting Lenders in accordance with their respective Applicable Percentages (calculated without regard to such Defaulting Lender’s ~~Commitment~~Maximum Credit Amount) but only to the extent that such reallocation does not cause the aggregate Revolving Credit Exposure of any Non-Defaulting Lender to exceed such Non-Defaulting Lender’s Commitment. ~~Subject to Section 9.17, 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 3 contracts

Samples: Credit Agreement (Centennial Resource Development, Inc.), Credit Agreement (Centennial Resource Development, Inc.), Credit Agreement (Centennial Resource Development, Inc.)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C Obligations~~ Letters of Credit and Swingline Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable~~ Pro Rata Percentages (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 to exceed such Non-Defaulting Lender’s Revolving Credit Commitment. Subject to Section ~~9.17~~9.21 hereof, 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: Guarantee and Collateral Agreement (Advanced Disposal Services, Inc.), Credit Agreement (Advanced Disposal Services, Inc.)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s 's participation in ~~L/C Obligations~~ LC Exposure shall be reallocated among the Non-Defaulting Lenders in accordance with their respective Applicable Percentages (calculated without regard to such Defaulting Lender~~’s Commitment~~'s Maximum Credit Amount) but only to the extent that such reallocation does not cause the ~~aggregate~~ Revolving Credit Exposure of any Non-Defaulting Lender to exceed such Non-Defaulting Lender~~’s Commitment~~'s Commitment then in effect. Subject to Section ~~9.17~~12.18, 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 's increased exposure following such reallocation.

Appears in 2 contracts

Samples: Credit Agreement (HighPeak Energy, Inc.), Credit Agreement (HighPeak Energy, Inc.)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in L/C Obligations and Swingline Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable~~ Pro Rata Percentages (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 to exceed such Non-Defaulting Lender’s Revolving Commitment. ~~Subject to Section 9.17, 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 2 contracts

Samples: Revolving Credit Agreement (Houghton Mifflin Harcourt Co), Revolving Credit Agreement (HMH Holdings (Delaware), Inc.)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C Obligations~~ Letter of Credit Liabilities and Swingline Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable~~ Commitment Percentages (~~calculated~~ determined 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 to exceed such Non-Defaulting Lender’s Commitment. Subject to Section ~~9.17~~12.22., no reallocation hereunder shall constitute a waiver or release of any claim of any party hereunder against a Defaulting Lender arising from that ~~Lender~~ Xxxxxx having become a Defaulting Lender, including any claim of a Non-Defaulting Lender as a result of such Non-Defaulting ~~Lender~~Xxxxxx’s increased exposure following such reallocation.

Appears in 2 contracts

Samples: Credit Agreement (Regency Centers Lp), Credit Agreement (Regency Centers Lp)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C Obligations~~ Letters of Credit and Swingline Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable Percentages~~ pro rata Commitments (calculated without regard to such Defaulting Lender’s Commitment) but only to the extent that such reallocation does not cause the aggregate Revolving Facility Credit Exposure of any Non-Defaulting Lender to exceed such Non-Defaulting Lender’s Revolving Facility Commitment. ~~Subject to Section 9.17, 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 2 contracts

Samples: Incremental Assumption and Amendment Agreement (PlayAGS, Inc.), Security Agreement (SeaWorld Entertainment, Inc.)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C Obligations~~ Letters of Credit and Swing Loans shall be reallocated among the ~~Non~~non-~~Defaulting~~ defaulting Lenders in accordance with their respective ~~Applicable~~ Percentages (calculated without regard to such Defaulting Lender’s Lender Commitment) but only to the extent that such reallocation does not cause the ~~aggregate~~ Revolving Credit Exposure of any ~~Non~~non-~~Defaulting Lender~~ defaulting lender to exceed such ~~Non~~non-~~Defaulting~~ defaulting Lender’s Lender Commitment. Subject to Section ~~9.17~~9.15, 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~~non-~~Defaulting~~ defaulting Lender as a result of such ~~Non~~non-~~Defaulting~~ defaulting Lender’s increased exposure following such reallocation.

Appears in 2 contracts

Samples: Credit Agreement (Eastgroup Properties Inc), Credit Agreement (Eastgroup Properties Inc)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in L/C Obligations shall be reallocated among the Non-Defaulting Lenders in accordance with their respective Applicable Percentages (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~~ Loans of any Non-Defaulting Lender to exceed such Non-Defaulting Lender’s Commitment. Subject to Section ~~9.17~~10.19, 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: Credit Agreement (Landsea Homes Corp), Credit Agreement (Landsea Homes Corp)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C~~ Letter of Credit Obligations shall be reallocated among the Non-Defaulting Lenders pro rata in accordance with their respective ~~Applicable Percentages~~ Commitments (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 to exceed such Non-Defaulting Lender’s Commitment. Subject to Section ~~9.17~~10.14, no reallocation hereunder shall constitute a waiver or release of any claim of any party hereunder against a Defaulting Lender arising from that ~~Lender~~ Xxxxxx having become a Defaulting Lender, including any claim of a Non-Defaulting Lender as a result of such Non-Defaulting ~~Lender~~Xxxxxx’s increased exposure following such reallocation.

Appears in 2 contracts

Samples: Credit Agreement (Forestar Group Inc.), Credit Agreement (Horton D R Inc /De/)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s 's participation in ~~L/C Obligations~~ LC Exposure and Swingline Exposure shall be reallocated among the Non-Defaulting Lenders in accordance with their ~~respective~~ Applicable Percentages (calculated without regard to such Defaulting Lender’s 's Commitment) but only to the extent that such reallocation does not cause the aggregate Revolving ~~Credit~~ Exposure of any Non-Defaulting Lender to exceed such Non-Defaulting Lender’s 's Commitment. ~~Subject to Section 9.17, 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~~ Non‑Defaulting Lender’s 's increased exposure following such reallocation.

Appears in 2 contracts

Samples: Credit Agreement (Minerals Technologies Inc), Credit Agreement (Minerals Technologies Inc)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C~~ Letter of Credit Obligations and Swing Line Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable Percentages~~ Pro Rata Shares (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 to exceed such ~~Non-~~Non- Defaulting Lender’s Revolving Credit Commitment. ~~Subject to Section 9.17, no~~ No reallocation hereunder shall constitute a waiver or release of any claim of any party hereunder against a Defaulting Lender arising from ~~that~~ such 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: First Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.), First Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C Obligations~~ Swingline Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable Percentages~~ Pro Rata Share (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 to exceed such Non-Defaulting Lender’s Commitment. Subject to Section ~~9.17~~16.21, 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: Loan and Security Agreement (Hercules Capital, Inc.), Loan and Security Agreement (Hercules Capital, Inc.)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C Obligations~~ Swing Advances shall be reallocated among the ~~Non~~non-Defaulting Revolver Lenders in accordance with their respective Applicable Revolver Percentages (calculated without regard to such Defaulting Lender’s Revolver Commitment) but only to the extent that such reallocation does not cause the ~~aggregate~~ Revolving Credit Exposure of any ~~Non~~non-Defaulting Lender to exceed such ~~Non~~non-Defaulting Lender’s Revolver Commitment. ~~Subject to Section 9.17, 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~~non-Defaulting Lender as a result of such ~~Non~~non-Defaulting Lender’s increased exposure following such reallocation.

Appears in 2 contracts

Samples: Credit Agreement (Triangle Capital CORP), Credit Agreement (Triangle Capital CORP)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in L/C Obligations and Swingline Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective Applicable Percentages (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~~ Outstanding Amount of any ~~Non-~~Non- Defaulting ~~Lender~~ Lender’s Loans and L/C Obligations to exceed such Non-Defaulting Lender’s Commitment. ~~Subject to Section 9.17, 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 2 contracts

Samples: Asset Based Revolving Credit Agreement (Contura Energy, Inc.), Asset Based Revolving Credit Agreement (Contura Energy, Inc.)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C~~ Letter of Credit Obligations shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable Percentages~~ Pro Rata Shares (calculated without regard to such Defaulting Lender’s Commitment) but only to the extent that such reallocation does not cause the aggregate ~~Revolving~~ outstanding amount of all Loans of any Non-Defaulting Lender plus the Letter of Credit Exposure of ~~any~~ such Non-Defaulting Lender to exceed such Non-Defaulting Lender’s Commitment. ~~Subject to Section 9.17, 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 2 contracts

Samples: Credit Agreement (Extraction Oil & Gas, LLC), Credit Agreement (Extraction Oil & Gas, LLC)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C Obligations~~ Letter of Credit Liabilities and Swing Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable~~ Commitment Percentages (~~calculated~~ determined 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 to exceed such Non-Defaulting Lender’s Commitment. Subject to ~~Section 9.17~~§37, 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: Credit Agreement (Mid-America Apartments, L.P.), Credit Agreement (Mid-America Apartments, L.P.)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C Obligations~~ Letter of Credit Liabilities and Swingline Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable Percentages~~ Pro Rata Shares (~~calculated~~ determined without regard to such Defaulting Lender’s Loan Commitment) but only to the extent that such reallocation does not cause the aggregate Revolving Credit Exposure of any Non-Defaulting Lender to exceed such Non-Defaulting Lender’s Loan Commitment. Subject to Section ~~9.17~~12.25, no reallocation hereunder shall constitute a waiver or release of any claim of any party hereunder against a Defaulting Lender arising from that ~~Lender~~ Bank 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: Revolving Credit Agreement (Urban Edge Properties LP), Revolving Credit Agreement (Urban Edge Properties LP)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C Obligations~~ LC Exposure and Swingline Exposure shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable~~ Revolving Credit Commitment Percentages (~~calculated~~ determined without regard to such Defaulting Lender’s Revolving Credit Commitment) but only to the extent that such reallocation does not cause the aggregate Revolving Credit Exposure of any Non-Defaulting Lender to exceed such Non-Defaulting Lender’s Revolving Credit Commitment. ~~Subject to Section 9.17, 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~~ Xxxxxx having become a Defaulting Lender, including any claim of a Non-Defaulting Lender as a result of such Non-Defaulting ~~Lender~~Xxxxxx’s increased exposure following such reallocation.

Appears in 2 contracts

Samples: Credit Agreement (Shyft Group, Inc.), Credit Agreement (Shyft Group, Inc.)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in L/C Obligations shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable~~ Revolver Percentages (calculated without regard to such Defaulting Lender’s Revolving Credit Commitment) but only to the extent that such reallocation does not cause the aggregate Revolving Credit ~~Exposure~~ exposure of any Non-Defaulting Lender to exceed such Non-Defaulting Lender’s Revolving Credit Commitment. Subject to Section ~~9.17~~12.25, no reallocation hereunder shall constitute a waiver or release of any claim of any party hereunder against a Defaulting Lender arising from that ~~Lender~~ Lxxxxx having become a Defaulting Lender, including any claim of a Non-Defaulting Lender as a result of such Non-Defaulting ~~Lender~~Lxxxxx’s increased exposure following such reallocation.

Appears in 2 contracts

Samples: Credit Agreement (LTC Properties Inc), Credit Agreement (LTC Properties Inc)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C Obligations~~ Letter of Credit Liabilities and Swingline Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable Percentages~~ Pro Rata Shares (~~calculated~~ determined without regard to such Defaulting Lender’s Loan Commitment) but only to the extent that such reallocation does not cause the aggregate Revolving Credit Exposure of any Non-Defaulting Lender to exceed such Non-Defaulting Lender’s Loan Commitment. ~~Subject to Section 9.17, 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~~ Bank 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: Revolving Credit Agreement (Urban Edge Properties), Revolving Credit Agreement (Urban Edge Properties)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C Obligations~~ Letter of Credit Liabilities and Swingline Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable~~ Commitment Percentages (~~calculated~~ determined 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 to exceed such Non-Defaulting Lender’s Revolving Commitment. ~~Subject to Section 9.17, 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 2 contracts

Samples: Assignment and Acceptance Agreement (CubeSmart, L.P.), Credit Agreement (CubeSmart, L.P.)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C Obligations~~ Letters of Credit and Swing Line Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable Percentages~~ pro rata Commitments (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 to exceed such Non-Defaulting Lender’s Revolving Commitment. Subject to Section ~~9.17~~9.25, 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: Revolving Credit Agreement (Las Vegas Sands Corp), Revolving Credit Agreement (Las Vegas Sands Corp)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C Obligations~~ LC Exposure shall be reallocated among the Non-Defaulting Lenders in accordance with their respective Applicable Percentages (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 to exceed such Non-Defaulting Lender’s Commitment. ~~Subject to Section 9.17, 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 2 contracts

Samples: Credit Agreement (Hecla Mining Co/De/), Credit Agreement (Hecla Mining Co/De/)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C~~ Letter of Credit Obligations and Swingline Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable Percentages~~ Ratable Shares (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~~ Facility Usage of any Non-Defaulting Lender to exceed such Non-Defaulting Lender’s Revolving Credit Commitment. Subject to Section ~~9.17~~12.12, 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: Credit Agreement (Cadre Holdings, Inc.), Credit Agreement (Cadre Holdings, Inc.)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C~~ Letter of Credit Obligations and Swing Line Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable Percentages~~ Pro Rata Shares (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~~ revolving credit exposure of any Non-Defaulting Lender to exceed such Non-Defaulting Lender’s Commitment. Subject to Section ~~9.17~~20.10, no reallocation hereunder shall constitute a waiver or release of any claim of any party hereunder against a Defaulting Lender arising from that ~~Lender~~ Xxxxxx having become a Defaulting Lender, including any claim of a Non-Defaulting Lender as a result of such Non-Defaulting ~~Lender~~Xxxxxx’s increased exposure following such reallocation.

Appears in 2 contracts

Samples: Loan and Security Agreement (S&W Seed Co), Loan and Security Agreement (S&W Seed Co)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C~~ Reimbursement Obligations and Swingline Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable~~ Percentages (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~~ such Non-Defaulting ~~Lender~~ Lender’s share of the aggregate Outstanding Facility Amount to exceed such Non-Defaulting Lender’s Commitment. ~~Subject to Section 9.17, 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 2 contracts

Samples: Credit Agreement (InvenTrust Properties Corp.), Credit Agreement (InvenTrust Properties Corp.)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C~~ Letter of Credit Obligations and Swing Line Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable Percentages~~ Pro Rata Shares (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 to exceed such Non-Defaulting Lender’s Commitment. Subject to Section ~~9.17~~15.4, 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: Credit Agreement (Infrastructure & Energy Alternatives, Inc.), Credit Agreement (A-Mark Precious Metals, Inc.)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in L/C Obligations shall be reallocated among the Non-Defaulting Lenders in accordance with their respective Applicable Percentages (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~~ Exposures of any Non-Defaulting Lender to exceed such Non-Defaulting Lender’s Commitment. Subject to Section 9.17, no reallocation hereunder shall constitute a waiver or release of any claim of any party hereunder against a Defaulting Lender arising from that ~~Lender~~ Xxxxxx having become a Defaulting Lender, including any claim of a Non-Defaulting Lender as a result of such Non-Defaulting ~~Lender~~Xxxxxx’s increased exposure following such reallocation.

Appears in 2 contracts

Samples: Credit Agreement (SWK Holdings Corp), Credit Agreement (SWK Holdings Corp)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C~~ LOC Obligations and Swingline Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable~~ Commitment Percentages (~~calculated~~ determined 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 to exceed such Non-Defaulting Lender’s Commitment. Subject to Section ~~9.17~~10.22, 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: Credit Agreement (Hyatt Hotels Corp), Credit Agreement (Hyatt Hotels Corp)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C Obligations~~ Letters of Credit shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable Percentages~~ applicable Pro Rata Shares (calculated without regard to such Defaulting Lender’s Revolving Commitment) but only to the extent that such reallocation does not cause the ~~aggregate~~ Revolving ~~Credit~~ Exposure of any Non-Defaulting Lender to exceed such Non-Defaulting Lender’s Revolving Commitment. ~~Subject to Section 9.17, no~~ No reallocation hereunder shall constitute a waiver or release of any claim of any party hereunder against a Defaulting Lender arising from ~~that~~ such Revolving 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: Credit Agreement (Chrysler Group LLC), Credit Agreement (Chrysler Group LLC)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C Obligations~~ Letter of Credit Liabilities and Swingline Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable~~ Revolving Commitment Percentages (~~calculated~~ determined 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 to exceed such Non-Defaulting Lender’s Commitment. Subject to Section ~~9.17~~12.22., 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: Credit Agreement (Federal Realty Investment Trust), Credit Agreement (Federal Realty Investment Trust)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting ~~Lender~~Lxxxxx’s participation in ~~L/C Obligations~~ Letters of Credit shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable Percentages~~ pro rata Commitments (calculated without regard to such Defaulting Lender’s Commitment) but only to the extent that such reallocation does not cause the aggregate Revolving Facility Credit Exposure of any Non-Defaulting Lender to exceed such Non-Defaulting Lender’s Revolving Facility Commitment. ~~Subject to Section 9.17, 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~~ Lxxxxx having become a Defaulting Lender, including any claim of a Non-Defaulting Lender as a result of such Non-Defaulting ~~Lender~~Lxxxxx’s increased exposure following such reallocation.

Appears in 2 contracts

Samples: Credit Agreement (Dave & Buster's Entertainment, Inc.), Credit Agreement (Dave & Buster's Entertainment, Inc.)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C Obligations~~ Letters of Credit and Swing Line Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable Percentages~~ Pro Rata Shares (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 to exceed such Non-Defaulting Lender’s Revolving Commitment. Subject to Section ~~9.17~~10.22, 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 (CNO Financial Group, Inc.), Restatement Agreement (CNO Financial Group, Inc.)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C Obligations~~ LC Exposure and Swingline Exposure shall be reallocated among the Non-Defaulting Lenders in accordance with their ~~respective~~ Applicable Percentages (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 to exceed such Non-Defaulting Lender’s Commitment. ~~Subject to Section 9.17, 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 2 contracts

Samples: Credit Agreement (Diplomat Pharmacy, Inc.), Credit Agreement (Minerals Technologies Inc)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C~~ Letter of Credit Obligations and Swing Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable Percentages~~ Ratable Shares (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~~ Facility Usage of any Non-Defaulting Lender to exceed such Non-Defaulting Lender’s Revolving Credit Commitment. ~~Subject to Section 9.17, 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~~ Xxxxxx having become a Defaulting Lender, including any claim of a Non-Defaulting Lender as a result of such Non-Defaulting ~~Lender~~Xxxxxx’s increased exposure following such reallocation.

Appears in 2 contracts

Samples: Credit Agreement (Stoneridge Inc), Credit Agreement (Crocs, Inc.)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C~~ LOC Obligations and Swingline Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective Applicable Percentages (calculated without regard to such Defaulting Lender’s Revolving Commitment) but only to the extent that such reallocation does not cause the aggregate ~~Revolving Credit~~ Committed Funded Exposure of any Non-Defaulting Lender to exceed such Non-Defaulting Lender’s Revolving Commitment. ~~Subject to Section 9.17, 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.. Confidential Materials Omitted and Filed Separately with the Securities and Exchange Commission Pursuant to a Request for Confidential Treatment under Rule 406 under the Securities Act of 1933, as amended. Confidential Portions are marked: [***]

Appears in 2 contracts

Samples: Credit Agreement (Ani Pharmaceuticals Inc), Credit Agreement (Ani Pharmaceuticals Inc)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in L/C ~~Obligations~~ Advances shall be reallocated among the ~~Non~~non-Defaulting Lenders in accordance with their respective ~~Applicable Percentages~~ Pro Rata Shares (calculated without regard to such Defaulting Lender’s Commitment) but only to the extent that such reallocation does not cause the sum of the aggregate ~~Revolving Credit Exposure~~ L/C Advances plus Loans of any ~~Non~~non-Defaulting Lender to exceed such ~~Non~~non-Defaulting ~~Lender~~Xxxxxx’s Commitment. Subject to Section ~~9.17~~13.26, no reallocation hereunder shall constitute a waiver or release of any claim of any party hereunder against a Defaulting Lender arising from that ~~Lender~~ Xxxxxx having become a Defaulting Lender, including any claim of a ~~Non~~non-Defaulting Lender as a result of such ~~Non~~non-Defaulting ~~Lender~~Xxxxxx’s increased exposure following such reallocation.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Nuveen Churchill Direct Lending Corp.), Revolving Credit Agreement (Lafayette Square USA, Inc.)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C Obligations~~ M&T Advances shall be reallocated among the ~~Non-~~Non- Defaulting Lenders in accordance with their respective ~~Applicable Percentages~~ Floor Plan Commitment Percentage (calculated without regard to such Defaulting Lender’s ~~Commitment~~Commitments) but only to the extent that such reallocation does not cause the aggregate ~~Revolving Credit Exposure~~ Outstanding Amount of the Floor Plan Committed Loan of any ~~Non-~~Non- Defaulting Lender to exceed such Non-Defaulting Lender’s Floor Plan Commitment. ~~Subject to Section 9.17, 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-~~Non- Defaulting Lender as a result of such Non-Defaulting Lender’s increased exposure following such reallocation.

Appears in 1 contract

Samples: Credit Agreement (GPB Automotive Portfolio, LP)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in L/C Obligations and Swingline Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective Applicable Percentages (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 to exceed such Non-Defaulting Lender’s Revolving Commitment. Subject to Section ~~9.17~~10.26, no reallocation hereunder shall constitute a waiver or release of any claim of any party hereunder against a Defaulting Lender arising from that ~~Lender~~ Xxxxxx having become a Defaulting Lender, including any claim of a Non-Defaulting Lender as a result of such Non-Defaulting ~~Lender~~Xxxxxx’s increased exposure following such reallocation.

Appears in 1 contract

Samples: Credit Agreement (Globus Medical Inc)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in L/C Obligations shall be reallocated among the ~~Non-~~Lenders that are not Defaulting Lenders in accordance with their respective ~~Applicable Percentages~~ Pro Rata Shares (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~~ principal amount of all outstanding Loans and L/C Obligations of any ~~Non-~~Lender that is not a Defaulting Lender to exceed such ~~Non-Defaulting~~ Lender’s Commitment. Subject to Section ~~9.17~~2.23, 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-~~Lender that is not a Defaulting Lender as a result of such ~~Non-Defaulting~~ Lender’s increased exposure following such reallocation.

Appears in 1 contract

Samples: Revolving Credit Agreement (Cheniere Energy, Inc.)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C Obligations~~ Letter of Credit Liabilities and Swingline Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable~~ Commitment Percentages (~~calculated~~ determined 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 to exceed such Non-Defaulting Lender’s Commitment. Subject to Section ~~9.17~~12.22., no reallocation hereunder shall constitute a waiver or release of any claim of any party hereunder against a Defaulting Lender arising from that ~~Lender~~ Lxxxxx having become a Defaulting Lender, including any claim of a Non-Defaulting Lender as a result of such Non-Defaulting ~~Lender~~Lxxxxx’s increased exposure following such reallocation.

Appears in 1 contract

Samples: Credit Agreement (Diversified Healthcare Trust)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C~~ LC Obligations and Swing Line Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable Percentages~~ Pro Rata Shares (calculated without regard to such Defaulting Lender’s Commitment) but only to the extent that such reallocation does not cause the ~~aggregate Revolving~~ Outstanding Credit Exposure of any Non-Defaulting Lender to exceed such Non-Defaulting Lender’s Commitment. ~~Subject to Section 9.17, 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~~ Lxxxxx having become a Defaulting Lender, including any claim of a Non-Defaulting Lender as a result of such Non-Defaulting ~~Lender~~Lxxxxx’s increased exposure following such reallocation.

Appears in 1 contract

Samples: Credit Agreement (Oklahoma Gas & Electric Co)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C~~ LC Obligations and Swingline Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective Applicable Percentages (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 to exceed such Non-Defaulting Lender’s Commitment. Subject to Section ~~9.17~~15.7, 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 (Sei Investments Co)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in L/C Obligations and Swingline Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective Applicable Percentages (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 such Non-Defaulting Lender to exceed such Non-Defaulting Lender’s Commitment. Subject to Section 9.17, no reallocation hereunder shall constitute a waiver or release of any claim of any party hereunder against a Defaulting Lender arising from that ~~Lender~~ Xxxxxx having become a Defaulting Lender, including any claim of a Non-Defaulting Lender as a result of such Non-Defaulting ~~Lender~~Xxxxxx’s increased exposure following such reallocation.

Appears in 1 contract

Samples: Revolving Credit and Guaranty Agreement (Varex Imaging Corp)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C~~ Letter of Credit Obligations shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable Percentages~~ Pro Rata Shares (calculated without regard to such Defaulting Lender’s Commitment) but only to the extent that such reallocation does not cause the aggregate ~~Revolving Credit~~ Loan Exposure of any Non-Defaulting Lender to exceed such Non-Defaulting Lender’s Commitment. Subject to Section ~~9.17~~9.31, 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: Revolving Credit Agreement (Empire Resorts Inc)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s ~~participation in L/C~~ LOC Obligations and Swingline Loans shall automatically be reallocated among the Non-Defaulting Lenders in accordance with their respective Applicable Percentages (calculated without regard to such Defaulting Lender’s Revolving Commitment) but only to the extent that such reallocation does not cause the aggregate ~~Revolving Credit~~ Committed Funded Exposure of any Non-Defaulting Lender to exceed such Non-Defaulting Lender’s Revolving Commitment. Subject to Section ~~9.17~~9.30, 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 (Innophos Holdings, Inc.)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C Obligations~~ LC Exposure and Swingline Exposure of each Class shall be reallocated among the Non-Defaulting Lenders in accordance with their respective Applicable Dollar Percentages or Applicable Multicurrency Percentages (calculated without regard to such Defaulting Lender’s ~~Commitment)~~ Commitment of the applicable Class), as applicable, but only to the extent that (x) the conditions set forth in Section 4.02 are satisfied at the time of such reallocation, and (y) such reallocation does not cause the aggregate Revolving Dollar Credit Exposure or Revolving Multicurrency Credit Exposure, as applicable, of any Non-Defaulting Lender to exceed such Non-Defaulting Lender’s Dollar Commitment or Multicurrency Commitment, as applicable. ~~Subject to Section 9.17, 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.~~having

Appears in 1 contract

Samples: Secured Revolving Credit Agreement (BlackRock Capital Investment Corp)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C~~ Letter of Credit Obligations shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable Percentages~~ Pro Rata Shares (calculated without regard to such Defaulting Lender’s Commitment) but only to the extent ~~that~~ such reallocation does not cause the aggregate ~~Revolving~~ outstanding amount of all Advances of any Non-Defaulting Lender plus the Letter of Credit Exposure of ~~any~~ such Non-Defaulting Lender to exceed such Non-Defaulting Lender’s Commitment. ~~Subject to Section 9.17, 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 (Triangle Petroleum Corp)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in L/C Obligations and Swingline Loans shall be reallocated from time to time as necessary among the Non-Defaulting Lenders in accordance with their respective ~~Applicable~~ Commitment Percentages (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 to exceed such Non-Defaulting Lender’s Commitment. ~~Subject to Section 9.17, 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 (Kforce Inc)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C Obligations~~ Letters of Credit and Swing Line Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable Percentages~~ pro rata Commitments (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 to exceed such Non-Defaulting Lender’s Revolving Commitment. Subject to Section ~~9.17~~10.28, 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: First Amendment (Las Vegas Sands Corp)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s ~~participation in L/C Obligations~~ LC Exposure and Swingline Exposure shall be reallocated among the Non-Defaulting Lenders in accordance with their respective Applicable Percentages (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~~ Exposures of any Non-Defaulting Lender to exceed such Non-Defaulting Lender’s ~~Commitment~~Revolving Commitments. ~~Subject to Section 9.17, 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 (Pilgrims Pride Corp)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in L/C Obligations shall be reallocated among the ~~Non-~~Lenders that are not Defaulting Lenders in accordance with their respective ~~Applicable Percentages~~ Pro Rata Shares (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~~ principal amount of all outstanding Loans and L/C Obligations of any ~~Non-~~Lender that is not a Defaulting Lender to exceed such ~~Non-Defaulting~~ Lender’s Commitment. Subject to Section ~~9.17~~2.23, no reallocation hereunder shall constitute a waiver or release of any claim of any party hereunder against a Defaulting Lender arising from that ~~Lender~~ Xxxxxx having become a Defaulting Lender, including any claim of a ~~Non-~~Lender that is not a Defaulting Lender as a result of such ~~Non-Defaulting Lender~~Xxxxxx’s increased exposure following such reallocation.

Appears in 1 contract

Samples: Revolving Credit Agreement (Cheniere Energy, Inc.)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in L/C Obligations and Swingline Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable~~ Pro Rata Percentages (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 to exceed such ~~Non-~~Non- Defaulting Lender’s Revolving Commitment. ~~Subject to Section 9.17, 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: Security Agreement (Houghton Mifflin Harcourt Co)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C~~ Letter of Credit Obligations and Swingline Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable Percentages~~ Pro Rata Shares (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 to exceed such Non-Defaulting Lender’s Revolving Commitment. Subject to Section ~~9.17~~9.33, 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 and Term Loan Agreement (Penn National Gaming Inc)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s ~~participation in L/C Obligations~~ LC Exposure shall be reallocated among the Non-Defaulting Lenders that are Revolving Lenders in accordance with their respective ~~Applicable~~ Revolving Percentages (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 to exceed such Non-Defaulting Lender’s Commitment. Subject to Section 9.17, 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: Possession Credit Agreement (Windstream Services, LLC)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s 's participation in ~~L/C~~ Letter of Credit Obligations shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable Percentages~~ Pro Rata Shares (calculated without regard to such Defaulting Lender’s 's Commitment) but only to the extent that such reallocation does not cause the aggregate ~~Revolving Credit Exposure~~ Commitments of any Non-Defaulting Lender to exceed such Non-Defaulting Lender’s 's Commitment. ~~Subject to Section 9.17, 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 's increased exposure following such reallocation.

Appears in 1 contract

Samples: Credit Agreement (Isramco Inc)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C Obligations~~ LC Exposure and Swingline Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective Applicable Percentages (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 to exceed such ~~Non-Defaulting Lender~~Lxxxxx’s Revolving Commitment. Subject to Section ~~9.17~~9.22, no reallocation hereunder shall constitute a waiver or release of any claim of any party hereunder against a Defaulting Lender arising from that ~~Lender~~ Lxxxxx having become a Defaulting Lender, including any claim of a Non-Defaulting Lender as a result of such Non-Defaulting ~~Lender~~Lxxxxx’s increased exposure following such reallocation.

Appears in 1 contract

Samples: Credit Agreement (Rite Aid Corp)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C Obligations~~ Letters of Credit and Swing Line Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable Percentages~~ applicable Pro Rata Shares (calculated without regard to such Defaulting Lender’s Revolving Commitment) but only to the extent that such reallocation does not cause the aggregate Revolving ~~Credit~~ Exposure of any Non-Defaulting Lender to exceed such Non-Defaulting Lender’s Revolving Commitment. ~~Subject to Section 9.17, no~~ No reallocation hereunder shall constitute a waiver or release of any claim of any party hereunder against a Defaulting Lender arising from ~~that~~ such 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 and Guaranty Agreement (Tivity Health, Inc.)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in L/C ~~Obligations~~ Exposure shall be reallocated among the Non-Defaulting Lenders in accordance with their respective Applicable Percentages (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 to exceed such Non-Defaulting Lender’s Commitment. Subject to Section ~~9.17~~10.22, 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 (El Paso Electric Co /Tx/)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in L/C Obligations and Swingline Loans shall be reallocated from time to time as necessary among the Non-Defaulting Lenders in accordance with their respective ~~Applicable~~ Commitment Percentages (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 to exceed such Non-Defaulting Lender’s Commitment. ~~Subject to Section 9.17, 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~~ Xxxxxx having become a Defaulting Lender, including any claim of a Non-Defaulting Lender as a result of such Non-Defaulting ~~Lender~~Xxxxxx’s increased exposure following such reallocation.

Appears in 1 contract

Samples: Credit Agreement (Kforce Inc)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in L/C Obligations and Swing Line Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective Applicable Percentages (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~~ Applicable Percentage of any Non-Defaulting Lender in the Total Outstandings to exceed such Non-Defaulting Lender’s Commitment. ~~Subject to Section 9.17, 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 (El Paso Pipeline Partners, L.P.)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C Obligations~~ Letters of Credit shall be reallocated among the Non-Defaulting Lenders in accordance with their respective Applicable Percentages (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 to exceed such Non-Defaulting Lender’s Commitment. ~~Subject to Section 9.17, 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 (Rackspace Hosting, Inc.)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C Obligations~~ Letters of Credit and Swingline Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable Percentages~~ pro rata Commitments (calculated without regard to such Defaulting Lender’s Commitment) but only to the extent that such reallocation does not cause the aggregate Revolving Facility Credit Exposure of any Non-Defaulting Lender to exceed such Non-Defaulting Lender’s Revolving Facility Commitment. ~~Subject to Section 9.17, 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~~ Lxxxxx having become a Defaulting Lender, including any claim of a Non-Defaulting Lender as a result of such Non-Defaulting ~~Lender~~Lxxxxx’s increased exposure following such reallocation.

Appears in 1 contract

Samples: Credit Agreement (SeaWorld Entertainment, Inc.)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in L/C Obligations and Swingline Loans shall be reallocated among the ~~Non-Defaulting~~ Non‑Defaulting Lenders in accordance with their respective Applicable Percentages (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~~ Non‑Defaulting Lender to exceed such ~~Non-Defaulting~~ Non‑Defaulting Lender’s Commitment. Subject to Section ~~9.17~~9.19, 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~~ Non‑Defaulting Lender as a result of such ~~Non-Defaulting~~ Non‑Defaulting Lender’s increased exposure following such reallocation.

Appears in 1 contract

Samples: Credit Agreement (Duluth Holdings Inc.)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s 's participation in ~~L/C~~ Letter of Credit Obligations shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable Percentages~~ Pro Rata Shares (calculated without regard to such Defaulting Lender’s 's Commitment) but only to the extent that such reallocation does not cause the aggregate ~~Revolving~~ outstanding amount of all Loans of any Non-Defaulting Lender plus the Letter of Credit Exposure of ~~any~~ such Non-Defaulting Lender to exceed such Non-Defaulting Lender’s 's Commitment. ~~Subject to Section 9.17, 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 's increased exposure following such reallocation.

Appears in 1 contract

Samples: Credit Agreement (Extraction Oil & Gas, Inc.)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C~~ LOC Obligations and Swingline Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable~~ Commitment Percentages (~~calculated~~ determined 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 to exceed such Non-Defaulting Lender’s Commitment. Subject to Section ~~9.17~~10.21, 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 (Hyatt Hotels Corp)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in L/C Obligations and Swingline Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable Percentages~~ Revolving Credit Commitment Percentage (calculated without regard to such Defaulting Lender’s ~~Commitment~~Commitments) but only to the extent that such reallocation does not cause the aggregate Revolving Credit Exposure of any Non-Defaulting Lender to exceed such Non-Defaulting Lender’s Revolving Credit Commitment. ~~Subject to Section 9.17, 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 (CrossAmerica Partners LP)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C~~ Letter of Credit Obligations and Swing Loans shall be reallocated among the ~~Non~~non-Defaulting Lenders in accordance with their respective ~~Applicable Percentages~~ Ratable Shares (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~~ Facility Usage of any ~~Non~~non-Defaulting Lender to exceed such ~~Non~~non-Defaulting Lender’s Revolving Credit Commitment. ~~Subject to Section 9.17, 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~~ Xxxxxx having become a Defaulting Lender, including any claim of a ~~Non~~non-Defaulting Lender as a result of such ~~Non~~non-Defaulting ~~Lender~~Xxxxxx’s increased exposure following such reallocation.

Appears in 1 contract

Samples: Credit Agreement (Helios Technologies, Inc.)

Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in ~~L/C Obligations~~ Letters of Credit shall be reallocated among the Non-Defaulting Lenders in accordance with their respective ~~Applicable Percentages (calculated without regard to such Defaulting Lender’s Commitment)~~ pro rata portion of the L/C Obligations but only to the extent that such reallocation does not cause the aggregate Total Revolving ~~Credit Exposure~~ Outstandings of any Non-Defaulting Lender to exceed such Non-Defaulting Lender’s Revolving Commitment. Subject to Section ~~9.17~~11.23, 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 (MGM Resorts International)

Common use of Reallocation of Participations to Reduce Fronting Exposure Clause in Contracts