TREATMENT OF BANK FAILING TO FUND Sample Clauses

TREATMENT OF BANK FAILING TO FUND. To the extent any Bank fails to make available to the Administrative Agent such Bank's Ratable Portion of Revolving Credit Borrowings or Term Borrowings hereunder or such Bank's participation purchase price for its participating interests in unpaid reimbursement obligation with respect to Letters of Credit hereunder, the Administrative Agent shall not be obligated to transfer to such Bank any payments made by the Borrowers to the Administrative Agent for the benefit of such Bank until the Bank has cured its failure. Until the earlier of such Bank's cure of its failure to fund or the termination of the Revolving Credit Commitments, all amounts repaid to the Administrative Agent by the Borrowers which would otherwise be required to be applied to such Bank's Ratable Portion of the Revolving Credit Advances or participation purchase price, as the case may be, shall be advanced to the Borrowers by the Administrative Agent on behalf such Bank to cure, in full or in part, the failure by such Bank to fund, but shall nevertheless be deemed to have been paid to such Bank in satisfaction of the Obligations to which such payment would otherwise have been applied. Notwithstanding anything contained herein to the contrary, no such Bank failing to fund shall have any voting or consent rights under or with respect to the Loan Documents or constitute a "Bank" (or be included in the calculation of "Required Banks" hereunder) for any voting or consent rights under or with respect to any Loan Document. The terms of this Section 2.8(c) shall: (i) remain effective with respect to such defaulting Bank until such time as the Bank failing to fund shall no longer be in default of any of its obligations under this Agreement and (ii) shall not relieve or excuse the performance by the Borrowers of any duties or obligations hereunder.

TREATMENT OF BANK FAILING TO FUND. To the extent any Bank fails to make available to the Administrative Agent or the applicable Designated European Administrative Agent, as the case may be, such Bank's Ratable Portion of Revolving Credit Borrowings or Term Borrowings hereunder or such Bank's participation purchase price for its participating interests hereunder, the Administrative Agent or such Designated European Administrative Agent shall not be obligated to transfer to such Bank any payments made by a Borrower to the Administrative Agent or such Designated European Administrative Agent for the benefit of such Bank until such Bank's cure of such failure. Until the earlier of such Bank's cure of such failure or the termination of the Commitments of the Banks and the Aggregate Swing Line Commitment of the Designated Swing Line Lenders, all amounts repaid to the Administrative Agent or such Designated European Administrative Agent, as the case may be, by a Borrower which would otherwise be required to be applied to such Bank's Ratable Portion of the Obligations shall be advanced to such Borrower, the affected Designated Swing Line Lender or Designated Letter of Credit Issuer, as applicable, by the Administrative Agent or such Designated European Administrative Agent, as the case may be, on behalf such Bank to cure, in full or in part, the failure by such Bank, but shall nevertheless be deemed to have been paid to such Bank in satisfaction of the Obligations to which such payment would otherwise have been applied.