Rights and Remedies against a Defaulting Lender Sample Clauses

Rights and Remedies against a Defaulting Lender. The Borrower may replace or remove any Defaulting Lender in accordance with Section 10.13. The rights and remedies against, and with respect to, a Defaulting Lender under this Section 2.16, are in addition to, and cumulative of, all other rights and remedies that the Administrative Agent, the Swing Line Lender, any Lender, any L/C Issuer, the Borrower or any other Loan Party may, at any time, have against, or with respect to, such Defaulting Lender.

Rights and Remedies against a Defaulting Lender. The Company may replace any Defaulting Lender in accordance with Section 11.13. The rights and remedies against, and with respect to, a Defaulting Lender under this Section 2.18 are in addition to, and cumulative and not in limitation of, all other rights and remedies that each of the Administrative Agent, the L/C Issuers, the Lenders and the Loan Parties may, at any time, have against, or with respect to, such Defaulting Lender.

Rights and Remedies against a Defaulting Lender. The rights and remedies against, and with respect to, a Defaulting Lender under this Section 2.17 and any other provision of any Loan Document are in addition to, and cumulative with, and not in limitation of, all other rights and remedies that any Person from time to time a party hereto may have against, or with respect to, such Defaulting Lender.

Rights and Remedies against a Defaulting Lender. If any Defaulting Lender fails to fund all or any portion of such ▇▇▇▇▇▇’s Commitment of the Loan or fails to reimburse Agent for its ratable portion of Agent’s costs and expenses pursuant to the terms of this Agreement or any of the other Loan Documents, within five (5) days of demand (the aggregate amount which the Defaulting Lender fails to pay or fund is referred to as the “Defaulted Amount”), then, in addition to the rights and remedies that may be available to the other Lenders (the “Non-Defaulting Lenders”) at law and in equity:

Rights and Remedies against a Defaulting Lender. If and to the extent that any Lender (the "Defaulting Lender") shall be subject to any bankruptcy or similar proceeding in which such Lender is a debtor, or fails to make available to Agent its ratable portion of any Advance to Borrowers pursuant to Section 3.3 or fails to reimburse Agent pursuant to Section 13.5 for its ratable portion of any Lender Expenses, Losses and other expenses or amounts incurred or paid by Agent in connection with the Loan (individually, a "Deficiency", and collectively, "Deficiencies"), the following shall apply: (a) If Agent has advanced such amount to the Borrowers, such Defaulting Lender and the Borrowers severally agree to repay to Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date such amount is made available to the Borrowers until the date such amount is repaid to Agent at (i) in the case of Borrower, the Applicable Interest Rate and (ii) in the case of the Defaulting Lender, 500 basis points (5%) in excess of the Federal Funds Rate. If such Defaulting Lender shall repay to Agent such corresponding amount, such amount (excluding interest) so repaid shall constitute such Defaulting Lender's ratable portion of the Advance and the Borrowers shall have no further obligation to repay such amount forthwith on demand, but such amount shall be treated as an Advance hereunder. Each of the Lenders agrees that the other Lenders shall have the right to proceed directly against any Defaulting Lender in respect of any right or claim arising out of the default of such Defaulting Lender hereunder. If there shall be a Deficiency in respect of any Lender, the other Lenders, or any of them, shall have the right, but not the obligation, to advance all or any part of the ratable portion of an Advance that should have been made by the Defaulting Lender, and the Defaulting Lender agrees to repay upon demand to each of the Lenders who has advanced a portion of the Deficiency the amount advanced on behalf of the Defaulting Lender, together with interest thereon at the Default Rate. If more than one Lender elects to advance a portion of the Deficiency such Lenders' advances shall be made based on the relative ratable shares of the Loan of each advancing Lender or as otherwise agreed to by such Lenders. (b) If any Defaulting Lender shall owe a Deficiency to Agent on account of the failure of such Defaulting Lender to reimburse Agent or such Lender pursuant to Section 13.5, such Defaulting ...

Rights and Remedies against a Defaulting Lender. The rights and remedies against, and with respect to, a Defaulting Lender or, to the extent applicable, any Impacted Lender under this Section 2.16, are in addition to, and cumulative of, all other rights and remedies that the Administrative Agent, any Lender, any L/C Issuer, the Borrower or any other Loan Party may, at any time, have against, or with respect to, such Defaulting Lender or any Impacted Lender.