Common use of Several Commitments Clause in Contracts

Several Commitments. The Commitments and other obligations of the Banks under this Agreement are several. The default by any Bank in making a Loan in accordance with its Commitment shall not relieve the other Banks of their obligations under this Agreement. In the event of any default by any Bank in making any Loan, each nondefaulting Bank shall be obligated to make its Loan but shall not be obligated to advance the amount which the defaulting Bank was required to advance hereunder. In no event shall any Bank be required to advance an amount or amounts with respect to any of the Loans which would in the aggregate exceed such Bank's Commitment with respect to such Loans. No Bank shall be responsible for any act or omission of any other Bank. Notwithstanding anything to the contrary contained in this Agreement or any of the other Loan Documents, any Bank that fails to make available to the Agent its pro rata share of any Loan or to purchase its pro rata share of any Letter of Credit as, when and to the full extent required by the provisions of this Agreement, shall be deemed delinquent (a "Non-Funding Bank") and shall be deemed a Non-Funding Bank until such time as such delinquency is satisfied. A Non-Funding Bank shall be deemed to have assigned any and all payments due to it from the Loan Parties, whether on account of outstanding Loans, the Letter of Credit, interest, fees or otherwise, to the remaining non-delinquent Banks for application to, and reduction of, their respective pro rata shares of all outstanding Loans, Letters of Credit, fees and/or otherwise. As among the Banks, a Non-Funding Bank shall be deemed to have satisfied in full a delinquency when and if, as a result of application of the assigned payments to all outstanding Loans, etc. of the non-delinquent Banks, the Banks' respective pro rata shares of all outstanding Loans and Letters of Credit have returned to those in effect immediately prior to such delinquency and without giving effect to the nonpayment causing such delinquency.

Several Commitments. The Commitments and other obligations of the Banks under this Agreement are several. The default by any Bank in making a Loan in accordance with its Commitment shall not relieve the other Banks of their obligations under this Agreement. In the event of any default by any Bank in making any Loan, each nondefaulting Bank shall be obligated to make its Loan but shall not be obligated to advance the amount which the defaulting Bank was required to advance hereunder. In no event shall any Bank be required to advance an amount or amounts with respect to any of the Loans which would in the aggregate exceed such Bank's Commitment with respect to such Loans. No Bank shall be responsible for any act or omission of any other Bank. Notwithstanding anything to the contrary contained in this Agreement or any of the other Loan Documents, any Bank that fails to make available to the Agent its pro rata share of any Loan or to purchase its pro rata share of any Letter of Credit as, when and to the full extent required by the provisions of this Agreement, shall be deemed delinquent (a "Non-Non- Funding Bank") and shall be deemed a Non-Funding Bank until such time as such delinquency is satisfied. A Non-Funding Bank shall be deemed to have assigned any and all payments due to it from the Loan Parties, whether on account of outstanding Loans, the Letter of Credit, interest, fees or otherwise, to the remaining non-delinquent Banks for application to, and reduction of, their respective pro rata shares of all outstanding Loans, Letters of Credit, fees and/or otherwise. As among the Banks, a Non-Funding Bank shall be deemed to have satisfied in full a delinquency when and if, as a result of application of the assigned payments to all outstanding Loans, etc. of the non-delinquent Banks, the Banks' respective pro rata shares of all outstanding Loans and Letters of Credit have returned to those in effect immediately prior to such delinquency and without giving effect to the nonpayment causing such delinquency.