LOANS FROM THE LENDERS OTHER
THAN THE DEFAULTING LENDERS AND ANY ALLOCATION OF REQUESTED REVOLVING LOANS
BETWEEN THEM.
THE RIGHTS OF A DEFAULTING LENDER SHALL BE LIMITED AS PROVIDED
HEREIN UNTIL SUCH TIME AS THE DEFAULTING LENDER HAS MADE ALL PAYMENTS TO AGENT
OF THE AMOUNTS THAT IT HAD FAILED TO PAY CAUSING IT TO BECOME A DEFAULTING
LENDER AND IS OTHERWISE IN COMPLIANCE WITH THE TERMS OF THIS AGREEMENT
(INCLUDING MAKING ANY SUCH PAYMENTS AS IT WOULD HAVE BEEN REQUIRED TO MAKE AS A
LENDER DURING THE PERIOD THAT IT WAS A DEFAULTING LENDER OTHER THAN IN RESPECT
OF THE PRINCIPAL AMOUNT OF REVOLVING LOANS,
65
WHICH PAYMENTS AS TO THE PRINCIPAL AMOUNT OF REVOLVING LOANS SHALL BE MADE BASED
ON THE OUTSTANDING BALANCE THEREOF ON THE DATE OF THE CURE BY DEFAULTING LENDER
OR AT SUCH OTHER TIME AS AGENT MAY SPECIFY).
UPON THE CURE BY DEFAULTING LENDER
OF THE EVENT THAT IS THE BASIS FOR IT TO BE A DEFAULTING LENDER BY MAKING SUCH
PAYMENT OR PAYMENTS, SUCH LENDER SHALL CEASE TO BE A DEFAULTING LENDER AND SHALL
BE ENTITLED TO PAYMENT OF INTEREST TO THE EXTENT PREVIOUSLY RECEIVED AND
RETAINED BY AGENT FROM OR FOR THE ACCOUNT OF BORROWERS ON THE FUNDS CONSTITUTING
LOANS FUNDED BY SUCH LENDER PRIOR TO THE DATE OF IT BEING A DEFAULTING LENDER
(AND NOT PREVIOUSLY PAID TO SUCH LENDER) AND SHALL OTHERWISE, ON AND AFTER SUCH
CURE, MAKE LOANS AND SETTLE IN RESPECT OF THE LOANS AND OTHER OBLIGATIONS IN
ACCORDANCE WITH THE TERMS HEREOF. THE EXISTENCE OF A DEFAULTING LENDER AND THE
OPERATION OF THIS SECTION SHALL NOT BE CONSTRUED TO INCREASE OR OTHERWISE AFFECT
THE COMMITMENT OF ANY LENDER, OR RELIEVE OR EXCUSE THE PERFORMANCE BY ANY
BORROWER OF ITS DUTIES AND OBLIGATIONS HEREUNDER.
(G)
NOTHING IN THIS SECTION OR ELSEWHERE IN THIS AGREEMENT OR
THE OTHER FINANCING AGREEMENTS SHALL BE DEEMED TO REQUIRE AGENT TO ADVANCE FUNDS
ON BEHALF OF ANY LENDER OR TO RELIEVE ANY LENDER FROM ITS OBLIGATION TO FULFILL
ITS COMMITMENT HEREUNDER OR TO PREJUDICE ANY RIGHTS THAT ANY BORROWER MAY HAVE
AGAINST ANY LENDER AS A RESULT OF ANY DEFAULT BY ANY LENDER HEREUNDER IN
FULFILLING ITS COMMITMENT.
6.13
OBLIGATIONS SEVERAL; INDEPENDENT NATURE OF LENDERS' RIGHTS.
THE
OBLIGATION OF EACH LENDER HEREUNDER IS SEVERAL, AND NO LENDER SHALL BE
RESPONSIBLE FOR THE OBLIGATION OR COMMITMENT OF ANY OTHER LENDER HEREUNDER.
NOTHING CONTAINED IN THIS AGREEMENT OR ANY OF THE OTHER FINANCING AGREEMENTS AND
NO ACTION TAKEN BY THE LENDERS PURSUANT HERETO OR THERETO SHALL BE DEEMED TO
CONSTITUTE THE LENDERS TO BE A PARTNERSHIP, AN ASSOCIATION, A JOINT VENTURE OR
ANY OTHER KIND OF ENTITY.
THE AMOUNTS PAYABLE AT ANY TIME HEREUNDER TO EACH
LENDER SHALL BE A SEPARATE AND INDEPENDENT DEBT, AND SUBJECT TO SECTION 12.3
HEREOF, EACH LENDER SHALL BE ENTITLED TO PROTECT AND ENFORCE ITS RIGHTS ARISING
OUT OF THIS AGREEMENT AND IT SHALL NOT BE NECESSARY FOR ANY OTHER LENDER TO BE
JOINED AS AN ADDITIONAL PARTY IN