Common use of Proration of Payments Clause in Contracts

Proration of Payments. Except for payments to the Swing Line Bank in respect of Swing Line Loans, if any Bank shall obtain any payment or other recovery (whether voluntary, involuntary, by application of offset or otherwise, but excluding any payment pursuant to Section 7.7 or 14.9 and payments of interest on any Affected Loan) on account of principal of or interest on the Loans (or on account of its participation in any Letter of Credit or Swing Line Loan) in excess of its pro rata share of payments and other recoveries obtained by all Banks on account of principal of and interest on any Loan (or such participation) then held by them, such Bank shall purchase from the other Banks such participations in the Loans (or sub-participations in Letters of Credit or Swing Line Loans) held by them as shall be necessary to cause such purchasing Bank to share the excess payment or other recovery ratably with each of them; provided that if all or any portion of the excess payment or other recovery is thereafter recovered from such purchasing Bank, the purchase shall be rescinded and the purchase price restored to the extent of such recovery.

Proration of Payments. Except for payments to the Swing Line Bank in respect of Swing Line Loans, if If any Bank shall obtain any payment or other recovery (whether voluntary, involuntary, by application of offset or otherwise, but excluding any payment pursuant to Section 7.7 SECTION 8.7 or 14.9 and payments or any payment to the Swing Line Bank in respect of interest on any Affected a Swing Line Loan) on account of principal of or interest on the Loans any Loan (or on account of its participation in any Letter of Credit or Swing Line Loan) in excess of its pro rata share of payments and other recoveries obtained by all Banks on account of principal of and interest on any Loan Loans (or such participationparticipations) then held by them, such Bank shall purchase from the other Banks such participations participation in the Loans (or sub-participations in Letters of Credit or Swing Line Loans) held by them as shall be necessary to cause such purchasing Bank to share the excess payment or other recovery ratably with each of them; provided PROVIDED that if all or any portion of the excess payment or other recovery is thereafter recovered from such purchasing Bank, the purchase shall be rescinded and the purchase price restored to the extent of such recovery.

Proration of Payments. Except for payments to the Swing Line Bank in respect of Swing Line Loans, if (a) If any Bank Lender shall obtain any payment or other recovery (whether voluntary, involuntary, by application of offset or otherwise, on account of (i) principal of or interest on any Loan, but excluding (x) any payment pursuant to Section 7.7 8.7 or 14.9 15.5 and (y) payments of interest on any Affected Loan) on account of principal of or interest on the Loans (or on account of ii) its participation in any Letter of Credit or Swing Line Loan) Loans in excess of its pro rata share applicable Pro Rata Share of payments and other recoveries obtained by all Banks Lenders on account of principal of and interest on any Loan the Loans (or such participation) then held by them, then such Bank Lender shall purchase from the other Banks Lenders such participations in the Loans (or sub-participations in Letters of Credit or Swing Line LoansCredit) held by them as shall be necessary to cause such purchasing Bank Lender to share the excess payment or other recovery ratably with each of them; provided that if all or any portion of the excess payment or other recovery is thereafter recovered from such purchasing BankLender, the purchase shall be rescinded and the purchase price restored to the extent of such recovery.

Proration of Payments. Except for payments to the Swing Line Bank in respect of Swing Line Loans, if If any Bank shall obtain any payment or other recovery (whether voluntary, involuntary, by application of offset or otherwise, but excluding any payment pursuant to Section 7.7 8.7 or in connection with an assignment or participation pursuant to Section 14.9 and payments or any payment to the Swing Line Bank in respect of interest on any Affected a Swing Line Loan) on account of principal of or interest on the Loans any Loan (or on account of its participation in any Letter of Credit or Swing Line Loan) in excess of its pro rata share of payments and other recoveries obtained by all Banks on account of principal of and interest on any Loan Loans (or such participationparticipations) then held by them, such Bank shall purchase from the other Banks such participations participation in the Loans (or sub-participations in Letters of Credit or Swing Line Loans) held by them as shall be necessary to cause such purchasing Bank to share the excess payment or other recovery ratably with each of them; provided that if all or any portion of the excess payment or other recovery is thereafter recovered from such purchasing Bank, the purchase shall be rescinded and the purchase price restored to the extent of such recovery.

Proration of Payments. Except for payments to the Swing Line Bank in respect of Swing Line Loans, if If any Bank Lender shall obtain any payment or other recovery (whether voluntary, involuntary, by application of offset or otherwise, but excluding any payment pursuant to Section 7.7 8.7 or 14.9 and payments 15.9 or any payment to the Swing Line Lender in respect of interest on any Affected a Swing Line Loan) on account of principal of or interest on the any of its Loans (or on account of its participation in any Letter of other Credit or Swing Line LoanExtension) in excess of its pro rata share (in accordance with the terms of this Agreement) of payments and other recoveries obtained by all Banks Lenders on account of principal of and interest on any Loan their respective Loans (or such participationparticipations) then held by them, such Bank Lender shall purchase from the other Banks Lenders such participations participation in the Loans (or sub-participations in Letters of the other Credit or Swing Line LoansExtensions) held by them as shall be necessary to cause such purchasing Bank Lender to share the excess payment or other recovery ratably with each of them; provided that if all or any portion of the excess payment or other recovery is thereafter recovered from such purchasing BankLender, the purchase shall be rescinded and the purchase price restored to the extent of such recovery.. 35 7.6

Proration of Payments. Except for payments to the Swing Line Bank in respect of Swing Line Loans, if any Bank shall obtain any payment or other recovery (whether voluntary, involuntary, by application of offset or otherwise, but excluding any payment pursuant to Section 7.7 or 14.9 and payments of interest on any Affected Loan) on account of principal of or interest on the Loans any Loan (or on account of its participation in any Letter of Credit or Swing Line Loan) in excess of its pro rata share of payments and other recoveries obtained by all Banks on account of principal of and interest on any Loan the Loans (or such participation) then held by them, such Bank shall purchase from the other Banks such participations in the Loans (or sub-participations in Letters of Credit or Swing Line Loans) held by them as shall be necessary to cause such purchasing Bank to share the excess payment or other recovery ratably with each of them; provided that if all or any portion of the excess payment or other recovery is thereafter recovered from such purchasing Bank, the purchase shall be rescinded and the purchase price restored to the extent of such recovery.

Proration of Payments. Except for payments to the Swing Line Bank in respect of Swing Line Loans, if If any Bank shall obtain any payment or other recovery (whether voluntary, involuntary, by application of offset or otherwise, but excluding any payment pursuant to Section 7.7 8.7 or 14.9 and payments or any payment to the Swing Line Bank in respect of interest on any Affected a Swing Line Loan) on account of principal of or interest on the Loans any Loan (or on account of its participation in any Letter of Credit or Swing Line Loan) in excess of its pro rata share (in accordance with the terms of this Agreement) of payments and other recoveries obtained by all Banks on account of principal of and interest on any Loan Loans (or such participationparticipations) then held by them, such Bank shall purchase from the other Banks such participations participation in the Loans (or sub-sub- participations in Letters of Credit or Swing Line Loans) held by them as shall be necessary to cause such purchasing Bank to share the excess payment or other recovery ratably with each of them; provided that if all or any portion of the excess payment or other recovery is thereafter recovered from such purchasing Bank, the purchase shall be rescinded and the purchase price restored to the extent of such recovery.

Proration of Payments. Except for payments to the Swing Line Bank in respect of Swing Line Loans, if If any Bank shall obtain any payment or other recovery (whether voluntary, involuntary, by application of offset or otherwise, but excluding any payment pursuant to Section 7.7 SECTION 8.7 or 14.9 and payments or any payment to the Swing Line Bank in respect of interest on any Affected a Swing Line Loan) on account of principal of or interest on the Loans any Note (or on account of its participation in any Letter of Credit or Swing Line Loan) in excess of its pro rata share of payments and other recoveries obtained by all Banks on account of principal of and interest on any Loan Notes (or such participation) then held by them, such Bank shall purchase from the other Banks such participations participation in the Loans Notes (or sub-participations participation in Letters of Credit or Swing Line Loans) held by them as shall be necessary to cause such purchasing Bank to share the excess payment or other recovery ratably with each of them; provided PROVIDED, HOWEVER, that if all or any portion of the excess payment or other recovery is thereafter recovered from such purchasing Bank, the purchase shall be rescinded and the purchase price restored to the extent of such recovery.

Proration of Payments. Except for payments to the Swing Line Bank in respect of Swing Line Loans, if If any Bank shall obtain any payment or other recovery (whether voluntary, involuntary, by application of offset or otherwise, but excluding any payment pursuant to Section 7.7 SECTION 8.7 or 14.9 and payments or any payment to the Swing Line Bank in respect of interest on any Affected a Swing Line Loan) on account of principal of or interest on the Loans any Note (or on account of its participation in any Letter of Credit or Swing Line Loan) in excess of its pro rata share of payments and other recoveries obtained by all Banks on account of principal of and interest on any Loan Notes (or such participation) then held by them, such Bank shall purchase from the other Banks such participations participation in the Loans Notes (or sub-participations sub- participation in Letters of Credit or Swing Line Loans) held by them as shall be necessary to cause such purchasing Bank to share the excess payment or other recovery ratably with each of them; provided PROVIDED, HOWEVER, that if all or any portion of the excess payment or other recovery is thereafter recovered from such purchasing Bank, the purchase shall be rescinded and the purchase price restored to the extent of such recovery.

Proration of Payments. Except for payments to the Swing Line Bank in respect of Swing Line Loans, if If any Bank Lender shall obtain any payment or other recovery (whether voluntary, involuntary, by application of offset set-off or otherwise, on account of (a) principal of or interest on any Loan, but excluding (i) any payment pursuant to Section 7.7 Sections 3.1, 3.2, 3.7 or 14.9 10.8 and (ii) payments of interest on any Affected LoanBase Rate Loan referred to in the last sentence of Section 3.4, or (b) on account of principal of or interest on the Loans (or on account of its participation in any Letter of Credit or Swing Line LoanCredit) in excess of its pro rata share applicable Pro Rata Share of payments and other recoveries obtained by all Banks Lenders on account of principal of and interest on any Loan the Loans (or such participation) then held by them, then such Bank Lender shall purchase from the other Banks Lenders such participations in the Loans (or sub-participations in Letters of Credit or Swing Line Loans) held by them as shall be necessary to cause such purchasing Bank Lender to share the excess payment or other recovery ratably with each of them; provided that if all or any portion of the excess payment or other recovery is thereafter recovered from such purchasing BankLender, the purchase shall be rescinded and the purchase price restored to the extent of such recovery.

Proration of Payments. Except for payments to the Swing Line Bank in respect of Swing Line Loans, if If any Bank Lender shall obtain any payment or other recovery (whether voluntary, involuntary, by application of offset or otherwise, but excluding any payment pursuant to Section 7.7 8.7 or 14.9 and payments 15.9 or any payment to the Swing Line Lender in respect of interest on any Affected a Swing Line Loan) on account of principal of or interest on the any of its Loans (or on account of its participation in any Letter of other Credit or Swing Line LoanExtension) in excess of its pro rata share (in accordance with the terms of this Agreement) of payments and other recoveries obtained by all Banks Lenders on account of principal of and interest on any Loan their respective Loans (or such participationparticipations) then held by them, such Bank Lender shall purchase from the other Banks Lenders such participations participation in the Loans (or sub-participations in Letters of the other Credit or Swing Line LoansExtensions) held by them as shall be necessary to cause such purchasing Bank Lender to share the excess payment or other recovery ratably with each of them; provided that if all or any portion of the excess payment or other recovery is thereafter recovered from such purchasing BankLender, the purchase shall be rescinded and the purchase price restored to the extent of such recovery.. 7.6

Proration of Payments. Except for payments to the Swing Line Bank in respect of Swing Line Loans, if If any Bank shall obtain any payment or other recovery (whether voluntary, involuntary, by application of offset or otherwise, but excluding any payment pursuant to Section 7.7 8.7 or 14.9 and payments or any payment to the Swing Line Bank in respect of interest on any Affected a Swing Line Loan) on account of principal of or interest on the Loans any Loan (or on account of its participation in any Letter of Credit or Swing Line Loan) in excess of its pro rata share (in accordance with the terms of this Agreement) of payments and other recoveries obtained by all Banks on account of principal of and interest on any Loan Loans (or such participationparticipations) then held by them, such Bank shall purchase from the other Banks such participations participation in the Loans (or sub-participations in Letters of Credit or Swing Line Loans) held by them as shall be necessary to cause such purchasing Bank to share the excess payment or other recovery ratably with each of them; provided that if all or any portion of the excess payment or other recovery is thereafter recovered from such purchasing Bank, the purchase shall be rescinded and the purchase price restored to the extent of such recovery.