Common use of Actual Funding Clause in Contracts

Actual Funding. Each Bank shall have the right from time to time to make or maintain any Loan by arranging for a branch, Subsidiary or Affiliate of such Bank to make or maintain such Loan subject to the last sentence of this Section 10.5.2. If any Bank causes a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans to the same extent as if such Loans were made or maintained by such Bank, but in no event shall any Bank's use of such a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder cause such Bank or such branch, Subsidiary or Affiliate to incur any cost or expenses payable by the Borrower hereunder or require the Borrower to pay any other compensation to any Bank (including any expenses incurred or payable pursuant to Section 4.5 [Additional Compensation in Certain Circumstances]) which would otherwise not be incurred.

Appears in 7 contracts

Samples: Pledge Agreement (Arch Coal Inc), Credit Agreement (Arch Coal Inc), Credit Agreement (Champion Enterprises Inc)

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Actual Funding. Each Bank Lender shall have the right from time to time to make or maintain any Loan by arranging for a branch, Subsidiary or Affiliate of such Bank Lender to make or maintain such Loan subject to the last sentence of this Section 10.5.2. If any Bank Lender causes a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans to the same extent as if such Loans were made or maintained by such BankLender, but in no event shall any Bank's Lender’s use of such a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder cause such Bank Lender or such branch, Subsidiary or Affiliate to incur any cost or expenses payable by the Borrower hereunder or require the Borrower to pay any other compensation to any Bank Lender (including any expenses incurred or payable pursuant to Section 4.5 4.6 [Additional Compensation in Certain Circumstances]) which would otherwise not be incurred.

Appears in 7 contracts

Samples: Credit Agreement (Penn Virginia Resource Partners L P), Credit Agreement (Penn Virginia Resource Partners L P), Credit Agreement (Hovnanian Enterprises Inc)

Actual Funding. Each Bank shall have the right from time to time to make or maintain any Loan by arranging for a branch, Subsidiary or Affiliate of such Bank to make or maintain such Loan subject to the last sentence of this Section 10.5.211.5.2. If any Bank causes a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans to the same extent as if such Loans were made or maintained by such Bank, but in no event shall any Bank's ’s use of such a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder cause such Bank or such branch, Subsidiary or Affiliate to incur any cost or expenses payable by the Borrower hereunder or require the Borrower to pay any other compensation to any Bank (including any expenses incurred or payable pursuant to Section 4.5 5.6 [Additional Compensation in Certain Circumstances]) which would otherwise not be incurred.

Appears in 7 contracts

Samples: Credit Agreement (Ii-Vi Inc), Credit Agreement (Federated Investors Inc /Pa/), Credit Agreement (Ii-Vi Inc)

Actual Funding. Each Bank shall have the right from time to time to make or maintain any Loan by arranging for a branch, Subsidiary or Affiliate of such Bank to make or maintain such Loan subject to the last sentence of this Section 10.5.211.5.2. If any Bank causes a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans to the same extent as if such Loans were made or maintained by such Bank, but in no event shall any Bank's use of such a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder cause such Bank or such branch, Subsidiary or Affiliate to incur any cost or expenses payable by the Borrower hereunder or require the Borrower to pay any other compensation to any Bank (including any expenses incurred or payable pursuant to Section 4.5 5.6 [Additional Compensation in Certain Circumstances]) which would otherwise not be incurred.

Appears in 6 contracts

Samples: Credit Agreement (Elgin National Industries Inc), Credit Agreement (Linc Net Inc), Credit Agreement (Corrpro Companies Inc /Oh/)

Actual Funding. Each Bank Lender shall have the right from time to time to make or maintain any Loan by arranging for a branch, Subsidiary or Affiliate of such Bank Lender to make or maintain such Loan subject to the last sentence of this Section 10.5.211.5.2. If any Bank Lender causes a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans to the same extent as if such Loans were made or maintained by such BankLender, but in no event shall any Bank's Lender’s use of such a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder cause such Bank Lender or such branch, Subsidiary or Affiliate to incur any cost or expenses payable by the Borrower hereunder or require the Borrower to pay any other compensation to any Bank Lender (including any expenses incurred or payable pursuant to Section 4.5 5.6 [Additional Compensation in Certain Circumstances]) which would otherwise not be incurred.

Appears in 6 contracts

Samples: Credit Agreement (Federated Investors Inc /Pa/), Credit Agreement (Koppers Holdings Inc.), Credit Agreement (Penn Virginia Resource Partners L P)

Actual Funding. Each Bank shall have the right from time to time to make or maintain any Loan by arranging for a branch, Subsidiary or Affiliate of such Bank to make or maintain such Loan subject to the last sentence of this Section 10.5.211.5.2. If any Bank causes a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans to the same extent as if such Loans were made or maintained by such Bank, but in no event shall any Bank's use of such a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder cause such Bank or such branch, Subsidiary or Affiliate to incur any cost or expenses payable by the Borrower hereunder or require the Borrower to pay any other compensation to any Bank (including any expenses incurred or payable pursuant to Section 4.5 5.6 [Additional Compensation in Certain Circumstances]) or Section 5.8 [Taxes] which would otherwise not be incurred.

Appears in 5 contracts

Samples: Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp)

Actual Funding. Each Bank shall have the right from time to time to make or maintain any Loan by arranging for a branch, Subsidiary or Affiliate of such Bank to make or maintain such Loan subject to the last sentence of this Section 10.5.2. If any Bank causes a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans to the same extent as if such Loans were made or maintained by such Bank, but in no event shall any Bank's use of such a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder cause such Bank or such branch, Subsidiary or Affiliate to incur any cost or expenses payable by the Borrower hereunder or require the Borrower to pay any other compensation to any Bank (including any expenses incurred or payable pursuant to Section 4.5 4.6 [Additional Compensation in Certain Circumstances]) which would otherwise not be incurred.

Appears in 5 contracts

Samples: Credit Agreement (Viasys Healthcare Inc), Credit Agreement (Big Lots Inc), Credit Agreement (Integrated Alarm Services Group Inc)

Actual Funding. Each Bank shall have the right from time to time to make or maintain any Loan by arranging for a branch, Subsidiary or Affiliate of such Bank to make or maintain such Loan subject to the last sentence of this Section 10.5.2. If any Bank causes a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans to the same extent as if such Loans were made or maintained by such Bank, but in no event shall any Bank's ’s use of such a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder cause such Bank or such branch, Subsidiary or Affiliate to incur any cost costs or expenses payable by the any Borrower hereunder or require the any Borrower to pay any other compensation to any Bank (including any expenses incurred or payable pursuant to Section 4.5 4.6 [Additional Compensation in Certain Circumstances]) which would otherwise not be incurred.

Appears in 4 contracts

Samples: Credit Agreement (Vulcan Asphalt Refining Corp), Credit Agreement (Kwik Fil Inc), Credit Agreement (Super Test Petroleum Inc)

Actual Funding. Each Bank shall have the right from time to time to make or maintain any Loan by arranging for a branch, Subsidiary or Affiliate of such Bank to make or maintain such Loan subject to the last sentence of this Section 10.5.210.05(b). If any Bank causes a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans to the same extent as if such Loans were made or maintained by such Bank, but in no event shall any Bank's ’s use of such a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder cause such Bank or such branch, Subsidiary or Affiliate to incur any cost or expenses payable by the any Borrower hereunder or require the any Borrower to pay any other compensation to any Bank (including any expenses incurred or payable pursuant to Section 4.5 4.06 [Additional Compensation in Certain Circumstances]) which would otherwise not be incurred.

Appears in 4 contracts

Samples: Credit Agreement (Assured Guaranty LTD), Credit Agreement (Assured Guaranty LTD), Credit Agreement (Assured Guaranty LTD)

Actual Funding. Each Bank shall have the right from time to time to make or maintain any Loan by arranging for a branch, Subsidiary or Affiliate of such Bank to make or maintain such Loan subject to the last sentence of this Section 10.5.210.5.2 [Actual Funding]. If any Bank causes a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans to the same extent as if such Loans were made or maintained by such Bank, but in no event shall any Bank's use of such a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder cause such Bank or such branch, Subsidiary or Affiliate to incur any cost or expenses payable by the Borrower hereunder or require the Borrower to pay any other compensation to any Bank (including any expenses incurred or payable pursuant to Section 4.5 4.6 [Additional Compensation in Certain Circumstances]) which would otherwise not be incurred.

Appears in 3 contracts

Samples: Credit Agreement (Papa Johns International Inc), Credit Agreement (Papa Johns International Inc), Credit Agreement (Big Lots Inc)

Actual Funding. Each Bank Lender shall have the right from time to time to make or maintain any Loan by arranging for a branch, Subsidiary or Affiliate of such Bank Lender to make or maintain such Loan subject to the last sentence of this Section 10.5.2. If any Bank Lender causes a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans to the same extent as if such Loans were made or maintained by such BankLender, but in no event shall any BankLender's use of such a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder cause such Bank Lender or such branch, Subsidiary or Affiliate to incur any cost or expenses payable by the Borrower hereunder or require the Borrower to pay any other compensation to any Bank Lender (including any expenses incurred or payable pursuant to Section 4.5 [Additional Compensation in Certain Circumstances]) which would otherwise not be incurred.

Appears in 3 contracts

Samples: Credit Agreement (Arch Coal Inc), Pledge Agreement (Arch Coal Inc), Credit Agreement (Arch Coal Inc)

Actual Funding. Each Bank shall have the right from time to time to make or maintain any Loan by arranging for a branch, Subsidiary or Affiliate of such Bank to make or maintain such Loan subject to the last sentence of this Section 10.5.211.5.2. If any Bank causes a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans to the same extent as if such Loans were made or maintained by such Bank, but in no event shall any Bank's use of such a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder cause such Bank or such branch, Subsidiary or Affiliate to incur any cost or expenses payable by the Borrower hereunder or require the Borrower to pay any other compensation to any Bank (including any expenses incurred or payable pursuant to Section 4.5 5.5 [Additional Compensation in Certain Circumstances]) which would otherwise not be incurred.

Appears in 3 contracts

Samples: Credit Agreement (Lone Star Technologies Inc), Credit Agreement (KPMG Consulting Inc), Credit Agreement (Covance Inc)

Actual Funding. Each Bank Lender shall have the right from time to time to make or maintain any Loan by arranging for a branch, Subsidiary or Affiliate of such Bank Lender to make or maintain such Loan subject to the last sentence of this Section 10.5.211.5.2. If any Bank Lender causes a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans to the same extent as if such Loans were made or maintained by such BankLender, but in no event shall any Bank's Lender’s use of such a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder cause such Bank Lender or such branch, Subsidiary or Affiliate to incur any cost or expenses payable by the Borrower hereunder or require the Borrower to pay any other compensation to any Bank Lender (including any expenses incurred or payable pursuant to Section 4.5 5.5 [Additional Compensation in Certain Circumstances]) which would otherwise not be incurred.

Appears in 3 contracts

Samples: Credit Agreement (Rhino Resource Partners LP), Credit Agreement (Rhino Resource Partners, L.P.), Credit Agreement (Consol Energy Inc)

Actual Funding. Each Bank Lender shall have the right from time to time to make or maintain any Loan by arranging for a branch, Subsidiary or Affiliate of such Bank Lender to make or maintain such Loan subject to the last sentence of this Section 10.5.213.5. If any Bank Lender causes a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans to the same extent as if such Loans were made or maintained by such BankLender, but in no event shall any Bank's Lender’s use of such a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder cause such Bank Lender or such branch, Subsidiary or Affiliate to incur any cost or expenses payable by the Borrower hereunder or require the Borrower to pay any other compensation to any Bank Lender (including any expenses incurred or payable pursuant to Section 4.5 [Additional Compensation in Certain Circumstances]5.6) which would otherwise not be incurred.

Appears in 2 contracts

Samples: Credit Agreement (Calgon Carbon Corporation), Credit Agreement (Calgon Carbon Corporation)

Actual Funding. Each Bank Lender shall have the right from time to time to make or maintain any Loan by arranging for a branch, Subsidiary or Affiliate of such Bank Lender to make or maintain such Loan subject to the last sentence of this Section 10.5.211.5.2. If any Bank Lender causes a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans to the same extent as if such Loans were made or maintained by such BankLender, but in no event shall any Bank's Lender’s use of such a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder cause such Bank Lender or such branch, Subsidiary or Affiliate to incur any cost or expenses payable by the Borrower hereunder or require the Borrower to pay any other compensation to any Bank Lender (including any expenses incurred or payable pursuant to Section 4.5 5.6 [Additional Compensation in Certain Circumstances]) or Section 5.8 [Taxes] which would otherwise not be incurred.

Appears in 2 contracts

Samples: Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp)

Actual Funding. Each Bank Lender shall have the right from time to time to make or maintain any Loan by arranging for a branch, Subsidiary or Affiliate of such Bank Lender to make or maintain such Loan subject to the last sentence of this Section 10.5.211.14.2. If any Bank Lender causes a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans to the same extent as if such Loans were made or maintained by such BankLender, but in no event shall any Bank's Lender’s use of such a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder cause such Bank Lender or such branch, Subsidiary or Affiliate to incur any cost or expenses payable by the Borrower hereunder or require the Borrower to pay any other compensation to any Bank Lender (including any expenses incurred or payable pursuant to Section 4.5 2.12.4(ii) [Additional Compensation in Certain Circumstances]) which would otherwise not be incurred.

Appears in 2 contracts

Samples: Credit Agreement (Koppers Holdings Inc.), Assignment and Assumption Agreement (Koppers Holdings Inc.)

Actual Funding. Each Bank Lender shall have the right from time to time to make or maintain any Loan by arranging for a branch, Subsidiary or Affiliate of such Bank Lender to make or maintain such Loan subject to the last sentence of this Section 10.5.2. If any Bank Lender causes a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans to the same extent as if such Loans were made or maintained by such BankLender, but in no event shall any BankLender's use of such a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder cause such Bank Lender or such branch, Subsidiary or Affiliate to incur any cost or expenses payable by the Borrower Borrowers hereunder or require the Borrower to pay any other compensation to any Bank Lender (including any expenses incurred or payable pursuant to Section 4.5 [Additional Compensation in Certain Circumstances]4.6) which would otherwise not be incurred.

Appears in 2 contracts

Samples: Credit Agreement (Brady Corp), Credit Agreement (Brady Corp)

Actual Funding. Each Bank Lender shall have the right from time to time to make or maintain any Loan by arranging for a branch, Subsidiary or Affiliate of such Bank Lender to make or maintain such Loan subject to the last sentence of this Section 10.5.210.05(b). If any Bank Lender causes a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans to the same extent as if such Loans were made or maintained by such BankLender, but in no event shall any Bank's Lender’s use of such a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder cause such Bank Lender or such branch, Subsidiary or Affiliate to incur any cost or expenses payable by the Borrower hereunder or require the Borrower to pay any other compensation to any Bank Lender (including any expenses incurred or payable pursuant to Section 4.5 4.06 [Additional Compensation in Certain Circumstances]) which would otherwise not be incurred.

Appears in 2 contracts

Samples: Credit Agreement (Tween Brands, Inc.), Credit Agreement (Too, Inc.)

Actual Funding. Each Bank Lender shall have the right from time to time to make or maintain any Loan by arranging for a branch, Subsidiary or Affiliate of such Bank Lender to make or maintain such Loan subject to the last sentence of this Section 10.5.211.5.2. If any Bank Lender causes a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans to the same extent as if such Loans were made or maintained by such BankLender, but in no event shall any BankLender's use of such a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder cause such Bank Lender or such branch, Subsidiary or Affiliate to incur any cost or expenses payable by the Borrower and the Co-Borrower hereunder or require the Borrower and the Co-Borrower to pay any other compensation to any Bank Lender (including any expenses incurred or payable pursuant to Section 4.5 [Additional Compensation in Certain Circumstances]5.6) which would otherwise not be incurred.

Appears in 1 contract

Samples: Credit Agreement (Rent Way Inc)

Actual Funding. Each Bank Lender shall have the right from time to time to make or maintain any Loan by arranging for a branch, Subsidiary or Affiliate of such Bank Lender to make or maintain such Loan subject to the last sentence of this Section 10.5.2. If any Bank Lender causes a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans to the same extent as if such Loans were made or maintained by such BankLender, but in no event shall any BankLender's use of such a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder cause such Bank Lender or such branch, Subsidiary or Affiliate to incur any cost or expenses payable by the Borrower hereunder or require the Borrower to pay any other compensation to any Bank Lender (including any expenses incurred or - 97 - payable pursuant to Section 4.5 [Additional Compensation in Certain Circumstances]) which would otherwise not be incurred.

Appears in 1 contract

Samples: Credit Agreement (Key Energy Services Inc)

Actual Funding. Each Bank Lender shall have the right from time to time to make or maintain any Loan by arranging for a branch, Subsidiary or Affiliate of such Bank Lender to make or maintain such Loan subject to the last sentence of this Section 10.5.211.05(b). If any Bank Lender causes a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans to the same extent as if such Loans were made or maintained by such BankLender, but provided that in no event shall any BankLender's use of such a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder cause such Bank Lender or such branch, Subsidiary or Affiliate to incur any cost or expenses payable by the Borrower Borrowers hereunder or require the Borrower Borrowers to pay any other compensation to any Bank Lender (including any expenses incurred or payable pursuant to Section 4.5 [Additional Compensation in Certain Circumstances]Sections 3.03 or 4.06) which would otherwise not be incurred.

Appears in 1 contract

Samples: Multicurrency Credit Agreement (Borders Group Inc)

Actual Funding. Each Bank Lender shall have the right from time to time to make or maintain any Loan by arranging for a branch, Subsidiary or Affiliate of such Bank Lender to make or maintain such Loan subject to the last sentence of this Section 10.5.2. If any Bank Lender causes a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans to the same extent as if such Loans were made or maintained by such BankLender, but in no event shall any BankLender's use of such a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder cause such Bank Lender or such branch, Subsidiary or Affiliate to incur any cost or expenses payable by the Borrower hereunder or require the Borrower to pay any other compensation to any Bank Lender (including any expenses incurred or payable pursuant to Section 4.5 4.6 [Additional Compensation in Certain Circumstances]) which would otherwise not be incurred.

Appears in 1 contract

Samples: Credit Agreement (Hovnanian Enterprises Inc)

Actual Funding. Each Bank shall have the right from time to time to make or maintain any Loan by arranging for a branch, Subsidiary or Affiliate of such Bank to make or maintain such Loan subject to the last sentence of this Section 10.5.210.5.2 [Actual Funding]. If any Bank causes a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans to the same extent as if such Loans were made or maintained by such Bank, but in no event shall any Bank's ’s use of such a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder cause such Bank or such branch, Subsidiary or Affiliate to incur any cost or expenses payable by the Borrower hereunder or require the Borrower to pay any other compensation to any Bank (including any expenses incurred or payable pursuant to Section 4.5 4.6 [Additional Compensation in Certain Circumstances]) which would otherwise not be incurred.

Appears in 1 contract

Samples: Credit Agreement (Papa Johns International Inc)

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Actual Funding. Each Bank Lender shall have the right from time to time to make or maintain any Loan by arranging for a branch, Subsidiary or Affiliate of such Bank Lender to make or maintain such Loan subject to the last sentence of this Section 10.5.211.5.2. If any Bank Lender causes a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans to the same extent as if such Loans were made or maintained by such BankLender, but in no event shall any BankLender's use of such a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder cause such Bank Lender or such branch, Subsidiary or Affiliate to incur any cost or expenses payable by the Borrower hereunder or require the Borrower to pay any other compensation to any Bank Lender (including any expenses incurred or payable pursuant to Section 4.5 5.6 [Additional Compensation in Certain Circumstances]) which would otherwise not be incurred.

Appears in 1 contract

Samples: Credit Agreement (Ii-Vi Inc)

Actual Funding. Each Bank Lender shall have the right from time to time to make or maintain any portion of the Loan by arranging for a branch, Subsidiary subsidiary or Affiliate of such Bank Lender to make or maintain such portion of the Loan subject to the last sentence of this Section 10.5.210.4(b). If any Bank Lender causes a branch, Subsidiary subsidiary or Affiliate to make or maintain any part portion of the Loans Loan hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part portion of the Loans Loan to the same extent as if such Loans portion of the Loan were made or maintained by such BankLender, but in no event shall any Bank's Lender’s use of such a branch, Subsidiary subsidiary or Affiliate to make or maintain any part of the Loans Loan hereunder cause such Bank Lender or such branch, Subsidiary subsidiary or Affiliate to incur any cost or expenses payable by the Borrower hereunder or require the Borrower to pay any other compensation to any Bank Lender (including any expenses incurred or payable pursuant to Section 4.5 3.11 [Additional Compensation in Certain Circumstances]] hereof) which would otherwise not be incurred.

Appears in 1 contract

Samples: Construction Loan Agreement (Forestar Group Inc.)

Actual Funding. Each Bank Lender shall have the right from time to time to make or maintain any Loan by arranging for a branch, Subsidiary or Affiliate of such Bank Lender to make or maintain such Loan subject to the last sentence of this Section 10.5.210.5.2 [Actual Funding]. If any Bank Lender causes a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans to the same extent as if such Loans were made or maintained by such BankLender, but in no event shall any Bank's Lender’s use of such a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder cause such Bank Lender or such branch, Subsidiary or Affiliate to incur any cost or expenses payable by the Borrower hereunder or require the Borrower to pay any other compensation to any Bank Lender (including any expenses incurred or payable pursuant to Section 4.5 4.6 [Additional Compensation in Certain Circumstances]) which would otherwise not be incurred.

Appears in 1 contract

Samples: Credit Agreement (Excelsior Lasalle Property Fund Inc)

Actual Funding. Each Bank Lender shall have the right from time to time to make or maintain any Loan by arranging for a branch, Subsidiary or Affiliate of such Bank Lender to make or maintain such Loan subject to the last sentence of this Section 10.5.211.14.2. If any Bank Lender causes a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans to the same extent as if such Loans were made or maintained by such BankLender, but in no event shall any BankLender's use of such a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder cause such Bank Lender or such branch, Subsidiary or Affiliate to incur any cost or expenses payable by the Borrower hereunder or require the Borrower to pay any other compensation to any Bank Lender (including any expenses incurred or payable pursuant to Section 4.5 2.12.4(ii) [Additional Compensation in Certain Circumstances]) which would otherwise not be incurred.

Appears in 1 contract

Samples: Credit Agreement (Koppers Holdings Inc.)

Actual Funding. Each Bank Lender shall have the right from time to time to make or maintain any Loan by arranging for a branch, Subsidiary or Affiliate of such Bank Lender to make or maintain such Loan subject to the last sentence of this Section 10.5.211.5.2. If any Bank Lender causes a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans to the same extent as if such Loans were made or maintained by such BankLender, but in no event shall any BankLender's use of such a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder cause such Bank Lender or such branch, Subsidiary or Affiliate to incur any cost or expenses payable by the Borrower hereunder or require the Borrower to pay any other compensation to any Bank Lender (including any expenses incurred or payable pursuant to Section 4.5 5.5 [Additional Compensation in Certain Circumstances]) which would otherwise not be incurred.

Appears in 1 contract

Samples: Credit Agreement (Consol Energy Inc)

Actual Funding. Each Bank Lender shall have the right from time to time to make or maintain any Loan by arranging for a branch, Subsidiary or Affiliate of such Bank Lender to make or maintain such Loan subject to the last sentence of this Section 10.5.2. If any Bank Lender causes a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans to the same extent as if such Loans were made or maintained by such BankLender, but in no event shall any Bank's Lender’s use of such a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder cause such Bank Lender or such branch, Subsidiary or Affiliate to incur any cost or expenses payable by the Borrower hereunder or require the Borrower to pay any other compensation to any Bank Lender (including any expenses incurred or payable pursuant to Section 4.5 [Additional Compensation in Certain Circumstances]) which would otherwise not be incurred.

Appears in 1 contract

Samples: Credit Agreement (Key Energy Services Inc)

Actual Funding. Each Bank Lender shall have the right from time to -------------- time to make or maintain any Loan by arranging for a branch, Subsidiary subsidiary or Affiliate affiliate of such Bank Lender to make or maintain such Loan subject to the last sentence of this Section 10.5.210.17(b). If any Bank Lender causes a branch, Subsidiary subsidiary or Affiliate affiliate to make or maintain any part of the Loans hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans to the same extent as if such Loans were made or maintained by such Bank, Lender but in no event shall any BankLender's use of such a branch, Subsidiary subsidiary or Affiliate affiliate to make or maintain any part of the Loans hereunder cause such Bank Lender or such branch, Subsidiary subsidiary or Affiliate affiliate to incur any cost or expenses payable by the Borrower hereunder or require the Borrower to pay any other compensation to any Bank such Lender (including including, without limitation, any expenses incurred or payable pursuant to Section 4.5 [Additional Compensation in Certain Circumstances]2.08, 2.10, 2.11 or 2.12 hereof) which would otherwise not be incurred.

Appears in 1 contract

Samples: Credit Agreement (Mastech Corp)

Actual Funding. Each Bank Lender shall have the right -------------- from time to time to make or maintain any Loan by arranging for a branch, Subsidiary subsidiary or Affiliate affiliate of such Bank Lender to make or maintain such Loan subject to the last sentence of this Section 10.5.210.17(b). If any Bank Lender causes a branch, Subsidiary subsidiary or Affiliate affiliate to make or maintain any part of the Loans hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans to the same extent as if such Loans were made or maintained by such Bank, Lender but in no event shall any BankLender's use of such a branch, Subsidiary subsidiary or Affiliate affiliate to make or maintain any part of the Loans hereunder cause such Bank Lender or such branch, Subsidiary subsidiary or Affiliate affiliate to incur any cost or expenses payable by the Borrower Borrowers hereunder or require the Borrower Borrowers to pay any other compensation to any Bank such Lender (including including, without limitation, any expenses incurred or payable pursuant to Section 4.5 [Additional Compensation in Certain Circumstances]2.03, 2.05, 2.06 or 2.07 hereof) which would otherwise not be incurred.

Appears in 1 contract

Samples: Credit Agreement (Spectrum Control Inc)

Actual Funding. Each Bank Lender shall have the right from time to time to make or maintain any Loan by arranging for a branch, Subsidiary or Affiliate of such Bank Lender to make or maintain such Loan subject to the last sentence of this Section 10.5.211.14.2. If any Bank Lender causes a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans to the same extent as if such Loans were made or maintained by such BankLender, but in no event shall any Bank's Lender’s use of such a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder cause such Bank Lender or such branch, Subsidiary or Affiliate to incur any cost or expenses payable by the Borrower hereunder or require the Borrower to pay any other compensation to any Bank Lender (including any expenses incurred or payable pursuant to Section 4.5 2.12.4 [Additional Compensation in Certain Circumstances]) which would otherwise not be incurred.

Appears in 1 contract

Samples: Security Agreement (Koppers Holdings Inc.)

Actual Funding. Each Bank Lender shall have the right from time to time to make or maintain any Loan by arranging for a branch, Subsidiary or Affiliate of such Bank Lender to make or maintain such Loan subject to the last sentence of this Section 10.5.210.05(b). If any Bank Lender causes a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans to the same extent as if such Loans were made or maintained by such BankLender, but in no event shall any BankLender's use of such a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder cause such Bank Lender or such branch, Subsidiary or Affiliate to incur any cost or expenses payable by the Borrower hereunder or require the Borrower to pay any other compensation to any Bank Lender (including any expenses incurred or payable pursuant to Section 4.5 4.06 [Additional Compensation in Certain Circumstances]) which would otherwise not be incurred.

Appears in 1 contract

Samples: Credit Agreement (Too Inc)

Actual Funding. Each Bank Lender shall have the right from time -------------- to time to make or maintain any Loan by arranging for a branch, Subsidiary subsidiary or Affiliate affiliate of such Bank Lender to make or maintain such Loan subject to the last sentence of this Section 10.5.210.16(b). If any Bank Lender causes a branch, Subsidiary subsidiary or Affiliate affiliate to make or maintain any part of the Loans hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans to the same extent as if such Loans were made or maintained by such Bank, Lender but in no event shall any BankLender's use of such a branch, Subsidiary subsidiary or Affiliate affiliate to make or maintain any part of the Loans hereunder cause such Bank Lender or such branch, Subsidiary subsidiary or Affiliate affiliate to incur any cost or expenses payable by the Borrower hereunder or require the Borrower to pay any other compensation to any Bank such Lender (including including, without limitation, any expenses incurred or payable pursuant to Section 4.5 [Additional Compensation in Certain Circumstances]2.08, 2.10, 2.11 or 2.12) which would otherwise not be incurred.

Appears in 1 contract

Samples: Credit Agreement (Igate Capital Corp)

Actual Funding. Each Bank Lender shall have the right from time to time to make or maintain any Loan by arranging for a branch, Subsidiary or Affiliate of such Bank Lender to make or maintain such Loan subject to the last sentence of this Section 10.5.211.5.2. If any Bank Lender causes a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans to the same extent as if such Loans were made or maintained by such BankLender, but in no event shall any Bank's Lender’s use of such a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder cause such Bank Lender or such branch, Subsidiary or Affiliate to incur any cost or expenses payable by the Borrower hereunder or require the Borrower to pay any other compensation to any Bank Lender (including any expenses incurred or payable pursuant to Section 4.5 Sections 4.4 [Euro-Rate Unascertainable], 5.4 [Voluntary Prepayments], or 5.7 [Additional Compensation in Certain Circumstances]) which would otherwise not be incurred.

Appears in 1 contract

Samples: Credit Agreement (Blair Corp)

Actual Funding. Each Bank Lender shall have the right from time to time to make or maintain any Loan by arranging for a branch, Subsidiary or Affiliate of such Bank Lender to make or maintain such Loan subject to the last sentence of this Section 10.5.2. If any Bank Lender causes a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans to the same extent as if such Loans were made or maintained by such BankLender, but in no event shall any Bank's Lender’s use of such a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder cause such Bank Lender or such branch, Subsidiary or Affiliate to incur any cost or expenses payable by the Borrower hereunder or require the Borrower to pay any other compensation to any Bank Lender (including any expenses incurred or payable pursuant to Section 4.5 [Additional Compensation in Certain Circumstances]4.6) which would otherwise not be incurred.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Glatfelter Corp)

Actual Funding. Each Bank Lender shall have the right from time to time to make or maintain any Loan by arranging for a branch, Subsidiary or Affiliate of such Bank Lender to make or maintain such Loan subject to the last sentence of this Section 10.5.212.05(b). If any Bank Lender causes a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans to the same extent as if such Loans were made or maintained by such BankLender, but provided that in no event shall any BankLender's use of such a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder cause such Bank Lender or such branch, Subsidiary or Affiliate to incur any cost or expenses payable by the Borrower Borrowers hereunder or require the Borrower Borrowers to pay any other compensation to any Bank Lender (including any expenses incurred or payable pursuant to Section 4.5 [Additional Compensation in Certain Circumstances]Sections 4.03 or 5.06) which would otherwise not be incurred.

Appears in 1 contract

Samples: Credit Agreement (Borders Group Inc)

Actual Funding. Each Bank Lender shall have the right from time to time to make or maintain any Loan by arranging for a branch, Subsidiary or Affiliate of such Bank Lender to make or maintain such Loan subject to the last sentence of this Section 10.5.212.5. If any Bank Lender causes a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans to the same extent as if such Loans were made or maintained by such BankLender, but in no event shall any Bank's Lender’s use of such a branch, Subsidiary or Affiliate to make or maintain any part of the Loans hereunder cause such Bank Lender or such branch, Subsidiary or Affiliate to incur any cost or expenses payable by the Borrower hereunder or require the Borrower to pay any other compensation to any Bank Lender (including any expenses incurred or payable pursuant to Section 4.5 [Additional Compensation in Certain Circumstances]4.6) which would otherwise not be incurred.

Appears in 1 contract

Samples: Credit Agreement (Calgon Carbon Corporation)

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