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 11.05(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 Banks but in no event shall any Bank's use of 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, without limitation, any expenses incurred or payable pursuant to Section 5.06 hereof) which would otherwise not be incurred).

Appears in 4 contracts

Samples: Credit Agreement (Mariner Post Acute Network Inc), Credit Agreement (Mariner Post Acute Network Inc), Credit Agreement (Mariner Post Acute Network Inc)

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Actual Funding. Each Bank shall have the right from time to -------------- time, time to make or maintain any Loan by arranging for a branch, subsidiary Subsidiary or affiliate Affiliate of such Bank to make or maintain such Loan subject to the last sentence of this Section 11.05(b)11.5.2. If any Bank 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 Banks Bank, but in no event shall any Bank's use of such a branch, subsidiary Subsidiary or affiliate Affiliate to make or maintain any part of the Loans hereunder cause such Bank 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 (including, without limitation, including any expenses incurred or payable pursuant to Section 5.06 hereof5.6) which would otherwise not be incurred).

Appears in 4 contracts

Samples: Credit Agreement (Suburban Lodges of America Inc), Credit Agreement (Suburban Lodges of America Inc), Credit Agreement (Rent Way Inc)

Actual Funding. Each Bank shall have the right from time to -------------- time, time to make or maintain any Loan by arranging for a branch, subsidiary Subsidiary or affiliate Affiliate of such Bank to make or maintain such Loan subject to the last sentence of this Section 11.05(b)10.5.2. If any Bank 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 Banks Bank, but in no event shall any Bank's use of such a branch, subsidiary Subsidiary or affiliate Affiliate to make or maintain any part of the Loans hereunder cause such Bank 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 (including, without limitation, including any expenses incurred or payable pursuant to Section 5.06 hereof4.5) which would otherwise not be incurred).

Appears in 2 contracts

Samples: Credit Agreement (Consolidated Stores Corp /De/), Credit Agreement (Cuno Inc)

Actual Funding. Each Bank shall have the right from time to -------------- time, time to make or maintain any Loan by arranging for a branch, subsidiary Subsidiary or affiliate Affiliate of such Bank to make or maintain such Loan subject to the last sentence of this Section 11.05(b)10.5.2. If any Bank 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 Banks Bank, but in no event shall any Bank's ’s use of such a branch, subsidiary Subsidiary or affiliate Affiliate to make or maintain any part of the Loans hereunder cause such Bank or such branch, subsidiary Subsidiary or affiliate 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, without limitation, including any expenses incurred or payable pursuant to Section 5.06 hereof4.6) which would otherwise not be incurred).

Appears in 2 contracts

Samples: Credit Agreement (Interface Security Systems, L.L.C.), Credit Agreement (Interface Security Systems Holdings Inc)

Actual Funding. Each Bank shall have the right from time to -------------- time, 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 11.05(bSubsection 12.15(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 Banks 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, without limitation, including any expenses incurred or payable pursuant to Section 5.06 hereofSubsection 2.5(h)) which would otherwise not be incurred).

Appears in 2 contracts

Samples: Loan Agreement (Atlas Pipeline Partners Lp), Loan Agreement (Resource America Inc)

Actual Funding. Each Bank shall have the right from time to -------------- time, 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 11.05(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 Revolving Credit Loans to the same extent as if such Revolving Credit Loans were made or maintained by such Banks 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 Revolving Credit 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, without limitation, any expenses incurred or payable pursuant to Section 5.06 hereof) which would otherwise not be incurred).

Appears in 2 contracts

Samples: Credit Agreement (Novacare Inc), Credit Agreement (Novacare Inc)

Actual Funding. Each Bank shall have the right from time to -------------- time, 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 11.05(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 Banks 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, without limitation, any expenses incurred or payable pursuant to Section 5.06 hereof) which would otherwise not be incurred).

Appears in 2 contracts

Samples: Credit Agreement (Mariner Health Group Inc), Credit Agreement (Mariner Health Group Inc)

Actual Funding. Each Bank shall have the right from time to -------------- time, 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 11.05(b11.5(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 Loan were made or maintained by such Banks 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, without limitation, including any expenses incurred or payable pursuant to Section 5.06 hereof5.5) which would otherwise not be incurred).

Appears in 2 contracts

Samples: Shareholder Rights Agreement (Federated Investors Inc /Pa/), Credit Agreement (Federated Investors Inc /Pa/)

Actual Funding. Each Bank shall have the right from time to -------------- time, time to make or maintain any Loan by arranging for a branch, subsidiary or affiliate of such Bank to make or maintain such Loan Loan, subject to the last sentence of this Section 11.05(b11.5(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 Banks 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 Borrowers hereunder or require the Borrower Borrowers to pay any other compensation to any Bank (including, without limitation, any expenses incurred or payable pursuant to Section 5.06 5.5 hereof) which would otherwise not be incurred).

Appears in 2 contracts

Samples: Credit Agreement (Zaring National Corp), Credit Agreement (Zaring National Corp)

Actual Funding. Each Bank shall have the right from time to -------------- time, time to make or maintain any Loan by arranging for a branch, subsidiary Subsidiary, or affiliate Affiliate of such Bank to make or maintain such Loan subject to the last sentence of this Section 11.05(b)11.5.2. If any Bank 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 Banks Bank, but in no event shall any Bank's use of such a branch, subsidiary Subsidiary, or affiliate Affiliate to make or maintain any part of the Loans hereunder cause such Bank 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 (including, without limitation, including any expenses incurred or payable pursuant to Section 5.06 hereof5.6) which would otherwise not be incurred).

Appears in 1 contract

Samples: Refinancing Credit Agreement (Westinghouse Air Brake Technologies Corp)

Actual Funding. Each Bank shall have the right from time to -------------- time, time to make or maintain any Term Loan by arranging for a branch, subsidiary or affiliate of such Bank to make or maintain such Term Loan subject to the last sentence of this Section 11.05(b10.5(b). If any Bank causes a branch, subsidiary or affiliate to make or maintain any part of the Term Loans hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Term Loans to the same extent as if such Term Loans were made or maintained by such Banks 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 Term 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, without limitation, any expenses incurred or payable pursuant to Section 5.06 4.5 hereof) which would otherwise not be incurred).

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Pg Energy Inc)

Actual Funding. Each Bank shall have the right from time to -------------- time, time to make or maintain any Loan by arranging for a branch, subsidiary Subsidiary or affiliate Affiliate of such Bank to make or maintain such Loan subject to the last sentence of this Section 11.05(b)11.5.2. If any Bank causes a branch, subsidiary Subsidiary -84- 92 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 Banks Bank, but in no event shall any Bank's use of such a branch, subsidiary Subsidiary or affiliate Affiliate to make or maintain any part of the Loans hereunder cause such Bank 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 (including, without limitation, including any expenses incurred or payable pursuant to Section 5.06 hereof5.6 [Additional Compensation in Certain Circumstances]) which would otherwise not be incurred).

Appears in 1 contract

Samples: Credit Agreement (Novacare Employee Services Inc)

Actual Funding. Each Bank shall have the right from time to -------------- time, time to make or maintain any Loan by arranging for a branch, subsidiary Subsidiary, or affiliate Affiliate of such Bank to make or maintain such Loan subject to the last sentence of this Section 11.05(b)10.5.2. If any Bank 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 Banks Bank, but in no event shall any Bank's use of such a branch, subsidiary Subsidiary, or affiliate Affiliate to make or maintain any part of the Loans hereunder cause such Bank 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 (including, without limitation, including any expenses incurred or payable pursuant to Section 5.06 hereof4.6 ) which would otherwise not be incurred).

Appears in 1 contract

Samples: Credit Agreement (Ptek Holdings 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 11.05(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 Banks but in no event shall any Bank's use of 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, without limitation, any expenses incurred or payable pursuant to Section 5.06 hereof) which would otherwise not be incurred).

Appears in 1 contract

Samples: Credit Agreement (Mariner Post Acute Network Inc)

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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 11.05(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 Banks but in no event shall any Bank's use of 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, without limitation, any expenses incurred or payable pursuant to Section 5.06 hereof) which would otherwise not be incurred).

Appears in 1 contract

Samples: Credit Agreement (Mariner Post Acute Network Inc)

Actual Funding. Each Bank shall have the right from time to -------------- time, time to make or maintain any Loan by arranging for a branch, subsidiary Subsidiary or affiliate Affiliate of such Bank to make or maintain such Loan subject to the last sentence of this Section 11.05(b)10.5.2. If any Bank 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 Banks Bank, but in no event shall any Bank's use of such a branch, subsidiary Subsidiary or affiliate Affiliate to make or maintain any part of the Loans hereunder cause such Bank 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 (including, without limitation, including any expenses incurred or payable pursuant to Section 5.06 hereof4.6) which would otherwise not be incurred).

Appears in 1 contract

Samples: Credit Agreement (Cable Tv Fund 14-a LTD)

Actual Funding. Each Bank shall have the right from time to -------------- time, time to make or maintain any Loan by arranging for a branch, subsidiary Subsidiary or affiliate Affiliate of such Bank to make or maintain such Loan subject to the last sentence of this Section 11.05(b)11.5.2. If any Bank 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 Banks Bank, but in no event shall any Bank's use of such a branch, subsidiary Subsidiary or affiliate Affiliate to make or maintain any part of the Loans hereunder cause such Bank 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 (including, without limitation, including any expenses incurred or payable pursuant to Section 5.06 hereof5.5) which would otherwise not be incurred).

Appears in 1 contract

Samples: Credit Agreement (Roundys Inc)

Actual Funding. Each Bank shall have the right from time to -------------- time, time to make or maintain any Loan by arranging for a branch, subsidiary Subsidiary or affiliate Affiliate of such Bank to make or maintain such Loan subject to the last sentence of this Section 11.05(b)10.5.2. If any Bank 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 Banks Bank, but in no event shall any Bank's use of such a branch, subsidiary Subsidiary or affiliate Affiliate to make or maintain any part of the Loans hereunder cause such Bank 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 (including, without limitation, including any expenses incurred or payable pursuant to Section 5.06 hereof4.6) which would otherwise not be incurred).

Appears in 1 contract

Samples: Credit Agreement (Professional Detailing Inc)

Actual Funding. Each Bank shall have the right from time to -------------- time, time to make or maintain any Loan by arranging for a branch, subsidiary Subsidiary or affiliate Affiliate of such Bank to make or maintain such Loan subject to the last sentence of this Section 11.05(b)1 1.5.2. If any Bank 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 Banks Bank, but in no event shall any Bank's use of such a branch, subsidiary Subsidiary or affiliate Affiliate to make or maintain any part of the Loans hereunder cause such Bank or such branch, subsidiary Subsidiary or affiliate Affiliate to incur any cost or expenses payable by the Borrower hereunder or require the Borrower Borrowers to pay any other compensation to any Bank (including, without limitation, including any expenses incurred or payable pursuant to Section 5.06 hereof5.6) which would otherwise not be incurred).

Appears in 1 contract

Samples: Revolving Credit Agreement (Tb Woods Corp)

Actual Funding. Each Bank shall have the right from time to -------------- time, 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 11.05(bSubsection 12.15(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 Banks 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 Borrowers hereunder or require the Borrower Borrowers to pay any other compensation to any Bank (including, without limitation, including any expenses incurred or payable pursuant to Section 5.06 hereofSubsection 2.5(h)) which would otherwise not be incurred).

Appears in 1 contract

Samples: Loan Agreement (Resource America Inc)

Actual Funding. Each Bank shall have the right from time to -------------- time, time to make or maintain any Loan by arranging for a branch, subsidiary Subsidiary or affiliate Affiliate of such Bank to make or maintain such Loan subject to the last sentence of this Section 11.05(b)11.5.2. If any Bank 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 Banks Bank, but in no event shall any Bank's use of such a branch, subsidiary Subsidiary or affiliate Affiliate to make or maintain any part of the Loans hereunder cause such Bank 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 (including, without limitation, including any expenses incurred or payable pursuant to Section 5.06 hereof5.6) which would otherwise not be incurred).

Appears in 1 contract

Samples: Credit Agreement (Primesource Corp)

Actual Funding. Each Bank shall have the right from time to -------------- time, time to make or maintain any Loan by arranging for a branch, subsidiary Subsidiary or affiliate Affiliate of such Bank to make or maintain such Loan subject to the last sentence of this Section 11.05(b11.5(b). If any Bank 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 Loan were made or maintained by such Banks Bank, but in no event shall any Bank's use of such a branch, subsidiary Subsidiary or affiliate Affiliate to make or maintain any part of the Loans hereunder cause such Bank or such branch, subsidiary Subsidiary or affiliate Affiliate to incur any cost costs or expenses payable by the Borrower hereunder or require the Borrower to pay any other compensation to any Bank (including, without limitation, any expenses incurred or payable pursuant to Section 5.06 5.5 hereof) which would otherwise not be incurred).

Appears in 1 contract

Samples: Credit Agreement (Chase Industries Inc)

Actual Funding. Each Bank shall have the right from time to -------------- time, time to make or maintain any Loan by arranging for a branch, subsidiary Subsidiary or affiliate Affiliate of such Bank to make or maintain such Loan subject to the last sentence of this Section 11.05(b)11.5.2. If any Bank 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 Banks Bank, but in no event shall any Bank's use of such a branch, subsidiary Subsidiary or affiliate Affiliate to make or maintain any part of the Loans hereunder cause such Bank 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 CREDIT AGREEMENT compensation to any Bank (including, without limitation, including any expenses incurred or payable pursuant to Section 5.06 hereof5.5 [Additional Compensation in Certain Circumstances]) which would otherwise not be incurred).

Appears in 1 contract

Samples: Credit Agreement (Internet Capital Group Inc)

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