Common use of Actual Funding Clause in Contracts

Actual Funding. Each Lender shall have the right from time to time to make or maintain any Revolving Credit Loan by arranging for a branch, subsidiary or affiliate of such Lender to make or maintain such Revolving Credit Loan subject to the last sentence of this Section 10.17(b). If any Lender causes a branch, subsidiary or affiliate to make or maintain any part of the Revolving Credit 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 Lender but in no event shall any Lender's use of such a branch, subsidiary or affiliate to make or maintain any part of the Revolving Credit Loans hereunder cause such 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 such Lender (including, without limitation, any expenses incurred or payable pursuant to Section 2.08, 2.10, 2.11 or 2.12 hereof) which would otherwise not be incurred.

Appears in 4 contracts

Samples: Rti International Metals Inc, Rti International Metals Inc, Pitt Des Moines Inc

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Actual Funding. Each Lender shall have the right from time to time to make or maintain any Revolving Credit portion of the Term Loan by arranging for a branch, subsidiary Subsidiary or affiliate Affiliate of such Lender to make or maintain such Revolving Credit portion of the Term Loan subject to the last sentence of this Section 10.17(b)11.5.2. If any Lender causes a branch, subsidiary Subsidiary or affiliate Affiliate to make or maintain any part of its portion of the Revolving Credit Loans Term 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 Revolving Credit Loans Term Loan to the same extent as if such Revolving Credit Loans portion of the Term Loan were made or maintained by such Lender Lender, but in no event shall any Lender's ’s use of such a branch, subsidiary Subsidiary or affiliate Affiliate to make or maintain any part of the Revolving Credit Loans Term Loan hereunder cause such 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 such Lender (including, without limitation, including any expenses incurred or payable pursuant to Section 2.08, 2.10, 2.11 5.6 [Additional Compensation in Certain Circumstances]) or 2.12 hereof) Section 5.8 [Taxes] which would otherwise not be incurred.

Appears in 2 contracts

Samples: Credit Agreement (New Jersey Resources Corp), Assignment and Assumption Agreement (New Jersey Resources Corp)

Actual Funding. Each Lender Bank shall have the right from time to time to make or maintain any Revolving Credit Loan by arranging for a branch, subsidiary Subsidiary or affiliate Affiliate of such Lender Bank to make or maintain such Revolving Credit Loan subject to the last sentence of this Section 10.17(b)10.5.2. If any Lender Bank causes a branch, subsidiary Subsidiary or affiliate Affiliate to make or maintain any part of the Revolving Credit 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 Lender Bank, but in no event shall any LenderBank's use of such a branch, subsidiary Subsidiary or affiliate Affiliate to make or maintain any part of the Revolving Credit Loans hereunder cause such Lender 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 such Lender Bank (including, without limitation, including any expenses incurred or payable pursuant to Section 2.08, 2.10, 2.11 or 2.12 hereof4.6) which would otherwise not be incurred.

Appears in 1 contract

Samples: Credit Agreement (Consolidated Stores Corp /De/)

Actual Funding. Each Lender Bank shall have the right from time to time to make or maintain any Revolving Credit Loan by arranging for a branch, subsidiary Subsidiary or affiliate Affiliate of such Lender Bank to make or maintain such Revolving Credit Loan subject to the last sentence of this Section 10.17(b)10.5.2. If any Lender Bank causes a branch, subsidiary Subsidiary or affiliate Affiliate to make or maintain any part of the Revolving Credit 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 Lender Bank, but in no event shall any LenderBank's use of such a branch, subsidiary Subsidiary or affiliate Affiliate to make or maintain any part of the Revolving Credit Loans hereunder cause such Lender 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 such Lender Bank (including, without limitation, including any expenses incurred or payable pursuant to Section 2.08, 2.10, 2.11 or 2.12 hereof4.5 [Additional Compensation in Certain Circumstances]) which would otherwise not be incurred.

Appears in 1 contract

Samples: Credit Agreement (KPMG Consulting Inc)

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Actual Funding. Each Lender shall have the right from time to time to make or maintain any Revolving Credit Loan by arranging for a branch, subsidiary Subsidiary or affiliate Affiliate of such Lender to make or maintain such Revolving Credit Loan subject to the last sentence of this Section 10.17(b)10.5.2. If any Lender causes a branch, subsidiary Subsidiary or affiliate Affiliate to make or maintain any part of the Revolving Credit 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 Lender Lender, but in no event shall any Lender's ’s use of such a branch, subsidiary Subsidiary or affiliate Affiliate to make or maintain any part of the Revolving Credit Loans hereunder cause such 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 such Lender (including, without limitation, including any expenses incurred or payable pursuant to Section 2.08, 2.10, 2.11 or 2.12 hereof4.6 [Additional Compensation in Certain Circumstances]) which would otherwise not be incurred.

Appears in 1 contract

Samples: Credit Agreement (CastleRock Security Holdings, Inc.)

Actual Funding. Each Lender shall have the right from time to -------------- time to make or maintain any Revolving Credit Loan by arranging for a branch, subsidiary or affiliate of such Lender to make or maintain such Revolving Credit Loan subject to the last sentence of this Section 10.17(b10.18(b). If any Lender causes a branch, subsidiary or affiliate to make or maintain any part of the Revolving Credit 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 Lender but in no event shall any Lender's use of such a branch, subsidiary or affiliate to make or maintain any part of the Revolving Credit Loans hereunder cause such 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 such Lender (including, without limitation, any expenses incurred or payable pursuant to Section 2.08, 2.10, 2.11 or 2.12 hereof) which would otherwise not be incurred.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Carbide Graphite Group Inc /De/)

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