Common use of Discretion of Banks as to Manner of Funding Clause in Contracts

Discretion of Banks as to Manner of Funding. Notwithstanding any provision of this Agreement to the contrary, each Bank shall be entitled to fund and maintain its funding of all or any part of its Loans in any manner it sees fit, it being understood, however, that for the purposes of this Agreement all determinations hereunder shall be made as if such Bank had actually funded and maintained each Eurodollar Loan during each Interest Period for such Loan through the purchase of deposits having a maturity corresponding to such Interest Period and bearing an interest rate equal to the Eurodollar Rate for such Interest Period.

Appears in 33 contracts

Samples: Assignment Agreement (Regal Beloit Corp), Credit Agreement (Regal Beloit Corp), Credit Agreement (Fargo Electronics Inc)

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Discretion of Banks as to Manner of Funding. Notwithstanding any provision provisions of this Agreement to the contrary, each Bank shall be entitled to fund and maintain its funding of all or any part of its Loans Commitment in any manner it sees fit, it being understood, however, that for the purposes of this Agreement all determinations hereunder shall be made as if such Bank had actually funded and maintained each Eurodollar Loan during each the Interest Period for such Eurodollar Loan through the purchase of deposits having a maturity corresponding to the last day of such Interest Period and bearing an interest rate equal to the Adjusted Eurodollar Rate for such Interest Period.

Appears in 19 contracts

Samples: Credit Agreement (Par Petroleum Corp/Co), Credit Agreement (Denbury Resources Inc), Credit Agreement (Whiting Petroleum Corp)

Discretion of Banks as to Manner of Funding. Notwithstanding any provision provisions of this Agreement to the contrary, each Bank shall be entitled to fund and maintain its funding of all or any part of its Loans Commitment in any manner it sees fit, it being understood, however, that for the purposes of this Agreement all determinations hereunder shall be made as if such Bank had actually funded and maintained each Eurodollar Loan during each Interest Period for such Loan through the purchase of deposits having a maturity corresponding to such the last day of the Interest Period applicable to such Eurodollar Loan and bearing an interest rate equal to the Adjusted Eurodollar Rate for such Interest Period.

Appears in 5 contracts

Samples: Credit Agreement (Exco Resources Inc), Credit Agreement (Exco Resources Inc), Credit Agreement (Encore Acquisition Co)

Discretion of Banks as to Manner of Funding. Notwithstanding any ------------------------------------------- provision of this Agreement to the contrary, each Bank shall be entitled to fund and maintain its funding of all or any part of its Loans in any manner it sees fit, it being understood, however, that for the purposes of this Agreement all determinations hereunder shall be made as if such Bank had actually funded and maintained each Eurodollar Loan during each Interest Period for such Loan through the purchase of deposits having a maturity corresponding to such Interest Period and bearing an interest rate equal to the Eurodollar Rate for such Interest Period.

Appears in 3 contracts

Samples: Credit Agreement (United Rentals Inc), Credit Agreement (United Rentals Inc), Credit Agreement (Elgin National Industries Inc)

Discretion of Banks as to Manner of Funding. Notwithstanding any provision provisions of this Agreement to the contrary, each Bank shall be entitled to fund and maintain its funding of all or any part of its Loans Commitment in any manner it sees fit, it being understood, however, that for the purposes of this Agreement all determinations hereunder shall be made as if such Bank had actually funded and maintained each Eurodollar Loan Tranche during each the Interest Period for such Loan Eurodollar Tranche through the purchase of deposits having a maturity corresponding to the last day of such Interest Period and bearing an interest rate equal to the Adjusted Eurodollar Rate for such Interest Period.

Appears in 3 contracts

Samples: Credit Agreement (Patina Oil & Gas Corp), Credit Agreement (Triton Energy LTD), Credit Agreement (Mariner Energy Inc)

Discretion of Banks as to Manner of Funding. Notwithstanding any provision of this Agreement to the contrary, each Each Bank shall be entitled to fund and maintain its funding of all or any part of its Loans Eurodollar Rate Advances in any manner it sees fitmay elect, it being understood, however, that for the purposes of this Agreement all determinations hereunder (including, but not limited to, determinations under Section 2.17) shall be made as if such Bank had actually funded and maintained each Eurodollar Loan Rate Advances during each the Interest Period for such Loan Advance through the purchase of deposits having a maturity corresponding to such the last day of the Interest Period and bearing an interest rate equal to the Eurodollar Rate for such Interest Period.

Appears in 3 contracts

Samples: Credit Agreement (Alleghany Corp /De), Pledge Agreement (Graco Inc), Credit Agreement (Alleghany Corp /De)

Discretion of Banks as to Manner of Funding. Notwithstanding any provision of this Agreement to the contrary, each Bank shall be entitled to fund and maintain its funding of all or any part of its Loans in any manner it sees fit, it being understood, however, that for the purposes of this Agreement all determinations hereunder shall be made as if such Bank had actually funded and maintained each Eurodollar Rate Loan during each Interest Period for such Loan through the purchase of deposits having a maturity corresponding to such Interest Period and bearing an interest rate equal to the Eurodollar Rate Rate, as the case may be, for such Interest Period.

Appears in 2 contracts

Samples: Credit Agreement (Conseco Inc Et Al), Credit Agreement (Conseco Inc)

Discretion of Banks as to Manner of Funding. Notwithstanding any ------------------------------------------- provision of this Agreement to the contrary, each Bank shall be entitled to fund and maintain its funding of all or any part of its Loans in any manner it sees fit, it being understood, however, that for the purposes of this Agreement all determinations hereunder shall be made as if such Bank had actually funded and maintained each Eurodollar Loan during each Interest Period for such Loan through the purchase of deposits having a maturity corresponding to such Interest Period and bearing an interest rate equal to the Eurodollar IBOR Rate for such Interest Period.

Appears in 2 contracts

Samples: Credit Agreement (United Road Services Inc), Credit Agreement (United Road Services Inc)

Discretion of Banks as to Manner of Funding. Notwithstanding any provision of this Agreement to the contrary, each Bank shall be entitled to fund and maintain its funding of all or any part of its Loans Loan in any manner it sees fit, it being understood, however, that for the purposes of this Agreement all determinations hereunder shall be made as if such Bank had actually funded and maintained each Eurodollar Loan Tranche during each Interest Period for such its Loan through the purchase of deposits having a maturity corresponding to such Interest Period and bearing an interest rate equal to the Eurodollar Rate for such Interest Period.

Appears in 2 contracts

Samples: Term Loan Agreement (Regal Beloit Corp), Term Loan Agreement (Regal Beloit Corp)

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Discretion of Banks as to Manner of Funding. Notwithstanding any provision of this Agreement to the contrary, each Bank shall be entitled to fund and maintain its funding of all or any part of its Revolving Loans in any manner it sees fit, it being understood, however, that for the purposes of this Agreement all determinations hereunder shall be made as if such Bank had actually funded and maintained each Eurodollar Loan during each Interest Period for such Loan through the purchase of deposits having a maturity corresponding to such Interest Period and bearing an interest rate equal to the Eurodollar Rate for such Interest Period.

Appears in 2 contracts

Samples: Credit Agreement (Allied Products Corp /De/), Credit Agreement (Allied Products Corp /De/)

Discretion of Banks as to Manner of Funding. Notwithstanding any provision of this Agreement to the contrary, each Bank shall be entitled to fund and maintain its funding of all or any part of its Loans in any manner it sees fit, it being understood, however, that for the purposes of this Agreement all determinations hereunder shall be made as if such each Bank had actually funded and maintained each Eurodollar Loan during each Interest Loan Period for such Eurodollar Loan through the purchase of deposits having a maturity corresponding to such Interest Loan Period and bearing an interest rate equal to the Eurodollar Rate for such Interest Loan Period.

Appears in 1 contract

Samples: Credit Agreement (Puget Sound Energy Inc)

Discretion of Banks as to Manner of Funding. Notwithstanding any provision of this Agreement to the contrary, each Bank shall be entitled to fund and maintain its funding of all or any part of its Loans in any manner it sees fit, it being understood, however, that for the purposes of this Agreement all determinations hereunder shall be made as if such Bank had actually funded and maintained each Eurodollar Loan during each Interest Period for such Loan through the purchase of deposits having a maturity corresponding to such Interest Period and bearing an interest rate equal to the Eurodollar Rate for such Interest Period.

Appears in 1 contract

Samples: Credit Agreement (Tetra Tech Inc)

Discretion of Banks as to Manner of Funding. Notwithstanding any other provision of this Agreement to the contraryAgreement, each Bank shall be entitled to fund and maintain its funding of all or any part of its Loans in any manner it sees fit, it being understood, however, that for the purposes of this Agreement all determinations hereunder under this Agreement shall be made as if such each Bank had actually funded and maintained each Eurodollar Loan during each Interest Period for such Eurocurrency Loan through the purchase of deposits in the relevant market having a maturity corresponding to such Loan's Interest Period and bearing an interest rate equal to the Eurodollar Rate LIBOR for such Interest Period.

Appears in 1 contract

Samples: Credit Agreement (Phoenix Companies Inc/De)

Discretion of Banks as to Manner of Funding. Notwithstanding any provision provisions of this Agreement to the contrary, each Bank shall be entitled to fund and maintain its funding of all or any part of its Loans in any manner it sees fit, it being understood, however, that for the purposes of this Agreement all determinations hereunder shall be made as if such Bank had actually funded and maintained each Eurodollar Loan during each the Interest Period for such Eurodollar Loan through the purchase of deposits having a maturity corresponding to the last day of such Interest Period and bearing an interest rate equal to the Eurodollar Rate for such Interest Period.

Appears in 1 contract

Samples: Credit Agreement (Berry Petroleum Co)

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