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

Discretion of Lender as to Manner of Funding. Notwithstanding any provision contained in this Agreement to the contrary, Lender shall be entitled to fund and maintain its funding of all or any part of its LIBOR Loans in any manner it elects, it being understood, however, that for purposes of this Agreement all determinations hereunder (including, without limitation, the determination of Lender’s funding losses and expenses under Section 2.10) shall be made as if Lender had actually funded and maintained each LIBOR Loan through the purchase of deposits having a maturity corresponding to the maturity of the applicable Interest Period relating to the applicable LIBOR Loan and bearing an interest rate equal to the applicable LIBOR Base Rate.

Appears in 9 contracts

Samples: Revolving Credit Agreement (Laclede Gas Co), Revolving Credit Agreement (Laclede Gas Co), Revolving Credit Agreement (Laclede Group Inc)

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Discretion of Lender as to Manner of Funding. Notwithstanding any provision contained in of this Agreement to the contrary, Lender shall be entitled to fund and maintain its funding of all or any part of its LIBOR Loans in any manner it electssees fit, it being understood, however, that for the purposes of this Agreement all determinations hereunder (including, without limitation, the determination of Lender’s funding losses and expenses under Section 2.10) shall be made as if Lender had actually funded and maintained each LIBOR Loan during each Interest Period for such Loan through the purchase of deposits having a maturity corresponding to the maturity of the applicable such Interest Period relating to the applicable LIBOR Loan and bearing an interest rate equal to the applicable LIBOR Base RateRate for such Interest Period.

Appears in 8 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Mattersight Corp), Loan and Security Agreement (Pernix Group, Inc.)

Discretion of Lender as to Manner of Funding. Notwithstanding any provision contained in provisions of this Agreement to the contrary, each Lender shall be entitled to fund and maintain its funding of all or any part of its LIBOR Loans Loan in any manner it electssees fit, it being understood, however, that for the purposes of this Agreement all determinations hereunder (including, without limitation, the determination of Lender’s funding losses and expenses under Section 2.10) shall be made as if each Lender had actually funded and maintained each LIBOR Loan through the purchase of deposits having a maturity corresponding to the maturity last day of the applicable Interest Period relating applicable to the applicable such LIBOR Loan and bearing an interest rate equal to at the applicable LIBOR Base Rateinterest rate for such Interest Period.

Appears in 5 contracts

Samples: Credit Agreement (Parallel Petroleum Corp), Credit Agreement (Parallel Petroleum Corp), Credit Agreement (Parallel Petroleum Corp)

Discretion of Lender as to Manner of Funding. Notwithstanding any provision contained in of this Agreement to the contrary, Lender shall be entitled to fund and maintain its funding of all or any part of its LIBOR Loans in any manner it electssees fit, it being understood, however, that for the purposes of this Agreement all determinations hereunder (including, without limitation, the determination of Lender’s funding losses and expenses under Section 2.10) shall be made as if Lender had actually funded and maintained each LIBOR Loan during each Interest Period for such Loan through the purchase of deposits having a maturity corresponding to the maturity of the applicable such Interest Period relating to the applicable LIBOR Loan and bearing an interest rate equal to the applicable LIBOR Base RateLIBO Rate for such Interest Period.

Appears in 4 contracts

Samples: Loan and Security Agreement (Therapeutics Acquisition Corp.), Loan and Security Agreement (Kingsway Financial Services Inc), Loan and Security Agreement (Camping World Holdings, Inc.)

Discretion of Lender as to Manner of Funding. Notwithstanding any provision contained in provisions of this Agreement to the contrary, each Lender shall be entitled to fund and maintain its funding of all or any part of its LIBOR Loans Loan in any manner it electssees fit, it being understood, however, that for the purposes of this Agreement all determinations hereunder (including, without limitation, the determination of Lender’s funding losses and expenses under Section 2.10) shall be made as if each Lender had actually funded and maintained each LIBOR Loan through the purchase of deposits having a maturity corresponding to the maturity last day of the applicable Interest Period relating applicable to the applicable such LIBOR Loan and bearing an interest rate equal to the applicable interest rate for such LIBOR Base RatePeriod.

Appears in 4 contracts

Samples: Credit Agreement (Southwest Royalties Inc), Credit Agreement (Exco Resources Inc), Credit Agreement (3tec Energy Corp)

Discretion of Lender as to Manner of Funding. Notwithstanding any provision contained in provisions of this Agreement to the contrary, Lender shall be entitled to fund and maintain its funding of all or any part of its LIBOR Loans in any manner it electssees fit, it being understood, however, that for the purposes of this Agreement all determinations hereunder (includinghereunder, without limitationexcept as may otherwise be provided in this Article IV, the determination of Lender’s funding losses and expenses under Section 2.10) shall be made as if Lender had actually funded and maintained each LIBOR Loan through the purchase of deposits having a maturity corresponding to the maturity last day of the applicable LIBOR Interest Period relating applicable to the applicable such LIBOR Loan and bearing an interest rate equal to the applicable interest rate for such LIBOR Base RatePeriod.

Appears in 1 contract

Samples: Credit Agreement (Black Ridge Oil & Gas, Inc.)

Discretion of Lender as to Manner of Funding. Notwithstanding any ---------------------------------------------- provision contained in this Agreement to the contrary, Lender shall be entitled to fund and maintain its funding of all or any part of its the LIBOR Loans in any manner it elects, it being understood, however, that for purposes of this Agreement all determinations hereunder (including, without limitation, the determination of Lender’s 's funding losses and expenses under Section 2.102.12) shall be made as if Lender had actually funded and maintained each LIBOR Loan through the purchase of deposits having a maturity corresponding to the maturity of the applicable Interest Period relating to the applicable LIBOR Loan and bearing an interest rate equal to the applicable LIBOR Base Rate.

Appears in 1 contract

Samples: Loan Agreement (Amrep Corp)

Discretion of Lender as to Manner of Funding. Notwithstanding -------------------------------------------- any provision contained in this Agreement to the contrary, Lender shall be entitled to fund and maintain its funding of all or any part of its LIBOR Loans in any manner it elects, it being understood, however, that for purposes of this Agreement all determinations hereunder (including, without limitation, the determination of Lender’s 's funding losses and expenses under Section 2.10) shall be made as if Lender had actually funded and maintained each LIBOR Loan through the purchase of deposits having a maturity corresponding to the maturity of the applicable Interest Period relating to the applicable LIBOR Loan and bearing an interest rate equal to the applicable LIBOR Base Rate.

Appears in 1 contract

Samples: Revolving Credit Agreement (Laclede Gas Co)

Discretion of Lender as to Manner of Funding. Notwithstanding -------------------------------------------- any provision contained in provisions of this Agreement to the contrary, each Lender shall be entitled to fund and maintain its funding of all or any part of its LIBOR Loans Loan in any manner it electssees fit, it being understood, however, that for the purposes of this Agreement all determinations hereunder (including, without limitation, the determination of Lender’s funding losses and expenses under Section 2.10) shall be made as if each Lender had actually funded and maintained each LIBOR Loan through the purchase of deposits having a maturity corresponding to the maturity last day of the applicable Interest Period relating applicable to the applicable such LIBOR Loan and bearing an interest rate equal to the applicable interest rate for such LIBOR Base RatePeriod.

Appears in 1 contract

Samples: Credit Agreement (3tec Energy Corp)

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Discretion of Lender as to Manner of Funding. Notwithstanding any provision contained in of this Agreement to the contrary, Lender shall be entitled to fund and maintain its funding of all or any part of its LIBOR the Loans in any manner it electssees fit, it being understood, understood however, that for the purposes of this Agreement all determinations hereunder (including, without limitation, the determination of Lender’s funding losses and expenses under Section 2.10) shall be made as if Lender had actually funded and maintained each LIBOR Loan Portion during each Interest Period applicable thereto through the purchase of deposits in the relevant market in the amount of such LIBOR Portion, having a maturity corresponding to the maturity of the applicable such Interest Period relating to the applicable LIBOR Loan and bearing an interest rate equal to the applicable LIBOR Base RateRate for such Interest Period.

Appears in 1 contract

Samples: Loan and Security Agreement (Franklin Ophthalmic Instruments Co Inc)

Discretion of Lender as to Manner of Funding. Notwithstanding -------------------------------------------- any provision contained in this Agreement to the contrary, Lender shall be entitled to fund and maintain its funding of all or any part of its LIBOR Loans in any manner it elects, it being understood, however, that for purposes of this Agreement all determinations hereunder (including, without limitation, the determination of Lender’s 's funding losses and expenses under Section 2.102.08) shall be made as if Lender had actually funded and maintained each LIBOR Loan through the purchase of deposits having a maturity corresponding to the maturity of the applicable Interest Period relating to the applicable LIBOR Loan and bearing an interest rate equal to the applicable LIBOR Base Rate.

Appears in 1 contract

Samples: Loan Agreement (Laclede Gas Co)

Discretion of Lender as to Manner of Funding. Notwithstanding any provision contained in this Agreement to the contrary, Lender shall be entitled to fund and maintain its funding of all or any part of its the LIBOR Loans in any manner it elects, it being understood, however, that for purposes of this Agreement all determinations hereunder (including, without limitation, the determination of Lender’s 's funding losses and expenses under Section 2.102.12) shall be made as if Lender had actually funded and maintained each LIBOR Loan through the purchase of deposits having a maturity corresponding to the maturity of the applicable Interest Period relating to the applicable LIBOR Loan and bearing an interest rate equal to the applicable LIBOR Base Rate.

Appears in 1 contract

Samples: Loan Agreement (Interlott Technologies Inc)

Discretion of Lender as to Manner of Funding. Notwithstanding any provision contained in this Agreement to the contrary, Lender shall be entitled to fund and maintain its funding of all or any part of its the LIBOR Loans in any manner it elects, it being understood, however, that for purposes of this Agreement all determinations hereunder (including, without limitation, the determination of Lender’s 's funding losses and expenses under Section 2.102.13) shall be made as if Lender had actually funded and maintained each LIBOR Loan through the purchase of deposits having a maturity corresponding to the maturity of the applicable Interest Period relating to the applicable LIBOR Loan and bearing an interest rate equal to the applicable LIBOR Base Rate.

Appears in 1 contract

Samples: Loan Agreement (Labarge Inc)

Discretion of Lender as to Manner of Funding. Notwithstanding any provision contained in provisions of this Agreement to the contrary, each Lender shall be entitled to fund and maintain its funding of all or any part of its LIBOR Revolving Loans in any manner it electssees fit, it being understood, however, that for the purposes of this Agreement all determinations hereunder (includinghereunder, without limitationexcept as may otherwise be provided in this Article V, the determination of Lender’s funding losses and expenses under Section 2.10) shall be made as if each Lender had actually funded and maintained each LIBOR Loan through the purchase of deposits having a maturity corresponding to the maturity last day of the applicable LIBOR Interest Period relating applicable to the applicable such LIBOR Loan and bearing an interest rate equal to the applicable interest rate for such LIBOR Base RatePeriod.

Appears in 1 contract

Samples: Credit Agreement (LHC Group, Inc)

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