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 of this Agreement to the contrary, Lender shall be entitled to fund and maintain its funding of all or any part of its Term 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 Lender had actually funded and maintained each LIBOR Loan during each Interest Period for such Term Loan through the purchase of deposits having a maturity corresponding to such Interest Period and bearing an interest rate equal to the LIBO Rate for such Interest Period.

Appears in 3 contracts

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

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Discretion of Lender as to Manner of Funding. Notwithstanding any other provision of this Agreement to Agreement, the contrary, Lender shall be entitled to fund and maintain its funding of all or any part of its Term Loan 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 the Lender had actually funded and maintained each LIBOR Loan during each Interest Period for such Term Loan through the purchase of deposits in the LIBOR interbank market having a maturity corresponding to such Loan’s Interest Period and bearing an interest rate equal to the LIBO Rate LIBOR for such Interest Period.

Appears in 3 contracts

Samples: Seasonal Credit Agreement (Peoples Energy Corp), Seasonal Credit Agreement (Peoples Energy Corp), Seasonal Credit Agreement (Peoples Energy Corp)

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

Appears in 2 contracts

Samples: Revolving Credit Agreement (Byline Bancorp, Inc.), Revolving Credit Agreement (Byline Bancorp, Inc.)

Discretion of Lender as to Manner of Funding. Notwithstanding any other provision of this Agreement to the contraryAgreement, Lender shall be entitled to fund and maintain its funding of all or any part of its Term Loan the 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 Lender had actually funded and maintained each LIBOR Loan during each Interest Period for such Term 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 LIBO Rate LIBOR, for such Interest Period.

Appears in 2 contracts

Samples: Credit Agreement (Zebu), Credit Agreement (Hub International LTD)

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

Appears in 2 contracts

Samples: Revolving Note and Credit Agreement Modification Agreement (International Baler Corp), Credit Agreement (Janel Corp)

Discretion of Lender as to Manner of Funding. Notwithstanding any provision of this Agreement to the contrary, Lender shall be entitled to fund and maintain its funding of all or any part of its the Term 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 Lender had actually funded and maintained each LIBOR the Term Loan during each Interest Period for such the Term Loan through the purchase of deposits having a maturity corresponding to such Interest Period and bearing an interest rate equal to the LIBO LIBOR Rate for such Interest Period.

Appears in 2 contracts

Samples: Loan and Security Agreement (Kinsale Capital Group, Inc.), Loan and Security Agreement (Kinsale Capital Group, Inc.)

Discretion of Lender as to Manner of Funding. Notwithstanding any other provision of this Agreement to the contraryAgreement, each Lender shall be entitled to fund and maintain its funding of all or any part of its Term Loan 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 Lender had actually funded and maintained each LIBOR Loan during each Interest Period for such Term Loan through the purchase of deposits having a maturity corresponding to such Interest Period and bearing an interest rate equal to the LIBO Rate for such Interest Period.in the

Appears in 2 contracts

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

Discretion of Lender as to Manner of Funding. Notwithstanding any other provision of this Agreement to the contraryAgreement, each Lender shall be entitled to fund and maintain its funding of all or any part of its Term Loan 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 each Lender had actually funded and maintained each Revolving LIBOR Loan during each Interest Period for such Term Loan through the purchase of deposits in the relevant market having a maturity corresponding to such Revolving Loan's Interest Period and bearing an interest rate equal to the LIBO LIBOR Rate for such Interest Period.

Appears in 1 contract

Samples: Credit Agreement (Full Circle Capital Corp)

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Discretion of Lender as to Manner of Funding. Notwithstanding any provision of this Agreement to the contrary, the Lender shall be entitled to fund and maintain its funding of all or any part of its Term Loan 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 the Lender had actually funded and maintained each LIBOR Loan during each Interest Period for such Term Loan through the purchase of deposits having a maturity corresponding to such Interest Period and bearing an interest rate equal to the LIBO Rate LIBOR for such Interest Period.

Appears in 1 contract

Samples: Credit Agreement (Weyco Group Inc)

Discretion of Lender as to Manner of Funding. Notwithstanding any provision of this Agreement to the contrary, Lender shall be entitled to fund and maintain its funding of all or any part of its Term 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 Lender had actually funded and maintained each LIBOR LIBO Rate Loan during each Interest Period for such a Term Loan through the purchase of deposits having a maturity corresponding to such Interest Period and bearing an interest rate equal to the LIBO Rate for such Interest Period.

Appears in 1 contract

Samples: Credit Agreement (SuperCom LTD)

Discretion of Lender as to Manner of Funding. Notwithstanding any other provision of this Agreement to the contraryAgreement, Lender shall be entitled to fund and maintain its funding of all or any part of its Term Loan 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 Lender had actually funded and maintained each LIBOR Loan during each Interest Period for such Term Loan the Loans through the purchase of deposits in the interbank market having a maturity corresponding to such each Loan's Interest Period and bearing an interest rate equal to the LIBO Libor Rate for such Interest Periodinterest period.

Appears in 1 contract

Samples: Loan Agreement (Minuteman International Inc)

Discretion of Lender as to Manner of Funding. Notwithstanding any other provision of this Agreement to the contraryAgreement, each Lender shall be entitled to fund and maintain its funding of all or any part of its Term Loan 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 Lender had actually funded and maintained each LIBOR Loan during each Interest Period for such Term 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 LIBO Rate LIBOR, for such Interest Period.

Appears in 1 contract

Samples: Credit Agreement (Continental Waste Industries Inc)

Discretion of Lender as to Manner of Funding. Notwithstanding any provision of this Agreement to the contrary, the Lender shall be entitled to fund and maintain its funding of all or any part of its Term Loan 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 the Lender had actually funded and maintained each LIBOR Loan during each Interest Period for such Term Loan through the purchase of deposits having a maturity corresponding to such Interest Period and bearing an interest rate equal to the LIBO LIBOR Rate for such Interest Period.

Appears in 1 contract

Samples: Credit Agreement (Westell Technologies Inc)

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