Lenders’ Failure to Perform. All Advances shall be made by the Lenders simultaneously and in accordance with their Pro Rata Shares. It is understood that (i) no Lender shall be responsible for any failure by any other Lender to perform its obligation to make any Advances hereunder, nor shall any Commitment of any Lender be increased or decreased as a result of any failure by any other Lender to perform its obligation to make any Advances hereunder, and (ii) no failure by any Lender to perform its obligation to make any Advances hereunder shall excuse any other Lender from its obligation to make any Advances hereunder.
Appears in 4 contracts
Samples: Loan Agreement (Ram Energy Resources Inc), Loan Agreement (Ram Energy Resources Inc), Loan and Security Agreement (Samuels Jewelers Inc)
Lenders’ Failure to Perform. All Advances (other than Foothill Loans and Agent Advances) shall be made by the Lenders simultaneously and in accordance with their Pro Rata Shares. It is understood that (i) no Lender shall be responsible for any failure by any other Lender to perform its obligation to make any Advances hereunder, nor shall any Commitment of any Lender be increased or decreased as a result of any failure by any other Lender to perform its obligation to make any Advances hereunder, and (ii) no failure by any Lender to perform its obligation to make any Advances hereunder shall excuse any other Lender from its obligation to make any Advances hereunder.
Appears in 4 contracts
Samples: Loan and Security Agreement (Employee Solutions Inc), Loan and Security Agreement (Southwest Royalties Holdings Inc), Loan and Security Agreement (Ram Energy Inc/Ok)
Lenders’ Failure to Perform. All Advances (other than Protective Advances) shall be made by the Lenders simultaneously contemporaneously and in accordance with their Pro Rata Shares. It is understood that (i) no Lender shall be responsible for any failure by any other Lender to perform its obligation to make any Advances Advance (or other extension of credit) hereunder, nor shall any Commitment of any Lender be increased or decreased as a result of any failure by any other Lender to perform its obligation to make any Advances obligations hereunder, and (ii) no failure by any Lender to perform its obligation to make any Advances obligations hereunder shall excuse any other Lender from its obligation to make any Advances obligations hereunder.
Appears in 4 contracts
Samples: Dip Credit Agreement (Storm Cat Energy CORP), Dip Credit Agreement (Foothills Resources Inc), Credit Agreement (Intapp, Inc.)
Lenders’ Failure to Perform. All Advances (other than Agent Loans and Agent Advances) shall be made by the Lenders simultaneously and in accordance with their Pro Pro-Rata Shares. It is understood that (i) no Lender shall be responsible for any failure by any other Lender to perform its obligation to make any Advances hereunder, nor shall any Commitment of any Lender be increased or decreased as a result of any failure by any other Lender to perform its obligation to make any Advances hereunder, and (ii) no failure by any Lender to perform its obligation to make any Advances hereunder shall excuse any other Lender from its obligation to make any Advances hereunder.
Appears in 3 contracts
Samples: Loan and Security Agreement (Texas New Mexico & Oklahoma Coaches Inc), Loan and Security Agreement (Vermont Transit Co Inc), Loan and Security Agreement (Los Buenos Leasing Co Inc)
Lenders’ Failure to Perform. All Advances shall be made by the Lenders simultaneously contemporaneously and in accordance with their Pro Rata Shares. It is understood that (i) no Lender shall be responsible for any failure by any other Lender to perform its obligation to make any Advances Advance (or other extension of credit (if any)) hereunder, nor shall any Commitment of any Lender be increased or decreased as a result of any failure by any other Lender to perform its obligation to make any Advances obligations hereunder, and (ii) no failure by any Lender to perform its obligation to make any Advances obligations hereunder shall excuse any other Lender from its obligation to make any Advances obligations hereunder.
Appears in 2 contracts
Samples: Loan Agreement (Abraxas Petroleum Corp), Loan Agreement (Abraxas Petroleum Corp)
Lenders’ Failure to Perform. All Advances shall be made by the Lenders simultaneously contemporaneously and in accordance with their Pro Rata Shares. It is understood that (i) no Lender shall be responsible for any failure by any other Lender to perform its obligation to make any Advances Advance (or other extension of credit) hereunder, nor shall any Commitment of any Lender be increased or decreased as a result of any failure by any other Lender to perform its obligation to make any Advances obligations hereunder, and (ii) no failure by any Lender to perform its obligation to make any Advances obligations hereunder shall excuse any other Lender from its obligation to make any Advances obligations hereunder.
Appears in 2 contracts
Samples: Loan and Security Agreement (SMART Modular Technologies (WWH), Inc.), Credit Agreement (Ocular Sciences Inc /De/)
Lenders’ Failure to Perform. All Advances shall be made by the Lenders simultaneously substantially contemporaneously and in accordance with their Pro Rata Shares. It is understood that (i) no Lender shall be responsible for any failure by any other Lender to perform its obligation to make any Advances Advance hereunder, nor shall any Revolver Commitment of any Lender be increased or decreased as a result of any failure by any other Lender to perform its obligation to make any Advances obligations hereunder, and (ii) no failure by any Lender to perform its obligation to make any Advances obligations hereunder shall excuse any other Lender from its obligation to make any Advances obligations hereunder.
Appears in 1 contract
Lenders’ Failure to Perform. All Advances shall be made by the Lenders simultaneously contemporaneously and in accordance with their Pro Rata Shares. It is understood that (i) no Lender shall be responsible for any failure by any other Lender to perform its obligation to make any Advances Advance (or other extension of credit) hereunder, nor shall any the Revolver Commitment of any Lender be increased or decreased as a result of any failure by any other Lender to perform its obligation to make any Advances obligations hereunder, and (ii) no failure by any Lender to perform its obligation to make any Advances obligations hereunder shall excuse any other Lender from its obligation to make any Advances obligations hereunder.
Appears in 1 contract
Samples: Loan and Security Agreement (Hudson Respiratory Care Inc)
Lenders’ Failure to Perform. All Advances (other than Foothill Loans and Agent Advances) shall be made by the Lenders simultaneously and in accordance with their Pro Rata Shares. It is understood that (i) no Lender shall be responsible for any failure by any other Lender to perform its obligation to make any Advances hereunder, nor shall any Commitment of any Lender be increased or decreased as a result of any failure by any other Lender to perform its obligation to make any Advances hereunder, and (ii) no failure by any Lender to perform its obligation to make any Advances hereunder shall excuse any other Lender from its obligation to make any Advances hereunder.
Appears in 1 contract
Samples: Loan and Security Agreement (General Datacomm Industries Inc)
Lenders’ Failure to Perform. All Advances (other than Agent Loans and Agent Advances) shall be made by the Lenders simultaneously and in accordance with their Pro Rata Shares. It is understood that (i) no Lender shall be responsible for any failure by any other Lender to perform its obligation to make any Advances hereunder, nor shall any Commitment of any Lender be increased or decreased as a result of any failure by any other Lender to perform its obligation obligations to make any Advances hereunder, and (ii) no failure by any Lender to perform its obligation to make any Advances hereunder shall excuse any other Lender from its obligation to make any Advances hereunder.
Appears in 1 contract
Lenders’ Failure to Perform. All Advances shall be made by the Lenders simultaneously contemporaneously and in accordance with their Pro Rata Shares. It is understood that (i) no Lender shall be responsible for any failure by any other Lender to perform its obligation to make any Advances Advance (or other extension of credit) hereunder, nor shall any Revolver Commitment of any Lender be increased or decreased as a result of any failure by any other Lender to perform its obligation to make any Advances obligations hereunder, and (ii) no failure by any Lender to perform its obligation to make any Advances obligations hereunder shall excuse any other Lender from its obligation to make any Advances obligations hereunder.
Appears in 1 contract
Samples: Loan, Guaranty and Security Agreement (Design Within Reach Inc)
Lenders’ Failure to Perform. All Advances (other than Foothill Loans and Foothill Group Agent Advances) shall be made by the Lenders with a Commitment to make Advances simultaneously and in accordance with their Pro Rata Shares. It is understood that (i) no such Lender shall be responsible for any failure by any other Lender to perform its obligation to make any Advances hereunder, nor shall any Commitment of any such Lender be increased or decreased as a result of any failure by any other Lender to perform its obligation to make any Advances hereunder, and (ii) no failure by any such Lender to perform its obligation to make any Advances hereunder shall excuse any other such Lender from its obligation to make any Advances hereunder.
Appears in 1 contract
Lenders’ Failure to Perform. All Advances (other than Agent Loans and Agent Advances) shall be made by the Lenders simultaneously and in accordance with their Pro Rata Shares. It is understood that (i) no Lender shall be responsible for any failure by any other Lender to perform its obligation to make any Advances hereunder, nor shall any Commitment of any Lender be increased or decreased as a result of any failure by any other Lender to perform its obligation to make any Advances hereunder, and (ii) no failure by any Lender to perform its obligation to make any Advances hereunder shall excuse any other Lender from its obligation to make any Advances hereunder.
Appears in 1 contract
Samples: Loan and Security Agreement (Icf Kaiser International Inc)
