Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments of the applicable Class. Each Swingline Loan shall be made in accordance with the terms and procedures set forth in Section 2.04.
Appears in 23 contracts
Samples: Credit Agreement (Knowlton Development Parent, Inc.), Intercreditor Agreement (Cotiviti Holdings, Inc.), Pledge and Security Agreement (Nuvei Corp)
Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments of the applicable Class. Each Swingline Loan shall be made in accordance with the terms and procedures set forth in Section 2.04.
Appears in 18 contracts
Samples: Credit Agreement (Wanda Sports Group Co LTD), Credit Agreement (Osmotica Pharmaceuticals PLC), First Lien Credit Agreement (Isos Acquisition Corp.)
Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments of the applicable Class. Each Any Protective Advance, any Overadvance and any Swingline Loan shall be made in accordance with the terms and procedures set forth in Section 2.042.04 and 2.05.
Appears in 16 contracts
Samples: Credit Agreement (Furniture Brands International Inc), Intercreditor Agreement (Wesco International Inc), Credit Agreement (Furniture Brands International Inc)
Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments Applicable Percentages of the applicable Class. Each Swingline Loan shall be made in accordance with the terms and procedures set forth in Section 2.04.
Appears in 9 contracts
Samples: First Lien Credit Agreement (Waystar Holding Corp.), First Lien Credit Agreement (Waystar Holding Corp.), First Lien Credit Agreement (Waystar Holding Corp.)
Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments of the applicable Class. Each Any Protective Advance and any Swingline Loan shall be made in accordance with the terms and procedures set forth in Section 2.04Sections 2.04 and 2.05.
Appears in 9 contracts
Samples: Joinder Agreement (Levi Strauss & Co), Credit Agreement (Levi Strauss & Co), Joinder Agreement (Levi Strauss & Co)
Loans and Borrowings. (a) Each Loan (other than a Swingline LoanLoan or a Protective Advance) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments of the applicable Class. Each Any Protective Advance and any Swingline Loan shall be made in accordance with the terms and procedures set forth in Section 2.04Sections 2.04 and 2.05, respectively.
Appears in 9 contracts
Samples: Security Agreement (Navistar International Corp), Credit Agreement (Navistar International Corp), Credit Agreement (Am-Source, LLC)
Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Facility, Class and Type made by the Lenders ratably in accordance with their respective Commitments of the applicable Facility and Class. Each Protective Advance and Swingline Loan shall be made in accordance with the terms and procedures set forth in Section 2.04Sections 2.04 and 2.05.
Appears in 8 contracts
Samples: Second Amendment (ODP Corp), Credit Agreement (Office Depot Inc), Credit Agreement (Office Depot Inc)
Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments of the applicable Class. Each Any Protective Advance and any Swingline Loan shall be made in accordance with the terms and procedures set forth in Section 2.042.04 and 2.05.
Appears in 7 contracts
Samples: Credit Agreement (Ascena Retail Group, Inc.), Credit Agreement (Libbey Inc), Credit Agreement (Interline Brands, Inc./De)
Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments of the applicable Class. Each Swingline Loan shall be made in accordance with the terms and procedures set forth in Section 2.04.
Appears in 7 contracts
Samples: Credit Agreement (Avago Technologies LTD), Credit Agreement (Blue Buffalo Pet Products, Inc.), Collateral Agreement (Blue Buffalo Pet Products, Inc.)
Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments of the applicable Class. Each Any Protective Advance, any Overadvance and any Swingline Loan shall be made in accordance with the terms and procedures set forth in Section 2.04Sections 2.04 and 2.05.
Appears in 6 contracts
Samples: Desktop Appraisal (Cott Corp /Cn/), Credit Agreement (Cott Corp /Cn/), Credit Agreement (Cott Corp /Cn/)
Loans and Borrowings. (a) Each Revolving Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Revolving Loans of the same Class and Type made by the relevant Lenders ratably in accordance with their respective Commitments of the applicable Class. Each Swingline Loan shall be made in accordance with the terms and procedures set forth in Section 2.042.24.
Appears in 6 contracts
Samples: Credit Agreement (Hayward Holdings, Inc.), Credit Agreement (Hillman Companies Inc), Abl Credit Agreement (Hillman Companies Inc)
Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments of the applicable Class. Each Any Swingline Loan shall be made in accordance with the terms and procedures set forth in Section 2.042.05. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder.
Appears in 5 contracts
Samples: Credit Agreement (Planet Fitness, Inc.), Credit Agreement (Planet Fitness, Inc.), Credit Agreement (Planet Fitness, Inc.)
Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class Class, Type and Type Currency made by the applicable Revolving Lenders ratably in accordance with their respective Revolving Commitments of the applicable Class. Each Any Protective Advance and any Swingline Loan shall be made in accordance with the terms and procedures set forth in Section 2.042.04 and Section 2.05.
Appears in 5 contracts
Samples: Credit Agreement (Edgen Group Inc.), Assignment and Assumption (Edgen Group Inc.), Credit Agreement (Edgen Murray LTD)
Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments of the applicable Class. Each Any Protective Advance, any Overadvance and any Swingline Loan shall be made in accordance with the terms and procedures set forth in Section 2.042.4 and 2.5.
Appears in 4 contracts
Samples: Intercreditor Agreement (Fender Musical Instruments Corp), Credit Agreement (Vitran Corp Inc), Revolving Facility Credit Agreement (Fender Musical Instruments Corp)
Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments of the applicable Class. Each Any Swingline Loan shall be made in accordance with the terms and procedures set forth in Section 2.042.05. The Term Loans shall amortize as set forth in Section 2.10.
Appears in 4 contracts
Samples: Credit Agreement (Dean Foods Co), First Amended and Restated Credit Agreement (Escalade Inc), Credit Agreement (Myr Group Inc)
Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments of the applicable Class. Each Any Protective Advance, any Overadvance and any Swingline Loan shall be made in accordance with the terms and procedures set forth in Section 2.042.04 and Section 2.05.
Appears in 4 contracts
Samples: Credit Agreement (Griffon Corp), Assignment and Assumption (Aventine Renewable Energy Holdings Inc), Credit Agreement (Us Concrete Inc)
Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class Facility and Type made by the Lenders ratably in accordance with their respective Revolving Commitments of under the applicable ClassFacility. Each Any Protective Advance, any Swingline Loan and any Overadvance shall be made in accordance with the terms and procedures set forth in Section 2.042.04 or 2.05, as applicable.
Appears in 3 contracts
Samples: Credit Agreement (Tailored Brands Inc), Senior Secured (Tailored Brands Inc), Credit Agreement (Mens Wearhouse Inc)
Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments of the applicable Class. Each Any Swingline Loan shall be made in accordance with the terms and procedures set forth in Section 2.042.05.
Appears in 3 contracts
Samples: Credit Agreement (Escalade Inc), Credit Agreement (Furmanite Corp), Credit Agreement (Potbelly Corp)
Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Appropriate Lenders ratably in accordance with the amounts of their respective Commitments Applicable Percentage of the applicable Class. Each Swingline Loan shall be made in accordance with the terms and procedures set forth in Section 2.04Class of Commitments.
Appears in 3 contracts
Samples: Credit Agreement (Rite Aid Corp), Credit Agreement (Rite Aid Corp), Credit Agreement (Rite Aid Corp)
Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Facility, Class and Type made by the Lenders ratably in accordance with their respective Commitments of the applicable Facility and Class. Each Protective Advance and Swingline Loan shall be made in accordance with the terms and procedures set forth in Section 2.04Sections 2.04 and 2.05, respectively.
Appears in 2 contracts
Samples: Credit Agreement (Claiborne Liz Inc), Credit Agreement (Fifth & Pacific Companies, Inc.)
Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Revolving Commitments of the applicable Class. Each Any Protective Advance, any Overadvance and any Swingline Loan shall be made in accordance with the terms and procedures set forth in Section 2.042.4 and 2.5.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Douglas Dynamics, Inc), Credit and Guaranty Agreement (Douglas Dynamics, Inc)
Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the applicable Lenders ratably in accordance with their respective Commitments or subcommitments of the applicable Class. Each Any Protective Advance, any Overadvance and any Swingline Loan shall be made in accordance with the terms and procedures set forth in Section 2.042.04 and 2.05.
Appears in 2 contracts
Samples: Credit Agreement (Park Ohio Industries Inc/Oh), Credit Agreement (Park Ohio Holdings Corp)
Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments of the applicable Class. Each Any Protective Advance, any Overadvance and any Swingline Loan shall be made in accordance with the terms and procedures set forth in Section 2.042.05 and 2.06.
Appears in 2 contracts
Samples: Credit Agreement (Lifetime Brands, Inc), Credit Agreement (Lifetime Brands, Inc)
Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments Applicable Percentages of the applicable Class. Each Swingline Loan shall be made in accordance with the terms and procedures set forth in Section 2.04.
Appears in 2 contracts
Samples: Credit Agreement (Brookfield Property REIT Inc.), Credit Agreement (Brookfield Property REIT Inc.)
Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Revolving Commitments of the applicable Class. Each Any Protective Advance, any Overadvance and any Swingline Loan shall be made in accordance with the terms and procedures set forth in Section 2.042.04 and 2.05.
Appears in 2 contracts
Samples: Credit Agreement (A. H. Belo CORP), Credit Agreement (Audiovox Corp)
Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments of the applicable Class. Each Any Swingline Loan shall be made in accordance with the terms and procedures set forth in Section 2.042.05. The Tranche B Term Loans shall amortize as set forth in Section 2.10.
Appears in 2 contracts
Samples: Credit Agreement (Asset Acceptance Capital Corp), Credit Agreement (Asset Acceptance Capital Corp)
Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments of the applicable Class. Each Any Swingline Loan shall be made in accordance with the terms and procedures set forth in Section 2.04. The Term Loans shall amortize as set forth in Section 2.09.
Appears in 1 contract
Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments of the applicable Class. Each Any Swingline Loan shall be made in accordance with the terms and procedures set forth in Section 2.042.05. The Term Loans shall amortize as set forth in Section 2.11.
Appears in 1 contract
Loans and Borrowings. (a) Each Loan (other than a Swingline LoanLoans) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments of the applicable Class. Each Swingline Loan shall be made in accordance with the terms and procedures set forth in Section 2.04.
Appears in 1 contract
Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments of the applicable Class. Each Any Protective Advance and any Swingline Loan shall be made in accordance with the terms and procedures set forth in Section 2.042.04 and 2.05. The Term Loans shall amortize as set forth in Section 2.10.
Appears in 1 contract
Samples: Credit Agreement (Metalico Inc)
Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the applicable Lenders ratably in accordance with their respective Commitments or subcommitments of the applicable Class. Each Any Protective Advance, any Overadvance and any Swingline Loan shall be made in accordance with the terms and procedures set forth in Section 2.042.04 and 2.05. The Term A Loans and the Term B Loans shall amortize as set forth in Section 2.10.
Appears in 1 contract
Loans and Borrowings. (a) Each Loan (other than a Swingline Loan or a Multi-Currency Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments of the applicable Class. Each Any Protective Advance, any Swingline Loan and any Multi-Currency Swingline Loan shall be made in accordance with the terms and procedures set forth in Section Sections 2.04, 2.05 or 2.03, as applicable.
Appears in 1 contract
Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments of the applicable Class. Each Swingline Loan shall be made in accordance with the terms and procedures set forth in Section Section 2.04.
Appears in 1 contract
Samples: Lease I Agreement (Bowlero Corp.)
Loans and Borrowings. (a) 27. Each Revolving Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Revolving Loans of the same Class and Type made by the relevant Lenders ratably in accordance with their respective Commitments of the applicable Class. Each Swingline Loan shall be made in accordance with the terms and procedures set forth in Section 2.042.24.
Appears in 1 contract
Loans and Borrowings. (a) Each Revolving Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments of the applicable ClassCommitments. Each Any Swingline Loan shall be made in accordance with the terms and procedures set forth in Section 2.04.
Appears in 1 contract
Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments of the applicable Class. Each Any Protective Advance, any Overadvance and any Swingline Loan shall be made in accordance with the terms and procedures set forth in Section 2.04. The Loans shall amortize as set forth in Section 2.09.
Appears in 1 contract
Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class Class, currency and Type made by the Lenders ratably in accordance with their respective Commitments of the applicable Class. Each Swingline Loan shall be made in accordance with the terms and procedures set forth in Section 2.04.
Appears in 1 contract
Samples: Credit Agreement (Indivior PLC)
Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class Class, currency and Type made by the Lenders ratably in accordance with their respective Commitments of the applicable Class; provided that Initial USD Term Loans and Initial Euro Term Loans shall be created pursuant to, and in accordance with, the First Amendment and Section 2.01(d). Each Swingline Loan shall be made in accordance with the terms and procedures set forth in Section 2.04.
Appears in 1 contract
Samples: Credit Agreement (Indivior PLC)
Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments of the applicable Class. Each Swingline Loan shall be made in accordance with the terms and procedures set forth in Section 2.04.
Appears in 1 contract
Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments of the applicable Class. Each Any Protective Advance, any Overadvance and any Swingline Loan shall be made in accordance with the terms and procedures set forth in Section 2.042.04 or 2.05, as applicable.
Appears in 1 contract
Samples: Credit Agreement
Loans and Borrowings. (a) Each Loan (other than a Swingline Loan or a Multi-Currency Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments of the applicable Class. Each Any Protective Advance, any Swingline Loan and any Multi-Currency Swingline Loan shall be made in accordance with the terms and procedures set forth in SectionsSection 2.04, Section 2.042.05 or Section 2.03, as applicable.
Appears in 1 contract
