Common use of Notional Funding Clause in Contracts

Notional Funding. Each Bank shall have the right from time to time, without notice to any Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers to such other office), and as a result of such change, the Borrowers would not be under any greater financial obligation pursuant to Section 5.5 than they would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the Bank’s actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 6 contracts

Samples: Credit Agreement (Triumph Group Inc), Credit Agreement (Triumph Group Inc), Credit Agreement (Triumph Group Inc)

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Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 5.6 [Additional Compensation in Certain Circumstances] than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 5 contracts

Samples: Credit Agreement (Novacare Employee Services Inc), Credit Agreement (Elgin National Industries Inc), Credit Agreement (Standard Automotive Corp)

Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 5.6 [Additional Compensation in Certain Circumstances] than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 5 contracts

Samples: Credit Agreement (Koppers Inc), Credit Agreement (KI Holdings Inc.), Credit Agreement (Federated Investors Inc /Pa/)

Notional Funding. Each Bank shall have the right from time to time, without notice to any Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 10.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers to such other office), and as a result of such change, the Borrowers would not be under any greater financial obligation pursuant to Section 5.5 4.5 than they would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the Bank’s actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 4 contracts

Samples: Credit Agreement (Triumph Group Inc), Credit Agreement (Triumph Group Inc), Credit Agreement (Triumph Group Inc)

Notional Funding. Each Bank shall have the right from time to time, without notice to any Borrowerthe Borrowers, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 10.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers a Borrower to such other office), ) and as a result of such change, the Borrowers such Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.6 [Additional Compensation in Certain Circumstances] than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 4 contracts

Samples: Credit Agreement (Super Test Petroleum Inc), Credit Agreement (Vulcan Asphalt Refining Corp), Credit Agreement (Kwik Fil Inc)

Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary subsidiary or Affiliate affiliate (which for the purposes of this Section 11.5 11.05 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), ) and as a result of such change, change the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 5.06 hereof than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 4 contracts

Samples: Credit Agreement (Mariner Post Acute Network Inc), Credit Agreement (Mariner Health Group Inc), Credit Agreement (Mariner Health Group Inc)

Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 10.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.5 [Additional Compensation in Certain Circumstances] than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 3 contracts

Samples: Credit Agreement (Champion Enterprises Inc), Credit Agreement (KPMG Consulting Inc), Credit Agreement (Respironics Inc)

Notional Funding. Each Bank shall have the right from time to time, without notice to any Borrowerthe Borrowers, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers to such other office), and as a result of such change, the Borrowers would not be under any greater financial obligation pursuant to Section 5.5 5.6 than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 3 contracts

Samples: Credit Agreement (Primesource Corp), Credit Agreement (Glatfelter P H Co), Credit Agreement (Glatfelter P H Co)

Notional Funding. Each Bank shall have the right from time to ---------------- time, without notice to any the Borrower, to deem any branch, Subsidiary subsidiary or Affiliate affiliate (which for the purposes of this Section 11.5 11.05 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), ) and as a result of such change, change the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 5.06 hereof than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 3 contracts

Samples: Credit Agreement (Mariner Post Acute Network Inc), Credit Agreement (Mariner Post Acute Network Inc), Credit Agreement (Mariner Post Acute Network Inc)

Notional Funding. Each Bank shall have the right from time to time, without notice to any Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers to such other office), and as a result of such change, the Borrowers would not be under any greater financial obligation pursuant to Section 5.5 than they would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 3 contracts

Samples: Credit Agreement (Triumph Group Inc), Credit Agreement (Triumph Group Inc), Credit Agreement (Triumph Group Inc)

Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 10.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.5 than they would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 2 contracts

Samples: Credit Agreement (Triumph Group Inc /), Credit Agreement (Triumph Group Inc /)

Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary subsidiary or Affiliate affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided PROVIDED that immediately following (on the assumption that a payment were was then due from the Borrowers Borrower to such other office), ) and as a result of such change, change the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 2 contracts

Samples: Shareholder Rights Agreement (Federated Investors Inc /Pa/), Credit Agreement (Federated Investors Inc /Pa/)

Notional Funding. Each Bank shall have the right from time to time, without notice to any Borrowerthe Borrowers, to deem any branch, Subsidiary Subsidiary, or Affiliate (which for the purposes of this Section 11.5 10.05 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained maintained, or funded any Loan to which the Euro-Rate LIBOR Option applies at any time, provided that immediately following (on the assumption that a payment were was then due from the Borrowers to such other office), and as a result of such change, the Borrowers would will not be under any greater financial obligation pursuant to Section 5.5 4.06 [Additional Compensation in Certain Circumstances] than they would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 2 contracts

Samples: Credit Agreement (Assured Guaranty LTD), Credit Agreement (Assured Guaranty LTD)

Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided PROVIDED that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 5.6 [Additional Compensation in Certain Circumstances] than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 2 contracts

Samples: Credit Agreement (Linc Net Inc), Credit Agreement (Corrpro Companies Inc /Oh/)

Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 5.6 than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Tb Woods Corp), Credit Agreement (Rent Way Inc)

Notional Funding. Each Bank shall have the right from time to time, without notice to any Borrowerthe Borrowers, to deem any branch, Subsidiary Subsidiary, or Affiliate (which for the purposes of this Section 11.5 10.05 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained maintained, or funded any Loan to which the Euro-Rate LIBOR Option applies at any time, provided that immediately following (on the assumption that a payment were was then due from the Borrowers to such other office), and as a result of such change, the Borrowers would will not be under any greater financial obligation pursuant to Section 5.5 4.06 [Additional Compensation in Certain Circumstances] than they would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 2 contracts

Samples: Credit Agreement (Assured Guaranty LTD), Credit Agreement (Ace LTD)

Notional Funding. Each Bank shall have the right from time to time, without notice to any Borrowerthe Loan Parties, to deem any branch, Subsidiary subsidiary or Affiliate affiliate (which for the purposes of this Section 11.5 11.05 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Revolving Credit Loan to which the Revolving Credit Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers to such other office), ) and as a result of such change, change the Borrowers would not be under any greater financial obligation pursuant to Section 5.5 5.06 hereof than they would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 2 contracts

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

Notional Funding. Each Bank shall have the right from time to time, without notice to any Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 10.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the EuroLIBO-Rate Option applies at any timeLoans, provided that immediately following (on the assumption that a payment were then due from the Borrowers a Borrower to such other office), and as a result of such change, the Borrowers such Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.6 than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 2 contracts

Samples: Credit Agreement (Interface Security Systems Holdings Inc), Credit Agreement (Interface Security Systems, L.L.C.)

Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary subsidiary or Affiliate affiliate (which for the purposes of this Section 11.5 12.15 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 Subsection 2.5(h) than they would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 2 contracts

Samples: Loan Agreement (Resource America Inc), Loan Agreement (Atlas Pipeline Partners Lp)

Notional Funding. Each Bank shall have the right from time to time, without notice to any Borrowerthe Borrowers, to deem any branch, Subsidiary Subsidiary, or Affiliate (which for the purposes of this Section 11.5 10.05 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained maintained, or funded any Loan to which the Euro-Rate LIBOR Option applies at any time, provided that immediately following (on the assumption that a payment were was then due from the Borrowers to such other office), and as a result of such change, the Borrowers would will not be under any greater financial obligation pursuant to Section 5.5 4.06 [Additional Compensation in Certain Circumstances] than they would have been in the absence of such change. Notional funding offices may be selected by each Bank without 77 regard to the such Bank’s actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 1 contract

Samples: Credit Agreement (Assured Guaranty LTD)

Notional Funding. Each Bank shall have the right from time to time, without notice to any Borrowerthe Borrowers, to deem any branch, Subsidiary Subsidiary, or Affiliate (which for the purposes of this Section 11.5 10.05 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained maintained, or funded any Loan to which the Euro-Rate LIBOR Option applies at any time, provided that immediately following (on the assumption that a payment were was then due from the Borrowers to such other office), and as a result of such change, the Borrowers would will not be under any greater financial obligation pursuant to Section 5.5 4.06 [Additional Compensation in Certain Circumstances] than they would ould have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 1 contract

Samples: Credit Agreement (Assured Guaranty LTD)

Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a -------- payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 5.6 than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 1 contract

Samples: Credit Agreement (Suburban Lodges of America Inc)

Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 10.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately -------- following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.6 than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 1 contract

Samples: Credit Agreement (Cable Tv Fund 14-a LTD)

Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 10.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.5.3 [Additional Compensation in Certain Circumstances] than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 1 contract

Samples: Credit Agreement (Party City Corp)

Notional Funding. Each Bank shall have the right from time to time, without notice to any Borrowerthe Borrowers, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 10.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers to such other office), and as a result of such change, the Borrowers would not be under any greater financial obligation pursuant to Section 5.5 4.6 than they would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 1 contract

Samples: Credit Agreement (Professional Detailing Inc)

Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers to such other office), and as a result of such change, the Borrowers would not be under any greater financial obligation pursuant to Section 5.5 5.6 [Additional Compensation in Certain Circumstances] than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 1 contract

Samples: Credit Agreement (Churchill Downs Inc)

Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), ) and as a result of such change, change the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 hereof than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 1 contract

Samples: Credit Agreement (Chase Industries Inc)

Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 11.4 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 5.4 than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 1 contract

Samples: Credit Agreement (Aquapenn Spring Water Company Inc)

Notional Funding. Each Bank shall have the right from --- ---------------- time to time, without notice to any the Borrower, to deem any branch, Subsidiary subsidiary or Affiliate affiliate (which for the purposes of this Section 11.5 11.05 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), ) and as a result of such change, change the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 5.06 hereof than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 1 contract

Samples: Credit Agreement (Mariner Post Acute Network Inc)

Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary Subsidiary, or Affiliate (which for the purposes of this Section 11.5 10.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained maintained, or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately -------- following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.6 than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining maintaining, or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 1 contract

Samples: Credit Agreement (Ptek Holdings Inc)

Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Euro Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 5.6 [Additional Compensation in Certain Circumstances] than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 1 contract

Samples: Credit Agreement (Federated Investors Inc /Pa/)

Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 10.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the -------- assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.6 than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 1 contract

Samples: Credit Agreement (Audio Communications Network Inc)

Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 1 contract

Samples: Credit Agreement (Roundys Inc)

Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the -------- assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 [Additional Compensation in Certain Circumstances] than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 1 contract

Samples: Credit Agreement (KPMG Consulting Inc)

Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 5.6 than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 1 contract

Samples: Credit Agreement (Suburban Lodges of America Inc)

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Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 10.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.5 [Additional Compensation in Certain Circumstances] than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 1 contract

Samples: Credit Agreement (Arch Coal Inc)

Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of Bank)of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 5.7 than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 1 contract

Samples: Credit Agreement (Whiteford Partners L P)

Notional Funding. Each Bank shall have the right from time to time, without notice to any Borrowerthe Borrowers, to deem any branch, Subsidiary subsidiary or Affiliate affiliate (which for the purposes of this Section 11.5 12.15 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers to such other office), and as a result of such change, the Borrowers would not be under any greater financial obligation pursuant to Section 5.5 Subsection 2.5(h) than they would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 1 contract

Samples: Loan Agreement (Resource America Inc)

Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 5.6 [Increased Costs] than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 1 contract

Samples: Credit Agreement (Ii-Vi Inc)

Notional Funding. Each Bank shall have the right from time ---------------- to time, without notice to any the Borrower, to deem any branch, Subsidiary subsidiary or Affiliate affiliate (which for the purposes of this Section 11.5 11.05 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), ) and as a result of such change, change the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 5.06 hereof than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 1 contract

Samples: Credit Agreement (Mariner Post Acute Network Inc)

Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 10.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-LIBOR Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.6 [Additional Compensation in Certain Circumstances] than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 1 contract

Samples: Credit Agreement (Integrated Alarm Services Group Inc)

Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary subsidiary or Affiliate affiliate (which for the purposes of this Section 11.5 11.15 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 1.6(i) than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 1 contract

Samples: Loan Agreement (Resource America Inc)

Notional Funding. Each Bank shall have the right from time to time, without notice to any Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the -------- assumption that a payment were then due from the Borrowers any Borrower to such other office), and as a result of such change, the Borrowers no Borrower would not be under any greater financial obligation pursuant to Section 5.5 [Additional Compensation in Certain Circumstances] than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 1 contract

Samples: Credit Agreement (Internet Capital Group Inc)

Notional Funding. Each Bank shall have the right from time to time, without notice to any Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 10.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers any Borrower to such other office), and as a result of such change, the Borrowers no Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.5 [Additional Compensation in Certain Circumstances] than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 1 contract

Samples: Pledge Agreement (Internet Capital Group Inc)

Notional Funding. Each Bank shall have the right from time to time, without notice to any Borrowerthe Borrowers, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-LIBO Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers to such other office), and as a result of such change, the Borrowers would not be under any greater financial obligation pursuant to Section 5.5 5.6 than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 1 contract

Samples: Credit Agreement (Primesource Corp)

Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 10.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate LIBOR Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.6 [Additional Compensation in Certain Circumstances] than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 1 contract

Samples: Credit Agreement (Viasys Healthcare Inc)

Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 5.6 [Increased Costs] than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 1 contract

Samples: Joinder and Assumption Agreement (Ii-Vi Inc)

Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided PROVIDED that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 5.6 than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 1 contract

Samples: Credit Agreement (Rainbow Rentals Inc)

Notional Funding. Each Bank shall have the right from time ---------------- to time, without notice to any the Borrower, to deem any branch, Subsidiary subsidiary or Affiliate affiliate (which for the purposes of this Section 11.5 115 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that -------- immediately following (on the assumption that a payment were was then due from the Borrowers Borrower to such other office), ) and as a result of such change, change the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 55 than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 1 contract

Samples: Credit Agreement (Federated Investors Inc /Pa/)

Notional Funding. Each Bank shall have the right from time to time, without notice to any BorrowerLoan Party, to deem any branch, Subsidiary subsidiary or Affiliate affiliate (which for the purposes of this Section 11.5 11.05 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the any Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), ) and as a result of such change, change the Borrowers Bank may not invoke Section 3.04 and the Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.06 hereof than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 1 contract

Samples: Revolving Credit Agreement (Toll Brothers Inc)

Notional Funding. Each Bank shall have the right from time to time, without notice to any Borrowerthe Borrowers, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 10.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers a Borrower to such other office), ) and as a result of such change, the Borrowers such Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.6 [Additional Compensation in Certain Circumstances] than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 1 contract

Samples: Credit Agreement (Bell Oil Corp)

Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 0 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided PROVIDED that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 0 [Additional Compensation in Certain Circumstances] than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 1 contract

Samples: Credit Agreement (Orius Corp)

Notional Funding. Each Bank shall have the right from time to time, without notice to any Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 10.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers to such other office), and as a result of such change, the Borrowers would not be under any greater financial obligation pursuant to Section 5.5 4.5 than they would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 1 contract

Samples: Credit Agreement (Triumph Group Inc)

Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided PROVIDED that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 5.6 than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 1 contract

Samples: Credit Agreement (Grubb & Ellis Co)

Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 10.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.6 than they would have been in the absence -79- 89 of such change. Notional funding offices may be selected by each Bank without regard to the Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 1 contract

Samples: Credit Agreement (Triumph Group Inc /)

Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 10.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.5 than they would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the Bank’s actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 1 contract

Samples: Credit Agreement (Triumph Group Inc /)

Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 10.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.6 than they would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 1 contract

Samples: Credit Agreement (Triumph Group Inc /)

Notional Funding. Each Bank shall have the right from time to time, without notice to any Borrowerthe Borrowers, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 10.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately -------- following (on the assumption that a payment were then due from the Borrowers to such other office), and as a result of such change, the Borrowers would not be under any greater financial obligation pursuant to Section 5.5 4.5 than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.

Appears in 1 contract

Samples: Guaranty and Suretyship Agreement (Option Care Inc/De)

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