Common use of Notional Funding Clause in Contracts

Notional Funding. Each Bank shall have the right from time to time, without notice to the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 10.5 [Funding by Branch, Subsidiary or Affiliate] 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 Borrower to such other office), and as a result of such change, the Borrower would not be under any greater financial obligation pursuant to Section 4.6 [Additional Compensation in Certain Circumstances] than it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to 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 (Big Lots Inc), Credit Agreement (Papa Johns International Inc), Credit Agreement (Papa Johns International Inc)

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Notional Funding. Each Bank Lender shall have the right from time to time, without notice to the Borrower, to deem any branch, Subsidiary subsidiary or Affiliate affiliate (which for the purposes of this Section 10.5 [Funding by Branch, Subsidiary or Affiliate] 10.17 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 BankLender) of such Bank Lender to have made, maintained or funded any Revolving Credit 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 Borrower to such other office), ) and as a result of such change, change the Borrower would not be under any greater financial obligation to such Lender hereunder, pursuant to Section 4.6 [Additional Compensation in Certain Circumstances] 2.08, 2.10, 2.11 or 2.12 hereof than it would have been in the absence of such change. Notional funding offices may be selected by each Bank Lender without regard to such Banka Lender's actual methods of making, maintaining or funding the Revolving Credit Loans or any sources of funding actually used by or available to such BankLender.

Appears in 4 contracts

Samples: Rti International Metals Inc, Rmi Titanium Co, Pitt Des Moines Inc

Notional Funding. Each Facility A Bank shall have the right from time to time, without notice to the Borrowerany Loan Party, to deem any branch, Subsidiary subsidiary or Affiliate affiliate (which for the purposes of this Section 10.5 [Funding by Branch, Subsidiary or Affiliate] 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 Facility A Bank to have made, maintained or funded any Facility A 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 Borrower to such other office), ) and as a result of such change, change the Facility A Bank may not invoke Section 3.04 and the Borrower would not be under any greater financial obligation pursuant to Section 4.6 [Additional Compensation in Certain Circumstances] 4.06 hereof than it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to such 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.. (b)

Appears in 1 contract

Samples: Credit Agreement (Toll Brothers Inc)

Notional Funding. Each Bank Lender shall have the right from time ---------------- to time, without notice to the Borrower, to deem any branch, Subsidiary subsidiary or Affiliate affiliate (which for the purposes of this Section 10.5 [Funding by Branch, Subsidiary or Affiliate] 10.18 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 BankLender) of such Bank Lender to have made, maintained or funded any Revolving Credit 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 Borrower to such other office), ) and as a result of such change, change the Borrower would not be under any greater financial obligation to such Lender hereunder, pursuant to Section 4.6 [Additional Compensation in Certain Circumstances] 2.08, 2.10, 2.11 or 2.12 hereof than it would have been in the absence of such change. Notional funding offices may be selected by each Bank Lender without regard to such Banka Lender's actual methods of making, maintaining or funding the Revolving Credit Loans or any sources of funding actually used by or available to such BankLender.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Carbide Graphite Group Inc /De/)

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Notional Funding. Each Bank Lender shall have the right from time to time, without notice to the Borrower or the Co-Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 10.5 [Funding by Branch, Subsidiary or Affiliate] 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 BankLender) of such Bank Lender 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 Borrower and the Co-Borrower to such other office), and as a result of such change, the Borrower and the Co-Borrower would not be under any greater financial obligation pursuant to Section 4.6 [Additional Compensation in Certain Circumstances] 5.6 than it they would have been in the absence of such change. Notional funding offices may be selected by each Bank Lender without regard to such BankLender's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such BankLender.

Appears in 1 contract

Samples: Credit Agreement (Rent Way Inc)

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