Common use of Payments Generally; Pro Rata Treatment Clause in Contracts

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 Section 2.18. Mitigation Obligations; Replacement of Lenders 42 Section 2.19. Additional Borrowers 43 ARTICLE 3

Appears in 3 contracts

Samples: Credit Agreement (KKR & Co. L.P.), Credit Agreement (KKR & Co. L.P.), Assignment and Assumption (KKR & Co. L.P.)

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Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 Section 2.18. Setoffs SECTION 2.15 Taxes SECTION 2.16 Mitigation Obligations; Replacement of Lenders 42 Section 2.19. Additional Borrowers 43 ARTICLE 3Lenders

Appears in 2 contracts

Samples: Credit Agreement (Inventiv Health Inc), Credit Agreement (Ventiv Health Inc)

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 56 Section 2.18. Mitigation Obligations; Replacement of Lenders 42 58 Section 2.19. Additional Borrowers 43 Incremental Facilities 59 Section 2.20. Defaulting Lenders 61 ARTICLE 3

Appears in 2 contracts

Samples: Credit Agreement (Cloud Peak Energy Resources LLC), Credit Agreement (Cloud Peak Energy Resources LLC)

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 Section 2.18Set Offs 56 SECTION 2.20. Mitigation Obligations; Replacement of Lenders 42 Section 2.1957 SECTION 2.21. Additional Borrowers 43 Defaulting Lenders 58 ARTICLE 3

Appears in 2 contracts

Samples: Credit Agreement (Huntington Ingalls Industries, Inc.), Credit Agreement (Huntington Ingalls Industries, Inc.)

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 65 Section 2.18. 2.19 Mitigation Obligations; Replacement of Lenders 42 67 Section 2.19. Additional Borrowers 43 2.20 Increase in Revolving Facility Commitments; Incremental Term Loan Commitments 68 Section 2.21 Illegality 70 Section 2.22 Defaulting Lenders 70 ARTICLE 3III

Appears in 2 contracts

Samples: Credit Agreement (Crestwood Midstream Partners LP), Credit Agreement (Crestwood Equity Partners LP)

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 Section 2.18SECTION 2.17. Mitigation Obligations; Replacement of Lenders 42 Section 2.19. Additional Borrowers 43 ARTICLE 3Lenders

Appears in 2 contracts

Samples: Security Agreement (Sinclair Broadcast Group Inc), Credit Agreement (Waddell & Reed Financial Inc)

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 35 Section 2.18. 2.18 Mitigation Obligations; Replacement of Lenders 42 36 Section 2.19. Additional Borrowers 43 2.19 Defaulting Lender 37 Section 2.20 [Reserved] 38 Section 2.21 [Reserved] 38 Section 2.22 Mandatory Prepayments and Commitment Reductions 38 Section 2.23 Conversion of Revolving Loans 39 ARTICLE 3

Appears in 1 contract

Samples: Bridge Loan Agreement (Merck & Co., Inc.)

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 Setoffs 56 Section 2.18. 2.15 Taxes 58 Section 2.16 Mitigation Obligations; Replacement of Lenders 42 Section 2.19. Additional Borrowers 43 ARTICLE 359

Appears in 1 contract

Samples: Credit Agreement (Itron Inc /Wa/)

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 6477 Section 2.18. 2.18 Defaulting Lenders 6779 Section 2.19 Mitigation Obligations; Replacement of Lenders 42 Section 2.19. Additional Borrowers 43 ARTICLE 36982

Appears in 1 contract

Samples: Credit Agreement (SmartStop Self Storage REIT, Inc.)

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 36 Section 2.182.19. Mitigation Obligations; Replacement of Lenders 42 37 Section 2.192.20. Additional Borrowers 43 ARTICLE 3Defaulting Lenders 38

Appears in 1 contract

Samples: Joinder Agreement (Newell Rubbermaid Inc)

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 Section 2.1843 SECTION 2.17. Mitigation Obligations; Replacement of Lenders 42 Section 2.1944 ARTICLE III Representations and Warranties 45 SECTION 3.01. Additional Borrowers 43 ARTICLE 3Existence and Power 45 Page

Appears in 1 contract

Samples: Revolving Credit Agreement (Usec Inc)

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 Offs 37 Section 2.182.17. Mitigation Obligations; Replacement of Lenders 42 Section 2.19. Additional Borrowers 43 ARTICLE 339

Appears in 1 contract

Samples: Subsidiary Guarantee Agreement (El Paso Corp/De)

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 25 Section 2.182.16. Mitigation Obligations; Replacement of Lenders 42 26 Section 2.192.17. Additional Borrowers 43 ARTICLE 3Defaulting Lender 27 Section 2.18. Borrower Designation 27

Appears in 1 contract

Samples: Incremental Credit Agreement (Merck & Co Inc)

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 Section 2.18. 6568 SECTION 2.18 Mitigation Obligations; Replacement of Lenders 42 Section 2.19. Additional Borrowers 43 ARTICLE 36770

Appears in 1 contract

Samples: Credit Agreement (Seagate Technology Holdings PLC)

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 Section 2.18. 45 SECTION 2.19 Mitigation Obligations; Replacement of Lenders 42 Section 2.19. Additional Borrowers 43 ARTICLE 346

Appears in 1 contract

Samples: Credit Agreement (Northwest Natural Gas Co)

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 42 Section 2.182.16. Mitigation Obligations; Replacement of Lenders 42 43 Section 2.192.17. Additional Borrowers 43 Defaulting Lenders 44 ARTICLE 3III

Appears in 1 contract

Samples: 364 Day Bridge Credit Agreement (Sherwin Williams Co)

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 Offs 51 Section 2.182.24. Mitigation ObligationsLender’s Obligation to Mitigate; Replacement of Lenders 42 Section 2.19. Additional Borrowers 43 ARTICLE 353

Appears in 1 contract

Samples: Credit Agreement (United States Steel Corp)

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 Section SECTION 2.18. Mitigation Obligations; Replacement of Lenders 42 Section 2.19. Additional Borrowers 43 ARTICLE 3Lenders

Appears in 1 contract

Samples: Credit Agreement (Symbol Technologies Inc)

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 66 Section 2.18. 2.18 Mitigation Obligations; Replacement of Lenders 42 68 Section 2.19. Additional Borrowers 43 2.19 Increase in Revolving Facility Commitments 69 Section 2.20 Defaulting Lenders 70 ARTICLE 3III

Appears in 1 contract

Samples: Credit Agreement (Aris Water Solutions, Inc.)

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 Section offs64 SECTION 2.18. Mitigation Obligations; Replacement of Lenders 42 Section Lenders67 SECTION 2.19. Additional Borrowers 43 Defaulting Lenders67 ARTICLE 3III REPRESENTATIONS AND WARRANTIES71 SECTION 3.01. Organization; Powers71

Appears in 1 contract

Samples: Secured Revolving Credit Agreement (Owl Rock Capital Corp)

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 44 Section 2.18. Mitigation Obligations; Replacement of Lenders 42 45 Section 2.19. Additional Borrowers 43 ARTICLE 3Optional Increase in Commitments 46 Section 2.20. Defaulting Lenders 47

Appears in 1 contract

Samples: Credit Agreement (Cloud Peak Energy Inc.)

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 60 Section 2.18. 2.16 Mitigation Obligations; Replacement of Lenders 42 62 Section 2.19. Additional Borrowers 43 ARTICLE 32.17 Illegality 64 Section 2.18 Defaulting Lenders 64 Section 2.19 Overadvances 65 Section 2.20 Protective Advances 66

Appears in 1 contract

Samples: Tuesday Morning Corp/De

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 Section 2.1829 SECTION 2.16. Mitigation Obligations; Replacement of Lenders 42 Section 2.19. Additional Borrowers 43 ARTICLE 330

Appears in 1 contract

Samples: Credit Agreement (Limited Brands Inc)

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 Section 70 SECTION 2.17. Defaulting Lenders 73 SECTION 2.18. Mitigation Obligations; Replacement of Lenders 42 Section 2.19. Additional Borrowers 43 ARTICLE 374

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Ares Capital Corp)

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 37 Section 2.182.15. Mitigation Obligations; Lender’s Obligation to Mitigate 38 Section 2.16. Replacement of Lenders 42 39 Section 2.192.17. Additional Borrowers 43 ARTICLE 3Loans to be Made Pro Rata by Lenders; Defaulting Lenders 39

Appears in 1 contract

Samples: Senior Unsecured Term Loan Credit Agreement (Enel Chile S.A.)

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 65 Section 2.182.17. Mitigation ObligationsLender’s Obligation to Mitigate; Replacement of Lenders 42 Section 2.19. Additional Borrowers 43 ARTICLE 367

Appears in 1 contract

Samples: Credit Agreement (Xerox Corp)

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 Offs 71 Section 2.182.24 . Mitigation ObligationsLender’s Obligation to Mitigate; Replacement of Lenders 42 73 Section 2.192.25 . Additional Borrowers 43 ARTICLE 3Defaulting Lenders 75

Appears in 1 contract

Samples: Credit Agreement (United States Steel Corp)

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 Section 2.18SECTION 2.16. Mitigation Obligations; Replacement of Lenders 42 Section 2.19. Additional Borrowers 43 ARTICLE 3Lenders

Appears in 1 contract

Samples: Credit Agreement (Federal Express Corp)

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 Section 2.18SECTION 2.15. Mitigation Obligations; Replacement of Lenders 42 Section 2.19. Additional Borrowers 43 ARTICLE 3Lenders

Appears in 1 contract

Samples: Credit Agreement (American Axle & Manufacturing Holdings Inc)

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 offs.25 Section 2.18. Mitigation 2.17.Mitigation of Obligations; Replacement of Lenders 42 Lenders.26 Section 2.19. Additional Borrowers 43 ARTICLE 32.18.Incremental Facility.27

Appears in 1 contract

Samples: Revolving Credit Agreement (Privatebancorp, Inc)

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 58 Section 2.182.19. Mitigation Obligations; Replacement of Lenders 42 61 Section 2.192.20. Additional Borrowers 43 ARTICLE 3Borrowing Subsidiaries 61 Section 2.21. Defaulting Lenders. 62

Appears in 1 contract

Samples: Credit Agreement (Dun & Bradstreet Corp/Nw)

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 6056 Section 2.18. 2.18 Mitigation Obligations; Replacement of Lenders 42 6257 Section 2.19. Additional Borrowers 43 2.19 [Reserved] 6258 Section 2.20 [Reserved] 6258 Section 2.21 [Reserved] 6358 Section 2.22 Defaulting Lenders 6358 ARTICLE 3III Representations and Warranties 6359

Appears in 1 contract

Samples: Guaranty Agreement (CF Industries Holdings, Inc.)

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 6166 Section 2.18. 2.17 Mitigation Obligations; Replacement of Lenders 42 Section 2.19. Additional Borrowers 43 ARTICLE 36368

Appears in 1 contract

Samples: Security Agreement (Sinclair Broadcast Group Inc)

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Payments Generally; Pro Rata Treatment. Sharing of Set-Set offs 40 32 Section 2.18. Mitigation Obligations; Replacement of Lenders 42 34 Section 2.19. Additional Borrowers 43 Use of Proceeds 34 Section 2.20. Defaulting Lenders 34 ARTICLE 3

Appears in 1 contract

Samples: Loan Agreement (Moodys Corp /De/)

Payments Generally; Pro Rata Treatment. Sharing of Set-Set offs 40 Section 2.18. 6167 SECTION 2.20 Mitigation Obligations; Replacement of Lenders 42 Section 2.19. Additional Borrowers 43 ARTICLE 36268

Appears in 1 contract

Samples: Credit Agreement (Cars.com Inc.)

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 Section 2.1828 SECTION 2.16. Mitigation Obligations; Replacement of Lenders 42 Section 2.19. Additional Borrowers 43 29 ARTICLE 3III

Appears in 1 contract

Samples: Bridge Credit Agreement (Limited Brands Inc)

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 35 Section 2.182.16. Mitigation Obligations; Replacement of Lenders 42 36 Section 2.192.17. Additional Borrowers 43 Defaulting Lenders 37 ARTICLE 3

Appears in 1 contract

Samples: Revolving Credit Agreement (Twitter, Inc.)

Payments Generally; Pro Rata Treatment. Sharing of Set-Set offs 40 Section 2.18. 5255 SECTION 2.21 Mitigation Obligations; Replacement of Lenders 42 Section 2.19. Additional Borrowers 43 ARTICLE 35357

Appears in 1 contract

Samples: Credit Agreement (1 800 Flowers Com Inc)

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 Section 50 SECTION 2.18. Mitigation Obligations; Replacement of Lenders 42 Section 2.19. Additional Borrowers 43 ARTICLE 352

Appears in 1 contract

Samples: Credit Agreement (Freeport McMoran Copper & Gold Inc)

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 29 Section 2.182.19. Mitigation Obligations; Replacement of Lenders 42 30 Section 2.192.20. Additional Borrowers 43 [Reserved] 31 Section 2.21. Defaulting Lenders. 31 ARTICLE 3

Appears in 1 contract

Samples: Term Loan Credit Agreement (Dun & Bradstreet Corp/Nw)

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 Section 61 SECTION 2.17. Defaulting Lenders 64 SECTION 2.18. Mitigation Obligations; Replacement of Lenders 42 Section 2.19. Additional Borrowers 43 ARTICLE 366

Appears in 1 contract

Samples: Senior Secured Revolving Credit Agreement (Ares Capital Corp)

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 34 Section 2.182.19. Mitigation Obligations; Replacement of Lenders 42 35 Section 2.192.20. Additional Borrowers 43 ARTICLE 3Defaulting Lenders 36

Appears in 1 contract

Samples: Bridge Loan Agreement (Newell Brands Inc)

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 70 Section 2.18. Mitigation Obligations; Replacement of Lenders 42 Section 2.19. Additional Borrowers 43 ARTICLE 372

Appears in 1 contract

Samples: Credit Agreement (Windstream Corp)

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 Section 63 SECTION 2.17. Defaulting Lenders 66 SECTION 2.18. Mitigation Obligations; Replacement of Lenders 42 Section 2.19. Additional Borrowers 43 ARTICLE 368

Appears in 1 contract

Samples: Senior Secured Revolving Credit Agreement (Ares Capital Corp)

Payments Generally; Pro Rata Treatment. Sharing of Of Set-offs 40 24 Section 2.182.15. Mitigation Obligations; Replacement of Of Lenders 42 26 Section 2.192.16. Additional Borrowers 43 ARTICLE 3Escrow Account 26

Appears in 1 contract

Samples: Credit Agreement (Borgwarner Inc)

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 Section offs27 SECTION 2.17. Mitigation Obligations SECTION 2.18. Mitigation Obligations; Replacement of Lenders 42 Section 2.19. Additional Borrowers 43 ARTICLE 3Lenders

Appears in 1 contract

Samples: Credit Agreement (Pinnacle Airlines Corp)

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 81 Section 2.18. Mitigation Obligations; Replacement of Lenders 42 Section 2.19. Additional Borrowers 43 83 ARTICLE 3

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Windstream Corp)

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 25 Section 2.18. Mitigation Obligations; Replacement of 2.10 Defaulting Lenders 42 Section 2.19. Additional Borrowers 43 ARTICLE 326

Appears in 1 contract

Samples: Insurance Agreement (Cleco Corp)

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 Section 2.1826 SECTION 2.16. Mitigation Obligations; Replacement of Lenders 42 Section 2.19. Additional Borrowers 43 ARTICLE 327

Appears in 1 contract

Samples: 364 Day Credit Agreement (Kellogg Co)

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 58 Section 2.18. Mitigation Obligations; Replacement of Lenders 42 60 Section 2.19. Additional Borrowers 43 Optional Increase in Commitments 61 Section 2.20. Defaulting Lenders 62 ARTICLE 3

Appears in 1 contract

Samples: Credit Agreement (Cloud Peak Energy Inc.)

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 Section 2.18. 5658 SECTION 2.18 Mitigation Obligations; Replacement of Lenders 42 Section 2.19. Additional Borrowers 43 ARTICLE 35859

Appears in 1 contract

Samples: Credit Agreement (Aris Water Solutions, Inc.)

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 27 Section 2.182.15. Mitigation ObligationsSubstitute Rate Loans Substituted for Affected Loans 28 Section 2.16. Lender’s Obligation to Mitigate; Replacement of Lenders 42 Section 2.19. Additional Borrowers 43 ARTICLE 328

Appears in 1 contract

Samples: Credit Agreement (Grupo Televisa, S.A.B.)

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 Section 2.1826 SECTION 2.16. Mitigation Obligations; Replacement of Lenders 42 Section 2.19. Additional Borrowers 43 ARTICLE 328

Appears in 1 contract

Samples: 364 Day Credit Agreement (Kellogg Co)

Payments Generally; Pro Rata Treatment. Sharing of Set-offs 40 43 Section 2.18. Mitigation Obligations; Replacement of Lenders 42 45 Section 2.19. Additional Borrowers 43 ARTICLE 3Borrowing Subsidiaries 46

Appears in 1 contract

Samples: Credit Agreement (Dun & Bradstreet Corp/Nw)

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