Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 16 contracts
Samples: Credit Agreement (General Maritime Corp/), Management Agreement (Pacific Drilling S.A.), Credit Agreement (Baltic Trading LTD)
Pro Rata Borrowings. All Borrowings of Term Loans under this Agreement Agreement, subject to Section 2.10(d), shall be incurred from the Lenders pro rata on the basis of their Commitmentssuch Lenders’ Commitments as the case may be. It is understood that no No Lender shall be responsible for any default by any other Lender of its obligation to make Term Loans hereunder hereunder, and that each Lender shall be obligated to make the Term Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Term Loans hereunder.
Appears in 12 contracts
Samples: And Restatement Agreement (VERRA MOBILITY Corp), Credit Agreement (VERRA MOBILITY Corp), Credit Agreement (VERRA MOBILITY Corp)
Pro Rata Borrowings. All Borrowings of Term Loans and Revolving Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Term Loan Commitments or Revolving Loan Commitments, as the case may be. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 10 contracts
Samples: Credit Agreement (International Money Express, Inc.), Credit Agreement (Baltic Trading LTD), Credit Agreement (General Maritime Corp/)
Pro Rata Borrowings. All Borrowings Each Borrowing of Loans under this Agreement shall be incurred from granted by the Lenders pro rata on the basis of their then-applicable Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 9 contracts
Samples: Credit Agreement (Intelsat LTD), Credit Agreement (Intelsat LTD), Credit Agreement (Intelsat LTD)
Pro Rata Borrowings. All Borrowings of Revolving Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Revolving Loan Commitments, provided that all Mandatory Borrowings shall be incurred from the Lenders pro rata on the basis of their RL Percentages. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 9 contracts
Samples: Intercreditor Agreement (Dole Food Co Inc), Credit Agreement (Mobile Mini Inc), Credit Agreement (Dole Food Co Inc)
Pro Rata Borrowings. All Borrowings of Term Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Commitmentssuch Lenders’ Commitments as the case may be. It is understood that no No Lender shall be responsible for any default by any other Lender of its obligation to make Term Loans hereunder hereunder, and that each Lender shall be obligated to make the Term Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Term Loans hereunder.
Appears in 8 contracts
Samples: Term Loan Credit Agreement (Kemet Corp), First Lien Term Loan Credit Agreement (PAE Inc), First Lien Term Loan Credit Agreement (PAE Inc)
Pro Rata Borrowings. All Borrowings of Revolving Loans under this Agreement shall be incurred from the Lenders Banks pro rata on the basis of their Revolving Loan Commitments. It is understood that no Lender Bank shall be responsible for any default by any other Lender Bank of its obligation to make Revolving Loans hereunder and that each Lender Bank shall be obligated to make the Revolving Loans provided to be made by it hereunder, regardless of the failure of any other Lender Bank to make its Revolving Loans hereunder.
Appears in 8 contracts
Samples: Pledge Agreement (Pool Energy Services Co), Credit Agreement (Harrahs Entertainment Inc), Credit Agreement (H-R Window Supply Inc)
Pro Rata Borrowings. All Borrowings Each Borrowing of Term Loans under this Agreement shall be incurred from granted by the Lenders pro rata on the basis of their then-applicable Term Loan Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 8 contracts
Samples: Credit Agreement (Tiga Acquisition Corp.), Senior Unsecured Credit Agreement (Sealy Corp), Credit Agreement (Molecular Insight Pharmaceuticals, Inc.)
Pro Rata Borrowings. All Borrowings The Borrowing of Loans under this Agreement shall be incurred from made by the Lenders pro rata on the basis of their Commitmentsrespective Commitment Percentages. It is understood that no Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 8 contracts
Samples: Term Loan Credit Agreement (ITC Holdings Corp.), Term Loan Credit Agreement (ITC Holdings Corp.), Term Loan Credit Agreement (ITC Holdings Corp.)
Pro Rata Borrowings. All Borrowings of Revolving Loans (including Mandatory Borrowings) under this Agreement shall be incurred from the Lenders pro rata on the basis of their Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Revolving Loans hereunder and that each Lender shall be obligated to make the Revolving Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Revolving Loans hereunder.
Appears in 7 contracts
Samples: Credit Agreement (Flowers Foods Inc), Credit Agreement (Flowers Foods Inc), Credit Agreement (Flowers Foods Inc)
Pro Rata Borrowings. All Borrowings of Loans Each Borrowing under this Agreement shall be incurred from granted by the Lenders pro rata on the basis of their then applicable Term Loan Commitments. It is understood that no No Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 7 contracts
Samples: Possession Credit Agreement (Intelsat S.A.), 3 and Waiver (Intelsat S.A.), Possession Credit Agreement
Pro Rata Borrowings. All Borrowings of Revolving Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Revolving Loan Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 7 contracts
Samples: Credit Agreement (Pyxus International, Inc.), Abl Credit Agreement (Pyxus International, Inc.), Exit Abl Credit Agreement (Pyxus International, Inc.)
Pro Rata Borrowings. All Borrowings Each Borrowing of Revolving Credit Loans under this Agreement shall be incurred from granted by the Lenders pro rata on the basis of their CommitmentsApplicable Percentages. It is understood that no Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 7 contracts
Samples: Management Shareholder Agreement (Railamerica Inc /De), Credit Agreement (Sealy Corp), Credit Agreement (Railamerica Inc /De)
Pro Rata Borrowings. All Borrowings of Term Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Term Loan Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Term Loans hereunder and that each Lender shall be obligated to make the Term Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Term Loans hereunder.
Appears in 7 contracts
Samples: Credit Agreement (Flowers Foods Inc), Credit Agreement (Lattice Semiconductor Corp), Term Loan Credit Agreement (Algoma Steel Group Inc.)
Pro Rata Borrowings. All The Borrowings of Loans of any Class under this Agreement shall be incurred from the Lenders pro rata on the basis of their CommitmentsCommitments in respect of such Class. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans a Loan hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 6 contracts
Samples: Credit Agreement (Ocean Rig UDW Inc.), Credit Agreement (Seadrill Partners LLC), Credit Agreement (Seadrill Partners LLC)
Pro Rata Borrowings. All Borrowings of The Loans comprising each Borrowing under this Agreement shall be incurred from made by the Lenders simultaneously and each Lender’s Loan shall be equal to such Lender’s pro rata on the basis Share of their Commitmentssuch Borrowing. It is understood that no Lender shall be responsible for any default by any other Lender of in its obligation to make Loans a Loan hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunderhereunder subject to the terms hereof, regardless of the failure of any other Lender to fulfill its commitment to make its Loans hereunder.
Appears in 6 contracts
Samples: Credit Agreement (Textron Inc), Credit Agreement (Textron Inc), Credit Agreement (Textron Inc)
Pro Rata Borrowings. All Borrowings of Revolving Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Revolving Loan Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Revolving Loans hereunder and that each Lender shall be obligated to make the Revolving Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Revolving Loans hereunder.
Appears in 6 contracts
Samples: Credit Agreement (Trico Marine Services Inc), Credit Agreement (Trico Marine Services Inc), Credit Agreement (Trico Marine Services Inc)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement Agreement, subject to Section 2.10(d), shall be incurred from the Lenders pro rata on the basis of their Commitmentssuch Lenders’ Commitments as the case may be. It is understood that no No Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder hereunder, and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 6 contracts
Samples: Credit Agreement (Iridium Communications Inc.), Amendment and Restatement Agreement (Iridium Communications Inc.), Credit Agreement (Iridium Communications Inc.)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from made by the Lenders Banks pro rata on the basis of their Commitments. It is understood that no Lender Bank shall be responsible for any default by any other Lender of Bank in its obligation to make Loans hereunder and that each Lender Bank shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender Bank to make fulfill its Loans commitments hereunder.
Appears in 5 contracts
Samples: Credit Agreement (Diamond Offshore Drilling Inc), Credit Agreement (R&b Falcon Corp), Credit Agreement (R&b Falcon Corp)
Pro Rata Borrowings. All Borrowings Each Borrowing of Term Loans or Revolving Credit Loans under this Agreement shall be incurred from granted by the Lenders pro rata on the basis of their then-applicable Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 5 contracts
Samples: Credit Agreement (Bristol West Holdings Inc), Credit Agreement (KCLC Acquisition Corp), Credit Agreement (Kindercare Learning Centers Inc /De)
Pro Rata Borrowings. All Borrowings of Revolving Loans under this Agreement shall be incurred from made by the Lenders pro rata on the basis of their Revolving Commitments. It is understood that the obligations of the Lenders hereunder are several (and not joint), that no Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 5 contracts
Samples: Credit Agreement (Air Transport Services Group, Inc.), Credit Agreement (Air Transport Services Group, Inc.), Credit Agreement (Air Transport Services Group, Inc.)
Pro Rata Borrowings. All Borrowings of Term Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their applicable Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Term Loans hereunder and that each Lender shall be obligated to make the Term Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Term Loans hereunder.
Appears in 5 contracts
Samples: Security Agreement (Jill Intermediate LLC), Loan Credit Agreement (J.Jill, Inc.), Credit Agreement (J.Jill, Inc.)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from loaned by the applicable Lenders pro rata on the basis of their Commitments. It is understood that no No Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans Commitments hereunder.
Appears in 5 contracts
Samples: Credit Agreement (Ball Corp), Credit Agreement (Ball Corp), Credit Agreement (Ball Corp)
Pro Rata Borrowings. All Borrowings of Revolving Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Revolving Loan Commitments; provided, that all Mandatory Borrowings shall be incurred from the Lenders pro rata on the basis of their RL Percentages. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 4 contracts
Samples: Credit Agreement (Jill Intermediate LLC), Abl Credit Agreement (J.Jill, Inc.), Abl Credit Agreement and Waiver (J.Jill, Inc.)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from loaned by the Lenders pro rata on the basis of their applicable Term Commitments. It is understood that no No Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans Term Commitments hereunder.
Appears in 4 contracts
Samples: Term Loan Agreement (Texas Petrochemicals Inc.), Term Loan Agreement (Texas Petrochemicals Inc.), Security Agreement (Texas Petrochemicals Inc.)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 4 contracts
Samples: Credit Agreement (Wabash National Corp /De), Credit Agreement (WABASH NATIONAL Corp), Credit Agreement (Railamerica Inc /De)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Revolving Loan Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 4 contracts
Samples: Credit Agreement (Trico Marine Services Inc), Credit Agreement (Trico Marine Services Inc), Credit Agreement (Trico Marine Services Inc)
Pro Rata Borrowings. All Borrowings of Revolving Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Revolving Loan Commitments; provided, that, all Mandatory Borrowings shall be incurred from the Lenders pro rata on the basis of their RL Percentages. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 4 contracts
Samples: Credit Agreement (CVR Refining, LP), Credit Agreement (CVR Partners, Lp), Credit Agreement
Pro Rata Borrowings. All Borrowings Each Borrowing of Revolving Credit Loans under this Agreement shall be incurred from granted by the Lenders pro rata on the basis of their then-applicable Revolving Credit Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 4 contracts
Samples: Lease Agreement (Goodman Global Group, Inc.), Revolving Credit Agreement (Goodman Sales CO), Credit Agreement (Borden Chemicals & Plastics Limited Partnership /De/)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from loaned by the applicable Lenders pro rata on the basis of their Commitmentsapplicable Commitments under the applicable Facility. It is understood that no No Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans Commitments hereunder.
Appears in 3 contracts
Samples: Intercreditor Agreement (Owens-Illinois Group Inc), Credit Agreement and Syndicated Facility Agreement (Owens-Illinois Group Inc), Assignment and Assumption Agreement (Owens-Illinois Group Inc)
Pro Rata Borrowings. All Borrowings Each Borrowing of Loans under this Agreement shall be incurred from granted by the Lenders pro rata on the basis of their then-applicable Pro Rata Share of the Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Teligent, Inc.), First Lien Credit Agreement (Teligent, Inc.), Lien Revolving Credit Agreement (Teligent, Inc.)
Pro Rata Borrowings. All Borrowings of New Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their CommitmentsCommitments in respect of New Loans. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make New Loans hereunder and that each Lender shall be obligated to make the New Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 3 contracts
Samples: Term Loan Credit Agreement (Omnova Solutions Inc), Term Loan Credit Agreement (Omnova Solutions Inc), Execution Version (Omnova Solutions Inc)
Pro Rata Borrowings. All Borrowings of Loans made under this Agreement shall be incurred from the Lenders Banks pro rata on the basis of their Commitments. It is understood that no Lender Bank shall be responsible for any default by any other Lender Bank of its obligation to make Loans hereunder and that each Lender Bank shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender Bank to make its Loans hereunder.
Appears in 3 contracts
Samples: Agreement (Acg Holdings Inc), Term Loan Agreement (Alpine Group Inc /De/), Term Loan Agreement (Sullivan Graphics Inc)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from made by the Lenders pro rata on the basis of their Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Noble Corp), Credit Agreement (Noble Drilling Corp), Credit Agreement (Noble Corp)
Pro Rata Borrowings. All Except as expressly provided in Section 2A.9(e), Borrowings of Loans under this Agreement shall be incurred from loaned by the applicable Lenders pro rata on the basis of their Commitments. It is understood that no No Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans Commitments hereunder.. ARTICLE IIA
Appears in 3 contracts
Samples: Pledge Agreement (Crown Holdings Inc), Credit Agreement (Crown Holdings Inc), Credit Agreement (Ball Corp)
Pro Rata Borrowings. All Borrowings of Term Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Term Loan Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Radio One, Inc.), Credit Agreement (Urban One, Inc.), Credit Agreement (Radio One, Inc.)
Pro Rata Borrowings. All Borrowings of Revolving Loans under this Agreement shall be incurred from loaned by the Lenders pro rata on the basis of their Revolving Commitments, as the case may be. It is understood that no No Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans Revolving Commitment hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Compx International Inc), Credit Agreement (BMC Industries Inc/Mn/), Credit Agreement (BMC Industries Inc/Mn/)
Pro Rata Borrowings. All Borrowings Each Borrowing of Loans under this Agreement shall be incurred from made by the Lenders pro rata on the basis of their Commitmentsrespective Commitment Percentages. It is understood that no Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 3 contracts
Samples: Term Loan Credit Agreement (ITC Holdings Corp.), Term Loan Credit Agreement (ITC Holdings Corp.), Term Loan Credit Agreement (ITC Holdings Corp.)
Pro Rata Borrowings. All Borrowings of Revolving Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Revolving Loans hereunder and that each Lender shall be obligated to make the Revolving Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Revolving Loans hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Furniture Brands International Inc), Credit Agreement (Furniture Brands International Inc), Credit Agreement (Compuware Corporation)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from the Lenders Banks pro rata on the basis of their Commitments. It is understood that no Lender Bank shall be responsible for any default by any other Lender Bank of its obligation to make Loans hereunder and that each Lender Bank shall be obligated to make the Loans provided to be made by it hereunder, hereunder regardless of the failure of any other Lender Bank to make its Loans hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Financial Security Assurance Holdings LTD), Credit Agreement (Homestead Village Inc), Credit Agreement (Financial Security Assurance Holdings LTD/Ny/)
Pro Rata Borrowings. All Borrowings of Revolving Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Revolving Loan Commitments; provided, that, all Mandatory Borrowings shall be incurred from the Lenders pro rata on the basis of their RL Percentages. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.. 2.08
Appears in 2 contracts
Samples: Abl Credit Agreement (CVR Partners, Lp), Credit Agreement (CVR Energy Inc)
Pro Rata Borrowings. All Borrowings of Revolving Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Revolving Loan Commitments; provided that all Mandatory Borrowings shall be incurred from the Revolving Lenders pro rata on the basis of their Revolving Percentages. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 2 contracts
Samples: Credit Agreement (PPL Energy Supply LLC), Credit Agreement (Talen Energy Holdings, Inc.)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Commitmentsrespective Percentages. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Atwood Oceanics Inc), Credit Agreement (Atwood Oceanics Inc)
Pro Rata Borrowings. All Except as provided in Section 15, all Borrowings of Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 2 contracts
Samples: Syndicated Facility Agreement (Toys R Us Inc), Facility Agreement (Toys R Us Inc)
Pro Rata Borrowings. All Borrowings of Term Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Term Loans hereunder and that each Lender shall be obligated to make the Term Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Term Loans hereunder.
Appears in 2 contracts
Samples: Credit Agreement (United Online Inc), Term Loan Credit Agreement (Dynegy Inc.)
Pro Rata Borrowings. All Borrowings Each Borrowing of Term Loans under this Agreement shall be incurred from made by the Lenders pro rata on the basis of their then-applicable Term Loan Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 2 contracts
Samples: Second Lien Credit Agreement (RTI Surgical Holdings, Inc.), Assignment and Assumption (RTI Surgical Holdings, Inc.)
Pro Rata Borrowings. All Borrowings of Term Loans and Revolving Loans under this Agreement shall be incurred from made by the Lenders pro rata on the basis of their Term Commitments or Revolving Commitments, respectively. It is understood that the obligations of the Lenders hereunder are several (and not joint), that no Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 2 contracts
Samples: Credit Agreement (ABX Holdings, Inc.), Credit Agreement (Air Transport Services Group, Inc.)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their CommitmentsCommitments in respect of the applicable Class. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 2 contracts
Samples: Intercreditor Agreement (AdvancePierre Foods Holdings, Inc.), Term Loan Credit Agreement (AdvancePierre Foods Holdings, Inc.)
Pro Rata Borrowings. All Except as expressly provided in Section 2A.9(e), Borrowings of Loans under this Agreement shall be incurred from loaned by the applicable Lenders pro rata on the basis of their applicable Facility Commitments. It is understood that no No Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans Commitments hereunder.. ARTICLE IIA
Appears in 2 contracts
Samples: Credit Agreement (Crown Holdings Inc), Credit Agreement (Crown Holdings Inc)
Pro Rata Borrowings. All Borrowings of Term Loans and Revolving Loans under this Agreement shall be incurred from made by the Lenders pro rata on the basis of their Term Commitments or Revolving Commitments, respectively. It is understood that no Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Pike Holdings, Inc.), Credit Agreement (Pike Electric CORP)
Pro Rata Borrowings. All Borrowings Each Borrowing of Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 2 contracts
Samples: Pledge Agreement (Centerpoint Energy Inc), Credit Agreement (Centerpoint Energy Inc)
Pro Rata Borrowings. All Borrowings of Loans under a Tranche, under this Agreement shall be incurred from the Lenders pro rata on the basis of their CommitmentsCommitments under such Tranche. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 2 contracts
Samples: Term Loan Agreement (Aleris International, Inc.), Bridge Loan Credit Agreement (Aleris International, Inc.)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their respective Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Magellan Health Inc), Credit Agreement (Magellan Health Inc)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Scorpio Bulkers Inc.), Credit Agreement (Scorpio Bulkers Inc.)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement (other than Swingline Loans) shall be incurred from the Lenders pro rata on the basis of their respective Commitments, provided that all Mandatory Borrowings shall be incurred from the RL Lenders pro rata on the basis of their RL Percentages. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 2 contracts
Samples: Credit Agreement (RCN Corp /De/), Credit Agreement (RCN Corp /De/)
Pro Rata Borrowings. All Borrowings of Revolving Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Commitments; provided that all Mandatory Borrowings shall be incurred from the Lenders pro rata on the basis of their Percentages. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Overseas Shipholding Group Inc), Credit Agreement (Overseas Shipholding Group Inc)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from the Lenders Banks pro rata on the basis of their respective Commitments. It is understood that no Lender Bank shall be responsible for any default by any other Lender Bank of its obligation to make Loans hereunder and that each Lender Bank shall be obligated to make the Loans provided to be made by it hereunder, hereunder regardless of the failure of any other Lender Bank to make its Loans hereunder.
Appears in 2 contracts
Samples: Gramercy Capital Corp, Security Agreement (Firstlink Communications Inc)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans its Loan hereunder and that each Lender shall be obligated to make the Loans Loan provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans Loan hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Trizec Properties Inc), Credit Agreement (Acme Metals Inc /De/)
Pro Rata Borrowings. All Borrowings of Loans the Term A Loan and Term B Loan under this Agreement shall be incurred from the Lenders pro rata on the basis of their Term A Loan Commitments and Term B Loan Commitments, as the case may be. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Alpine Group Inc /De/), Credit Agreement (Superior Telecom Inc)
Pro Rata Borrowings. All Borrowings of Revolving Loans under this Agreement shall be incurred from loaned by the Lenders pro rata on the basis of their Revolving Commitments. It is understood that no No Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans Commitments hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Glatfelter P H Co), Credit Agreement (Glatfelter P H Co)
Pro Rata Borrowings. All The Borrowings of Loans under this Agreement hereunder shall be incurred from the Lenders pro rata on the basis of their respective Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Trumps Castle Funding Inc), Credit Agreement (Trump Hotels & Casino Resorts Funding Inc)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from made by the Lenders pro rata on the basis of their Commitments. It is understood that no No Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunderpursuant to its respective Commitments, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 2 contracts
Samples: Loan Agreement (Starwood Hotel & Resorts Worldwide Inc), Loan Agreement (Starwood Hotel & Resorts Worldwide Inc)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from made by the Lenders pro rata on the basis of their Term Commitments or Revolving Commitments, as the case may be. It is understood that no Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 2 contracts
Samples: Credit Agreement (National Tobacco Co Lp), Credit Agreement (National Tobacco Co Lp)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from the Lenders Banks pro rata on the basis of their Commitments. It is understood that no Lender Bank shall be responsible for any default by any other Lender Bank of its obligation to make Loans hereunder and that each Lender Bank shall be obligated to make the Loans provided to be made by it hereunder, hereunder regardless of the failure of any other Lender Bank to make its Loans hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Omnicom Group Inc), Credit Agreement (Omnicom Group Inc)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their CommitmentsCommitments in respect of Loans. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 2 contracts
Samples: Term Loan Credit Agreement (Omnova Solutions Inc), Loan Credit Agreement (Omnova Solutions Inc)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from the Lenders Banks pro rata on the basis of their respective Commitments. It is understood that no Lender Bank shall be responsible for any default by any other Lender Bank of its obligation to make Loans hereunder and that each Lender Bank shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender Bank to make its Loans hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Eldertrust), Security Agreement (Eldertrust)
Pro Rata Borrowings. All Borrowings of any Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Term Loan Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 2 contracts
Samples: Credit and Guarantee Agreement (Alden Global Capital LLC), Credit and Guarantee Agreement (Alden Global Capital LLC)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from loaned by the applicable Lenders pro rata on the basis of their applicable Facility Commitments. It is understood that no No Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans Commitments hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Owens-Illinois Group Inc), Credit Agreement (Owens-Illinois Group Inc)
Pro Rata Borrowings. All Borrowings of The Term Loans under this Loan Agreement shall be incurred from made by the Lenders pro rata on the basis of their Term Loan Commitments. It is understood that no No Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder hereunder, and that each Lender shall be obligated to make the Loans Loans, as applicable, provided to be made by it hereunder, hereunder regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 2 contracts
Samples: Loan Agreement (Mimedx Group, Inc.), Loan Agreement (Mimedx Group, Inc.)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from the Lenders Banks pro rata on the basis of their respective A Term Loan Commitments, B Term Loan Commitments, Acquisition Loan Commitments or Revolving Loan Commitments, as the case may be. It is understood that no Lender Bank shall be responsible for any default by any other Lender Bank of its obligation to make Loans hereunder and that each Lender Bank shall be obligated to make the Loans provided to be made by it hereunder, hereunder regardless of the failure of any other Lender Bank to make its Loans hereunder.
Appears in 2 contracts
Samples: And Assumption Agreement (Vantas Inc), Credit Agreement (Reckson Services Industries Inc)
Pro Rata Borrowings. All Borrowings of Initial Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 2 contracts
Samples: Bridge Loan Agreement (CF Industries Holdings, Inc.), Agreement Acknowledging Bridge Loan Agreement (CF Industries Holdings, Inc.)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Commitments. The obligations of the Lender hereunder to make Loans and to make payments pursuant to Section 10.06 are several and not joint. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans or make any payment under Section 10.06 hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, hereunder regardless of the failure of any other Lender to make its Loans and payments hereunder.
Appears in 2 contracts
Samples: Global Assignment Agreement (Gener8 Maritime, Inc.), Global Assignment Agreement (Gener8 Maritime, Inc.)
Pro Rata Borrowings. All Borrowings of Loans The Loan made under this Agreement shall be incurred from made by the Lenders pro rata on the basis of their respective Loan Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans its portion of the Loan hereunder and that each Lender shall be obligated to make its portion of the Loans provided to be made by it Loan hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Wellman Inc), Credit Agreement (Wellman Inc)
Pro Rata Borrowings. All Borrowings of Term Loans and Revolving Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Term Loan Commitments or Revolving Loan Commitments, as the case may be. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall only be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Diamond S Shipping Inc.), Credit Agreement (Diamond S Shipping Inc.)
Pro Rata Borrowings. All Borrowings of Revolving Loans under this Agreement shall be incurred from the Lenders Banks pro rata on the basis of their respective Commitments. It is understood that no Lender Bank shall be responsible for any default by any other Lender Bank of its obligation to make Revolving Loans hereunder and that each Lender Bank shall be obligated to make the Revolving Loans provided to be made by it hereunder, regardless of the failure of any other Lender Bank to make its Revolving Loans hereunder.
Appears in 1 contract
Pro Rata Borrowings. All Borrowings The borrowing of Loans under this Agreement shall be incurred from granted by the Lenders pro rata on the basis of gross proceeds equal to 99.00% of their Commitmentsrespective Commitments of the Loans. It is understood that no Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 1 contract
Pro Rata Borrowings. All Borrowings of Multicurrency Revolving Loans under this Agreement shall be incurred from loaned by the Lenders pro rata on the basis of their applicable Commitments. It is understood that no No Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans obligations with respect to its Commitments hereunder.
Appears in 1 contract
Samples: Credit Agreement (Greif Inc)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans its Loan hereunder and that each Lender shall be obligated to make the Loans Loan provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans Loan hereunder.
Appears in 1 contract
Samples: Credit Agreement (Toys R Us Inc)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from loaned by the Lenders pro rata on the basis of -------------------- their applicable Commitments. It is understood that no No Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans Commitments hereunder.
Appears in 1 contract
Samples: Credit Agreement (Us Can Corp)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from loaned by the Lenders pro rata on the basis of their Revolving Loan Commitments. It is understood that no No Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 1 contract
Samples: Revolving Credit Agreement (Leading Edge Earth Products Inc)
Pro Rata Borrowings. All Borrowings of Term Loans under this Agreement and Revolving Loans shall be incurred from the Lenders pro rata on the basis of their Term Loan Commitments, or Revolving Loan Commitments, as the case may be. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 1 contract
Samples: Credit Agreement (Infousa Inc)
Pro Rata Borrowings. All Borrowings Each Borrowing of Loans under this Agreement shall be incurred from made by the Lenders pro rata on the basis of their Commitmentsthen-applicable Commitment Percentages. It is understood that no Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 1 contract
Pro Rata Borrowings. All Borrowings Each Borrowing of A Term Loans, B Term Loans, C Term Loans or Revolving Credit Loans under this Agreement shall be incurred from granted by the Lenders pro rata on the basis of their then-applicable Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 1 contract
Pro Rata Borrowings. All Borrowings of Tender Offer Loans, Term Loans and Revolving Credit Loans under this Agreement shall be incurred from loaned by the Lenders pro rata on the basis of their Commitments, as the case may be. It is understood that no Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder hereunder, and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 1 contract
Samples: Credit Agreement (Tefron LTD)
Pro Rata Borrowings. All Borrowings of Revolving Loans under this Agreement shall be incurred from loaned by the Lenders pro rata on the basis of their Revolving Commitments. It is understood that no No Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans Commitment hereunder.
Appears in 1 contract
Pro Rata Borrowings. All Borrowings of B Term Loans and C Term Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their B Term Loan Commitments or C Term Loan Commitments, as the case may be. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 1 contract
Pro Rata Borrowings. All Borrowings The borrowing of Loans under this Agreement shall be incurred from granted by the Lenders pro rata on the basis basis, and in the amount, of 99.00% of their respective Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 1 contract
Samples: Credit Agreement (Verso Paper Corp.)
Pro Rata Borrowings. All Borrowings of Term Loans and Revolving Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Term Loan Commitments or Revolving Loan Commitments, as the case may be. It is understood that no No Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder hereunder, and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 1 contract
Samples: Credit Agreement (Too Inc)
Pro Rata Borrowings. All Borrowings of The Loans made under this Agreement shall be incurred from made by the Lenders pro rata on the basis of their respective Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make its portion of the Loans hereunder and that each Lender shall be obligated to make its portion of the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 1 contract
Pro Rata Borrowings. All Borrowings The Borrowing of Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Commitments. The obligations of the Lenders hereunder to make Loans are several and not joint. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 1 contract
Samples: Assignment and Assumption Agreement (Grana & Montero S.A.A.)
Pro Rata Borrowings. All Except as expressly provided in Section 2A.9(e), all Borrowings of Loans under this Agreement shall be incurred from loaned by the applicable Lenders pro rata on the basis of their Commitments. It is understood that no No Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans Commitment hereunder.
Appears in 1 contract
Samples: Credit Agreement (Ball Corp)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from made by the Lenders pro rata on the basis of their respective Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans Commitment hereunder.
Appears in 1 contract
Samples: Credit Agreement (Cedar Fair L P)
Pro Rata Borrowings. All Borrowings of Syndicated Loans under this Agreement shall be incurred from the Lenders Banks pro rata on the basis of their Commitments. It is understood that no Lender Bank shall be responsible for any default by any other Lender Bank of its obligation to make Loans hereunder and that each Lender Bank shall be obligated to make the Loans provided to be made by it hereunder, hereunder regardless of the failure of any other Lender Bank to make its Loans hereunder.
Appears in 1 contract
Samples: Credit Agreement (Omnicom Group Inc)
Pro Rata Borrowings. All Borrowings of Second-Lien Loans under this Agreement shall be incurred by the Borrower from the Lenders pro rata on the basis of their Commitmentssuch Lenders’ Commitments as in effect on the date of the respective Borrowing. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Second-Lien Loans hereunder and that each Lender shall be obligated to make the Second-Lien Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 1 contract
Samples: Credit Agreement (EnerSys)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Commitments, as the case may be. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make its pro rata portion of the Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 1 contract
Pro Rata Borrowings. All Borrowings of Loans (including Deferred Loans) under this Agreement shall be incurred from the Lenders pro rata on the basis of their CommitmentsCommitments as at the time or, in the case of the Deferred Loans, deemed time, of the relevant Borrowing. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 1 contract
Samples: Credit Agreement (Norwegian Cruise Line Holdings Ltd.)
Pro Rata Borrowings. All Borrowings of B Term Loans and Revolving Loans (including Mandatory Borrowings) under this Agreement shall be incurred from the Lenders pro rata on the basis of their CommitmentsB Term Loan Commitments or RL Percentages, as the case may be. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 1 contract
Pro Rata Borrowings. All Borrowings of Revolving Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Revolving Loan Commitments; provided that all Mandatory Borrowings shall be incurred from the Lenders pro rata on the basis of their RL Percentages. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 1 contract
Samples: Intercreditor Agreement (Southeastern Grocers, LLC)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from the Lenders Banks pro rata on the basis of their Commitmentsrespective Commitments of the applicable Tranche. It is understood that no Lender Bank shall be responsible for any default by any other Lender Bank of its obligation to make Loans hereunder and that each Lender Bank shall be obligated to make the Loans provided to be made by it hereunder, hereunder regardless of the failure of any other Lender Bank to make its Loans hereunder.
Appears in 1 contract
Pro Rata Borrowings. All Borrowings of Term Loans under this Agreement shall be incurred from made by the Lenders pro rata on the basis of their Term Loan Commitments. It is understood that no No Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 1 contract
