Pro Rata Shares. All Loans shall be made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any Term Loan Commitment or any Revolving Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 70 contracts

Samples: Credit and Guaranty Agreement (ONE Group Hospitality, Inc.), Credit and Guaranty Agreement (P10, Inc.), Credit and Guaranty Agreement (ONE Group Hospitality, Inc.)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any ~~Term Loan Commitment or any Revolving~~ Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 23 contracts

Samples: Lease Agreement (GPB Holdings II, LP), Credit Agreement (New Fortress Energy Inc.), Credit and Guaranty Agreement (OneWater Marine Inc.)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any Term Loan Commitment ~~or any Revolving Commitment~~ of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 21 contracts

Samples: Bridge Credit and Guaranty Agreement (Leonardo DRS, Inc.), Credit and Guaranty Agreement (Douglas Dynamics, Inc), Credit and Guaranty Agreement (REVA Medical, Inc.)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by the Lenders simultaneously and proportionately to their respective ~~Pro Rata Shares~~pro rata shares of the Loans, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any ~~Term Loan~~ Revolving Commitment or any Term Loan Commitment, or the portion of the aggregate outstanding principal amount of the Revolving ~~Commitment~~ Loans or the Term Loans, of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 18 contracts

Samples: Loan and Security Agreement (Guardian Pharmacy Services, Inc.), Loan and Security Agreement (Guardian Pharmacy Services, Inc.), Credit Agreement (AdaptHealth Corp.)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s 's obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any Term Loan Commitment or any Revolving Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s 's obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 15 contracts

Samples: Credit and Guaranty Agreement (Medical Device Manufacturing, Inc.), Credit Agreement (Regal Entertainment Group), Credit and Guaranty Agreement (Amscan Holdings Inc)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata ~~Shares~~Shares of the applicable Class of Loans, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any Term Loan ~~Commitment~~ Commitments or any Revolving ~~Commitment~~ Commitments of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 14 contracts

Samples: Credit Agreement (PVH Corp. /De/), Credit and Guaranty Agreement (Grifols SA), Credit and Guaranty Agreement (PVH Corp. /De/)

Pro Rata Shares. All Loans shall be made, and all participations shall be purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any Term Loan Commitment or ~~any~~ Revolving Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 14 contracts

Samples: Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.), Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.), Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any ~~Term Loan Commitment or any~~ Revolving Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 9 contracts

Samples: Restatement Agreement (CNO Financial Group, Inc.), Restatement Agreement (CNO Financial Group, Inc.), Credit Agreement (CNO Financial Group, Inc.)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s 's obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any ~~Term Loan Commitment or any Revolving~~ Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s 's obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 8 contracts

Samples: Deposit Security Agreement, Deposit Security Agreement, Credit and Guaranty Agreement (Tekoil & Gas Corp)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by the Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any ~~Term Loan Commitment or any~~ Revolving Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 8 contracts

Samples: Credit and Guaranty Agreement (Compass, Inc.), Revolving Credit and Guaranty Agreement (Compass, Inc.), Revolving Credit and Guaranty Agreement (Blue Apron Holdings, Inc.)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by the Lenders simultaneously and proportionately to their respective ~~Pro Rata Shares~~pro rata shares of the Loans, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any ~~Term Loan Commitment~~ Revolving Commitment, or ~~any~~ the portion of the aggregate outstanding principal amount of the Revolving ~~Commitment~~ Loans, of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 8 contracts

Samples: Credit Agreement (FutureFuel Corp.), Credit Agreement (Empire Petroleum Partners, LP), Credit Agreement (Physicians Realty Trust)

Pro Rata Shares. All Loans ~~shall~~ will be made, and all participations will be purchased, by the Lenders simultaneously and proportionately to their respective Pro Rata Shares~~, it being understood that no~~ . No Lender ~~shall~~ will be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor ~~shall~~ will any Term Loan Commitment or any Revolving Credit Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 7 contracts

Samples: Credit and Guaranty Agreement (Bioventus Inc.), Credit and Guaranty Agreement (Artivion, Inc.), Credit and Guaranty Agreement (Bioventus Inc.)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by ~~Lenders~~ Xxxxxxx simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other ~~Lender~~Xxxxxx’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any ~~Term Loan Commitment or any Revolving~~ Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 6 contracts

Samples: Credit and Guaranty Agreement (Karyopharm Therapeutics Inc.), Credit and Guaranty Agreement (Veritone, Inc.), Credit and Guaranty Agreement

Pro Rata Shares. ~~All~~ Subject to Section 2.22, all Loans shall be made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any ~~Term Loan Commitment or any~~ Revolving Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 5 contracts

Samples: Credit and Guaranty Agreement (Gramercy Property Trust Inc.), Credit and Guaranty Agreement (Gramercy Property Trust Inc.), Credit and Guaranty Agreement (General Growth Properties, Inc.)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by the Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that (i) the failure of any Lender to fund any such Loan shall not relieve any other Lender of its obligation hereunder and (ii) no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any Term Loan ~~Commitment or any Revolving~~ Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 5 contracts

Samples: Term Loan Credit and Guaranty Agreement (2U, Inc.), Credit and Guaranty Agreement (Airbnb, Inc.), First Lien Credit and Guaranty Agreement (Airbnb, Inc.)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by the Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any Term Loan Commitment or any Revolving Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 4 contracts

Samples: Credit and Guaranty Agreement (Covia Holdings Corp), Credit and Guaranty Agreement (Fmsa Holdings Inc), Credit and Guaranty Agreement (Fmsa Holdings Inc)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s 's obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any Term Loan ~~Commitment or any Revolving~~ Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s 's obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 4 contracts

Samples: Credit and Guaranty Agreement (3com Corp), Credit and Guaranty Agreement (Connetics Corp), Term Loan and Guaranty Agreement (Autocam Corp/Mi)

Pro Rata Shares. All Term Loans shall be made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Term Loan requested hereunder or purchase a participation required hereby nor shall any ~~Term Loan Commitment or any Revolving~~ Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Term Loan requested hereunder or purchase a participation required hereby.

Appears in 4 contracts

Samples: Credit Agreement (New Fortress Energy LLC), Credit Agreement (New Fortress Energy LLC), Credit Agreement (Fortress Transportation & Infrastructure Investors LLC)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any ~~Term~~ Revolving Loan ~~Commitment or any Revolving~~ Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Douglas Dynamics, Inc), Credit and Guaranty Agreement (Douglas Dynamics, Inc), Credit and Guaranty Agreement (Douglas Dynamics, Inc)

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (8point3 Energy Partners LP), Credit and Guaranty Agreement (TerraForm Power, Inc.), Credit and Guaranty Agreement

Pro Rata Shares. All Loans shall be made, and all participations purchased, by ~~Lenders~~ Banks simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no ~~Lender~~ Bank shall be responsible for any default by any other ~~Lender~~ Bank in such other ~~Lender~~Bank’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any B Term Loan Commitment or any Revolving Commitment of any ~~Lender~~ Bank be increased or decreased as a result of a default by any other ~~Lender~~ Bank in such other ~~Lender~~Bank’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Xerium Technologies Inc), Credit and Guaranty Agreement (Xerium Technologies Inc), Credit and Guaranty Agreement (Xerium Technologies Inc)

Appears in 3 contracts

Samples: Credit Agreement (Orion Group Holdings Inc), Credit Agreement (Orion Group Holdings Inc), Credit Agreement (Orion Group Holdings Inc)

Pro Rata Shares. All Term Loans shall be made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Term Loan requested hereunder or purchase a participation required hereby nor shall any Term Loan ~~Commitment or any Revolving~~ Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Term Loan requested hereunder or purchase a participation required hereby.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Newtek Business Services Corp.), Credit and Guaranty Agreement (NewPage CORP), Credit and Guaranty Agreement (AbitibiBowater Inc.)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any ~~Term Loan Commitment or any~~ Revolving Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Terraform Global, Inc.), Credit and Guaranty Agreement, Credit and Guaranty Agreement (TerraForm Power, Inc.)

Pro Rata Shares. All Revolving Loans shall be made, and all participations purchased, by the Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Revolving Loan requested hereunder or purchase a participation required hereby nor shall ~~any Term Loan Commitment or~~ any Revolving Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Revolving Loan requested hereunder or purchase a participation required hereby.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Consumer Portfolio Services Inc), Revolving Credit Agreement (Consumer Portfolio Services Inc), Revolving Credit Agreement (Consumer Portfolio Services Inc)

Pro Rata Shares. All Loans shall be made, and all participations ~~purchased~~purchased under Section 2.17, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested ~~hereunder~~ under this Agreement or purchase a participation required hereby under Section 2.17 nor shall any ~~Term Loan Commitment or any Revolving~~ Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested ~~hereunder~~ under this Agreement or purchase a participation required ~~hereby~~hereby under Section 2.17.

Appears in 3 contracts

Samples: Loan and Guaranty Agreement (Reliant Pharmaceuticals, Inc.), Counterpart Agreement (Reliant Pharmaceuticals, Inc.), Loan and Guaranty Agreement (Reliant Pharmaceuticals, Inc.)

Pro Rata Shares. All Loans on the occasion of any Borrowing shall be made, and all participations purchased, by the Lenders ~~simultaneously and~~ proportionately to their respective Pro Rata Shares, it being understood that (i) no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby ~~nor shall any~~ and (ii) no Term Loan Commitment or any Revolving Commitment of any Lender shall be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 3 contracts

Samples: Credit and Guarantee Agreement (AutoTrader Group, Inc.), Credit and Guarantee Agreement (Telx Group, Inc.), Credit and Guarantee Agreement (Telx Group, Inc.)

Pro Rata Shares. All Loans shall be made, ~~and~~ and, subject to adjustments pursuant to Section 2.21, all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any ~~Term Loan Commitment or any Revolving~~ Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Priority Technology Holdings, Inc.), Credit and Guaranty Agreement (Priority Technology Holdings, Inc.), Credit and Guaranty Agreement (Priority Technology Holdings, Inc.)

Pro Rata Shares. All Loans of each Class shall be ~~made, and all participations purchased,~~ made by Lenders simultaneously and proportionately to their respective Pro Rata ~~Shares~~Shares for such Class, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any Term Loan Commitment or any Revolving Commitment (or any Extended Revolving Commitment) of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested ~~hereunder or purchase a participation required hereby~~hereunder.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Och-Ziff Capital Management Group LLC), Credit and Guaranty Agreement (Och-Ziff Capital Management Group LLC)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by the applicable Lenders simultaneously and proportionately to their respective ~~Pro Rata Shares~~pro rata shares of the Loans, it being understood that no Lender shall be responsible for any default by any other Lender in such other ~~Lender~~Xxxxxx’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any ~~Term Loan~~ Revolving Commitment or any Term Loan Commitment, or the portion of the aggregate outstanding principal amount of the Revolving ~~Commitment~~ Loans or the Term Loans, of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 2 contracts

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

Pro Rata Shares. All Loans shall be made, and all required participations shall be purchased, by the Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other ~~Lender~~Xxxxxx’s obligation to make a Loan requested hereunder or purchase a participation required ~~hereby~~ hereby, nor shall any ~~Term Loan Commitment or any Revolving~~ Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Lifecore Biomedical, Inc. \De\), Credit and Guaranty Agreement (Lifecore Biomedical, Inc. \De\)

Pro Rata Shares. All Interim Loans shall be made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata ~~Shares~~Shares of Interim Loans, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a an Interim Loan requested hereunder or purchase a participation required hereby nor shall any ~~Term Loan Commitment or any Revolving Commitment~~ Commitments of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a an Interim Loan requested hereunder or purchase a participation required hereby.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Grifols SA), Credit and Guaranty Agreement (Grifols SA)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by the Lenders simultaneously and proportionately to their respective ~~Pro Rata Shares~~pro rata shares of the Loans, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any ~~Term Loan Commitment~~ Commitment, or ~~any Revolving Commitment~~ the portion of the aggregate outstanding principal amount of the Loans, of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 2 contracts

Samples: Possession Credit Agreement (International Shipholding Corp), Possession Credit Agreement

Pro Rata Shares. All Term Loans shall be made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any ~~Term Loan Commitment or any Revolving~~ Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Exopack Holding Corp), Credit and Guaranty Agreement (Exopack Holding Corp)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by ~~Lenders~~ Xxxxxxx simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other ~~Lender~~Xxxxxx’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall ~~any Term Loan Commitment or~~ any Revolving Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 2 contracts

Samples: Restatement Agreement (CNO Financial Group, Inc.), Restatement Agreement (CNO Financial Group, Inc.)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required ~~hereby~~ hereby, nor shall any Term Loan Commitment or any Revolving Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Lannett Co Inc), Pledge and Security Agreement (Lannett Co Inc)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by Lenders simultaneously and proportionately to their respective ~~Pro Rata Shares~~Applicable Percentage, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any Term Loan Commitment ~~or any Revolving Commitment~~ of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 2 contracts

Samples: Credit Agreement (A.S.V., LLC), Credit Agreement (Manitex International, Inc.)

Pro Rata Shares. ~~All~~ Subject to Section 2.22, all Loans shall be made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood ~~that~~ that, except to the extent set forth in Section 2.22(a)(iv), no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall ~~any Term Loan Commitment or~~ any Revolving Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Northstar Realty Finance Corp.), Credit and Guaranty Agreement (Northstar Realty Finance Corp.)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by the applicable Lenders simultaneously and proportionately to their respective ~~Pro Rata Shares~~pro rata shares of the Loans, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any ~~Term Loan~~ Revolving Commitment or any Term Loan Commitment, or the portion of the aggregate outstanding principal amount of the Revolving ~~Commitment~~ Loans or the Term Loans, of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.. (b)

Appears in 2 contracts

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

Pro Rata Shares. All Loans shall be made, and all participations purchased, by the Lenders simultaneously and proportionately to their respective ~~Pro Rata Shares~~Revolving Commitment Percentage of the Loans, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any ~~Term Loan Commitment~~ Revolving Commitment, or ~~any~~ the portion of the aggregate outstanding principal amount of the Revolving ~~Commitment~~ Loans, of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 2 contracts

Samples: Credit Agreement (Protective Life Insurance Co), Credit Agreement (Protective Life Insurance Co)

Pro Rata Shares. All Loans on the occasion of any Borrowing shall be made, and all participations in Letters of Credit shall be purchased, by the Lenders ~~simultaneously and~~ proportionately to their respective Pro Rata Shares, it being understood that (i) no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby ~~nor shall any~~ and (ii) no Term Loan Commitment or any Revolving Commitment of any Lender shall be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (CVR Energy Inc), Credit and Guaranty Agreement (CVR Partners, Lp)

Pro Rata Shares. (a) All Loans shall be made, and all participations purchased pursuant to Section 2 shall be purchased, as the case may be, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s 's obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall ~~any Term Loan Commitment or any Revolving~~ the Facility Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s 's obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Stryker Corp), Credit and Guaranty Agreement (Stryker Corp)

Pro Rata Shares. All Loans ~~shall~~ will be made, and all participations will be purchased, by the Lenders simultaneously and proportionately to their respective Pro Rata Shares~~, it being understood that no~~ . No Lender ~~shall~~ will be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor ~~shall~~ will any Term Loan Commitment or any Incremental Revolving Credit Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Cohu Inc), Credit and Guaranty Agreement (Cohu Inc)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by the Lenders simultaneously and proportionately to their respective ~~Pro Rata Shares~~pro rata shares of the Loans, it being understood that no Lender shall be responsible for any default by any other Lender in such other ~~Lender~~Xxxxxx’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any ~~Term Loan Commitment~~ Revolving Commitment, or ~~any~~ the portion of the aggregate outstanding principal amount of the Revolving ~~Commitment~~ Loans, of any Lender be increased or decreased as a result of a default by any other Lender in such other ~~Lender~~Xxxxxx’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 2 contracts

Samples: Credit Agreement (FutureFuel Corp.), Credit Agreement (Hibbett Inc)

Pro Rata Shares. ~~All~~ Except as provided in Section 2.1(a), all Loans shall be made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any ~~Term Loan Commitment or any Revolving~~ Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 2 contracts

Samples: Credit and Guarantee Agreement (Kraton Corp), Credit and Guarantee Agreement (Kraton Performance Polymers, Inc.)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by ~~Lenders~~ Banks simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no ~~Lender~~ Bank shall be responsible for any default by any other ~~Lender~~ Bank in such other ~~Lender~~Bank’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any ~~Term Loan Commitment or any~~ Revolving Commitment of any ~~Lender~~ Bank be increased or decreased as a result of a default by any other ~~Lender~~ Bank in such other ~~Lender~~Bank’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Xerium Technologies Inc), Credit and Guaranty Agreement (Xerium Technologies Inc)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by the Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any ~~Term Loan Commitment or any Revolving~~ Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 2 contracts

Samples: Margin Loan Agreement (Sunedison, Inc.), Credit Agreement (Crosstex Energy Inc)

Pro Rata Shares. All Loans shall be made, and all participations shall be purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any ~~Term Loan Commitment or any~~ Revolving Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.), Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.)

Pro Rata Shares. All Loans shall be ~~made,~~ made and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any ~~Term Loan Commitment or any Revolving~~ Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 2 contracts

Samples: Security Agreement (CURO Group Holdings Corp.), Security Agreement (CURO Group Holdings Corp.)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by the Lenders simultaneously and proportionately to their respective ~~Pro Rata Shares~~pro rata shares of the Loans, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any ~~Term Loan~~ Revolving Commitment or any Term Loan Commitment, or the portion of the aggregate outstanding principal amount of the Revolving ~~Commitment~~ Loans or the Term Loan, of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 2 contracts

Samples: Credit Agreement (BurgerFi International, Inc.), Credit Agreement and Joinder (BurgerFi International, Inc.)

Pro Rata Shares. ~~All~~ Subject to Section 2.21, all Loans shall be made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any ~~Term Loan Commitment or any~~ Revolving Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 2 contracts

Samples: Revolving Credit and Guaranty Agreement (Zekelman Industries, Inc.), Revolving Credit and Guaranty Agreement (CommScope Holding Company, Inc.)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required ~~hereby~~ hereby, nor shall ~~any Term Loan Commitment or~~ any Revolving Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Lannett Co Inc), Credit and Guaranty Agreement (Lannett Co Inc)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any Term Loan Commitment, Incremental Term Loan Commitment or any Revolving Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Prommis Solutions Holding Corp.), Credit and Guaranty Agreement (Prommis Solutions Holding Corp.)

Pro Rata Shares. ~~All~~ Each Class of Loans shall be made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata ~~Shares~~Shares of such Class, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any ~~Term~~ Loan ~~Commitment or any Revolving~~ Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Hamilton Lane INC), Credit and Guaranty Agreement (Hamilton Lane INC)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any Initial Term Loan ~~Commitment or any Revolving Commitment~~ of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 1 contract

Samples: Term Loan Agreement (Source Interlink Companies Inc)

Pro Rata Shares. All Loans ~~shall~~ will be made, and all participations will be purchased, by the Lenders simultaneously and proportionately to their respective Pro Rata Shares~~, it being understood that no~~ . No Lender ~~shall~~ will be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor ~~shall any Term Loan Commitment or~~ will any Revolving Credit Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (KAMAN Corp)

Pro Rata Shares. All Tranche A Term Loans shall be deemed made, all Tranche B Term Loans shall be made, and all participations purchased, by Lenders ~~simultaneously~~ concurrently and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s 's obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall ~~any~~ the Tranche B Term Loan ~~Commitment or any Revolving~~ Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s 's obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Equinix Inc)

Pro Rata Shares. All Term Loans shall be made, and all --------------- participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s 's obligation to make a Term Loan requested hereunder or purchase a participation required hereby nor shall any Term Loan ~~Commitment or any Revolving~~ Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s 's obligation to make a Term Loan requested hereunder or purchase a participation required hereby.

Appears in 1 contract

Samples: Credit Agreement (Mission Energy Holding Co)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by Lenders ~~simultaneously and~~ proportionately to their respective Pro Rata ~~Shares~~Shares and otherwise in accordance with subsection 2.1(b)(v), it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s 's obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any ~~Term Loan Commitment or any Revolving~~ Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s 's obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Gabriel Communications Inc /De/)

Pro Rata Shares. All Loans shall be made, and all --------------- participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s 's obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any ~~Term Loan Commitment or any Revolving~~ Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s 's obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Focal Communications Corp)

Pro Rata Shares. All Term Loans shall be made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Term Loan requested hereunder or purchase a participation required hereby nor shall any Term Loan ~~Commitment or any Revolving~~ Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Term Loan requested hereunder or purchase a participation required hereby.. (b)

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Newtek Business Services Corp.)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any ~~Term~~ Loan ~~Commitment or any Revolving Commitment~~ of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 1 contract

Samples: Senior Subordinated Bridge Loan Agreement (Source Interlink Companies Inc)

Pro Rata Shares. All Loans and New Credit Linked Deposits shall be made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any Term Loan Commitment, Funded Letter of Credit Commitment or any Revolving Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan or New Credit Linked Deposit requested hereunder or purchase a participation required hereby.

Appears in 1 contract

Samples: Credit Agreement (Covanta Holding Corp)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by the Lenders ~~simultaneously and~~ proportionately to their respective ~~Pro Rata Shares~~Commitments and otherwise in accordance with subsection 2.1, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s 's obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any ~~Term Loan Commitment or any Revolving~~ Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s 's obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Nuvox Inc /De/)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any ~~Term Loan~~ Credit-Linked Commitment or any Revolving Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Amerigroup Corp)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any Term Loan Commitment, Revolving Commitment or ~~any Revolving~~ Incremental Loan Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Entravision Communications Corp)

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Covanta Holding Corp)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by the Lenders simultaneously and proportionately to their respective ~~Pro Rata Shares~~pro rata shares of the Loans, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any Term Loan ~~Commitment~~ Commitment, or ~~any Revolving Commitment~~ the portion of the aggregate outstanding principal amount of the Term Loans, of any Lender be increased or decreased as a result of a default by any other Lender in such other ~~Lender~~Xxxxxx’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 1 contract

Samples: Credit Agreement (MSP Recovery, Inc.)

Pro Rata Shares. All Revolving Loans shall be made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Revolving Loan requested hereunder or purchase a participation required hereby nor shall ~~any Term Loan Commitment or~~ any Revolving Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Revolving Loan requested hereunder or purchase a participation required hereby.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (GXS Investments, Inc.)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any Term Loan Commitment or any Revolving Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Digitalglobe, Inc.)

Pro Rata Shares. (a) All Term Loans shall be made, and all participations purchased, by the Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Term Loan requested hereunder or purchase a participation required hereby nor shall any Term Loan ~~Commitment or any Revolving Commitment~~ of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Term Loan requested hereunder or purchase a participation required hereby.

Appears in 1 contract

Samples: Credit Agreement (Consumer Portfolio Services Inc)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by the Lenders simultaneously and proportionately to their respective ~~Pro Rata Shares~~pro rata shares of the Loans, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any Revolving Commitment or Term Loan ~~Commitment~~ Commitment, or ~~any~~ the portion of the aggregate outstanding principal amount of the Revolving ~~Commitment~~ Loans or the Term Loan, of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 1 contract

Samples: Credit Agreement (Pfsweb Inc)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any New Term Loan Commitment or any Revolving Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Telvent Git S A)

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata ~~Shares~~Shares of the respective Commitment, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any Term Loan Commitment or any Revolving Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Primo Water Corp)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by the Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s 's obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any Term Loan ~~Commitment or any Revolving~~ Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s 's obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (3com Corp)

Appears in 1 contract

Samples: Credit Agreement (AdaptHealth Corp.)

Pro Rata Shares. All Loans shall be made, and all required participations shall be purchased, by the Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required ~~hereby~~ hereby, nor shall any ~~Term Loan Commitment or any Revolving~~ Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Landec Corp \Ca\)

Pro Rata Shares. All Loans shall be made, and all participations --------------- purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s 's obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall ~~any Term Loan Commitment or any Revolving~~ the Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s 's obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Northpoint Communications Group Inc)

Pro Rata Shares. All Loans (other than Swing Line Loans) shall be made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s 's obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any ~~Term Loan Commitment or any Revolving~~ Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s 's obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Payless Shoesource Inc /De/)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s 's obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall ~~any Term Loan Commitment or any~~ the Revolving Credit Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s 's obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Nextlink Communications Inc /De/)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by the Lenders simultaneously and proportionately to their respective ~~Pro Rata Shares~~pro rata shares of the Loans, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any Revolving Commitment or Term Loan ~~Commitment~~ Commitment, or ~~any~~ the portion of the aggregate outstanding principal amount of the Revolving ~~Commitment~~ Loans or the Term Loans, of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 1 contract

Samples: Credit Agreement (EarthLink Holdings Corp.)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by the(a) applicable Lenders simultaneously and proportionately to their respective ~~Pro Rata Shares~~pro rata shares of the Loans, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any ~~Term Loan~~ Revolving Commitment or any Term Loan Commitment, or the portion of the aggregate outstanding principal amount of the Revolving ~~Commitment~~ Loans or the Term Loans, of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.. Availability of Funds.(b)

Appears in 1 contract

Samples: Credit Agreement (Ebix Inc)

Pro Rata Shares. All Loans shall be made, and all participations shall be purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any Term Loan Commitment or any Revolving Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Valeant Pharmaceuticals International)

Pro Rata Shares. All Loans shall be made, ~~and~~ and, subject to adjustments pursuant to Section 2.21, all participations purchased, by ~~Lenders~~ Xxxxxxx simultaneously and proportionately to NAI-1537228099v31537241654v2 their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any ~~Term Loan Commitment or any Revolving~~ Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other ~~Lender~~Xxxxxx’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Priority Technology Holdings, Inc.)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by Lenders required to make such Loans or purchase such participations, simultaneously and proportionately to their respective Pro Rata ~~Shares~~Shares thereof, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any ~~Term Loan Commitment or any Revolving~~ Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 1 contract

Samples: Security Agreement (W R Grace & Co)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by ~~Lenders~~ Xxxxxxx simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any Term Loan Commitment or ~~any Revolving~~ Additional Term Loan Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Hydrofarm Holdings Group, Inc.)

Pro Rata Shares. All Loans shall be ~~made,~~ made and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any Term Loan Commitment or any Revolving Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (HealthSpring, Inc.)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any Revolving Commitment or Term Loan ~~Commitment or any Revolving~~ Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 1 contract

Samples: Credit Agreement (Bluestem Brands, Inc.)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any First Lien Term Loan Commitment or any Revolving Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Day International Group Inc)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s 's obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall ~~any Term Loan Commitment or~~ any Revolving Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s 's obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Hm Publishing Corp)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any Term Loan Commitment, Term B Loan Commitment or any Revolving Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 1 contract

Samples: Credit and Guaranty Agreement and Waiver (Gentek Inc)

Pro Rata Shares. All Term Loans shall be made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s 's obligation to make a Term Loan requested hereunder or purchase a participation required hereby nor shall any Term Loan ~~Commitment or any Revolving~~ Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s 's obligation to make a Term Loan requested hereunder or purchase a participation required hereby.

Appears in 1 contract

Samples: Pledge and Security Agreement (AbitibiBowater Inc.)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender or Administrative Agent shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any Second Lien Term Loan ~~Commitment or any Revolving~~ Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Day International Group Inc)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by the Lenders simultaneously and proportionately to their respective ~~Pro Rata Shares~~pro rata shares of the Loans, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any ~~Term Loan Commitment or any~~ Revolving ~~Commitment of any Lender~~ Commitment, be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 1 contract

Samples: Credit Agreement (Pike Electric CORP)

Pro Rata Shares. All Term Loans shall be made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Term Loan requested hereunder or purchase a participation required hereby nor shall any Multi-Draw Term Loan ~~Commitment or any Revolving~~ Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Term Loan requested hereunder or purchase a participation required hereby.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Vertex Energy Inc.)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that the obligations of the Lenders hereunder are several, and no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall ~~any Term Loan Commitment or~~ any Revolving Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (TerraForm Power, Inc.)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any Term Loan B Commitment or any Revolving Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Houghton Mifflin Co)

Pro Rata Shares. All Loans shall be made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata ~~Shares~~Shares of the applicable Class of Loans, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any Term Loan ~~Commitment~~ Commitments or any Revolving ~~Commitment~~ Commitments of any Lender be increased or decreased as a result of a default by any other Lender in such other ~~Lender~~Xxxxxx’s obligation to make a Loan requested hereunder or purchase a participation required hereby.. (b)

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Grifols SA)

Pro Rata Shares. All Bridge Loans shall be made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Bridge Loan requested hereunder or purchase a participation required hereby nor shall any ~~Term Loan Commitment or any Revolving~~ Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Bridge Loan requested hereunder or purchase a participation required hereby.

Appears in 1 contract

Samples: Credit Agreement (Fortress Transportation & Infrastructure Investors LLC)

Common use of Pro Rata Shares Clause in Contracts