Common use of Pro Rata Sharing Clause in Contracts

Pro Rata Sharing. If at any time any Lender receives any amount in respect of sums due from the Borrower under this Agreement whether by way of voluntary or involuntary payment, set-off or otherwise, it will promptly pay the amount so received to the other Lenders pro rata in accordance with their respective Participations in such amount. Such Lender shall treat such amount as if it were a payment by the Borrower directly to all Lenders on account of sums due from the Borrower hereunder so that, as between the Borrower and the Lender which originally received the amount, the amount shall be treated as not having been paid and such Lender shall retain all its rights against the Borrower or otherwise in respect of such amount (except to the extent of any sum retained by it as its pro rata share). Notwithstanding the foregoing provisions of this paragraph: (A) a Lender shall not be required to share any amount which it has received as a result of any legal proceedings commenced in order to recover sums owing to it under this Agreement with any other Lender which has a legal right to but does not join in such legal proceedings after having been given reasonable opportunity so to do and which does not commence and diligently pursue separate legal proceedings for that purpose; and (B) if any Lender is required to repay to the Borrower any part of an amount originally received by it and shared pursuant to this Clause, the other Lenders shall make funds available on a pro rata basis to reimburse such Lender for the amount required to be repaid (less the appropriate portion of any sum retained by such Lender in respect of such amount).

Pro Rata Sharing. If at any time any Lender receives any amount from the Borrower or otherwise in respect of the relevant part of sums due from the Borrower under this Agreement hereunder (other than pursuant to Clause 11.1 (Payments to the Lenders) or from an assignee, transferee or participant) whether by way of voluntary or involuntary payment, set-off or otherwise, it will promptly pay to the other Lender the relevant part of the amount so received to such that the other Lenders share such amount pro rata in accordance with their respective Participations participations in such amountthe Loans. Such The other Lender shall treat such amount as if it were a payment by the Borrower directly to all Lenders that Lender on account of sums due from the Borrower hereunder so that, as between the Borrower and the Lender which who originally received the amount, the amount shall not be treated as not having been paid and such Lender shall retain all its rights against the Borrower or otherwise in with respect of to such amount (except to the extent of any sum retained by it as its pro rata shareit). Notwithstanding the foregoing provisions of this paragraphClause: (Ai) a no Lender shall not be required to share any amount which it has received as a result of any legal proceedings commenced in order against the Borrower to recover sums owing to it under this Agreement with any other Lender which has a legal right to but does not join in such legal proceedings after having been given reasonable opportunity so to do and which does not commence and diligently pursue a separate legal proceedings for that purposeaction to enforce its rights against the Borrower; and (Bii) if any Lender is required to repay to the Borrower any part of an amount originally received by it from the Borrower and shared pursuant to this Clause, the other Lenders Lender shall make funds available on a pro rata basis to reimburse such Lender for the amount required to be repaid (less the appropriate portion of any sum retained by which such Lender has retained in respect of such amount).

Pro Rata Sharing. If Except as set forth in Section 1.06 of the Second Amended and Restated Intercreditor Agreement by and among Lenders of even date herewith as the same may be amended from time to time (the "Intercreditor Agreement"), if at any time any Lender receives any amount in respect of sums due from the Borrower under this Agreement whether by way of voluntary or involuntary payment, set-off or otherwise, it will promptly pay the amount so received to the other Lenders pro rata in accordance with their respective Participations Pro Rata Share in such amount. Such Lender shall treat such amount as if it were a payment by the Borrower directly to all Lenders on account of sums due from the Borrower hereunder so that, as between the Borrower and the Lender which originally received the amount, the amount shall be treated as not having been paid and such Lender shall retain all its rights against the Borrower or otherwise in respect of such amount (except to the extent of any sum retained by it as its pro rata share). Notwithstanding the foregoing provisions of this paragraphsection: (A) a Lender shall not be required to share any amount which it has received as a result of any legal proceedings commenced in order to recover sums owing to it under this Agreement with any other Lender which has a legal right to but does not join in such legal proceedings after having been given reasonable opportunity so to do and which does not commence and diligently pursue separate legal proceedings for that purpose; and (B) if any Lender is required to repay to the Borrower any part of an amount originally received by it and shared pursuant to this Clause, the other Lenders Lender shall make funds available on a pro rata basis to reimburse such Lender for the amount required to be repaid (less the appropriate portion of any sum retained by such Lender in respect of such amount).

Pro Rata Sharing. If at any time any Lender receives any amount from the Borrower or otherwise in respect of sums due from the Borrower under this Agreement hereunder (other than through the Agent pursuant to Clause 10.2 or from an Assignee, Transferee or participant) whether by way of voluntary or involuntary payment, set-off or otherwise, it will promptly pay to the Agent the amount so received for distribution to the other Lenders pro rata in accordance with their respective Participations in such amount. Such Lender The Agent shall treat such amount as if it were a payment by the Borrower directly to all Lenders the Agent on account of sums due from the Borrower hereunder so that, as between the Borrower and the Lender which who originally received the amount, the amount shall not be treated as not having been paid and such Lender shall retain all its rights against the Borrower or otherwise in with respect of to such amount (except to the extent of any sum retained received by it as its pro rata sharefrom such distribution by the Agent). Notwithstanding the foregoing provisions of this paragraphClause: (Ai) a no Lender shall not be required to share any amount which it has received as a result of any legal proceedings commenced in order against the Borrower to recover sums owing to it under this Agreement with any other Lender which has a legal right to but does not join in such legal proceedings after having been given reasonable opportunity so to do and which does not commence and diligently pursue a separate legal proceedings for that purposeaction to enforce its rights against the Borrower; and (Bii) if any Lender is required to repay to the Borrower any part of an amount originally received by it from the Borrower and shared pursuant to this Clause, the other Lenders shall make funds available on a pro rata basis to reimburse such Lender for the amount required to be repaid (less the appropriate portion of any sum retained by such Lender in respect of such amount).this

Pro Rata Sharing. If at any time any Lender receives any amount from Borrower or otherwise in respect of sums due from the Borrower under this Agreement hereunder (other than through Agent pursuant to Section 7.2 or from an assignee, transferee or participant) whether by way of voluntary or involuntary payment, set-off off, counterclaim, banker’s lien, litigation or otherwise, it will promptly pay to Agent the amount so received for distribution to the other Lenders pro rata in accordance with their respective Participations in such amount. Such Lender Agent shall treat such amount as if it were a payment by the Borrower directly to all Lenders Agent on account of sums due from the Borrower hereunder so that, as between the Borrower and the Lender which who originally received the amount, the amount shall not be treated as not having been paid and such Lender shall retain all its rights against the Borrower or otherwise in with respect of to such amount (except to the extent of any sum retained received by it as its pro rata sharefrom such distribution by Agent). Notwithstanding the foregoing provisions of this paragraph: Section (Ai) a no Lender shall not be required to share any amount which it has received as a result of any legal proceedings commenced in order against Borrower to recover sums owing to it under this Agreement with any other Lender which has a legal right to but does not join in such legal proceedings after having been given reasonable opportunity so to do and which does not commence and diligently pursue a separate legal proceedings for that purpose; and action to enforce its rights against Borrower and (Bii) if any Lender is required to repay to the Borrower any part of an amount originally received by it from Borrower and shared pursuant to this ClauseSection, the other Lenders shall make funds available on a pro rata basis to enable Agent to reimburse such Lender for the amount required to be repaid (less the appropriate portion of any sum retained by which such Lender has received by way of distribution from Agent in respect of such amount).