Common use of Pro Rata Treatment of Banks Clause in Contracts

Pro Rata Treatment of Banks. Subject to Section 2.14, each borrowing shall be allocated to each Bank according to its Ratable Share, and each selection of, conversion to or renewal of any Interest Rate Option and each payment or prepayment by the Borrowers with respect to principal, interest, Commitment Fees, Letter of Credit Fees, or other fees (except for the Administrative Agent’s Fee and the Issuing Banks’ fronting fee) or amounts due from the Borrowers hereunder to the Banks with respect to the Loans, shall (except as provided in Section 4.5.2 [Illegality; Increased Costs; Deposits not Available] in the case of an event specified in Section 4.5 [Euro-Rate Unascertainable], 5.4.2 [Replacement of a Bank] or 5.5 [Additional Compensation in Certain Circumstances]) be made in proportion to the applicable Loans outstanding from each Bank and, if no such Loans are then outstanding, in proportion to the Ratable Share of each Bank. Subject to Section 2.14, notwithstanding any of the foregoing, each borrowing or payment, repayment or prepayment by the Borrowers of principal, interest, fees or other amounts from the Borrowers with respect to Swing Loans shall be made by or to PNC Bank according to Section 2.9.

Appears in 6 contracts

Samples: Credit Agreement (Triumph Group Inc), Credit Agreement (Triumph Group Inc), Credit Agreement (Triumph Group Inc)

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Pro Rata Treatment of Banks. Subject to Section 2.14, each borrowing shall be allocated to each Bank according to its Ratable Share, and each selection of, conversion to or renewal of any Interest Rate Option and each payment or prepayment by the Borrowers with respect to principal, interest, Commitment Fees, Letter of Credit Fees, or other fees (except for the Administrative Agent’s 's Fee and the Issuing Banks' fronting fee) or amounts due from the Borrowers hereunder to the Banks with respect to the Loans, shall (except as provided in Section 4.5.2 [Illegality; Increased Costs; Deposits not Available] in the case of an event specified in Section 4.5 [Euro-Rate Unascertainable], 5.4.2 [Replacement of a Bank] or 5.5 [Additional Compensation in Certain Circumstances]) be made in proportion to the applicable Loans outstanding from each Bank and, if no such Loans are then outstanding, in proportion to the Ratable Share of each Bank. Subject to Section 2.14, notwithstanding any of the foregoing, each borrowing or payment, repayment or prepayment by the Borrowers of principal, interest, fees or other amounts from the Borrowers with respect to Swing Loans shall be made by or to PNC Bank according to Section 2.9.

Appears in 3 contracts

Samples: Credit Agreement (Triumph Group Inc), Credit Agreement (Triumph Group Inc), Credit Agreement (Triumph Group Inc)

Pro Rata Treatment of Banks. Subject to Section 2.14, each borrowing shall be allocated to each Bank according to its Ratable Share, and each selection of, conversion to or renewal of any Interest Rate Option and each payment or prepayment by the Borrowers with respect to principal, interest, Commitment Fees, Letter of Credit Fees, or other fees (except for the Administrative Agent’s Fee and the Issuing Banks’ fronting fee) or amounts due from the Borrowers hereunder to the Banks with respect to the Loans, shall (except as provided in Section 4.5.2 3.4.2 [Illegality; Increased Costs; Deposits not Available] in the case of an event specified in Section 4.5 3.4.1 [Euro-Rate Unascertainable], 5.4.2 4.4 [Replacement of a BankVoluntary Prepayments and Commitment Reductions] or 5.5 4.5 [Additional Compensation in Certain Circumstances]) be made in proportion to the applicable Loans outstanding from each Bank and, if no such Loans are then outstanding, in proportion to the Ratable Share of each Bank. Subject to Section 2.14, notwithstanding any of the foregoing, each borrowing or payment, repayment or prepayment by the Borrowers of principal, interest, fees or other amounts from the Borrowers with respect to Swing Loans shall be made by or to PNC Bank according to Section 2.9.

Appears in 2 contracts

Samples: Credit Agreement (Triumph Group Inc), Credit Agreement (Triumph Group Inc)

Pro Rata Treatment of Banks. Subject to Section 2.14, each Each borrowing of Revolving Credit Loans shall be allocated to each Bank according to its Ratable Share, and each selection of, conversion to or renewal of any Interest Rate Option applicable to Revolving Credit Loans, each Commitment reduction and each payment or prepayment by the Borrowers Borrower with respect to principal, interestprincipal or interest on the Revolving Credit Loans, Commitment Fees, Letter of Credit Fees, or other fees (except for the Administrative Agent’s Fee and the Issuing Banks’ fronting fee's Fee) or amounts due from the Borrowers Borrower hereunder to the Banks with respect to the Revolving Credit Loans, shall (except as provided in Section 4.5.2 3.4.3 [Illegality; Increased Costs; Deposits not AvailableAdministrative Agent's and Bank's Rights] in the case of an event specified in Section 4.5 3.4 [Euro-Interest Rate Unascertainable; Etc.], 5.4.2 4.4.2 [Replacement of a Bank] or 5.5 4.5 [Additional Compensation in Certain Circumstances]) be made in proportion to the applicable Revolving Credit Loans outstanding from each Bank and, if no such Loans are then outstanding, in proportion to the Ratable Share of each Bank. Subject to Section 2.14, notwithstanding Notwithstanding any of the foregoing, each borrowing or payment, repayment payment or prepayment by the Borrowers Borrower of principal, interest, fees or other amounts from the Borrowers Borrower with respect to Swing Loans shall be made by or to PNC Bank according to Section 2.92.

Appears in 2 contracts

Samples: Credit Agreement (Bearingpoint Inc), Credit Agreement (KPMG Consulting Inc)

Pro Rata Treatment of Banks. Subject to Section 2.14, each Each borrowing of Revolving Credit Loans shall be allocated to each Bank according to its Ratable Share, Share and each selection of, conversion to or renewal of any Interest Rate Option applicable to Revolving Credit Loans and each payment or prepayment by the Borrowers Borrower with respect to principal, interest, Commitment principal or interest on the Revolving Credit Loans or Facility Fees, Letter of Credit Fees, or other fees (except for the Administrative Agent’s Fee and the Issuing Banks’ fronting fee's Fee) or amounts due from the Borrowers Borrower hereunder to the Banks with respect to the Loans, Revolving Credit Loans shall (except as provided in Section 4.5.2 4.4.3 [Illegality; Increased Costs; Deposits not AvailableAgent's and Bank's Rights] in the case of an event specified in Section 4.5 4.4 [Euro-Rate Unascertainable; Etc.], 5.4.2 [Replacement of a Bank] or 5.5 5.6 [Additional Compensation in Certain Circumstances]) be made in proportion to the applicable Revolving Credit Loans outstanding from each Bank and, if no such Loans are then outstanding, in proportion to the Ratable Share of each BankShare. Subject to Section 2.14, notwithstanding Notwithstanding any of the foregoing, each borrowing or payment, repayment payment or prepayment by the Borrowers Borrower of principal, interest, fees or other amounts from the Borrowers Borrower with respect to Swing Loans shall be made by or to PNC Bank according to Section 2.92.

Appears in 1 contract

Samples: Credit Agreement (New Jersey Resources Corp)

Pro Rata Treatment of Banks. Subject to Section 2.14, each Each borrowing of Revolving Credit Loans shall be allocated to each Bank according to its Ratable Share, Share and each selection of, conversion to or renewal of any Interest Rate Option applicable to Revolving Credit Loans and each payment or prepayment by the Borrowers Borrower with respect to principal, interest, Commitment principal or interest on the Revolving Credit Loans or Facility Fees, Letter of Credit Fees, or other fees (except for the Administrative Agent’s Fee and the Issuing Banks’ fronting fee's Fee) or amounts due from the Borrowers Borrower hereunder to the Banks with respect to the Loans, Revolving Credit Loans shall (except as provided in Section 4.5.2 4.4.3 [Illegality; Increased Costs; Deposits not AvailableAgent's and Banks' Rights] in the case of an event specified in Section 4.5 4.4 [Euro-LIBOR Rate Unascertainable; Etc.], Section 5.4.2 [Replacement of a Bank] or 5.5 Section 5.6 [Additional Compensation in Certain Circumstances]) be made in proportion to the applicable Revolving Credit Loans outstanding from each Bank and, if no such Loans are then outstanding, in proportion to the Ratable Share in the case of each Bank. Subject to Section 2.14, notwithstanding Notwithstanding any of the foregoing, each borrowing or payment, repayment payment or prepayment by the Borrowers Borrower of principal, interest, fees or other amounts from the Borrowers Borrower with respect to Swing Loans shall be made by or to PNC Bank according to Section 2.92.

Appears in 1 contract

Samples: Credit Agreement (New Jersey Resources Corp)

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Pro Rata Treatment of Banks. Subject to Section 2.14, each borrowing shall be allocated to each Bank according to its Ratable Share, and each selection of, conversion to or renewal of any Interest Rate Option and each payment or prepayment by the Borrowers with respect to principal, interest, Commitment Fees, Letter of Credit Fees, or other fees (except for the Administrative Agent’s 's Fee and the Issuing Banks' fronting fee) or amounts due from the Borrowers hereunder to the Banks with respect to the Loans, shall (except as provided in Section 4.5.2 3.4.2 [Illegality; Increased Costs; Deposits not Available] in the case of an event specified in Section 4.5 3.4 [Euro-Rate Unascertainable], 5.4.2 4.4.2 [Replacement of a Bank] or 5.5 4.5 [Additional Compensation in Certain Circumstances]) be made in proportion to the applicable Loans outstanding from each Bank and, if no such Loans are then outstanding, in proportion to the Ratable Share of each Bank. Subject to Section 2.14, notwithstanding any of the foregoing, each borrowing or payment, repayment or prepayment by the Borrowers of principal, interest, fees or other amounts from the Borrowers with respect to Swing Loans shall be made by or to PNC Bank according to Section 2.9.

Appears in 1 contract

Samples: Credit Agreement (Triumph Group Inc)

Pro Rata Treatment of Banks. Subject to Section 2.14, each Each borrowing of Revolving Credit Loans shall be allocated to each Bank according to its Ratable Share, and each selection of, conversion to or renewal of any Interest Rate Option and each payment or prepayment by the Borrowers Borrower with respect to principal, interestprincipal or interest on the Revolving Credit Loans, Commitment Fees, Letter of Credit Fees, or other fees (except for the Administrative Agent’s Fee and the Issuing Banks’ fronting feeFee) or amounts due from the Borrowers Borrower hereunder to the Banks with respect to the Revolving Credit Loans, shall (except as provided in Section 4.5.2 3.4.3 [Illegality; Increased Costs; Deposits not AvailableAdministrative Agent’s and Bank’s Rights] in the case of an event specified in Section 4.5 3.4 [Euro-Rate Unascertainable; Etc.], 5.4.2 Section 4.4.2 [Replacement of a Bank] or 5.5 Section 4.6 [Additional Compensation in Certain Circumstances]) be made in proportion to the applicable Revolving Credit Loans outstanding from each Bank and, if no such Loans are then outstanding, in proportion to the Ratable Share of each Bank. Subject to Section 2.14, notwithstanding Notwithstanding any of the foregoing, each borrowing or payment, repayment payment or prepayment pre-payment by the Borrowers Borrower of principal, interest, fees or other amounts from the Borrowers Borrower with respect to Swing Loans shall be made by or to PNC Bank according to Section 2.92 [Revolving Credit and Swing Loan Facilities].

Appears in 1 contract

Samples: Credit Agreement (Papa Johns International Inc)

Pro Rata Treatment of Banks. Subject to Section 2.14, each borrowing shall be allocated to each Bank according to its Ratable Share, and each selection of, conversion to or renewal of any Interest Rate Option and each payment or prepayment by the Borrowers with respect to principal, interest, Commitment Fees, Letter of Credit Fees, or other fees (except for the Administrative Agent’s Fee and the Issuing Banks’ fronting fee) or amounts due from the Borrowers hereunder to the Banks with respect to the Loans, shall (except as provided in Section 4.5.2 3.4.2 [Illegality; Increased Costs; Deposits not Available] in the case of an event specified in Section 4.5 3.4 [Euro-Rate Unascertainable], 5.4.2 4.4.2 [Replacement of a Bank] or 5.5 4.5 [Additional Compensation in Certain Circumstances]) be made in proportion to the applicable Loans outstanding from each Bank and, if no such Loans are then outstanding, in proportion to the Ratable Share of each Bank. Subject to Section 2.14, notwithstanding any of the foregoing, each borrowing or payment, repayment or prepayment by the Borrowers of principal, interest, fees or other amounts from the Borrowers with respect to Swing Loans shall be made by or to PNC Bank according to Section 2.9.

Appears in 1 contract

Samples: Credit Agreement (Triumph Group Inc)

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