Common use of Pro Rata Treatment of Lenders Clause in Contracts

Pro Rata Treatment of Lenders. Each Revolving Credit Loan borrowing under Section 2 shall be allocated to each Lender 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 Borrower with respect to principal, interest, Commitment Fees related to the Revolving Credit Commitments, Letter of Credit Fees, or other fees (except for payments for fees of the Administrative Agent) or amounts due from the Borrower hereunder to the Lenders with respect to the Revolving Credit Loans, shall (except as provided in Section 4.4.3 [Administrative Agent’s and Lender’s Rights] in the case of an event specified in Section 4.4 [Euro-Rate Unascertainable; Etc.], 5.4.2 [Replacement of a Lender] or 5.6 [Additional Compensation in Certain Circumstances]) be made in proportion to the applicable Revolving Credit Loans outstanding from each Lender and, if no such Loans are then outstanding, in proportion to the Ratable Share of each Lender. Notwithstanding any of the foregoing, each borrowing or payment or prepayment by the Borrower of principal, interest, fees or other amounts with respect to Swing Loans shall be made by or to PNC Bank according to Section 2.

Appears in 3 contracts

Samples: Credit Agreement (Koppers Holdings Inc.), Credit Agreement (Koppers Holdings Inc.), Credit Agreement (Koppers Inc)

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Pro Rata Treatment of Lenders. Each borrowing of Revolving Credit Loan borrowing under Section 2 Loans and Term Loans shall be allocated to each Lender according to its Ratable Share, and each selection of, conversion to of or renewal of any Interest Rate Option and each payment or prepayment by the Borrower with respect to principal, interest, Commitment Fees related to the Revolving Credit CommitmentsFees, Letter of Credit Fees, or other fees (except as otherwise may be provided with respect to a Defaulting Lender and except for payments for fees of the Administrative Agent’s Fee) or amounts due from the Borrower hereunder to the Lenders with respect to the Revolving Credit Loans, shall (except as provided in Section 4.4.3 3.4.3 [Administrative Agent’s and Lender’s Rights] in the case of an event specified in Section 4.4 3.4 [Euro-LIBOR Rate Unascertainable; Etc.], 5.4.2 ] or 4.6.2 [Replacement of a Lender] or 5.6 4.10 [Additional Compensation in Certain CircumstancesIncreased Costs]) be made in proportion to the applicable Revolving Credit Loans outstanding from each Lender and, if no such Loans are then outstanding, in proportion to the Ratable Share of each Lender. Notwithstanding any of the foregoing, each borrowing or payment or prepayment by the Borrower of principal, interest, fees or other amounts from the Borrower with respect to Swing Loans shall be made by or to PNC Bank according to Section 22.6.5.

Appears in 2 contracts

Samples: Joinder and Assumption Agreement (Under Armour, Inc.), Credit Agreement (Under Armour, Inc.)

Pro Rata Treatment of Lenders. Each borrowing of Revolving Credit Loan borrowing under Section 2 Loans shall be allocated to each Lender 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 Borrower Borrowers with respect to principal, interest, Commitment Fees related to principal or interest on the Revolving Credit CommitmentsLoans, Commitment Fees, Letter of Credit Fees, or other fees (except for payments for fees of the Administrative Agent’s Fee) or amounts due from the Borrower Borrowers hereunder to the Lenders with respect to the Revolving Credit Loans, shall (except as provided in Section 4.4.3 3.4.3 [Administrative Agent’s and Lender’s Rights] in the case of an event specified in Section 4.4 3.4 [Euro-LIBOR Rate Unascertainable; Etc.], 5.4.2 4.6.2 [Replacement of a Lender] or 5.6 4.7 [Additional Compensation in Certain CircumstancesIncreased Costs; Indemnity]) be made in proportion to the applicable Revolving Credit Loans outstanding from each Lender and, if no such Loans are then outstanding, in proportion to the Ratable Share of each Lender. Notwithstanding any of the foregoing, each borrowing or payment or prepayment pre-payment by the Borrower 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.Article 2 [Revolving Credit and Swing Loan Facilities]

Appears in 2 contracts

Samples: Credit Agreement (Allegheny Technologies Inc), Credit Agreement (Allegheny Technologies Inc)

Pro Rata Treatment of Lenders. Each Revolving Credit Loan borrowing under Section 2 shall be allocated to each Lender according to its Revolving Credit Ratable Share or Term Loan Ratable Share, as applicable, and each selection of, conversion to or renewal of any Interest Rate Option and each payment or prepayment by the Borrower with respect to principal, interest, Commitment Fees related to the Revolving Credit CommitmentsCommitment Fee, Letter of Credit Fees, or other fees (except for payments for fees of the Administrative Agent) or amounts due from the Borrower hereunder to the Lenders with respect to the Revolving Credit Loans, shall (except as provided in Section 4.4.3 [Administrative Agent’s and Lender’s Rights] in the case of an event specified in Section 4.4 [Euro-Rate Unascertainable; Etc.], 5.4.2 [Replacement of a Lender] or 5.6 5.7 [Additional Compensation in Certain Circumstances]) be made in proportion to the applicable Revolving Credit Loans outstanding from each Lender and, if no such Loans are then outstanding, in proportion to the Revolving Credit Ratable Share or Term Loan Ratable Share, as applicable, of each Lender. Notwithstanding any of the foregoing, each borrowing or payment or prepayment by the Borrower of principal, interest, fees or other amounts from the Borrower with respect to Swing Loans shall be made by or to PNC Bank according to in accordance with Section 2.

Appears in 1 contract

Samples: Credit Agreement (Blair Corp)

Pro Rata Treatment of Lenders. Each borrowing of Revolving Credit Loan borrowing under Section 2 Loans and Term Loans shall be allocated to each Lender according to its Ratable Share, and each selection of, conversion to or renewal of any Interest Rate Option with respect to each Revolving Credit Loan, and each renewal of an Interest Period with respect to the Term Loans, and each payment or prepayment by the Borrower Borrowers with respect to principal, interest, Commitment Fees related to the Revolving Credit CommitmentsFees, Term Loan Commitment Fees, Letter of Credit Fees, or other fees (except for payments for fees of the Administrative Agent's Fee and the Issuing Lender's fronting fee for Letters of Credit referred to in Section 2.9.2) or amounts due from the Borrower Borrowers hereunder to the Lenders with respect to the Revolving Credit Loans, shall (except as provided in Section 4.4.3 [Administrative Agent’s and Lender’s Rights] 3.4.4 in the case of an event specified in Section 4.4 [Euro-Rate Unascertainable; Etc.]Sections 3.4, 5.4.2 [Replacement of a Lender] 4.4.2 or 5.6 [Additional Compensation in Certain Circumstances]4.8) be made in proportion to the applicable Revolving Credit Loans outstanding from each Lender and, if no such Loans are then outstanding, in proportion to the Ratable Share Share, as applicable of each Lender. Notwithstanding any of the foregoing, each borrowing or payment or prepayment by the Borrower 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 2PNC.

Appears in 1 contract

Samples: Credit Agreement (Glatfelter P H Co)

Pro Rata Treatment of Lenders. Each Revolving Credit Loan borrowing under Section 2 shall be allocated to each Lender 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 Borrower with respect to principal, interest, Commitment Fees related to the Revolving Credit CommitmentsFacility Fees, Letter of Credit Fees, or other fees (except for payments for the Agent’s Fee or fronting or other administrative or similar fees of the Administrative Agentan Issuing Bank) or amounts due from the Borrower hereunder to the Lenders with respect to the Revolving Credit Loans, shall (except as provided in Section 4.4.3 3.04(c) [Administrative Agent’s and Lender’s Rights] in the case of an event specified in Section 4.4 3.04 [Euro-Rate LIBOR Unascertainable; Etc.], 5.4.2 Section 4.04(b) [Replacement of a Lender] or 5.6 Section 4.06 [Additional Compensation in Certain Circumstances]) be made in proportion to the applicable Revolving Credit Loans outstanding from each applicable Lender and, if no such Loans are then outstanding, in proportion to the Ratable Share of each Lender. Notwithstanding any of the foregoing, each borrowing or payment or prepayment by the Borrower of principal, interest, fees or other amounts from the Borrower with respect to Swing Loans shall be made by or to PNC Swing Loan Bank according to Section 2Article II.

Appears in 1 contract

Samples: Credit Agreement (Tween Brands, Inc.)

Pro Rata Treatment of Lenders. Each borrowing of Revolving Credit Loan borrowing under Section 2 Loans shall be allocated to each Lender according to its Ratable Share, and each . Each selection of, conversion to or renewal of any Interest Rate Option applicable to Revolving Credit Loans and each payment payment, prepayment or prepayment reduction by the Borrower with respect to principal, interest, Commitment Fees related to principal or interest on the Revolving Credit CommitmentsLoans or Commitment Fees, Letter of Credit Fees, or other fees (except for payments for fees of the Administrative Agent's Fee) or amounts due from the Borrower hereunder to the Lenders with respect to the Revolving Credit Loans, Loans shall (except as provided in Section 4.4.3 [Administrative Paying Agent’s 's and Lender’s 's Rights] in the case of an event specified in Section 4.4 [Euro-Rate Unascertainable; Etc.], 5.4.2 [Replacement of a Lender] or 5.6 5.5 [Additional Compensation in Certain Circumstances]) be made in proportion to the applicable Revolving Credit Loans outstanding from each Lender and, if no such Loans are then outstanding, in proportion to the Ratable Share of each Lender. Notwithstanding any of the foregoing, each borrowing or payment or prepayment by the Borrower of principal, interest, fees or other amounts from the Borrower with respect to Swing Loans shall be made by or to the Paying Agent on behalf of PNC Bank according to Section 22 [Revolving Credit and Swing Loan Facilities].

Appears in 1 contract

Samples: Credit Agreement (Consol Energy Inc)

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Pro Rata Treatment of Lenders. Each borrowing of Revolving Credit Loan borrowing under Section 2 Loans shall be allocated to each Lender according to its Ratable Share, and each . Each selection of, conversion to or renewal of any Interest Rate Option applicable to Revolving Credit Loans and each payment payment, prepayment or prepayment reduction by the Borrower with respect to principal, interest, Commitment Fees related to principal or interest on the Revolving Credit CommitmentsLoans or Commitment Fees, Letter of Credit Fees, or other fees (except for payments for fees of the Administrative Agent’s Fee) or amounts due from the Borrower hereunder to the Lenders with respect to the Revolving Credit Loans, Loans shall (except as provided in Section 4.4.3 [Administrative Paying Agent’s and Lender’s Rights] in the case of an event specified in Section 4.4 [Euro-Rate Unascertainable; Etc.], 5.4.2 [Replacement of a Lender] or 5.6 5.5 [Additional Compensation in Certain Circumstances]) be made in proportion to the applicable Revolving Credit Loans outstanding from each Lender and, if no such Loans are then outstanding, in proportion to the Ratable Share of each Lender. Notwithstanding any of the foregoing, each borrowing or payment or prepayment by the Borrower of principal, interest, fees or other amounts from the Borrower with respect to Swing Loans shall be made by or to the Paying Agent on behalf of PNC Bank according to Section 22 [Revolving Credit and Swing Loan Facilities].

Appears in 1 contract

Samples: Security Agreement (Consol Energy Inc)

Pro Rata Treatment of Lenders. Each Revolving Credit Loan borrowing under Section 2 shall be allocated to each Lender according to its Ratable Share, and each . Each selection of, conversion to or renewal of any Interest Rate Option applicable to Revolving Credit Loans and each payment payment, prepayment or prepayment reduction by the Borrower with respect to principal, interest, Commitment Fees related to principal or interest on the Revolving Credit CommitmentsLoans or Commitment Fees, Letter of Credit Fees, or other fees (except for payments for fees of the Administrative Agent’s Fee) or amounts due from the Borrower hereunder to the Lenders with respect to the Revolving Credit Loans, Loans shall (except as provided in Section 4.4.3 [Administrative Paying Agent’s and Lender’s Rights] in the case of an event specified in Section 4.4 [Euro-Rate Unascertainable; Etc.], 5.4.2 [Replacement of a Lender] or 5.6 5.5 [Additional Compensation in Certain Circumstances]) be made in proportion to the applicable Revolving Credit Loans outstanding from each Lender and, if no such Loans are then outstanding, in proportion to the Ratable Share of each Lender. Notwithstanding any of the foregoing, each borrowing or payment or prepayment by the Borrower of principal, interest, fees or other amounts from the Borrower with respect to Swing Loans shall be made by or to the Paying Agent on behalf of PNC Bank according to Section 22 [Revolving Credit and Swing Loan Facilities].

Appears in 1 contract

Samples: Credit Agreement (Consol Energy Inc)

Pro Rata Treatment of Lenders. Each borrowing of Revolving Credit Loan borrowing under Section 2 Loans shall be allocated to each Lender 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 Borrower with respect to principal, interest, Commitment Unused Line Fees related to the Revolving Credit Commitments, and Letter of Credit FeesFees (but excluding the Arrangement Fee, or other fees the Agency Fee, the Upfront Fee and the Issuing Lender’s fronting fee) shall (except for payments for fees of the Administrative Agent) or amounts due from the Borrower hereunder to the Lenders as otherwise may be provided with respect to the Revolving Credit Loans, shall (a Defaulting Lender and except as provided in Section 4.4.3 4.4.4 [Administrative Agent’s and Lender’s Rights] in the case of an event specified in Section 4.4 [Euro-LIBOR Rate Unascertainable; Etc.], 5.4.2 5.6.2 [Replacement of a Lender] or 5.6 5.8 [Additional Compensation in Certain CircumstancesIncreased Costs]) be made payable ratably among the Lenders entitled to such payment in proportion to accordance with the applicable Revolving amount of principal, interest, Unused Line Fees and Letter of Credit Loans outstanding from each Lender andFees, if no such Loans are then outstanding, as set forth in proportion to the Ratable Share of each Lenderthis Agreement. Notwithstanding any of the foregoing, each borrowing or payment or prepayment by the Borrower Borrowers of principal, interest, fees or other amounts from the Borrowers with respect to Swing Loans shall be made by or to PNC Bank FNB according to Section 2.2.6.5 [Borrowings to Repay Swing Loans]. {N0289348 2 } 56

Appears in 1 contract

Samples: Credit Agreement (DLH Holdings Corp.)

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