Common use of Pro Rata Treatment of Lenders Clause in Contracts

Pro Rata Treatment of Lenders. Each borrowing of Revolving Credit 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 Fees, Letter of Credit Fees, or other fees (except for the Administrative Agent’s Fee and the Issuing Lender’s fronting fee) or amounts due from the Borrower hereunder to the Lenders with respect to the Commitments and Loans, shall (except as otherwise may be provided with respect to a Defaulting Lender and 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 [LIBOR Rate Unascertainable; Etc.], 5.6.2 [Replacement of a Lender] or 5.8 [Increased Costs]) be payable ratably among the Lenders entitled to such payment in accordance with the amount of principal, interest, Commitment Fees, Letter of Credit Fees, and other fees or amounts then due or payable such Lenders as set forth in this Agreement. 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 according to Section 2.6.5 [Borrowings to Repay Swing Loans].

Appears in 1 contract

Samples: Credit Agreement (Advanced Drainage Systems, Inc.)

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Pro Rata Treatment of Lenders. Each borrowing of Revolving Credit 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 Facility Fees, Letter of Credit Fees, or other fees (except for but excluding the Administrative Agent’s Fee and the Issuing Lender’s fronting fee) or amounts due from the Borrower Borrowers hereunder to the Lenders with respect to the Commitments and Loans, shall (except as otherwise may be provided with respect to 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 [LIBOR Euro-Rate Unascertainable; Etc.], 5.6.2 [Replacement of a Lender] or 5.8 [Increased Costs]) be payable ratably among the Lenders entitled to such payment in accordance with the amount of principal, interest, Commitment Facility Fees, Letter of Credit Fees, and other fees or amounts then due or payable such Lenders as set forth in this Agreement. Notwithstanding any of the foregoing, each borrowing or payment or prepayment by the Borrower Borrowers of principal, interest interest, fees or other amounts from the Borrower Borrowers solely with respect to Swing Loans shall be made by or to PNC according to Section 2.6.5 2.5.5 [Borrowings to Repay Swing Loans].

Appears in 1 contract

Samples: Credit Agreement (RPM International Inc/De/)

Pro Rata Treatment of Lenders. Each borrowing of Revolving Credit 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 Facility Fees, Letter of Credit Fees, or other fees (except for but excluding the Administrative Agent’s Fee and the Issuing Lender’s fronting fee) or amounts due from the Borrower Borrowers hereunder to the Lenders with respect to the Commitments and Loans, shall (except as otherwise may be provided with respect to a Defaulting Lender and 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 [LIBOR Euro-Rate Unascertainable; Etc.], 5.6.2 [Replacement of a Lender] or 5.8 [Increased Costs]) be payable ratably among the Lenders entitled to such payment in accordance with the amount of principal, interest, Commitment Facility Fees, Letter of Credit Fees, and other fees or amounts then due or payable such Lenders as set forth in this Agreement. Notwithstanding any of the foregoing, each borrowing or payment or prepayment by the Borrower Borrowers of principal, interest interest, fees or other amounts from the Borrower Borrowers solely with respect to Swing Loans shall be made by or to PNC according to Section 2.6.5 2.5.5 [Borrowings to Repay Swing Loans].

Appears in 1 contract

Samples: Credit Agreement (RPM International Inc/De/)

Pro Rata Treatment of Lenders. Each borrowing of Revolving Credit The Term Loans shall be allocated to each Lender according to its Ratable Share, and each as such Ratable Share relates specifically to the Commitments of all Lenders having Commitments. Each selection of, conversion to or renewal of any Interest Rate Option applicable to Term Loans and each payment or prepayment by the Borrower with respect to principal, interest, Commitment Fees, Letter of Credit Fees, principal or interest on the Term Loans or other fees related thereto (except for the Administrative Agent’s Fee and the Issuing Lender’s fronting fee's Fee) or amounts due from the Borrower hereunder to the Lenders with respect to the Commitments and Term Loans, shall (except as otherwise may be provided with respect to a Defaulting Lender and except as provided in Section 4.4.3 3.4.3 [Administrative Agent’s 's and Lender’s 's Rights] in the case of an event specified in Section 4.4 Sections 3.4 [LIBOR Euro-Rate Unascertainable; Etc, etc.], 5.6.2 4.4.2 [Replacement of a Lender] or 5.8 4.6 [Increased CostsAdditional Compensation in Certain Circumstances]) be payable ratably among made in proportion to the Lenders entitled Ratable Share of Term Loans outstanding from each Lender (and shall, with respect to the accrual of interest on Term Loans made pursuant to Section 2.1.2 [Increase in Commitments], take into account the duration of such payment in accordance with the amount of principal, interest, Commitment Fees, Letter of Credit Fees, and other fees or amounts then Term Loans outstanding). Amounts due or payable such Lenders as set forth in this Agreement. 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 hereunder which are not otherwise related to Swing the Term Loans shall be made by or in proportion to PNC according each Lender's Ratable Share with respect to Section 2.6.5 [Borrowings to Repay Swing Loans]the Term Loans outstanding.

Appears in 1 contract

Samples: Credit Agreement (Mountain Coal Co LLC)

Pro Rata Treatment of Lenders. Each borrowing of Revolving Credit 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 any Borrower with respect to principal, interest, Commitment Fees, Letter of Credit Fees, or other fees (except for the Administrative Agent’s Fee and the Issuing Lender’s fronting fee) or amounts due from the any Borrower hereunder to the Lenders with respect to the Commitments and Loans, shall (except as otherwise may be provided with respect to a Defaulting Lender and except as provided in Section 4.4.3 [Administrative Agent’s and Lender’s Rights] 3.4.3 in the case of an event specified in Section 4.4 [LIBOR Rate Unascertainable; Etc.]3.4, 5.6.2 [Replacement of a Lender] 4.6.2 or 5.8 [Increased Costs]4.7) be payable ratably among the Lenders entitled to such payment in accordance with the amount of principal, interest, Commitment Fees, Letter of Credit Fees, and other fees or amounts then due or payable such Lenders as set forth in this Agreement. Notwithstanding any of the foregoing, each borrowing or payment or prepayment by the any Borrower of principal, interest interest, fees or other amounts from the such Borrower with respect to Swing Loans shall be made by or to PNC the Swing Lender according to Section 2.6.5 [Borrowings to Repay Swing Loans]2.5.5.

Appears in 1 contract

Samples: Credit Agreement (Cincinnati Financial Corp)

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Pro Rata Treatment of Lenders. Each borrowing of Revolving Credit 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 Fees, Facility Fees, Letter of Credit Fees, or other fees (except for the Administrative Agent’s Fee and the Issuing Lender’s fronting fee) or amounts due from the Borrower hereunder to the Lenders with respect to the Commitments and Loans, shall (except as otherwise may be provided with respect to a Defaulting Lender and except as provided in Section 4.4.3 [Administrative Agent’s and Lender’s Rights] 3.4.3 in the case of an event specified in Section 4.4 [LIBOR Rate Unascertainable; Etc.]3.4.2, 5.6.2 [Replacement of a Lender] 4.7 or 5.8 [Increased Costs]4.8) be payable ratably among the Lenders entitled to such payment in accordance with the amount of principal, interest, Commitment Fees, Letter of Credit Fees, and other fees or amounts then due or payable such Lenders as set forth in this Agreement. Notwithstanding any of the foregoing, each borrowing or payment or prepayment by the Borrower of principal, interest interest, fees or other amounts from the Borrower with respect to Swing Loans shall be made by or to PNC according to Section 2.6.5 [Borrowings to Repay Swing Loans]2.5.5.

Appears in 1 contract

Samples: Credit Agreement (M & F Worldwide Corp)

Pro Rata Treatment of Lenders. Each borrowing of Revolving Credit 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 or any other Loan Party with respect to principal, interest, Commitment Fees, Letter of Credit Fees, Fees or other fees (except for the Administrative Agent’s Fee and the Issuing Lender’s fronting feeFee) or amounts due from the Borrower or any other Loan Party hereunder to the Lenders with respect to the Commitments and the Loans, shall (except as otherwise may be provided with respect to a Defaulting Lender and 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 [LIBOR Euro-Rate Unascertainable; Etc.], 5.6.2 4.4.2 [Replacement of a Lender] or 5.8 4.6 [Increased CostsAdditional Compensation in Certain Circumstances]) be payable ratably among made in proportion to the Lenders applicable Loans outstanding from each Lender entitled to such payment and, if no such Loans are then outstanding, in accordance with proportion to the amount Ratable Share of principal, interest, Commitment Fees, Letter of Credit Fees, and other fees or amounts then due or payable each Lender entitled to such Lenders as set forth in this Agreementpayment. Notwithstanding any of the foregoing, each borrowing or payment or prepayment by the Borrower of principal, interest interest, fees or other amounts from the Borrower with respect to Swing Loans shall be made by or to PNC Bank according to Section 2.6.5 [Borrowings to Repay Swing Loans]2.

Appears in 1 contract

Samples: Credit Agreement (Penn Virginia Resource Partners L P)

Pro Rata Treatment of Lenders. Each borrowing of Revolving Credit 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 Facility Fees, Letter of Credit Fees, or other fees (except for the Administrative Agent’s Fee and the Issuing Lender’s fronting fee) or amounts due from the Borrower Borrowers hereunder to the Lenders with respect to the Commitments and Loans, shall (except as otherwise may be provided with respect to a Defaulting Lender and 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 [LIBOR Euro-Rate Unascertainable; Etc.], 5.6.2 [Replacement of a Lender] or 5.8 [Increased Costs]) be payable ratably among the Lenders entitled to such payment in accordance with the amount of principal, interest, Commitment Facility Fees, Letter of Credit Fees, and other fees or amounts then due or payable such Lenders as set forth in this Agreement. Notwithstanding any of the foregoing, each borrowing or payment or prepayment by the Borrower Borrowers of principal, interest interest, fees or other amounts from the Borrower Borrowers solely with respect to Swing Loans shall be made by or to PNC according to Section 2.6.5 2.5.5 [Borrowings to Repay Swing Loans].

Appears in 1 contract

Samples: Credit Agreement (RPM International Inc/De/)

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