Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement with respect to the Revolving Facility Loans or the Revolving Facility Commitment assigned, except that this clause (ii) shall not (A) apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities and any facilities provided pursuant the second paragraph of Section 10.01 on a non-pro rata basis.
Appears in 8 contracts
Sources: Abl Credit Agreement (Steinway Musical Instruments Holdings, Inc.), Abl Credit Agreement (Steinway Musical Instruments Holdings, Inc.), Abl Credit Agreement (Steinway Musical Instruments Holdings, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement with respect to the Revolving Facility Loans or the Revolving Facility Commitment assigned, except that this clause (ii) shall not (A) apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities the revolving credit facility provided hereunder and any separate revolving credit facilities provided pursuant to the second last paragraph of Section 10.01 on a non-pro rata basis.;
Appears in 6 contracts
Sources: Credit Agreement (Smithfield Foods Inc), Amendment No. 2 to Credit Agreement (Smithfield Foods Inc), Credit Agreement (Smithfield Foods Inc)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender▇▇▇▇▇▇’s Loans and Commitments, and rights and obligations under this Agreement with respect to the Revolving Facility Loans or the Revolving Facility Commitment thereto assigned, except that this clause (ii) shall not (A) apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities the revolving credit facility provided hereunder and any separate revolving credit or term loan facilities provided pursuant to the second last paragraph of Section 10.01 11.01 on a non-pro rata basis.
Appears in 5 contracts
Sources: Credit Agreement (Tutor Perini Corp), Credit Agreement (Tutor Perini Corp), Credit Agreement (Tutor Perini Corp)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement with respect to the Revolving Facility Loans or the Revolving Facility Commitment assigned, except that this clause (ii) shall not (A) apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities the revolving credit facility provided hereunder and any separate revolving credit or term loan facilities provided pursuant the second paragraph of to Section 10.01 13.13(b)(3) on a non-pro pro-rata basis.;
Appears in 4 contracts
Sources: Credit Agreement (Dave & Buster's Entertainment, Inc.), Credit Agreement (Dave & Buster's Entertainment, Inc.), Credit Agreement (Dave & Buster's Entertainment, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement with respect to the Revolving Facility Loans or the Revolving Facility Commitment assigned, except that this clause (ii) shall not (A) apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among under any separate Facilities and any revolving credit or term loan facilities provided pursuant to the second last paragraph of Section 10.01 in each case on a non-pro rata basis.;
Appears in 4 contracts
Sources: Credit Agreement (Babcock & Wilcox Enterprises, Inc.), Credit Agreement (Babcock & Wilcox Enterprises, Inc.), Credit Agreement (Babcock & Wilcox Co)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s Loans and Commitments, and rights and obligations under this Agreement with respect to the Revolving Facility Loans or the Revolving Facility Commitment thereto assigned, except that this clause (ii) shall not (A) apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities the revolving credit facility provided hereunder and any separate revolving credit or term loan facilities provided pursuant to the second last paragraph of Section 10.01 11.01 on a non-pro rata basis.
Appears in 3 contracts
Sources: Credit Agreement (Tutor Perini Corp), Credit Agreement (TUTOR PERINI Corp), Credit Agreement (TUTOR PERINI Corp)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement with respect to the Revolving Facility Loans or the Revolving Facility Commitment assigned, except that this clause (ii) shall not (A) apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities and any facilities provided pursuant the second paragraph of Section 10.01 on a non-pro rata basis.
Appears in 3 contracts
Sources: Abl Credit Agreement (Constellium Holdco B.V.), Abl Credit Agreement (Constellium Holdco B.V.), Abl Credit Agreement (Noranda Aluminum Holding CORP)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement with respect to the Revolving Facility Loans or the Revolving Facility Commitment assigned, except that this clause (ii) shall not (A) apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities the Revolving Credit Facility and any separate revolving credit or term loan facilities provided pursuant to the second last paragraph of Section 10.01 11.01 on a non-pro rata basis.;
Appears in 3 contracts
Sources: Credit Agreement (Alexion Pharmaceuticals Inc), Credit Agreement (Alexion Pharmaceuticals Inc), Credit Agreement (Alexion Pharmaceuticals Inc)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement with respect to the Revolving Facility Loans or the Revolving Facility Commitment assigned, except that this clause (ii) shall not (A) apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among the separate Facilities Classes and any separate revolving credit or term loan facilities provided pursuant to the second penultimate paragraph of Section 10.01 on a non-pro rata basis.;
Appears in 2 contracts
Sources: Credit Agreement (Entravision Communications Corp), Credit Agreement (Entravision Communications Corp)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement with respect to the Revolving Facility Loans or the Revolving Facility Commitment assigned, except that this clause (ii) shall not (A) apply to the Swing Line Lender’s Lenders’ rights and obligations in respect of Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities the revolving credit facility and term loan facility provided hereunder and any separate revolving credit or term loan facilities provided pursuant to the second paragraph terms of Section 10.01 on a non-pro rata basis.2.01(c);
Appears in 1 contract
Sources: Credit Agreement (Spirit AeroSystems Holdings, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement with respect to the Revolving Facility Loans or the Revolving Facility Commitment assigned, except that this clause (ii) shall not (A) apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities the revolving credit facility and term loan facility provided hereunder and any separate revolving credit or term loan facilities provided pursuant to the second paragraph terms of Section 10.01 on a non-pro rata basis.2.01(c);
Appears in 1 contract
Sources: Credit Agreement (Spirit AeroSystems Holdings, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement with respect to the Revolving Facility Loans or the Revolving Facility Commitment assigned, except that this clause (ii) shall not (A) apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities the revolving credit facility provided hereunder and any facilities separate revolving credit provided pursuant to the second last paragraph of Section 10.01 11.01 on a non-pro rata basis.;
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement with respect to the Revolving Facility Loans or the Revolving Facility Commitment assigned, except that this clause (ii) shall not(ii) shall not (A) apply to the any Swing Line Lender’s rights and obligations in respect of Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities and any the term loan facilities provided pursuant to the second last paragraph of Section 10.01 10.01Facilities on a non-pro rata basis.basis as between the Facilities;
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement with respect to the Revolving Facility Loans or the Revolving Facility Commitment assigned, except that this clause (iiSection 10.06(b)(ii) shall not (A) apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate any Facilities and any facilities provided pursuant the second paragraph of Section 10.01 on a non-pro rata basis.;;
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement with respect to the Revolving Facility Loans or the Revolving Facility Commitment assigned, except that this clause subsection (iib) shall not (Ai) apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans or (Bii) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities the revolving credit facility and any term loan facilities provided pursuant the second paragraph of Section 10.01 for hereunder on a non-pro rata basis.
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement with respect to the Revolving Facility Loans or the Revolving Facility Commitment assigned, except that this clause (iiSection 10.06(b)(ii) shall not (A) apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate any Facilities and any facilities provided pursuant the second paragraph of Section 10.01 on a non-pro rata basis.;
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement with respect to the Revolving Facility Loans or the Revolving Facility Commitment assigned, except that this clause (ii) shall not (A) apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities and any facilities provided pursuant to the second paragraph of Section 10.01 on a non-pro rata basis.
Appears in 1 contract
Sources: Post Petition Credit Agreement (Noranda Aluminum Holding CORP)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement with respect to the Revolving Facility Loans or the Revolving Facility Commitment assigned, except that this clause (ii) shall not (A) apply to the Swing Line Lender’s Lenders’ rights and obligations in respect of Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities the revolving credit facility and term loan facility provided hereunder and any separate revolving credit or term loan facilities provided pursuant to the second paragraph terms of Section 10.01 on a non-pro rata basis.2.01(d);
Appears in 1 contract
Sources: Credit Agreement (Spirit AeroSystems Holdings, Inc.)