Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning ▇▇▇▇▇▇’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the Commitment assigned, except that this clause (b)(ii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.
Appears in 15 contracts
Sources: Credit Agreement (Alamo Group Inc), Credit Agreement (National Healthcare Corp), Credit Agreement (Enzon 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 and the other Loan Documents with respect to the Loans and/or the Commitment assigned, except that this clause (b)(iiSection 11.06(b)(ii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans Loans, or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.
Appears in 14 contracts
Sources: Credit Agreement (Mission Produce, Inc.), Credit Agreement (AeroVironment Inc), Credit Agreement (AeroVironment 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 and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to rights in respect of Bid Loans or the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities Classes on a non-pro rata basis.
Appears in 10 contracts
Sources: Credit Agreement (Host Hotels & Resorts L.P.), Credit Agreement (Host Hotels & Resorts L.P.), Credit Agreement (Host Hotels & Resorts L.P.)
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 and the other Loan Documents with respect to the Loans and/or the Commitment assigned, except that this clause (b)(ii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.
Appears in 9 contracts
Sources: Credit Agreement (Morningstar, Inc.), Credit Agreement (Hecla Mining Co/De/), Credit Agreement (Duluth 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 and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities the Revolving Loan Commitments or outstanding Term Loans on a non-pro rata basis.;
Appears in 7 contracts
Sources: Credit Agreement (Ryman Hospitality Properties, Inc.), Credit Agreement (Ryman Hospitality Properties, Inc.), Credit Agreement (Ryman Hospitality Properties, 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 Credit Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to rights in respect the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities facilities on a non-pro rata basis.;
Appears in 6 contracts
Sources: Credit Agreement (Speedway Motorsports LLC), Credit Agreement (Speedway Motorsports LLC), Credit Agreement (Speedway Motorsports 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 and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to rights in respect of Bid Loans or the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.;
Appears in 5 contracts
Sources: Credit Agreement (W. P. Carey Inc.), Credit Agreement (W. P. Carey Inc.), Credit Agreement (W. P. Carey 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 and the other Loan Documents with respect to the Loans and/or the Commitment assigned, except that this clause (b)(ii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.
Appears in 5 contracts
Sources: Credit Agreement (Cavco Industries Inc.), Credit Agreement (Enfusion, Inc.), Credit Agreement (Cavco Industries Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning ▇▇▇▇▇▇’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or Advance or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis, except that any assignment under the Revolving Credit Facility shall include a proportionate assignment under the Swing Line Facility, if applicable.
Appears in 5 contracts
Sources: Credit Agreement (Honeywell Aerospace Inc.), Credit Agreement (Honeywell International Inc), Five Year Credit Agreement (Honeywell International 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 and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among the separate Facilities credit facilities provided hereunder on a non-pro rata basis.
Appears in 4 contracts
Sources: Credit Agreement (Aptargroup Inc), Credit Agreement (Nobilis Health Corp.), Credit Agreement (Aptargroup 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 and the other Loan Documents with respect to the applicable Loans and/or or the Commitment assigned, except that this clause (b)(iiii) shall not (A1) apply to rights in respect of the Swingline Swing Loan Lender’s rights and obligations in respect of Swingline Swing Loans or (B2) prohibit any Lender from assigning all or a portion of its rights and obligations among separate any Class of Commitments or Loans or among the Facilities under this Agreement on a non-pro rata basis.;
Appears in 4 contracts
Sources: Credit Agreement (Signet Jewelers LTD), Credit Agreement (Signet Jewelers LTD), Credit Agreement (BJ's Wholesale Club Holdings, Inc.)
Proportionate Amounts. Each partial assignment of any Commitment or Class of Loans shall be made as an assignment of a proportionate part of all the assigning ▇▇▇▇▇▇Lender’s rights and obligations under this Agreement in respect of such Commitment and the other Loan Documents with respect to the Loans and/or the Commitment assigned, except that this clause (b)(iiSection 10.4(b)(ii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities Classes on a non-pro rata basis.
Appears in 3 contracts
Sources: Credit Agreement (Suja Life, Inc.), Credit Agreement (Kellogg Co), Credit Agreement (WK Kellogg Co)
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 and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities the Revolving Loan Commitments and Term Loan Commitments on a non-pro rata basis.;
Appears in 3 contracts
Sources: Credit Agreement (Gaylord Entertainment Co /De), Credit Agreement (Gaylord Entertainment Co /De), Credit Agreement (Gaylord Entertainment Co /De)
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 and the other Loan Documents with respect to the Loans and/or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans Loans, or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.
Appears in 3 contracts
Sources: Credit Agreement (SP Plus Corp), Credit Agreement (SP Plus Corp), Credit Agreement (SP Plus Corp)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning ▇L▇▇▇▇▇’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the Commitment assigned, except that this clause (b)(ii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.
Appears in 3 contracts
Sources: Credit Agreement (Viskase Holdings, Inc.), Credit Agreement (Enzon Pharmaceuticals, Inc.), Credit Agreement (Hecla Mining Co/De/)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning ▇▇▇▇▇▇’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.
Appears in 3 contracts
Sources: Credit Agreement (U S Physical Therapy Inc /Nv), Credit Agreement (Transcat Inc), Credit Agreement (Amedisys 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 and the other Loan Documents with respect to the Loans and/or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro non‑pro rata basis.;
Appears in 3 contracts
Sources: Credit Agreement (Diodes Inc /Del/), Second Amended and Restated Credit Agreement (Diodes Inc /Del/), Credit Agreement (Diodes Inc /Del/)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning ▇▇▇▇▇▇Bank’s Loans and Commitments, and rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the Commitment thereto, assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline LenderBank’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender Bank from assigning all or a portion of its rights and obligations among separate Facilities in respect of its Commitments (and the related Loans thereunder) on a non-pro rata basis.
Appears in 3 contracts
Sources: Credit Agreement (Owens & Minor Inc/Va/), Credit Agreement (Owens & Minor Inc/Va/), Credit Agreement (Owens & Minor Inc/Va/)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning ▇L▇▇▇▇▇’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the Commitment assigned, except that this clause (b)(ii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basisLoans.
Appears in 3 contracts
Sources: Credit Agreement (Concrete Partners Holding, LLC), Credit Agreement (Zeta Global Holdings Corp.), Credit Agreement (Zeta Global Holdings Corp.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning ▇▇▇▇▇▇Bank’s Loans and Commitments, and rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the Commitment thereto, assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline LenderBank’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender Bank from assigning all or a portion of its rights and obligations among separate Facilities in respect of its Revolving Commitment (and the related Revolving Loans thereunder) on a non-pro rata basis.;
Appears in 3 contracts
Sources: Credit Agreement (Owens & Minor Inc/Va/), Credit Agreement (Owens & Minor Inc/Va/), Credit Agreement (Owens & Minor Inc/Va/)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning ▇▇▇▇▇▇’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basisLoans.
Appears in 3 contracts
Sources: Credit Agreement (Smith & Wesson Brands, Inc.), Credit Agreement (Smith & Wesson Brands, Inc.), Credit Agreement (Smith & Wesson Brands, 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 Credit Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities facilities on a non-pro rata basis.;
Appears in 2 contracts
Sources: Credit Agreement (Inex Corp), Credit Agreement (Amn Healthcare Services Inc)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning ▇▇▇▇▇▇’s or Issuing Bank’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or Advance or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basisbasis and (B) apply to any Swingline Lender’s rights and obligations in respect of Swingline Advances.
Appears in 2 contracts
Sources: Receivables Funding and Administration Agreement (Td Synnex Corp), Credit Agreement (Td Synnex Corp)
Proportionate Amounts. Each partial assignment shall be made as an assignment as-signment of a proportionate part of all the assigning ▇▇▇▇▇▇Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline 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 or term loan facility provided hereunder on a non-pro rata basis.;
Appears in 2 contracts
Sources: Credit Agreement (Sanmina Corp), Credit Agreement (Sanmina Corp)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning ▇▇▇▇▇▇’s Loans and Commitments, and rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the Commitment thereto, assigned, except that this clause (b)(iiii) shall not (A) apply to the any Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities in respect of its Revolving Commitment (and the related Revolving Loans thereunder) on a non-pro rata basis.;
Appears in 2 contracts
Sources: Credit Agreement (Stifel Financial Corp), Credit Agreement (Stifel Financial 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 Credit Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among the separate Facilities on a non-pro rata basis.;
Appears in 2 contracts
Sources: Credit Agreement (HSN, Inc.), Credit Agreement (HSN, 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 Credit Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.;
Appears in 2 contracts
Sources: Credit Agreement (Tempur Pedic International Inc), Five Year Credit Agreement (Autozone 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 and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (b)(iiii) shall not apply to (A) apply to the Swingline rights in respect of Competitive Loans or any Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.;
Appears in 2 contracts
Sources: Credit Agreement (Empire State Realty OP, L.P.), Credit Agreement (Empire State Realty OP, L.P.)
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 Credit Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among its separate Facilities Revolving Commitments and Term Loan A Commitments on a non-pro rata basis.;
Appears in 2 contracts
Sources: Credit Agreement (Huron Consulting Group Inc.), Credit Agreement (Huron Consulting Group Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning ▇▇▇▇▇▇’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the Commitment assigned, except that this clause (b)(ii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.
Appears in 2 contracts
Sources: Credit Agreement (Sunpower Corp), Credit Agreement (Sunpower 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 and the other Loan Documents with respect to the Loans and/or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.;
Appears in 2 contracts
Sources: Credit Agreement (Diodes Inc /Del/), Credit Agreement (Diodes Inc /Del/)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning ▇▇▇▇▇▇’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to rights in respect of the Swingline LenderSwing Line Bank’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities Revolving Facility and the Term Facility on a non-pro rata basis.;
Appears in 2 contracts
Sources: Second Amendment (CBIZ, Inc.), Credit Agreement (CBIZ, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning ▇▇▇▇▇▇’s Loans and Commitments, and rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the Commitment thereto, assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities in respect of its Revolving Commitment (and the related Revolving Loans thereunder) on a non-pro rata basis.;
Appears in 2 contracts
Sources: Credit Agreement (Amn Healthcare Services Inc), Credit Agreement (Amn Healthcare Services Inc)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning ▇▇▇▇▇▇’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the Commitment assigned, except that this clause (b)(iiSection 11.06(b)(ii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basisLoans.
Appears in 2 contracts
Sources: Credit Agreement (Arhaus, Inc.), Credit Agreement (Arhaus, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning ▇L▇▇▇▇▇’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline 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 or term loan facility provided hereunder on a non-pro rata basis.;
Appears in 2 contracts
Sources: Credit Agreement (Celestica Inc), Credit Agreement (Celestica 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 and the other Loan Documents with respect to the Loans and/or the Revolving Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans (or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.
Appears in 2 contracts
Sources: Credit Agreement (Benchmark Electronics Inc), Credit Agreement (Benchmark Electronics Inc)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning ▇▇▇▇▇▇’s Loans and Commitments, and rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the Commitment thereto assigned, except that this clause (b)(iiSection 11.06(b)(ii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basisin respect of its Commitment or Loans of one Class but not Commitment or Loans of any other Class.
Appears in 2 contracts
Sources: Amendment and Restatement Agreement (Concentrix Corp), Amendment and Restatement Agreement (Concentrix Corp)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning ▇▇▇▇▇▇’s Loans and Commitments, and rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the Commitment thereto assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities any revolving credit facility or term loan facility provided hereunder on a non-pro rata basis.;
Appears in 2 contracts
Sources: Fifth Amendment to Credit Agreement and Limited Waiver Agreement (Compass Group Diversified Holdings LLC), Fourth Forbearance Agreement and Fourth Amendment to Credit Agreement (Compass Group Diversified Holdings LLC)
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 and the other Loan Documents with respect to the Loans and/or or the USD Commitment or MC Commitment, as applicable, assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline rights in respect of any Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.
Appears in 2 contracts
Sources: Credit Agreement (Cme Group Inc.), Credit Agreement (Cme Group Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning ▇▇▇▇▇▇’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the Revolving Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans (or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.
Appears in 2 contracts
Sources: Credit Agreement (Benchmark Electronics Inc), Credit Agreement (Benchmark Electronics Inc)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning ▇▇▇▇▇▇’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline 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 or term loan facility provided hereunder on a non-pro rata basis.;
Appears in 2 contracts
Sources: Credit Agreement (Celestica Inc), Credit Agreement (Celestica Inc)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning ▇▇▇▇▇▇’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.
Appears in 1 contract
Sources: Credit Agreement (Kbr, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning ▇▇▇▇▇▇’s 's rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assignedassigned under the relevant facility, except that this clause (b)(iiii) shall not (A) apply to the Swingline Swing Line Lender’s 's rights and obligations in respect of Swingline Loans Swing Line Loans, or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities facilities under this Agreement on a non-pro rata basis.
Appears in 1 contract
Sources: Credit Agreement (Ansys 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 and the other Loan Documents with respect to the Loans and/or or the Revolving Credit Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to rights in respect of the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities 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 and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to rights in respect of the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities its Term Loans and Revolving Loans 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 ▇L▇▇▇▇▇’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basisLoans.
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning ▇▇▇▇▇▇’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the Commitment assigned, except that this clause (b)(ii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basisLoans.
Appears in 1 contract
Sources: Credit Agreement (Robert Half 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 and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a any portion of its rights and obligations among separate Facilities with respect to its Tranche A Commitment and its Tranche A-1 Commitment 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 and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline 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 or term loan facility provided hereunder on a non-pro rata basis.; CHAR1\1847295v5
Appears in 1 contract
Sources: Credit Agreement (Celestica Inc)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning ▇▇▇▇▇▇’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline 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 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 ▇▇▇▇▇▇’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the Revolving Commitment assigned, except that this clause (b)(ii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.Loans
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 and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (b)(ii(ii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities Classes 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 ▇L▇▇▇▇▇’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the Revolving Commitment assigned, except that this clause (b)(ii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basisLoans.
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lend▇▇▇▇▇▇’s ’▇ rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the Commitment assigned, except that this clause (b)(ii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basisLoans.
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning ▇▇▇▇▇▇’s Lender's rights and obligations under this Agreement and the other Loan Documents with respect to the a particular Class of Loans and/or the or Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Lender’s 's rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities credit facilities 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 ▇L▇▇▇▇▇’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities Classes 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 Credit Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among its separate Facilities Revolving Commitments and Term Loan Commitments 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 ▇▇▇▇▇▇’s rights ▇ and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the Commitment assigned, except that this clause (b)(ii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.. 168881580v11 200207.000113
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning ▇▇▇▇▇▇’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.;
Appears in 1 contract
Sources: Credit Agreement (World Kinect Corp)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning ▇▇▇▇▇▇’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro non‑pro rata basis.;
Appears in 1 contract
Sources: Credit Agreement (Diodes Inc /Del/)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lend▇▇’▇ ▇▇▇▇r Issuing Bank’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or Advance or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basisbasis and (B) apply to any Swingline Lender’s rights and obligations in respect of Swingline Advances.
Appears in 1 contract
Sources: Credit Agreement (Td Synnex 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 and the other Loan Documents with respect to the Loans and/or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro non‑pro rata basis.
Appears in 1 contract
Sources: Credit Agreement (Ixia)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning ▇▇▇▇▇▇’s rights and obligations under this Credit Agreement and the other Loan Documents with respect to the Loans and/or or the Revolving Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to the any Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among its separate Facilities revolving commitments (and the revolving loans relating thereto) 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 ▇▇▇▇▇▇’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause subsection (b)(iiii) shall not not
(A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or or
(B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities 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 Credit Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among its separate Facilities Revolving Commitment and Term Loan Commitment 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 ▇▇▇▇▇▇’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, assigned except that this clause (b)(iiii) shall not (Ax) apply to the Swingline Lender’s rights and obligations in respect of Swingline Swing Line Loans or (By) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities 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 ▇▇▇▇▇▇’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pronon-pro rata basis.
Appears in 1 contract
Sources: Credit Agreement (Blackbaud Inc)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning ▇▇▇▇▇▇’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities 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 and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities 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 and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities Classes on a non-pro rata basis.
Appears in 1 contract
Sources: Credit Agreement (Dole PLC)
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 and the other Loan Documents with respect to the Loans and/or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities 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 ▇▇▇▇▇▇’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (( B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.
Appears in 1 contract
Sources: Credit Agreement (Ducommun Inc /De/)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning ▇▇▇▇▇▇’s rights and obligations under this Credit Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or Loans; (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.iii)
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 and the other Loan Documents with respect to the Loans and/or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans (or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment as- signment of a proportionate part of all the assigning ▇▇▇▇▇▇Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline 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 or term loan facility provided hereunder on a non-pro rata basis.;
Appears in 1 contract
Sources: Credit Agreement (Sanmina 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 -130- BOI-39221v8 this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.;
Appears in 1 contract
Sources: Credit Agreement (WEX Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning ▇▇▇▇▇▇’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the 14654662v10 Commitment assigned, except that this clause (b)(ii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.
Appears in 1 contract
Sources: Credit Agreement (Dhi Group, 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 Credit Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among its separate Facilities Revolving Commitment and Term Loan Commitments 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 ▇▇▇▇▇▇’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities Commitments or Tranches 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 ▇▇▇▇▇▇’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the Revolving Commitment assigned, except that this clause (b)(ii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basisLoans.
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning ▇▇▇▇▇▇’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities Classes on a non-pro rata basis.
Appears in 1 contract
Sources: Credit Agreement (Dole PLC)
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 and the other Loan Documents with respect to the Loans and/or the Commitment thereto, assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.in respect of its Revolving Commitment (and the related Revolving Loans thereunder);
Appears in 1 contract
Sources: Credit Agreement (Advance America, Cash Advance Centers, 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 and the other Loan Documents with respect to the Loans and/or the Commitment assigned, except that this clause (b)(iiii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among under separate Facilities on a non-pro rata basis.; (iii)
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning ▇▇▇▇▇▇’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the Commitment assigned, except that this clause (b)(ii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities facilities on a non-pro rata basis.
Appears in 1 contract
Sources: Credit Agreement (HawkEye 360, Inc.)