Common use of Proportionate Interest in any Collateral Clause in Contracts

Proportionate Interest in any Collateral. The Administrative Agent, on behalf of all the Banks, shall hold in accordance with the Loan Documents all items of any collateral or interests therein received or held by the Administrative Agent. Subject to the Administrative Agent's and the Banks' rights to reimbursement for their costs and expenses hereunder (including reasonable attorneys' fees and disbursements and other professional services and the reasonably allocated costs of attorneys employed by the Administrative Agent or a Bank) and subject to the application of payments in accordance with Section 9.2(d), each Bank shall have an interest in the Banks' interest in the collateral or interests therein in the same proportions that the aggregate Obligations owed such Bank under the Loan Documents bear to the aggregate Obligations owed under the Loan Documents to all the Banks, without priority or preference among the Banks, except that Obligations owed to any Bank under a Related Swap Agreement shall be secured on an equal, ratable and pari passu basis with all other Obligations up to an amount equal to the Administrative Agent's then customary credit risk factor for Swap Agreements times the notional amount of Indebtedness covered by such Related Swap Agreement and shall be secured on a subordinate basis as to amounts in excess of such amount.

Appears in 3 contracts

Samples: Day Loan Agreement (MGM Mirage), Day Loan Agreement (MGM Mirage), Day Loan Agreement (MGM Mirage)

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Proportionate Interest in any Collateral. The Administrative Agent, on behalf of all the BanksLenders, shall hold in accordance with the Loan Documents all items of any collateral or interests therein received or held by the Administrative Agent. Subject to the Administrative Agent's and the BanksLenders' rights to reimbursement for their costs and expenses hereunder (including reasonable attorneys' fees and disbursements and other professional services and the reasonably allocated costs of attorneys employed by the Administrative Agent or a BankLender) and subject to the application of payments in accordance with Section 9.2(d10.2(d), each Bank Lender shall have an interest in the BanksLenders' interest in the collateral Collateral or interests therein in the same proportions that the aggregate Obligations owed such Bank Lender under the Loan Documents bear to the aggregate Obligations owed under the Loan Documents to all the BanksLenders, without priority or preference among the BanksLenders, except that Obligations owed to any Bank Lender (or Affiliate of a Lender) under a Related Secured Swap Agreement shall be secured on an equal, ratable and a pari passu basis with all other Obligations up to an amount equal to the Administrative Agent's then customary credit risk factor for Swap Agreements times the notional amount of Indebtedness covered by such Related Secured Swap Agreement and shall be secured on a subordinate basis as to amounts in excess of such amount.

Appears in 2 contracts

Samples: Reducing Revolving Loan Agreement (Station Casinos Inc), Loan Agreement (Station Casinos Inc)

Proportionate Interest in any Collateral. The Administrative Agent, on behalf of all the BanksLenders, shall hold in accordance with the Loan Documents all items of any collateral or interests therein received or held by the Administrative Agent. Subject to the Administrative Agent's ’s and the Banks' Lenders’ rights to reimbursement for their costs and expenses hereunder (including reasonable attorneys' fees and disbursements and other professional services and the reasonably allocated costs of attorneys employed by the Administrative Agent or a BankLender) and subject to the application of payments in accordance with Section 9.2(d), each Bank Lender shall have an interest in the Banks' Lenders’ interest in the such collateral or interests therein in the same proportions that the aggregate Obligations owed such Bank Lender under the Loan Documents (other than Lender Interest Rate Protection Agreements) bear to the aggregate Obligations owed under the Loan Documents to all the BanksLenders, without priority or preference among the Banks, except that Obligations Lenders. Any obligation owed to any Bank a Lender under a Related Swap Lender Interest Rate Protection Agreement shall be secured on an equal, ratable and rank pari passu basis with all other the Obligations under the Loan Documents up to an amount equal to the Termination Value (as determined by the Administrative Agent's then customary credit risk factor for Swap Agreements times the notional amount ) of Indebtedness covered by such Related Swap Agreement that Lender Interest Rate Protection Agreement, and shall be secured on a subordinate basis as to amounts in the Obligations under other Loan Documents to the extent of any excess of over such amount.

Appears in 2 contracts

Samples: Credit Agreement (West Marine Inc), Credit Agreement (West Marine Inc)

Proportionate Interest in any Collateral. The Administrative ---------------------------------------- Agent, on behalf of all the Banks, shall hold in accordance with the Loan Documents all items of any collateral or interests therein received or held by the Administrative Agent. Subject to the Administrative Agent's and the Banks' rights to reimbursement for their costs and expenses hereunder (including --------- reasonable attorneys' fees and disbursements and other professional services and the reasonably allocated costs of attorneys employed by the Administrative Agent or a Bank) and subject to the application of payments in accordance with Section 9.2(d), each Bank shall have an interest in the Banks' interest in the collateral or interests therein in the same proportions that the aggregate Obligations owed such Bank under the Loan Documents bear to the aggregate Obligations owed under the Loan Documents to all the Banks, without priority or preference among the Banks, except that Obligations owed to any Bank under a ------ Related Swap Agreement shall be secured on an equal, ratable and pari passu ---- ----- basis with all other Obligations up to an amount equal to the Administrative Agent's then customary credit risk factor for Swap Agreements times the notional amount of Indebtedness covered by such Related Swap Agreement and shall be secured on a subordinate basis as to amounts in excess of such amount.

Appears in 2 contracts

Samples: Loan Agreement (MGM Grand Inc), Term Loan Agreement (MGM Grand Inc)

Proportionate Interest in any Collateral. The Administrative Agent, on behalf of all the Banks, shall hold in accordance with the Loan Documents all items of any collateral or interests therein received or held by the Administrative Agent. Subject to the Administrative Agent's and the Banks' rights to reimbursement for their costs and expenses hereunder (including INCLUDING reasonable attorneys' fees and disbursements and other professional services and the reasonably allocated costs of attorneys employed by the Administrative Agent or a Bank) and subject to the application of payments in accordance with Section SECTION 9.2(d), each Bank shall have an interest in the Banks' interest in the collateral Collateral or interests therein in the same proportions that the aggregate Obligations owed such Bank under the Loan Documents bear to the aggregate Obligations owed under the Loan Documents to all the Banks, without priority or preference among the Banks, except EXCEPT that Obligations owed to any Bank under a Related Secured Swap Agreement shall be secured on an equal, ratable and pari passu a PARI PASSU basis with all other Obligations up to an amount equal to the Administrative Agent's then customary credit risk factor for Swap Agreements times the notional amount of Indebtedness covered by such Related Secured Swap Agreement and shall be secured on a subordinate basis as to amounts in excess of such amount.

Appears in 1 contract

Samples: Loan Agreement (Richey Electronics Inc)

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Proportionate Interest in any Collateral. The Administrative Agent, on behalf of all the BanksLenders, shall hold in accordance with the Loan Documents all items of any collateral or interests therein received or held by the Administrative Agent. Subject to the Administrative Agent's and the BanksLenders' rights to reimbursement for their costs and expenses hereunder (including reasonable attorneys' fees and disbursements and other professional services and the reasonably allocated costs of attorneys employed by the Administrative Agent or a BankLender) and subject to the application of payments in accordance with Section 9.2(d), each Bank Lender shall have an interest in the BanksLenders' interest in the any collateral or interests therein in the same proportions that the aggregate Obligations owed such Bank Lender under the Loan Documents bear to the aggregate Obligations owed under the Loan Documents to all the BanksLenders, without priority or preference among the BanksLenders, except that Obligations owed to any Bank Lender under a Related Swap Agreement shall be secured on an equal, ratable and a pari passu basis with all other Obligations up to an amount equal to the Administrative Agent's then customary credit risk factor for Swap Agreements times the notional amount of Indebtedness covered by such Related Swap Agreement and shall be secured on a subordinate basis as to amounts in excess of such amount.

Appears in 1 contract

Samples: Loan Agreement (Alliance Gaming Corp)

Proportionate Interest in any Collateral. The Administrative Agent, on behalf of all the BanksCreditors, shall hold in accordance with the Loan Documents all items of any collateral or interests therein received or held by the Administrative Agent. Subject to the Administrative Agent's and the Banks' rights right to reimbursement for their its costs and expenses hereunder (including INCLUDING reasonable attorneys' fees and disbursements and other professional services and the reasonably allocated costs of attorneys employed by the Administrative Agent or a BankAgent) and subject to the application of payments in accordance with Section 9.2(d), each Bank Lender shall have an interest in the Banks' interest in the collateral Collateral or interests therein in the same proportions that the aggregate Obligations owed such Bank Lender under the Loan Documents bear to the aggregate Obligations owed under the Loan Documents to all the BanksLenders, without priority or preference among the BanksLenders, except EXCEPT that Obligations owed to any Bank Lender under a Related Secured Swap Agreement shall be secured on an equal, ratable and pari passu a PARI PASSU basis with all other Obligations up to an amount equal to the Administrative Agent's then customary credit risk factor for Swap Agreements times the notional amount of Indebtedness covered by such Related Secured Swap Agreement and shall be secured on a subordinate basis as to amounts in excess of such amount.

Appears in 1 contract

Samples: Loan Agreement (Hard Rock Hotel Inc)

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