Common use of Proration of Payments Clause in Contracts

Proration of Payments. Except as provided in Section 2.5, if any Lender obtains any payment or other recovery (whether voluntary, involuntary, by application of offset or otherwise), on account of principal of or interest on any Loan (but excluding (a) any payment pursuant to Section 8 or 15.6, or (b) payments of interest on any Affected Loan) in excess of its applicable Pro Rata Share of payments and other recoveries obtained by all Lenders on account of principal of and interest on the Loans, then held by them, then that Lender shall purchase from the other Lenders such participations in the Loans held by them as are necessary to cause that purchasing Lender to share the excess payment or other recovery ratably with each of them, but if all or any portion of the excess payment or other recovery is thereafter recovered from that purchasing Lender, then that purchase will be rescinded and the purchase price restored to the extent of that recovery.

Appears in 3 contracts

Samples: Credit Agreement (AgileThought, Inc.), Credit Agreement (LIV Capital Acquisition Corp.), Credit Agreement (AgileThought, Inc.)

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Proration of Payments. Except as provided in Section 2.5, if any Lender obtains any payment or other recovery (whether voluntary, involuntary, by application of offset or otherwise), on account of principal of or interest on any Loan (but excluding (a) any payment pursuant to Article VIII or Section 8 or 15.6, or (b) payments of interest on any Affected affected Loan) in excess of its applicable Pro Rata Share of payments and other recoveries obtained by all Lenders on account of principal of and interest on the Loans, then held by them, then that Lender shall purchase from the other Lenders such participations in the Loans held by them as are necessary to cause that purchasing Lender to share the excess payment or other recovery ratably with each of them, but if all or any portion of the excess payment or other recovery is thereafter recovered from that purchasing Lender, then that purchase will be rescinded and the purchase price restored to the extent of that recovery.

Appears in 2 contracts

Samples: Credit Agreement (AgileThought, Inc.), Credit Agreement (AgileThought, Inc.)

Proration of Payments. Except as provided in Section 2.5, if any Lender obtains any payment or other recovery (whether voluntary, involuntary, by application of offset offset, or otherwise), on account of principal of or interest on any Loan (but excluding (ai) any payment pursuant to Section 8 or 15.6, or 15.6 and (bii) payments of interest on any Affected Loan) in excess of its applicable Pro Rata Share of payments and other recoveries obtained by all Lenders on account of principal of and interest on the Loans, then held by them, then that Lender shall purchase from the other Lenders such participations in the Loans held by them as are necessary to cause that purchasing Lender to share the excess payment or other recovery ratably with each of them, but if all or any portion of the excess payment or other recovery is thereafter recovered from that purchasing Lender, then that purchase will be rescinded and the purchase price restored to the extent of that recovery.

Appears in 2 contracts

Samples: Credit Agreement (Quest Resource Holding Corp), Credit Agreement (Quest Resource Holding Corp)

Proration of Payments. Except as provided in Section 2.52.6, if any Lender obtains any payment or other recovery (whether voluntary, involuntary, by application of offset offset, or otherwise), on account of principal of or interest on any Loan (but excluding (ai) any payment pursuant to Section 8 or 15.6, or 15.6 and (bii) payments of interest on any Affected Loan) in excess of its applicable Pro Rata Share of payments and other recoveries obtained by all Lenders on account of principal of and interest on the Loans, then held by them, then that Lender shall purchase from the other Lenders such participations in the Loans held by them as are necessary to cause that purchasing Lender to share the excess payment or other recovery ratably with each of them, but if all or any portion of the excess payment or other recovery is thereafter recovered from that purchasing Lender, then that purchase will be rescinded and the purchase price restored to the extent of that recovery.

Appears in 1 contract

Samples: Credit Agreement (Digital Media Solutions, Inc.)

Proration of Payments. Except as provided in Section 2.52.6, if any Lender obtains shall obtain any payment or other recovery (whether voluntary, involuntary, by application of offset or otherwise), on account of principal of or interest on any Loan (but excluding (ai) any payment pursuant to Section 8 or 15.6, or Section 15.6 and (bii) payments of interest on any Affected LoanLoan described in Section 8.3) in excess of its applicable Pro Rata Share of payments and other recoveries obtained by all Lenders on account of principal of and interest on the Loans, Loans (or such participation) then held by them, then that such Lender shall purchase from the other Lenders such participations in the Loans held by them as are shall be necessary to cause that such purchasing Lender to share the excess payment or other recovery ratably with each of them, but ; provided that if all or any portion of the excess payment or other recovery is thereafter recovered from that such purchasing Lender, then that the purchase will shall be rescinded and the purchase price restored to the extent of that such recovery.

Appears in 1 contract

Samples: Credit Agreement (Greenlight Capital Re, Ltd.)

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Proration of Payments. Except as provided in Section 2.5, if If any Lender obtains shall obtain any payment or other recovery (whether voluntary, involuntary, by application of offset set-off or otherwise), on account of principal of or of, interest on or fees in relation to any Loan (Loan, but excluding (a) any payment pursuant to Section 8 3.1, 3.2, 10.5 or 15.6, or (b) payments of interest on any Affected Loan10.8) in excess of its applicable Pro Rata Term Loan Share of payments and other recoveries obtained by all Lenders on account of principal of and [Biolase] Credit Agreement #61304369 of, interest on the Loans, or fees in relation to such Term Loan then held by them, then that such Lender shall purchase from the other Lenders such participations in the Loans held by them as are shall be necessary to cause that such purchasing Lender to share the excess payment or other recovery ratably with each of them, but ; provided that if all or any portion of the excess payment or other recovery is thereafter recovered from that such purchasing Lender, then that the purchase will shall be rescinded and the purchase price restored to the extent of that such recovery.

Appears in 1 contract

Samples: Credit Agreement (Biolase, Inc)

Proration of Payments. Except as provided in Section 2.5, if [Xxxxxx Xxxxxx] Credit Agreement #35074903_v10 If any Lender obtains shall obtain any payment or other recovery (whether voluntary, involuntary, by application of offset set-off or otherwise), on account of principal of or interest on any Loan (Loan, but excluding (a) any payment pursuant to Section 8 3.1, 3.2, 10.5 or 15.6, or (b) payments of interest on any Affected Loan10.8) in excess of its applicable Pro Rata Term Loan Share of payments and other recoveries obtained by all Lenders on account of principal of and interest on the Loans, such Term Loan then held by them, then that such Lender shall purchase from the other Lenders such participations in the Loans held by them as are shall be necessary to cause that such purchasing Lender to share the excess payment or other recovery ratably with each of them, but ; provided that if all or any portion of the excess payment or other recovery is thereafter recovered from that such purchasing Lender, then that the purchase will shall be rescinded and the purchase price restored to the extent of that such recovery.

Appears in 1 contract

Samples: Credit Agreement (Hooper Holmes Inc)

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