Common use of Proration of Payments Clause in Contracts

Proration of Payments. If any Bank shall obtain any payment or other recovery (whether voluntary, involuntary, by application of offset or otherwise, but excluding any payment pursuant to SECTION 8.7 or 14.9 or any payment to the Swing Line Bank in respect of a Swing Line Loan) on account of principal of or interest on any Loan (or on account of its participation in any Letter of Credit or Swing Line Loan) in excess of its pro rata share of payments and other recoveries obtained by all Banks on account of principal of and interest on Loans (or such participations) then held by them, such Bank shall purchase from the other Banks such participation in the Loans (or sub-participations in Letters of Credit or Swing Line Loans) held by them as shall be necessary to cause such purchasing Bank to share the excess payment or other recovery ratably with each of them; PROVIDED that if all or any portion of the excess payment or other recovery is thereafter recovered from such purchasing Bank, the purchase shall be rescinded and the purchase price restored to the extent of such recovery.

Proration of Payments. (a) If any Bank Lender shall obtain any payment or other recovery (whether voluntary, involuntary, by application of offset or otherwise, but excluding any payment pursuant to SECTION 8.7 or 14.9 or any payment to the Swing Line Bank in respect of a Swing Line Loan) on account of (i) principal of or interest on any Loan Loan, but excluding (x) any payment pursuant to Section 8.7 or 15.5 and (y) payments of interest on account of any Affected Loan) or (ii) its participation in any Letter of Credit or Swing Line Loan) Loans in excess of its pro rata share applicable Pro Rata Share of payments and other recoveries obtained by all Banks Lenders on account of principal of and interest on the Loans (or such participationsparticipation) then held by them, then such Bank Lender shall purchase from the other Banks Lenders such participation participations in the Loans (or sub-participations in Letters of Credit or Swing Line LoansCredit) held by them as shall be necessary to cause such purchasing Bank Lender to share the excess payment or other recovery ratably with each of them; PROVIDED provided that if all or any portion of the excess payment or other recovery is thereafter recovered from such purchasing BankLender, the purchase shall be rescinded and the purchase price restored to the extent of such recovery.

Proration of Payments. If any Bank shall obtain any payment or other recovery (whether voluntary, involuntary, by application of offset or otherwise, but excluding any payment pursuant to SECTION Section 8.7 or in connection with an assignment or participation pursuant to Section 14.9 or any payment to the Swing Line Bank in respect of a Swing Line Loan) on account of principal of or interest on any Loan (or on account of its participation in any Letter of Credit or Swing Line Loan) in excess of its pro rata share of payments and other recoveries obtained by all Banks on account of principal of and interest on Loans (or such participations) then held by them, such Bank shall purchase from the other Banks such participation in the Loans (or sub-participations in Letters of Credit or Swing Line Loans) held by them as shall be necessary to cause such purchasing Bank to share the excess payment or other recovery ratably with each of them; PROVIDED provided that if all or any portion of the excess payment or other recovery is thereafter recovered from such purchasing Bank, the purchase shall be rescinded and the purchase price restored to the extent of such recovery.

Proration of Payments. If any Bank Lender shall obtain any payment or other recovery (whether voluntary, involuntary, by application of offset or otherwise, but excluding any payment pursuant to SECTION Section 8.7 or 14.9 15.9 or any payment to the Swing Line Bank Lender in respect of a Swing Line Loan) on account of principal of or interest on any Loan of its Loans (or on account of its participation in any Letter of other Credit or Swing Line LoanExtension) in excess of its pro rata share (in accordance with the terms of this Agreement) of payments and other recoveries obtained by all Banks Lenders on account of principal of and interest on their respective Loans (or such participations) then held by them, such Bank Lender shall purchase from the other Banks Lenders such participation in the Loans (or sub-participations in Letters of the other Credit or Swing Line LoansExtensions) held by them as shall be necessary to cause such purchasing Bank Lender to share the excess payment or other recovery ratably with each of them; PROVIDED provided that if all or any portion of the excess payment or other recovery is thereafter recovered from such purchasing BankLender, the purchase shall be rescinded and the purchase price restored to the extent of such recovery.. 7.6

Proration of Payments. If any Bank shall obtain any payment or other recovery (whether voluntary, involuntary, by application of offset or otherwise, but excluding any payment pursuant to SECTION Section 8.7 or 14.9 or any payment to the Swing Line Bank in respect of a Swing Line Loan) on account of principal of or interest on any Loan (or on account of its participation in any Letter of Credit or Swing Line Loan) in excess of its pro rata share (in accordance with the terms of this Agreement) of payments and other recoveries obtained by all Banks on account of principal of and interest on Loans (or such participations) then held by them, such Bank shall purchase from the other Banks such participation in the Loans (or sub-sub- participations in Letters of Credit or Swing Line Loans) held by them as shall be necessary to cause such purchasing Bank to share the excess payment or other recovery ratably with each of them; PROVIDED provided that if all or any portion of the excess payment or other recovery is thereafter recovered from such purchasing Bank, the purchase shall be rescinded and the purchase price restored to the extent of such recovery.

Proration of Payments. If Except for payments to the Swing Line Bank in respect of Swing Line Loans, if any Bank shall obtain any payment or other recovery (whether voluntary, involuntary, by application of offset or otherwise, but excluding any payment pursuant to SECTION 8.7 Section 7.7 or 14.9 or and payments of interest on any payment to the Swing Line Bank in respect of a Swing Line Affected Loan) on account of principal of or interest on any Loan the Loans (or on account of its participation in any Letter of Credit or Swing Line Loan) in excess of its pro rata share of payments and other recoveries obtained by all Banks on account of principal of and interest on Loans any Loan (or such participationsparticipation) then held by them, such Bank shall purchase from the other Banks such participation participations in the Loans (or sub-participations in Letters of Credit or Swing Line Loans) held by them as shall be necessary to cause such purchasing Bank to share the excess payment or other recovery ratably with each of them; PROVIDED provided that if all or any portion of the excess payment or other recovery is thereafter recovered from such purchasing Bank, the purchase shall be rescinded and the purchase price restored to the extent of such recovery.

Proration of Payments. If any Bank shall obtain any payment or other recovery (whether voluntary, involuntary, by application of offset or otherwise, but excluding any payment pursuant to SECTION 8.7 or 14.9 or any payment to the Swing Line Bank in respect of a Swing Line Loan) on account of principal of or interest on any Loan Note (or on account of its participation in any Letter of Credit or Swing Line Loan) in excess of its pro rata share of payments and other recoveries obtained by all Banks on account of principal of and interest on Loans Notes (or such participationsparticipation) then held by them, such Bank shall purchase from the other Banks such participation in the Loans Notes (or sub-participations sub- participation in Letters of Credit or Swing Line Loans) held by them as shall be necessary to cause such purchasing Bank to share the excess payment or other recovery ratably with each of them; PROVIDED PROVIDED, HOWEVER, that if all or any portion of the excess payment or other recovery is thereafter recovered from such purchasing Bank, the purchase shall be rescinded and the purchase price restored to the extent of such recovery.

Proration of Payments. If any Bank shall obtain any payment or other recovery (whether voluntary, involuntary, by application of offset or otherwise, but excluding any payment pursuant to SECTION Section 8.7 or 14.9 or any payment to the Swing Line Bank in respect of a Swing Line Loan) on account of principal of or interest on any Loan (or on account of its participation in any Letter of Credit or Swing Line Loan) in excess of its pro rata share (in accordance with the terms of this Agreement) of payments and other recoveries obtained by all Banks on account of principal of and interest on Loans (or such participations) then held by them, such Bank shall purchase from the other Banks such participation in the Loans (or sub-participations in Letters of Credit or Swing Line Loans) held by them as shall be necessary to cause such purchasing Bank to share the excess payment or other recovery ratably with each of them; PROVIDED provided that if all or any portion of the excess payment or other recovery is thereafter recovered from such purchasing Bank, the purchase shall be rescinded and the purchase price restored to the extent of such recovery.

Proration of Payments. If Except for payments to the Swing Line Bank in respect of Swing Line Loans, if any Bank shall obtain any payment or other recovery (whether voluntary, involuntary, by application of offset or otherwise, but excluding any payment pursuant to SECTION 8.7 Section 7.7 or 14.9 or and payments of interest on any payment to the Swing Line Bank in respect of a Swing Line Affected Loan) on account of principal of or interest on any Loan (or on account of its participation in any Letter of Credit or Swing Line Loan) in excess of its pro rata share of payments and other recoveries obtained by all Banks on account of principal of and interest on the Loans (or such participationsparticipation) then held by them, such Bank shall purchase from the other Banks such participation participations in the Loans (or sub-participations in Letters of Credit or Swing Line Loans) held by them as shall be necessary to cause such purchasing Bank to share the excess payment or other recovery ratably with each of them; PROVIDED provided that if all or any portion of the excess payment or other recovery is thereafter recovered from such purchasing Bank, the purchase shall be rescinded and the purchase price restored to the extent of such recovery.

Proration of Payments. If any Bank shall obtain any payment or other recovery (whether voluntary, involuntary, by application of offset or otherwise, but excluding any payment pursuant to SECTION 8.7 or 14.9 or any payment to the Swing Line Bank in respect of a Swing Line Loan) on account of principal of or interest on any Loan Note (or on account of its participation in any Letter of Credit or Swing Line Loan) in excess of its pro rata share of payments and other recoveries obtained by all Banks on account of principal of and interest on Loans Notes (or such participationsparticipation) then held by them, such Bank shall purchase from the other Banks such participation in the Loans Notes (or sub-participations participation in Letters of Credit or Swing Line Loans) held by them as shall be necessary to cause such purchasing Bank to share the excess payment or other recovery ratably with each of them; PROVIDED PROVIDED, HOWEVER, that if all or any portion of the excess payment or other recovery is thereafter recovered from such purchasing Bank, the purchase shall be rescinded and the purchase price restored to the extent of such recovery.

Proration of Payments. If any Bank Lender shall obtain any payment or other recovery (whether voluntary, involuntary, by application of offset or otherwise, but excluding any payment pursuant to SECTION Section 8.7 or 14.9 15.9 or any payment to the Swing Line Bank Lender in respect of a Swing Line Loan) on account of principal of or interest on any Loan of its Loans (or on account of its participation in any Letter of other Credit or Swing Line LoanExtension) in excess of its pro rata share (in accordance with the terms of this Agreement) of payments and other recoveries obtained by all Banks Lenders on account of principal of and interest on their respective Loans (or such participations) then held by them, such Bank Lender shall purchase from the other Banks Lenders such participation in the Loans (or sub-participations in Letters of the other Credit or Swing Line LoansExtensions) held by them as shall be necessary to cause such purchasing Bank Lender to share the excess payment or other recovery ratably with each of them; PROVIDED provided that if all or any portion of the excess payment or other recovery is thereafter recovered from such purchasing BankLender, the purchase shall be rescinded and the purchase price restored to the extent of such recovery.. 35 7.6

Proration of Payments. If any Bank Lender shall obtain any payment or other recovery (whether voluntary, involuntary, by application of offset set-off or otherwise, but excluding any payment pursuant to SECTION 8.7 or 14.9 or any payment to the Swing Line Bank in respect of a Swing Line Loan) on account of (a) principal of or interest on any Loan, but excluding (i) any payment pursuant to Sections 3.1, 3.2, 3.7 or 10.8 and (ii) payments of interest on any Base Rate Loan referred to in the last sentence of Section 3.4, or (or on account of b) its participation in any Letter of Credit or Swing Line LoanCredit) in excess of its pro rata share applicable Pro Rata Share of payments and other recoveries obtained by all Banks Lenders on account of principal of and interest on the Loans (or such participationsparticipation) then held by them, then such Bank Lender shall purchase from the other Banks Lenders such participation participations in the Loans (or sub-participations in Letters of Credit or Swing Line Loans) held by them as shall be necessary to cause such purchasing Bank Lender to share the excess payment or other recovery ratably with each of them; PROVIDED provided that if all or any portion of the excess payment or other recovery is thereafter recovered from such purchasing BankLender, the purchase shall be rescinded and the purchase price restored to the extent of such recovery.