Right of Lenders to Fund through Branches and Affiliates. Each Lender (including without limitation the Swing Line Lender) may, if it so elects, fulfill its commitment as to any Borrowing hereunder by designating a branch or Affiliate of such Lender to make such Borrowing; provided that (a) such Lender shall remain solely responsible for the performances of its obligations hereunder and (b) no such designation shall result in any increased costs to Borrower.
Appears in 11 contracts
Samples: Credit Agreement (PDC Energy, Inc.), Credit Agreement (PDC Energy, Inc.), Credit Agreement (Callon Petroleum Co)
Right of Lenders to Fund through Branches and Affiliates. Each Lender (including without limitation the Swing Line Lender) may, if it so elects, fulfill its commitment as to any Borrowing Advance hereunder by designating a branch or Affiliate of such Lender to make such BorrowingAdvance; provided that (a) such Lender shall remain solely responsible for the performances of its obligations hereunder and (b) no such designation shall result in any material increased costs to the Borrower.
Appears in 11 contracts
Samples: Credit Agreement (Accolade, Inc.), Credit Agreement (Accolade, Inc.), Revolving Credit Agreement (Dragonwave Inc)
Right of Lenders to Fund through Branches and Affiliates. Each Lender (including without limitation the Swing Line Lender) may, if it so elects, fulfill its commitment as to any Borrowing Advance hereunder by designating a branch or Affiliate of such Lender to make such BorrowingAdvance; provided that (a) such Lender shall remain solely responsible for the performances of its obligations hereunder and (b) no such designation shall result in any material increased costs to Borrower.
Appears in 9 contracts
Samples: Credit Agreement (Universal Truckload Services, Inc.), Assignment Agreement (Universal Truckload Services, Inc.), Credit and Term Loan Agreement (Quinstreet, Inc)
Right of Lenders to Fund through Branches and Affiliates. Each Lender (including without limitation the Swing Line Lender) may, if it so elects, fulfill its commitment as to any Borrowing Advance hereunder by designating a branch or Affiliate of such Lender to make such BorrowingAdvance; provided that (a) such Lender shall remain solely responsible for the performances of its obligations hereunder and (b) no such designation shall result in any material increased costs to Borrowerthe Borrowers.
Appears in 7 contracts
Samples: Credit Agreement (Archaea Energy Inc.), Revolving Credit and Term Loan Agreement (Archaea Energy Inc.), Revolving Credit and Term Loan Agreement (Archaea Energy Inc.)
Right of Lenders to Fund through Branches and Affiliates. Each Lender (including without limitation the Swing Line Lender) may, if it so elects, fulfill its commitment as to any Borrowing Advance hereunder by designating a branch or Affiliate of such Lender to make such BorrowingAdvance; provided that (a) such Lender shall remain solely responsible for the performances of its obligations hereunder and (b) no such designation shall result in any material increased costs to BorrowerBorrowers.
Appears in 6 contracts
Samples: Credit Agreement (Multimedia Games Holding Company, Inc.), Credit Agreement (National Technical Systems Inc /Ca/), Credit Agreement (Sterling Construction Co Inc)
Right of Lenders to Fund through Branches and Affiliates. Each Lender (including without limitation the Swing Line Lender) may, if it so elects, fulfill its commitment as to any Borrowing Advance hereunder by designating a branch or Affiliate of such Lender to make such BorrowingAdvance; provided that (a) such Lender shall remain solely responsible for the performances of its obligations hereunder and (b) no such designation shall result in any material increased costs to BorrowerBorrowers.
Appears in 4 contracts
Samples: Term Loan Agreement (RetailMeNot, Inc.), Revolving Credit Agreement (Microsemi Corp), Revolving Credit and Term Loan Agreement (Obagi Medical Products, Inc.)
Right of Lenders to Fund through Branches and Affiliates. Each Lender (including without limitation the Swing Line Lender) may, if it so elects, fulfill its commitment as to any Borrowing Advance hereunder by designating a branch or Affiliate of such Lender to make such BorrowingAdvance; provided that (a) such Lender shall remain solely responsible for the performances of its obligations hereunder and (b) no such designation shall result in any material increased costs to Borrowerthe Borrower or the Agent.
Appears in 3 contracts
Samples: And Term Loan Agreement (Montauk Renewables, Inc.), Glaukos Corporation (GLAUKOS Corp), Glaukos Corporation (GLAUKOS Corp)
Right of Lenders to Fund through Branches and Affiliates. Each Lender (including without limitation the Swing Line Lender) may, if it so elects, fulfill its commitment as to any Borrowing hereunder by designating a branch or Affiliate of such Lender to make such Borrowing; provided that (a) such Lender shall remain solely responsible for the performances of its obligations hereunder and (b) no such designation shall result in any increased costs to Borrower.
Appears in 3 contracts
Samples: Credit Agreement (Civitas Resources, Inc.), Credit Agreement (Civitas Resources, Inc.), Credit Agreement (Bonanza Creek Energy, Inc.)
Right of Lenders to Fund through Branches and Affiliates. Each Lender (including without limitation the Swing Line Lender) may, if it so elects, fulfill its commitment as to any Borrowing Advance hereunder by designating a branch or Affiliate of such Lender to make such BorrowingAdvance; provided that (a) such Lender shall remain solely responsible for the performances of its obligations hereunder and (b) no such designation shall result in any material increased costs to Borrower.
Appears in 3 contracts
Samples: Credit Agreement (Matador Resources Co), Mortgage Warehousing Agreement (M I Homes Inc), Mortgage Warehousing Agreement
Right of Lenders to Fund through Branches and Affiliates. Each Lender (including without limitation the a Swing Line Lender) may, if it so elects, fulfill its commitment as to any Borrowing Advance hereunder by designating a branch or Affiliate of such Lender to make such BorrowingAdvance; provided that (a) such Lender shall remain solely responsible for the performances of its obligations hereunder and (b) no such designation shall result in any material increased costs to Borrowerthe applicable Borrower(s).
Appears in 2 contracts
Samples: Credit Agreement (Manitex International, Inc.), Credit Agreement (Manitex International, Inc.)
Right of Lenders to Fund through Branches and Affiliates. Each Lender (including without limitation the Swing Line Lender) may, if it so elects, fulfill its commitment as to any Borrowing Advance hereunder by designating a branch or Affiliate of such Lender to make such BorrowingAdvance; provided that (a) such Lender shall remain solely responsible for the performances of its obligations hereunder and (b) no such designation shall result in any material increased costs to the applicable Borrower.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Plastipak Holdings Inc), Credit Agreement (Plastipak Holdings Inc)
Right of Lenders to Fund through Branches and Affiliates. Each Lender (including without limitation the Swing Line Lender) may, if it so elects, fulfill its commitment as to any Borrowing Advance hereunder by designating a branch or Affiliate of such Lender to make such BorrowingAdvance; provided that (a) such Lender shall remain solely responsible for the performances of its obligations hereunder and (b) no such designation shall result in any material increased costs to BorrowerBorrower or the Agent.
Appears in 2 contracts
Samples: Mortgage Warehousing Agreement (M/I Homes, Inc.), Mortgage Warehousing Agreement (M I Homes Inc)
Right of Lenders to Fund through Branches and Affiliates. Each Lender (including without limitation the Swing Line Lender) may, if it so elects, fulfill its commitment as to any Borrowing Loan hereunder by designating a branch or Affiliate of such Lender to make such BorrowingLoan; provided that (a) such Lender shall remain solely responsible for the performances of its obligations hereunder and (b) no such designation shall result in any material increased costs to Borrower.the Borrower or the Agent. 10.3
Appears in 2 contracts
Samples: Security Agreement (Rent the Runway, Inc.), Security Agreement (Rent the Runway, Inc.)
Right of Lenders to Fund through Branches and Affiliates. Each Lender (including without limitation the Swing Line Lender) may, if it so elects, fulfill its commitment as to any Borrowing Advance hereunder by designating a branch or Affiliate of such Lender to make such BorrowingAdvance; provided that (a) such Lender shall remain solely responsible for the performances of its obligations hereunder and (b) no such designation shall result in any material increased costs to BorrowerBorrowers, including without limitation, increased costs to Borrowers under Section 10.1.
Appears in 2 contracts
Samples: Joinder Agreement (PMFG, Inc.), Credit and Term Loan Agreement (Peerless Manufacturing Co)
Right of Lenders to Fund through Branches and Affiliates. [. Each Lender (including without limitation the Swing Line Lender) may, if it so elects, fulfill its commitment as to any Borrowing Advance hereunder by designating a branch or Affiliate of such Lender to make such BorrowingAdvance; provided that (a) such Lender shall remain solely responsible for the performances of its obligations hereunder and (b) no such designation shall result in any material increased costs to Borrowerthe Borrower or the Agent.]
Appears in 1 contract
Samples: Credit and Term Loan Agreement (Montauk Renewables, Inc.)
Right of Lenders to Fund through Branches and Affiliates. Each Lender (including without limitation the Swing Line Lender) may, if it so elects, fulfill its commitment as to any Borrowing Advance hereunder by designating a branch or Affiliate of such Lender to make such BorrowingAdvance; provided that (a) such Lender shall remain solely responsible for the performances of its obligations hereunder and (b) no such designation shall result in any material increased costs to Company or any Permitted Borrower.
Appears in 1 contract
Right of Lenders to Fund through Branches and Affiliates. Each Lender (including without limitation limitation, the Swing Line Lender) may, if it so elects, fulfill its commitment as to any Borrowing Advance hereunder by designating a branch or Affiliate of such Lender to make such BorrowingAdvance; provided that (a) such Lender shall remain solely responsible for the performances of its obligations hereunder and (b) no such designation shall result in any material increased costs to Borrower.
Appears in 1 contract
Samples: Credit Agreement (Englobal Corp)
Right of Lenders to Fund through Branches and Affiliates. Each Lender (including without limitation the Swing Line Lender) may, if it so elects, fulfill its commitment as to any Borrowing Advance hereunder by designating a branch or Affiliate of such Lender to make such BorrowingAdvance; provided that (a) such Lender shall remain solely responsible for the performances of its obligations hereunder and (b) no such designation shall result in any increased costs to BorrowerBorrowers under Section 9.1, 10.5 or otherwise.
Appears in 1 contract
Right of Lenders to Fund through Branches and Affiliates. Each Lender (including without limitation the Swing Line Lender) may, if it so elects, fulfill its commitment as to any Borrowing Advance hereunder by designating a branch or Affiliate of such Lender to make such BorrowingAdvance; provided that (a) such Lender shall remain solely responsible for the performances of its obligations hereunder hereunder, and (b) no such designation shall result in any increased costs to BorrowerBorrowers under Section 9.1, 10.5 or otherwise.
Appears in 1 contract
Right of Lenders to Fund through Branches and Affiliates. Each Lender (including without limitation the Swing Line Lender) may, if it so elects, fulfill its commitment as to any Borrowing Advance hereunder by designating a branch or Affiliate of such Lender to make such BorrowingAdvance; provided that (a) such Lender shall remain solely responsible for the performances of its obligations hereunder and (b) no such designation shall result in any material increased costs to Borrowerthe Borrowers or the Agent.
Appears in 1 contract
Samples: Credit Agreement (Bazaarvoice Inc)
Right of Lenders to Fund through Branches and Affiliates. Each Lender (including without limitation the Swing Line Lender) may, if it so elects, fulfill its commitment as to any Borrowing Advance hereunder by designating a branch or Affiliate of such Lender to make such BorrowingAdvance; provided that (a) such Lender shall remain solely responsible for the performances of its obligations hereunder and (b) no such designation shall result in any material increased costs to Borrower.. Second Amended and Restated Credit Agreement
Appears in 1 contract
