Right of Lenders to Fund through Other Offices. Each Lender may, if it so elects, fulfill its commitment as to any LIBOR Loan by causing a foreign branch or Affiliate of such Lender to make such Loan; provided that in such event for the purposes of this Agreement such Loan shall be deemed to have been made by such Lender and the obligation of the Company to repay such Loan shall nevertheless be to such Lender and shall be deemed held by it, to the extent of such Loan, for the account of such branch or Affiliate.
Appears in 45 contracts
Samples: Credit Agreement (Huttig Building Products Inc), Guaranty and Collateral Agreement (Sei Investments Co), Credit Agreement (Westinghouse Air Brake Technologies Corp)
Right of Lenders to Fund through Other Offices. Each Lender may, if it so elects, fulfill its commitment as to any LIBOR Libor Loan by causing a foreign branch or Affiliate of such Lender to make such Loan; provided that such election shall not increase the costs to Borrower hereunder and that in such event for the purposes of this Agreement such Loan shall be deemed to have been made by such Lender and the obligation of the Company Borrower to repay such Loan shall nevertheless be to such Lender and shall be deemed held by it, to the extent of such Loan, for the account of such branch or Affiliate.
Appears in 12 contracts
Samples: Loan and Security Agreement (ExamWorks Group, Inc.), Revolving Loan and Security Agreement (Diversicare Healthcare Services, Inc.), Revolving Loan and Security Agreement (Diversicare Healthcare Services, Inc.)
Right of Lenders to Fund through Other Offices. Each Lender may, if it so elects, fulfill its commitment as to any LIBOR Loan by causing a foreign branch or Affiliate of such Lender to make such Loan; provided that in such event for the purposes of this Agreement such Loan shall be deemed to have been made by such Lender and the obligation of the Company Borrowers to repay such Loan shall nevertheless be to such Lender and shall be deemed held by it, to the extent of such Loan, for the account of such branch or Affiliate.
Appears in 10 contracts
Samples: Credit Agreement (Russ Berrie & Co Inc), Credit Agreement (Russ Berrie & Co Inc), Credit Agreement (MPW Industrial Services Group Inc)
Right of Lenders to Fund through Other Offices. Each Lender may, if it so elects, fulfill its commitment as to any LIBOR Loan by causing a foreign branch or Affiliate of such Lender to make such Loan; provided that in such event for the purposes of this Agreement such Loan shall be deemed to have been made by such Lender and the obligation of the Company Borrower to repay such Loan shall nevertheless be to such Lender and shall be deemed held by it, to the extent of such Loan, for the account of such branch or Affiliate.
Appears in 8 contracts
Samples: Loan and Security Agreement (TPG Pace Holdings Corp.), Credit Agreement (Cyalume Technologies Holdings, Inc.), Credit Agreement (Xponential Fitness, Inc.)
Right of Lenders to Fund through Other Offices. Each Lender may, if it so elects, fulfill its commitment as to any LIBOR Loan by causing a foreign branch or Affiliate of such that Lender to make such that Loan; provided that in such event for the purposes of this Agreement , but each such Loan shall will be deemed to have been made by such that Lender and the obligation of the Company Borrowers to repay such that Loan shall nevertheless will be to such that Lender and shall will be deemed held by itthe Lender, to the extent of such that Loan, for the account of such that branch or Affiliate.
Appears in 5 contracts
Samples: Credit Agreement (AgileThought, Inc.), Credit Agreement (AgileThought, Inc.), Credit Agreement (Quest Resource Holding Corp)
Right of Lenders to Fund through Other Offices. Each Lender may, if it so elects, fulfill its commitment as to any LIBOR Loan by causing a foreign branch or Affiliate of such Lender to make such Loan; provided that in such event for the purposes of this Agreement such Loan shall be deemed to have been made by such Lender and the obligation of the Company Borrowers to repay such Loan shall nevertheless be to such Lender and shall be deemed held by it, to the extent of such Loan, for the account of such branch or Affiliate.
Appears in 5 contracts
Samples: Credit Agreement (Ptek Holdings Inc), Loan and Security Agreement (Manitex International, Inc.), Loan and Security Agreement (WESTMORELAND COAL Co)
Right of Lenders to Fund through Other Offices. Each Lender mayLender, if it so elects, may fulfill its commitment as agreements hereunder with respect to any LIBOR Loan by causing a foreign branch or Affiliate affiliate of such Lender to make such LIBOR Loan; provided provided, that in such event for the purposes of this Agreement such Loan shall be deemed to have been made by such Lender and the obligation of the Company Borrower to repay such LIBOR Loan shall nevertheless be to such Lender and such LIBOR Loan shall be deemed held by it, to the extent of such Loan, Lender for the account of such branch or Affiliateaffiliate.
Appears in 4 contracts
Samples: Credit Agreement (Select Comfort Corp), Credit Agreement (American Crystal Sugar Co /Mn/), Credit Agreement (First Interstate Bancsystem Inc)
Right of Lenders to Fund through Other Offices. Each Lender may, if it so elects, fulfill its commitment as to any Yen LIBOR Loan or Eurodollar Loan by causing a foreign branch or Affiliate affiliate of such Lender to make such Loan; provided that in such event for the purposes of this Agreement such Loan shall be deemed to have been made by such Lender and the obligation of the Company to repay such Loan shall nevertheless be to such Lender and shall be deemed held by it, to the extent of such Loan, for the account of such branch or Affiliateaffiliate.
Appears in 3 contracts
Samples: Assignment Agreement (Nu Skin Enterprises Inc), Credit Agreement (Nu Skin Enterprises Inc), Credit Agreement (Nu Skin Enterprises Inc)
Right of Lenders to Fund through Other Offices. Each Lender may, if it so elects, fulfill its commitment as to any LIBOR Loan by causing a foreign branch or Affiliate of such Lender to make such Loan; provided that in such event for the purposes of this Agreement such Loan shall be deemed to have been made by such Lender and the obligation of the Company Companies to repay such Loan shall nevertheless be to such Lender and shall be deemed held by it, to the extent of such Loan, for the account of such branch or Affiliate.
Appears in 3 contracts
Samples: Credit Agreement (Westell Technologies Inc), Credit Agreement (World Fuel Services Corp), Credit Agreement (Akorn Inc)
Right of Lenders to Fund through Other Offices. Each Lender may, if it so elects, fulfill its commitment as to any Eurocurrency Loan or Daily Floating LIBOR Loan by causing a domestic or foreign branch or Affiliate affiliate of such Lender to make such Loan; provided that in such event event, for the purposes of this Agreement Agreement, such Loan shall be deemed to have been made by such Lender and the obligation of the Company applicable Borrower to repay such Loan shall nevertheless be to such Lender and shall be deemed held by it, to the extent of such Loan, for the account of such branch or Affiliateaffiliate.
Appears in 2 contracts
Samples: Pledge Agreement (Middleby Corp), Credit Agreement (Middleby Corp)
Right of Lenders to Fund through Other Offices. Each Lender may, if it so elects, fulfill its commitment as to any LIBOR Loan by causing a foreign branch or Affiliate of such Lender to make such Loan; provided that in such event for the purposes of this Agreement such Loan shall be deemed to have been made by such Lender and the obligation of the Company Co-Borrowers to repay such Loan shall nevertheless be to such Lender and shall be deemed held by it, to the extent of such Loan, for the account of such branch or Affiliate.
Appears in 2 contracts
Samples: Credit Agreement (FreightCar America, Inc.), Credit Agreement (FreightCar America, Inc.)
Right of Lenders to Fund through Other Offices. Each Lender may, if it so elects, fulfill its commitment as to any LIBOR Libor Loan by causing a foreign branch or Affiliate of such Lender to make such Loan; provided that such election shall not increase the costs to Borrower hereunder and that in such event for the purposes of this Agreement such Loan shall be deemed to have been DM3\2429630.8 made by such Lender and the obligation of the Company Borrower to repay such Loan shall nevertheless be to such Lender and shall be deemed held by it, to the extent of such Loan, for the account of such branch or Affiliate.
Appears in 2 contracts
Samples: Term Loan and Security Agreement (Diversicare Healthcare Services, Inc.), Term Loan and Security Agreement (Diversicare Healthcare Services, Inc.)
Right of Lenders to Fund through Other Offices. Each Lender may, if it so elects, fulfill its commitment as to any LIBOR Loan by causing a foreign branch or Affiliate of such Lender to make such Loan; provided that such election shall not increase the costs to Borrowers under Sections 7.6 or 8.1 and that in such event for the purposes of this Agreement such Loan shall be deemed to have been made by such Lender and the obligation of the Company Borrowers to repay such Loan shall nevertheless be to such Lender and shall be deemed held by it, to the extent of such Loan, for the account of such branch or Affiliate.
Appears in 2 contracts
Samples: Credit Agreement (Aviv REIT, Inc.), Credit Agreement (Aviv REIT, Inc.)
Right of Lenders to Fund through Other Offices. Each Lender may, if it so elects, fulfill its commitment as to any LIBOR Loan by causing a foreign branch or Affiliate of such Lender to make such Loan; provided that in such event for the purposes of this Agreement such Loan shall be deemed to have been made by such Lender and the obligation of the Company Borrower to repay such Loan shall nevertheless be to such Lender and shall be deemed held by it, to the extent of such Loan, for the account of such branch or Affiliate.
Appears in 2 contracts
Samples: Credit Agreement (Russ Berrie & Co Inc), Credit Agreement (American Railcar Industries, Inc.)
Right of Lenders to Fund through Other Offices. Each Lender may, if it so elects, fulfill its commitment as to any LIBOR Loan by causing a foreign branch or Affiliate of such Lender to make such Loan; provided that in such event for the purposes of this Agreement such Loan shall be deemed to have been made by such Lender and the obligation of the Company Table of Contents Borrowers to repay such Loan shall nevertheless be to such Lender and shall be deemed held by it, to the extent of such Loan, for the account of such branch or Affiliate.
Appears in 1 contract
Right of Lenders to Fund through Other Offices. Each Lender mayLender, if it so elects, may fulfill its commitment as agreements hereunder with respect to any LIBOR LIBO Loan by causing a foreign branch or Affiliate affiliate of such Lender to make such LIBO Loan; provided provided, that in such event for the purposes of this Agreement such Loan shall be deemed to have been made by such Lender and the obligation of the Company Borrower to repay such LIBO Loan shall nevertheless be to such Lender and such LIBO Loan shall be deemed held by it, to the extent of such Loan, Lender for the account of such branch or Affiliateaffiliate.
Appears in 1 contract
Right of Lenders to Fund through Other Offices. Each Lender may, if it so elects, fulfill its commitment as to any LIBOR Loan by causing a foreign branch or Affiliate of such Lender to make such LIBOR Loan; provided that in such event for the purposes of this Agreement such LIBOR Loan shall be deemed to have been made by such Lender and the obligation of the Company applicable Borrower to repay such LIBOR Loan shall nevertheless be to such Lender and shall be deemed held by it, to the extent of such LIBOR Loan, for the account of such branch or Affiliate.
Appears in 1 contract
Samples: Term Loan Agreement (Sentio Healthcare Properties Inc)
Right of Lenders to Fund through Other Offices. Each Lender may, if it so elects, fulfill its commitment as to any LIBOR Loan by causing a foreign branch or Affiliate of such Lender to make such Loan; provided that in such event for the purposes of this Agreement such Loan shall be deemed to have been made by such Lender and the obligation of the Company Loan Parties to repay such Loan shall nevertheless be to such Lender and shall be deemed held by it, to the extent of such Loan, for the account of such branch or Affiliate.
Appears in 1 contract
Right of Lenders to Fund through Other Offices. Each Lender may, if it so elects, fulfill its commitment as to any LIBOR Loan by causing a foreign branch or Affiliate of such Lender to make such Revolving Loan; provided that in such event for the purposes of this Agreement such Revolving Loan shall be deemed to have been made by such Lender and the obligation of the Company Borrowers to repay such Revolving Loan shall nevertheless be to such Lender and shall be deemed held by it, to the extent of such Revolving Loan, for the account of such branch or Affiliate.
Appears in 1 contract
Right of Lenders to Fund through Other Offices. Each Lender may, if it so elects, fulfill its commitment as to any LIBOR Loan by causing a foreign branch or Affiliate of such Lender to make such Loan; provided that provided, that, in such event for the purposes of this Agreement such Loan shall be deemed to have been made by such Lender and the obligation of the Company to repay such Loan shall nevertheless be to such Lender and shall be deemed held by it, to the extent of such Loan, for the account of such branch or Affiliate.
Appears in 1 contract
Samples: Credit Agreement (SP Plus Corp)
Right of Lenders to Fund through Other Offices. Each Lender may, if it so elects, fulfill its commitment as to any LIBOR Loan by causing a foreign branch or Affiliate of such Lender to make such Loan; provided that in such event for the purposes of this Agreement such Loan shall be deemed to have been made by such Lender and the obligation joint and several obligations of the Company Borrowers to repay such Loan shall nevertheless be to such Lender and shall be deemed held by it, to the extent of such Loan, for the account of such branch or Affiliate.
Appears in 1 contract
Samples: Credit Agreement (Epiq Systems Inc)
Right of Lenders to Fund through Other Offices. Each Lender may, if it so elects, fulfill its commitment as to any LIBOR Loan by causing a foreign branch or Affiliate of such that Lender to make such that Loan; provided that in such event for the purposes of this Agreement , but each such Loan shall will be deemed to have been made by such that Lender and the obligation of the Company Borrower to repay such that Loan shall nevertheless will be to such that Lender and shall will be deemed held by itthe Lender, to the extent of such that Loan, for the account of such that branch or Affiliate.
Appears in 1 contract
Samples: Credit Agreement (American Virtual Cloud Technologies, Inc.)
Right of Lenders to Fund through Other Offices. Each Lender may, if it so elects, fulfill its commitment as to any LIBOR Loan (and/or any Loan to be made in Euros) by causing a foreign branch or Affiliate of such Lender to make such Loan; provided that in such event for the purposes of this Agreement such Loan shall be deemed to have been made by such Lender and the obligation of the Company applicable Borrower to repay such Loan shall nevertheless be to such Lender and shall be deemed held by it, to the extent of such Loan, for the account of such branch or Affiliate.
Appears in 1 contract
Right of Lenders to Fund through Other Offices. Each Lender may, if it so elects, fulfill its commitment as to any LIBOR LIBORSOFR Loan by causing a foreign branch or Affiliate of such that Lender to make such that Loan; provided that in such event for the purposes of this Agreement , but each such Loan shall will be deemed to have been made by such that Lender and the obligation of the Company Borrowers to repay such that Loan shall nevertheless will be to such that Lender and shall will be deemed held by itthe Lender, to the extent of such that Loan, for the account of such that branch or Affiliate.
Appears in 1 contract
Right of Lenders to Fund through Other Offices. Each Lender may, if it so elects, fulfill its commitment as to any LIBOR Loan by causing a foreign branch or Affiliate of such Lender to make such LIBOR Loan; provided that in such event for the purposes of this Agreement such LIBOR Loan shall be deemed to have been made by such Lender and the obligation of the Company Companies to repay such LIBOR Loan shall nevertheless be to such Lender and shall be deemed held by it, to the extent of such LIBOR Loan, for the account of such branch or Affiliate.
Appears in 1 contract
Samples: Credit Agreement (Uti Worldwide Inc)
Right of Lenders to Fund through Other Offices. Each Lender may, if it so elects, fulfill its commitment as to any LIBOR Loan by causing a foreign branch or Affiliate of such Lender to make such Loan; provided that in such event for the purposes of this Agreement such Loan shall be deemed to have been made by such Lender and the joint and several obligation of the Company Borrowers to repay such Loan shall nevertheless be to such Lender and shall be deemed held by it, to the extent of such Loan, for the account of such branch or Affiliate.
Appears in 1 contract
Samples: Credit Agreement (Roadrunner Transportation Services Holdings, Inc.)
Right of Lenders to Fund through Other Offices. Each Lender may, if it so elects, fulfill its commitment as to any LIBOR Loan by causing a foreign branch or Affiliate of such Lender to make such LIBOR Loan; provided that in such event for the purposes of this Agreement such Loan shall be deemed to have been made by such Lender and the obligation of the Company Loan Parties to repay such LIBOR Loan shall nevertheless be to such Lender and shall be deemed held by it, to the extent of such LIBOR Loan, for the account of such branch or Affiliate.
Appears in 1 contract
Samples: Credit Agreement (UTi WORLDWIDE INC)
Right of Lenders to Fund through Other Offices. Each Lender may, if it so elects, fulfill its commitment as to any LIBOR Loan by causing a foreign branch or Affiliate of such Lender to make such Loan; provided that in such event for the purposes of this Agreement such Loan shall be deemed to have been made by such Lender Lender, and the obligation of the Company to repay such Loan shall nevertheless be to such Lender and shall be deemed held by it, to the extent of such Loan, for the account of such branch or Affiliate.
Appears in 1 contract
Right of Lenders to Fund through Other Offices. Each Lender may, if it so elects, fulfill its commitment as to any LIBOR Loan by causing a foreign branch or Affiliate of such Lender to make such Loan; provided that in such event for the purposes of this Agreement such Loan shall be deemed to have been made by such Lender and the obligation of the Company to repay such Loan shall nevertheless be to such Lender and shall be deemed held by it, to the extent of such Loan, for the account of such branch or Affiliate.shall
Appears in 1 contract
Right of Lenders to Fund through Other Offices. Each Lender ---------------------------------------------- may, if it so elects, fulfill its commitment Commitment as to any LIBOR Rate Loan by causing a foreign branch or Affiliate of such Lender its Lending Office to make such Loan; provided that in such event for -------- ---- the purposes of this Agreement Agreement, such Loan shall be deemed to have been made by such Lender and the obligation of the Company Borrower to repay such Loan shall nevertheless be to such Lender and shall be deemed held by it, to the extent of such Loan, for the account of such branch or Affiliateaffiliate.
Appears in 1 contract
Right of Lenders to Fund through Other Offices. Each Lender ---------------------------------------------- may, if it so elects, fulfill its commitment as to any LIBOR Loan by causing a foreign branch or Affiliate of such Lender to make such Loan; provided -------- that in such event for the purposes of this Agreement such Loan shall be deemed to have been made by such Lender and the obligation of the Company Loan Parties to repay such Loan shall nevertheless be to such Lender and shall be deemed held by it, to the extent of such Loan, for the account of such branch or Affiliate.
Appears in 1 contract
Right of Lenders to Fund through Other Offices. Each Lender may, if it so elects, fulfill its commitment as to any LIBOR Loan by causing a foreign branch or Affiliate of such Lender to make such Loan; provided that in such event for the purposes of this Agreement such Loan shall be deemed to have been made by such Lender and the obligation of the Company such Borrower to repay such Loan shall nevertheless be to such Lender and shall be deemed held by it, to the extent of such Loan, for the account of such branch or Affiliate.
Appears in 1 contract
Samples: Loan and Security Agreement (Broadwind Energy, Inc.)
