Common use of Loans and Borrowings Clause in Contracts

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans under the same Facility and of the same Type made by the Lenders ratably in accordance with their respective Commitments under the applicable Facility (or, in the case of Swingline Loans, in accordance with their respective Swingline Commitments); provided, however, that Revolving Facility Loans of any Class shall be made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such Loans are made hereunder. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

Appears in 50 contracts

Samples: Incremental Assumption and Amendment Agreement (ADT Inc.), Incremental Assumption and Amendment Agreement (ADT Inc.), Credit Agreement (United Parks & Resorts Inc.)

AutoNDA by SimpleDocs

Loans and Borrowings. (a) Each Revolving Loan shall be made as part of a Borrowing consisting of Revolving Loans under the same Facility and of the same Type made by the Lenders ratably in accordance with their respective Commitments under the applicable Facility (or, in the case of Swingline Loans, in accordance with their respective Swingline Revolving Commitments); provided, however, that Revolving Facility Loans of any Class . Each Term Loan shall be made as part of a Borrowing consisting of Term Loans made by the Revolving Facility Term Loan Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such Loans are made hereunderTerm Loan Commitments. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

Appears in 11 contracts

Samples: Revolving Credit and Term Loan Agreement (Invitation Homes Inc.), Revolving Credit and Term Loan Agreement (Invitation Homes Inc.), Credit and Term Loan Agreement (Taubman Centers Inc)

Loans and Borrowings. (a) Each Revolving Loan shall be made as part of a Borrowing consisting of Revolving Loans under the same Facility and of the same Type made by the Revolving Lenders ratably in accordance with their respective Commitments under the applicable Facility (or, in the case of Swingline Loans, in accordance with their respective Swingline Revolving Commitments); provided, however, that Revolving Facility Loans of any Class . Each Term Loan shall be made as part of a Borrowing consisting of Term Loans made by the Revolving Facility Term Loan Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such Loans are made hereunderTerm Loan Commitments. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

Appears in 9 contracts

Samples: Revolving Credit and Term Loan Agreement (Veris Residential, L.P.), Credit Agreement (Service Corp International), Revolving Credit and Term Loan Agreement (Veris Residential, L.P.)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans under the same Facility and of the same Type made by the Lenders ratably in accordance with their respective Commitments under the applicable Facility (or, in the case of Swingline Loans, in accordance with their respective Swingline Commitments); provided, however, that Revolving Facility Loans of any Class shall be made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such Loans are made hereunder. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

Appears in 8 contracts

Samples: Reaffirmation Agreement (Alpha Natural Resources, Inc.), Credit Agreement (Alpha Natural Resources, Inc.), Credit Agreement (Massey Energy Co)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans under the same Facility and of the same Type made by the Lenders ratably in accordance with their respective Commitments under the applicable Facility (or, in the case of Swingline Loans, in accordance with their respective Swingline Commitments); provided, however, that Revolving Facility Loans of any Class shall be made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such Loans are made hereunder. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

Appears in 7 contracts

Samples: Credit Agreement (Claires Stores Inc), Credit Agreement (Rexnord Corp), Credit Agreement (Verso Paper Holdings LLC)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans under the same Facility and of the same Type made by the Lenders ratably in accordance with their respective Commitments under the applicable Facility (or, in the case of Swingline Loans, in accordance with their respective Swingline Dollar Commitments or Swingline Foreign Currency Commitments, as applicable); provided, however, that Global Revolving Facility Loans of any Class under the Global Revolving Facility shall be made by the Global Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages Available Unused Commitments on the date such Loans are made hereunder. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s 's failure to make Loans as required.

Appears in 7 contracts

Samples: Credit Agreement (TRW Automotive Inc), Credit Agreement (TRW Automotive Holdings Corp), Credit Agreement (TRW Automotive Inc)

Loans and Borrowings. (a) Each Loan to the Borrower shall be made as part of a Borrowing consisting of Loans under the same Facility and of the same Type and in the same currency made by the Lenders ratably in accordance with their respective Commitments under the applicable Facility (or, in the case of Swingline Loans, ratably in accordance with their respective Swingline Commitments); provided, however, that Revolving Facility Loans of any Class shall be made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such Loans are made hereunder. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

Appears in 6 contracts

Samples: Credit Agreement (Triangle Petroleum Corp), Credit Agreement (Crestwood Midstream Partners LP), Credit Agreement (Crestwood Midstream Partners LP)

Loans and Borrowings. (a) Each Loan to the Borrower shall be made as part of a Borrowing consisting of Loans under the same Facility and of the same Type and in U.S. Dollars made by the Lenders ratably in accordance with their respective Commitments under the applicable Facility (or, in the case of Swingline Loans, ratably in accordance with their respective Swingline Commitments); provided, however, that Revolving Facility Loans of any Class shall be made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such Loans are made hereunder. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

Appears in 6 contracts

Samples: Credit Agreement (Crestwood Midstream Partners LP), Credit Agreement (Crestwood Equity Partners LP), Credit Agreement (Crestwood Equity Partners LP)

Loans and Borrowings. (a) Each Revolving Loan shall be made as part of a Borrowing consisting of Revolving Loans under the same Facility and of the same Type made by the Revolving Lenders ratably in accordance with their respective Commitments under the applicable Facility (or, in the case of Swingline Loans, in accordance with their respective Swingline Revolving Commitments); provided, however, that Revolving Facility Loans of any Class . Each Term Loan shall be made as part of a Borrowing on the Effective Date consisting of Term Loans made by the Revolving Facility Term Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such Loans are made hereunderTerm Loan Commitments. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. Any Swingline Loan shall be made in accordance with the procedures set forth in Section 2.05. The Term Loans shall amortize as set forth in Section 2.10.

Appears in 6 contracts

Samples: Credit Agreement (Progress Software Corp /Ma), Credit Agreement (Haemonetics Corp), Credit Agreement (Progress Software Corp /Ma)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans under the same Facility and of the same Type made by the Lenders ratably in accordance with their respective Commitments under the applicable Facility (or, in the case of Swingline Loans, in accordance with their respective Swingline Commitments); provided, however, that Revolving Facility Loans of any Class shall be made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such Loans are made hereunder. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s 's failure to make Loans as required.

Appears in 5 contracts

Samples: Credit Agreement (Alpha NR Holding Inc), Credit Agreement (Nuance Communications, Inc.), Credit Agreement (Nuance Communications, Inc.)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans under the same Facility and of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments under of the applicable Facility Class (or, in the case of Swingline Loans, in accordance with their respective Swingline Commitments); provided, however, that Revolving Facility Loans of any Class Tranche shall be made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Tranche Percentages in respect of such Tranche on the date such Loans are made hereunder. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

Appears in 5 contracts

Samples: Intercreditor Agreement (Hexion Specialty Chemicals, Inc.), Credit Agreement (Hexion Specialty Chemicals, Inc.), Credit Agreement (Hexion Specialty Chemicals, Inc.)

Loans and Borrowings. (a) Each Revolving Loan shall be made as part of a Borrowing consisting of Revolving Loans under the same Facility and of the same Type made by the Lenders ratably in accordance with their respective Commitments under the applicable Facility (or, in the case of Swingline Loans, in accordance with their respective Swingline Revolving Commitments); provided, however, that Revolving Facility Loans of any Class . Each Term Loan shall be made as part of a Borrowing consisting of Term Loans made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such Loans are made hereunderTerm Commitments. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

Appears in 4 contracts

Samples: Credit Agreement (Emmis Communications Corp), Credit Agreement (Fortune Brands Home & Security, Inc.), Credit Agreement (Fortune Brands Home & Security LLC)

Loans and Borrowings. (a) Each Revolving Loan or Term Loan shall be made as part of a Borrowing for such Loans, consisting of Loans under the same Facility and of the same Type and Class made by the applicable Lenders ratably in accordance with their respective Commitments under for the applicable Facility (orrequested Class of Loans to be borrowed, and the Borrower may request, in the case of Swingline Loansits discretion, in accordance with their respective Swingline Commitments); provided(i) Revolving Loans to be made, however, that Revolving Facility (ii) Term Loans of any Class shall to be made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such as Term Loan A1 or Term Loan A2 or a combination thereof or (iii) Term Loans are to be made hereunderas Term Loan A3. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

Appears in 4 contracts

Samples: Credit Agreement (Seagate Technology Holdings PLC), Credit Agreement (Seagate Technology Holdings PLC), Credit Agreement (Seagate Technology Holdings PLC)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans under the same Facility and of the same Type and in the same currency made by the Lenders ratably in accordance with their respective Commitments under the applicable Facility (or, in the case of Swingline Loans, in accordance with their respective the Swingline CommitmentsLender’s Swingline Commitment); provided, however, that Revolving Facility Loans of any Class shall be made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such Loans are made hereunder. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

Appears in 3 contracts

Samples: Lease Agreement (Chart Industries Inc), Lease Agreement (Chart Industries Inc), Credit Agreement (Chart Industries Inc)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans under the same Revolving Facility and of the same Type made by the Lenders ratably in accordance with their respective Commitments under the applicable Revolving Facility (or, or in the case of Swingline Swing Line Loans, in accordance with their respective Swingline Swing Line Commitments); provided, however, that Revolving Facility Loans of any Class shall be made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such Loans are made hereunder. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

Appears in 3 contracts

Samples: Credit Agreement (Constellium SE), Credit Agreement (Constellium N.V.), Credit Agreement (Constellium N.V.)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans under the same Facility and of the same Type and currency made by the Lenders ratably in accordance with their respective Commitments under the applicable Facility (or, in the case of Swingline Loans, in accordance with their respective Swingline Commitments); provided, however, that Revolving Facility Loans of any Class shall be made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such Loans are made hereunder. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

Appears in 3 contracts

Samples: Incremental Assumption Agreement (Mallinckrodt PLC), Credit Agreement (Mallinckrodt PLC), Credit Agreement (Mallinckrodt PLC)

Loans and Borrowings. (a) Each Revolving Facility Loan and Term Loan shall be made as part of a Borrowing consisting of Loans under the same Facility and of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments under the applicable Facility (or, in the case of Swingline Loans, in accordance with their respective Swingline Commitments)Facility; provided, however, that Revolving Facility Loans of under any Class Revolving Facility shall be made by the Revolving Facility Lenders of under such Class Revolving Facility ratably in accordance with their respective Revolving Facility Percentages under such Revolving Facility on the date such Loans are made hereunder. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

Appears in 3 contracts

Samples: Credit Agreement (Caesars Entertainment Operating Company, Inc.), Credit Agreement (CAESARS ENTERTAINMENT Corp), Credit Agreement (CAESARS ENTERTAINMENT Corp)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans under the same Facility and of the same Type made by the Lenders ratably in accordance with their respective Commitments under the applicable Facility (or, in the case of Swingline Loans, in accordance with their respective Swingline Commitments); provided, however, that Revolving Facility Loans of any Class shall be made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such Loans are made hereunder. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, provided further that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

Appears in 3 contracts

Samples: Credit Agreement (Apollo Global Management, Inc.), Credit Agreement (Apollo Asset Management, Inc.), Credit Agreement (Apollo Global Management LLC)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans under the same Facility and of the same Type made by the Lenders ratably in accordance with their respective Commitments under the applicable Facility (or, in the case of Swingline Loans, in accordance with their respective Swingline Commitments); provided, however, that Revolving Facility Loans of any Class shall be made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such Loans are made hereunder. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

Appears in 3 contracts

Samples: Intercreditor Agreement (Driven Brands Holdings Inc.), Credit Agreement (Driven Brands Holdings Inc.), Incremental Assumption and Amendment Agreement (PlayAGS, Inc.)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans under the same Revolving Facility and of the same Type made by the Lenders ratably in accordance with their respective Commitments under the applicable Revolving Facility (or, in the case of Swingline Loans, in accordance with their respective Swingline Commitments); provided, however, that Revolving Facility Loans of any Class shall be made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such Loans are made hereunder. The failure of any Lender to make or assume any Loan required to be made or assumed by it shall not relieve any other Lender of its obligations hereunder; provided, provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

Appears in 3 contracts

Samples: Credit Agreement (Hughes Network Systems, LLC), Credit Agreement (Hughes Communications, Inc.), Credit Agreement (Hughes Communications, Inc.)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans under the same Facility and of the same Type made by the Lenders ratably in accordance with their respective Commitments under the applicable Facility (or, in the case of Swingline Loans, in accordance with their respective Swingline Commitments); provided, however, that Revolving Facility Loans of any Class shall be made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such Loans are made hereunder. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

Appears in 3 contracts

Samples: Credit Agreement (Enhabit, Inc.), Credit Agreement (Enhabit, Inc.), Credit Agreement (Encompass Health Corp)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans under of the same Facility Class and of the same Type made by the Lenders ratably in accordance with their respective Commitments under the applicable Facility Class (or, in the case of Swingline Loans, in accordance with their respective Swingline Commitments); provided, however, that Revolving Facility Loans of any Class shall be made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such Revolving Facility Loans are made hereundermade. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Nuance Communications, Inc.), Revolving Credit Agreement (Nuance Communications, Inc.), Revolving Credit Agreement (Nuance Communications, Inc.)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans under the same Facility and of the same Type made by the Lenders ratably in accordance with their respective Commitments under to make Loans of the applicable Facility (orClass, in the case provided that Borrowings of Swingline Loans, in accordance with their respective Swingline Commitments); provided, however, that Revolving Facility Loans shall consist of any Class shall be Loans made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Available Revolving Facility Percentages on the date such Loans are made hereunderCredit Commitments. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s 's failure to make Loans as required.

Appears in 3 contracts

Samples: Credit Agreement (TBC Corp), Credit Agreement (TBC Corp), Credit Agreement (TBC Corp)

Loans and Borrowings. (a) Each Revolving Loan shall be made as part of a Borrowing consisting of Revolving Loans under the same Facility and of the same Type made by the Lenders ratably in accordance with their respective Commitments under the applicable Facility (or, in the case of Swingline Loans, in accordance with their respective Swingline Revolving Commitments); provided, however, that Revolving Facility Loans of any Class . Each Term B Loan shall be made as part of a Borrowing consisting of Term B Loans made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such Loans are made hereunderTerm B Commitments. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

Appears in 3 contracts

Samples: Credit Agreement (Welbilt, Inc.), Security Agreement (Manitowoc Foodservice, Inc.), Security Agreement (Manitowoc Foodservice, Inc.)

Loans and Borrowings. (a) Each Revolving Loan shall be made as part of a Borrowing consisting of Loans under the same Revolving Facility and of the same Type made by the Lenders ratably in accordance with their respective Commitments under the applicable Revolving Facility (or, in the case of Swingline Loans, in accordance with their respective Swingline Commitments); provided, however, that Revolving Facility Loans of any Class shall be made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages Pro Rata Shares on the date such Loans are made hereunder. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

Appears in 3 contracts

Samples: Credit Agreement (Berry Plastics Group Inc), Revolving Credit Agreement (Berry Plastics Corp), Revolving Credit Agreement (Covalence Specialty Adhesives LLC)

Loans and Borrowings. (a) Each Revolving Loan shall be made as part of a Borrowing consisting of Revolving Loans under the same Facility and of the same Type made by the Lenders ratably in accordance with their respective Commitments under the applicable Facility (or, in the case of Swingline Loans, Revolving Commitments. Each Competitive Loan and Negotiated Rate Loan shall be made in accordance with their respective Swingline Commitments); provided, however, that Revolving Facility Loans of any Class shall be made by the Revolving Facility Lenders of such Class ratably procedures set forth in accordance with their respective Revolving Facility Percentages on the date such Loans are made hereunderSection 2.04. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, provided that the Commitments Revolving Commitments, Negotiated Rate Loan agreements, and Competitive Bids of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

Appears in 3 contracts

Samples: Credit Agreement (Beam Inc), Year Revolving Credit Agreement (Fortune Brands Inc), Year Revolving Credit Agreement (Fortune Brands Inc)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans under the same Facility and of the same Type made by the Lenders ratably in accordance with their respective Commitments under the applicable Facility (or, in the case of Swingline Loans, in accordance with their respective Swingline Dollar Commitments or Swingline Euro Commitments, as applicable); provided, however, that Revolving Facility Loans of any Class shall be made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such Loans are made hereunder. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

Appears in 2 contracts

Samples: Credit Agreement (Nalco Holding CO), Credit Agreement (New Skies Satellites Holdings Ltd.)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans under the same Facility and of the same Type made by the Lenders ratably in accordance with their respective Commitments under the applicable Facility (or, in the case of Term Loans or Swingline Loans, in accordance with their respective Term Loan Commitments or Swingline Commitments, as applicable); provided, however, that Revolving Facility Loans of any Class shall be made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such Loans are made hereunder. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

Appears in 2 contracts

Samples: Credit Agreement (Generac Holdings Inc.), Credit Agreement (Generac Holdings Inc.)

Loans and Borrowings. (a) Each Term Loan shall be made as part of a Borrowing consisting of Term Loans under made by the same Facility and Lenders ratably in accordance with their Term Commitments. Each Revolving Loan shall be made as part of the same Type a Borrowing consisting of Revolving Loans made by the Lenders ratably in accordance with their respective Commitments under the applicable Facility (or, in the case of Swingline Loans, in accordance with their respective Swingline Revolving Commitments); provided, however, that Revolving Facility Loans of any Class shall be made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such Loans are made hereunder. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

Appears in 2 contracts

Samples: Credit Agreement (Parexel International Corp), Credit Agreement (Parexel International Corp)

Loans and Borrowings. (a) Each Revolving Loan shall be made as part of a Borrowing consisting of Revolving Loans under the same Facility and of the same Type made by the Lenders ratably in accordance with their respective Commitments under the applicable Facility (or, in the case of Swingline Loans, in accordance with their respective Swingline Revolving Commitments); provided, however, that Revolving Facility Loans of any Class . Each Term Loan shall be made as a part of a Borrowing consisting of Term Loans made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such Loans are made hereunderTerm Commitments. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as requiredrequired hereby.

Appears in 2 contracts

Samples: Credit Agreement (Argo Group International Holdings, Ltd.), Credit Agreement (Argo Group International Holdings, Ltd.)

Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans under the same Facility and of the same Class and Type made by the applicable Lenders ratably in accordance with their respective Commitments under of the applicable Facility (or, in the case Class; provided that any Borrowing of Swingline Loans, in accordance with their respective Swingline Commitments); provided, however, that Revolving Facility Loans of any Class shall be made by pro rata between the Class A Revolving Facility Lenders of such Commitments and the Class ratably B Revolving Commitments in accordance with their proportion to the respective Revolving Facility Percentages on the date Commitments under each such Loans are made hereunderRevolving Credit Facility. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, provided that the Commitments of the Lenders are several and and, other than as expressly provided herein with respect to a Defaulting Lender, no Lender shall be responsible for any other Lender’s failure to make Loans as requiredrequired hereby.

Appears in 2 contracts

Samples: Credit Agreement (GoHealth, Inc.), The Credit Agreement (GoHealth, Inc.)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans under the same Facility and of the same Type made by the Lenders ratably in accordance with their respective Commitments under the applicable Facility (or, in the case of Swingline Loans, in accordance with their respective Swingline Dollar Commitments); provided, however, that New Revolving Facility Loans of any Class shall be made by the New Revolving Facility Lenders of such Class ratably in accordance with their respective New Revolving Facility Percentages on the date such Loans are made hereunder. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

Appears in 2 contracts

Samples: Credit Agreement (Foundation Coal Holdings, Inc.), Credit Agreement (Foundation Coal Holdings, Inc.)

Loans and Borrowings. (a) Each Revolving Loan shall be made as part of a Borrowing consisting of Revolving Loans under the same Facility and of the same Type Class made by the Lenders ratably in accordance with their respective Commitments under the applicable Facility (or, in the case of Swingline Loans, such Class. B/A Drawings shall be made in accordance with their respective Swingline Commitments); provided, however, that Revolving Facility Loans of any Class shall be made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such Loans are made hereunderSection 2.07. The failure of any Lender to make any Loan (or provide its share of any B/A Drawings) required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans (or provide its share of any B/A Drawings) as required.

Appears in 2 contracts

Samples: Credit Agreement (Sysco Corp), Credit Agreement (Sysco Corp)

Loans and Borrowings. (a) Each Loan to an applicable Borrower shall be made as part of a Borrowing consisting of Loans under the same Facility and of the same Type and in the same currency made by the Lenders ratably in accordance with their respective Commitments under the applicable Revolving Facility (or, in the case of Swingline Loans, in accordance with their respective Swingline Commitments); provided, however, that Revolving Facility Loans of any Class shall be made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such Loans are made hereunder. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

Appears in 2 contracts

Samples: Credit Agreement (CHC Group Ltd.), Credit Agreement (CHC Group Ltd.)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans under the same Facility and of the same Type made by the Lenders ratably in accordance with their respective Commitments under the applicable Facility (or, or in the case of Swingline Swing Line Loans, in accordance with their respective Swingline Swing Line Commitments); provided, however, that Revolving Facility Loans of any Class shall be made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such Loans are made hereunder. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

Appears in 2 contracts

Samples: Abl Credit Agreement (Constellium Holdco B.V.), Abl Credit Agreement (Constellium Holdco B.V.)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans under the same Facility and of the same Type made by the Lenders ratably in accordance with their respective Commitments under the applicable Facility (or, in the case of Swingline Loans, in accordance with their respective Swingline Dollar Commitments or Swingline Foreign Currency Commitments, as applicable); provided, however, that Global Revolving Facility Loans of any Class under the Global Revolving Facility shall be made by the Global Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages Available Unused Commitments on the date such Loans are made hereunder. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

Appears in 2 contracts

Samples: Credit Agreement (TRW Automotive Holdings Corp), Credit Agreement (TRW Automotive Holdings Corp)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans under the same Facility and of the same Type and in the same currency made by the Lenders ratably in accordance with their respective Commitments under the applicable Facility (or, in the case of Swingline Loans, in accordance with their respective Swingline Commitments); provided, however, that Revolving Facility Loans of any Class shall be made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such Loans are made hereunder. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

Appears in 2 contracts

Samples: Credit Agreement (Dresser-Rand Group Inc.), Credit Agreement (Dresser Inc)

AutoNDA by SimpleDocs

Loans and Borrowings. (a) Each Revolving Loan shall be made as part of a Borrowing consisting of Revolving Loans under the same Facility and of the same Type made by the Revolving Lenders ratably in accordance with their respective Commitments under the applicable Facility (or, in the case of Swingline Loans, in accordance with their respective Swingline Revolving Commitments); provided, however, that Revolving Facility Loans of any Class . Each U.S. Loan shall be made as part of a Borrowing consisting of U.S. Loans made by the Revolving Facility U.S. Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on U.S. Commitments. Each Competitive Loan and Negotiated Rate Loan shall be made in accordance with the date such Loans are made hereunderprocedures set forth in Section 2.04. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, provided that the Commitments and Competitive Bids of the Lenders are several and no Lender shall be responsible for any other Lender’s 's failure to make Loans as required.

Appears in 1 contract

Samples: Fortune Brands Inc

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans under of the same Facility Class and of the same Type made by the Lenders ratably in accordance with their respective Commitments under the applicable Facility Class (or, in the case of Swingline Loans, in accordance with their respective Swingline Commitments); provided, however, that Revolving Facility Loans of any Class shall be made by the Tranche 3 Revolving Facility Lenders of such Class ratably in accordance with their respective Tranche 3 Revolving Facility Percentages on the date such Revolving Facility Loans are made hereundermade. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

Appears in 1 contract

Samples: Credit Agreement (Nuance Communications, Inc.)

Loans and Borrowings. (a) Each Revolving Loan shall be made as part of a Borrowing consisting of Revolving Loans under the same Facility and of the same Type made by the Lenders ratably in accordance with their respective Commitments under the applicable Facility (or, in the case of Swingline Loans, in accordance with their respective Swingline Revolving Commitments); provided, however, that Revolving Facility Loans of any Class . The Term Loan shall be made as part of a Borrowing on the Effective Date consisting of Term Loans made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such Loans are made hereunderTerm Commitments. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

Appears in 1 contract

Samples: Credit Agreement (Natural Grocers by Vitamin Cottage, Inc.)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans under the same Facility and of the same Type and in the same currency made by the Lenders ratably in accordance with their respective Commitments under the applicable Facility (or, in the case of Swingline Loans, in accordance with their respective Swingline Commitments); provided, however, that Revolving Facility Loans of any Class shall be made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such Loans are made hereunder. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s 's failure to make Loans as required.

Appears in 1 contract

Samples: Credit Agreement (Dresser-Rand Group Inc.)

Loans and Borrowings. (a) iii. Each Loan shall be made as part of a Borrowing consisting of Loans under the same Facility and of the same Type made by the Lenders ratably in accordance with their respective Commitments under the applicable Facility (or, in the case of Swingline Loans, in accordance with their respective Swingline Commitments); provided, however, that Revolving Facility Loans of any Class shall be made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such Loans are made hereunder. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

Appears in 1 contract

Samples: Credit Agreement (RBS Global Inc)

Loans and Borrowings. (a) Each Revolving Loan shall be made as part of a Borrowing consisting of Loans under the same Revolving Facility and of the same Type made by the Lenders ratably in accordance with their respective Commitments under the applicable Revolving Facility (or, in the case of Swingline Loans, in accordance with their respective Swingline Commitments); provided, however, that Revolving Facility Loans of any Class shall be made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages Pro Rata Shares on the date such Loans are made hereunder. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.. 64

Appears in 1 contract

Samples: Revolving Credit Agreement (Berry Plastics Corp)

Loans and Borrowings. (aii) Each Loan shall be made as part of a Borrowing consisting of Loans under the same Facility and of the same Type made by the Lenders ratably in accordance with their respective Commitments under the applicable Facility (or, in the case of Swingline Loans, in accordance with their respective Swingline Commitments); provided, however, that Revolving Facility Loans of any Class shall be made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such Loans are made hereunder. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

Appears in 1 contract

Samples: Credit Agreement (Berry Plastics Holding Corp)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans under the same Facility and of the same Type and in the same currency made by the Lenders ratably in accordance with their respective Commitments under the applicable Facility (or, in the case of Swingline Loans, in accordance with their respective CI Acquisition Credit Agreement Swingline Commitments); provided, however, that Revolving Facility Loans of any Class shall be made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such Loans are made hereunder. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

Appears in 1 contract

Samples: Credit Agreement (Chart Industries Inc)

Loans and Borrowings. (a) Each Term Loan shall be made as part of a Borrowing consisting of Term Loans under the same Facility and of the same Type made by the Lenders ratably in accordance with their respective Commitments under the applicable Facility (or, in the case of Swingline Loans, in accordance with their respective Swingline Term Loan Commitments); provided, however, that . Each Revolving Facility Loans of any Class Credit Loan shall be made as part of a Borrowing consisting of Revolving Credit Loans made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such Loans are made hereunderCredit Commitments. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

Appears in 1 contract

Samples: Credit Agreement (Kinder Morgan, Inc.)

Loans and Borrowings. (a) Each Revolving Loan shall be made as part of a Borrowing consisting of Revolving Loans under the same Facility and of the same Type made by the Revolving Lenders ratably in accordance with their respective Commitments under the applicable Facility (or, in the case of Swingline Loans, in accordance with their respective Swingline Revolving Commitments); provided, however, that Revolving Facility Loans of any Class . Each U.S. Loan shall be made as part of a Borrowing consisting of U.S. Loans made by the Revolving Facility U.S. Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on U.S. Commitments. Each Competitive Loan and Negotiated Rate Loan shall be made in accordance with the date such Loans are made hereunderprocedures set forth in Section 2.04. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, provided that the Commitments and Competitive Bids of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

Appears in 1 contract

Samples: Year Revolving Credit Agreement (Fortune Brands Inc)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans under the same Facility and of the same Type made by the Lenders ratably in accordance with their respective Commitments under the applicable Facility (or, in the case of Swingline Loans, in accordance with their respective Swingline Dollar Commitments or Swingline Euro Commitments, as applicable); provided, however, that Revolving Facility Loans of any Class shall be made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such Loans are made hereunder. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s 's failure to make Loans as required.

Appears in 1 contract

Samples: Credit Agreement (Nalco Energy Services Equatorial Guinea LLC)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans under the same Facility and of the same Type made by the Lenders ratably in accordance with their respective Commitments under the applicable Facility (or, in the case of Swingline Loans, in accordance with their respective Swingline Commitments); provided, however, that Revolving Facility Loans of any Class shall be made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such Loans are made hereunder. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s 's failure to make Loans as required.

Appears in 1 contract

Samples: Credit Agreement (Claires Stores Inc)

Loans and Borrowings. (a) Each Revolving Loan shall be made as part of a Borrowing consisting of Loans under the same Facility and of the same Type made by the Lenders ratably in accordance with their respective Commitments under the applicable Facility (or, in the case of Swingline Loans, in accordance with their respective Swingline Commitments); provided, however, that Revolving Facility Loans of any Class shall be made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such Loans are made hereunderCommit- ments. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, provided that (x) the Revolving Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as requiredrequired and (y) the failure of any Affiliated Lender to make any Loan required to be made by it shall relieve each other Lender that is not an Affiliated Lender of any obligations to make any Loans pursuant to such Borrowing.

Appears in 1 contract

Samples: Revolving Credit Agreement (American Media Inc)

Loans and Borrowings. (aii) Each Revolving Loan shall be made as part of a Borrowing consisting of Loans under the same Revolving Facility and of the same Type made by the Lenders ratably in accordance with their respective Commitments under the applicable Revolving Facility (or, in the case of Swingline Loans, in accordance with their respective Swingline Commitments); provided, however, that Revolving Facility Loans of any Class shall be made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages Pro Rata Shares on the date such Loans are made hereunder. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

Appears in 1 contract

Samples: Revolving Credit Agreement (Berry Plastics Holding Corp)

Loans and Borrowings. (a) Each Revolving Loan shall be made as part of a Borrowing consisting of Revolving Loans under the same Facility and of the same Type made by the Lenders ratably in accordance with their respective Commitments under the applicable Facility (or, in the case of Swingline Loans, in accordance with their respective Swingline Revolving Credit Commitments); provided, however, that Revolving Facility Loans of any Class . Each Term Loan shall be made as part of a Borrowing consisting of Term Loans made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such Loans are made hereunderTerm Loan Commitments. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s 's failure to make Loans as required.

Appears in 1 contract

Samples: Credit Agreement (Lydall Inc /De/)

Loans and Borrowings. (a) Each Revolving Loan shall be made as part of a Borrowing consisting of Revolving Loans under the same Facility and of the same Type made by the Lenders ratably in accordance with their respective Commitments under the applicable Facility (or, in the case of Swingline Loans, in accordance with their respective Swingline Revolving Commitments); provided, however, that Revolving Facility Loans of any Class . Each Term Loan shall be made as part of a Borrowing consisting of Term Loans made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such Loans are made hereunderTerm Loan Commitments. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

Appears in 1 contract

Samples: Credit Agreement (Emmis Communications Corp)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans under the same Facility and of the same Type made by the Lenders ratably in accordance with their respective Commitments under the applicable Facility (or, or in the case of Swingline Swing Line Loans, in accordance with their respective Swingline CommitmentsSwing Line Commitment, and in the case of Incremental Revolving Facility Loans, in accordance with the Incremental Revolving Facility Commitment); provided, however, that Revolving Facility Loans of any Class shall be made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such Loans are made hereunder. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, that the Commitments of the Lenders are several several, and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

Appears in 1 contract

Samples: Petition Credit Agreement (Noranda Aluminum Holding CORP)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans under the same Facility and of the same Type Class made by the Lenders ratably in accordance with their respective Commitments under the applicable Facility (oror Swingline Commitments, as applicable; provided that Swingline Loans may be borrowed on a non-ratable basis upon or after any change in the case of Swingline LoansCommitments, as contemplated by Section 2.04(d) or (e), if, after giving effect to such borrowing, the outstanding Swingline Loans are held by the Swingline Lenders ratably in accordance with their respective Swingline Commitments); provided, however, that Revolving Facility Loans of any Class shall be made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such Loans are made hereunder. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, provided that the Commitments and Swingline Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s 's failure to make Loans as required.

Appears in 1 contract

Samples: Credit Agreement (Willis Group Holdings LTD)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans under the same Facility and of the same Type made by the Lenders ratably in accordance with their respective Commitments under the applicable Facility (or, in the case of Swingline Loans, in accordance with their respective Swingline Commitments); provided, however, that Revolving Facility Loans of any Class shall be made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such Loans are made hereunder. The failure of any Lender to make or assume any Loan required to be made or assumed by it shall not relieve any other Lender of its obligations hereunder; provided, provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

Appears in 1 contract

Samples: Credit Agreement (Hughes Communications, Inc.)

Loans and Borrowings. (a) Each Term Loan and each Revolving Loan made pursuant to Section 2.01(a) shall be made as part of a Borrowing consisting of Loans under the same Facility and of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments under of the applicable Facility (or, in the case of Swingline Loans, in accordance with their respective Swingline Commitments); provided, however, that Class. Each Revolving Facility Loans of any Class Loan made pursuant to Section 2.01(b) shall be made as part of a Borrowing consisting of Loans of the same Type made by the Revolving Facility Fronting Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such Loans are made hereunderapplicable Foreign Borrower Commitments. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, PROVIDED that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s 's failure to make Loans as required.

Appears in 1 contract

Samples: Credit Agreement (Benchmark Electronics Inc)

Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans under the same Facility and of the same Type made by the Lenders ratably in accordance with their respective Commitments under the applicable Facility (or, in the case of Swingline Loans, in accordance with their respective Swingline Dollar Commitments); provided, however, that Revolving Facility Loans of any Class shall be made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such Loans are made hereunder. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s 's failure to make Loans as required.

Appears in 1 contract

Samples: Credit Agreement (Foundation Coal Holdings, Inc.)

Loans and Borrowings. (a) Each Loan to an applicable Borrower shall be made as part of a Borrowing consisting of Loans under the same Facility and of the same Type and in the same currency made by the Lenders ratably in accordance with their respective Commitments under the applicable Revolving Facility (or, in the case of Swingline Loans, in accordance with their respective Swingline Commitments); provided, however, that Revolving Facility Loans of any Class shall be made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such Loans are made hereunder. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

Appears in 1 contract

Samples: Credit Agreement (Integra Leasing As)

Loans and Borrowings. (a) Each Term Loan and each Revolving Loan made pursuant to Section 2.01(a) shall be made as part of a Borrowing consisting of Loans under the same Facility and of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments under of the applicable Facility (or, in the case of Swingline Loans, in accordance with their respective Swingline Commitments); provided, however, that Class. Each Revolving Facility Loans of any Class Loan made pursuant to Section 2.01(b) shall be made as part of a Borrowing consisting of Loans of the same Type made by the Revolving Facility Fronting Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such Loans are made hereunderapplicable Foreign Borrower Commitments. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s 's failure to make Loans as required.

Appears in 1 contract

Samples: Credit Agreement (Benchmark Electronics Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.