Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 16 contracts
Samples: Credit Agreement (Athena Spinco Inc.), Management Agreement (Pacific Drilling S.A.), Management Agreement (Pacific Drilling S.A.)
Pro Rata Borrowings. All Borrowings of Term Loans under this Agreement Agreement, subject to Section 2.10(d), shall be incurred from the Lenders pro rata on the basis of their Commitmentssuch Lenders’ Commitments as the case may be. It is understood that no No Lender shall be responsible for any default by any other Lender of its obligation to make Term Loans hereunder hereunder, and that each Lender shall be obligated to make the Term Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Term Loans hereunder.
Appears in 12 contracts
Samples: Credit Agreement (VERRA MOBILITY Corp), Credit Agreement (VERRA MOBILITY Corp), Term Loan Credit Agreement (Vertiv Holdings Co)
Pro Rata Borrowings. All Borrowings of Term Loans and Revolving Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Term Loan Commitments or Revolving Loan Commitments, as the case may be. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 10 contracts
Samples: Credit Agreement (Diamond S Shipping Inc.), Credit Agreement (Athena Spinco Inc.), Credit Agreement (International Money Express, Inc.)
Pro Rata Borrowings. All Borrowings of Revolving Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Revolving Loan Commitments, provided that all Mandatory Borrowings shall be incurred from the Lenders pro rata on the basis of their RL Percentages. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 9 contracts
Samples: Credit Agreement (Mobile Mini Inc), Credit Agreement (Mobile Mini Inc), Credit Agreement (Mobile Mini Inc)
Pro Rata Borrowings. All Borrowings Each Borrowing of Loans under this Agreement shall be incurred from granted by the Lenders pro rata on the basis of their then-applicable Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 9 contracts
Samples: Credit Agreement (Intelsat LTD), Credit Agreement (Intelsat LTD), Credit Agreement (Intelsat LTD)
Pro Rata Borrowings. All Borrowings of Revolving Loans under this Agreement shall be incurred from the Lenders Banks pro rata on the basis of their Revolving Loan Commitments. It is understood that no Lender Bank shall be responsible for any default by any other Lender Bank of its obligation to make Revolving Loans hereunder and that each Lender Bank shall be obligated to make the Revolving Loans provided to be made by it hereunder, regardless of the failure of any other Lender Bank to make its Revolving Loans hereunder.
Appears in 8 contracts
Samples: Credit Agreement (Dominicks Supermarkets Inc), Credit Agreement (H-R Window Supply Inc), Credit Agreement (Neodata Services Inc)
Pro Rata Borrowings. All Borrowings of Term Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Commitmentssuch Lenders’ Commitments as the case may be. It is understood that no No Lender shall be responsible for any default by any other Lender of its obligation to make Term Loans hereunder hereunder, and that each Lender shall be obligated to make the Term Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Term Loans hereunder.
Appears in 8 contracts
Samples: Second Lien Term Loan Credit Agreement (PAE Inc), First Lien Term Loan Credit Agreement (PAE Inc), First Lien Term Loan Credit Agreement (PAE Inc)
Pro Rata Borrowings. All Borrowings Each Borrowing of Term Loans under this Agreement shall be incurred from granted by the Lenders pro rata on the basis of their then-applicable Term Loan Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 8 contracts
Samples: Credit Agreement (Tiga Acquisition Corp.), Credit Agreement (Tiga Acquisition Corp.), Credit Agreement (Tiga Acquisition Corp.)
Pro Rata Borrowings. All Borrowings The Borrowing of Loans under this Agreement shall be incurred from made by the Lenders pro rata on the basis of their Commitmentsrespective Commitment Percentages. It is understood that no Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 8 contracts
Samples: Term Loan Credit Agreement (ITC Holdings Corp.), Term Loan Credit Agreement (ITC Holdings Corp.), Term Loan Credit Agreement (ITC Holdings Corp.)
Pro Rata Borrowings. All Borrowings of Loans Each Borrowing under this Agreement shall be incurred from granted by the Lenders pro rata on the basis of their then applicable Term Loan Commitments. It is understood that no No Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 7 contracts
Samples: Possession Credit Agreement (Intelsat S.A.), 3 and Waiver (Intelsat S.A.), Credit Agreement (Intelsat S.A.)
Pro Rata Borrowings. All Borrowings of Revolving Loans (including Mandatory Borrowings) under this Agreement shall be incurred from the Lenders pro rata on the basis of their Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Revolving Loans hereunder and that each Lender shall be obligated to make the Revolving Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Revolving Loans hereunder.
Appears in 7 contracts
Samples: Credit Agreement (Flowers Foods Inc), Credit Agreement (Flowers Foods Inc), Credit Agreement (Flowers Foods Inc)
Pro Rata Borrowings. All Borrowings of Revolving Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Revolving Loan Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 7 contracts
Samples: Credit Agreement (Pyxus International, Inc.), Abl Credit Agreement (Pyxus International, Inc.), Exit Abl Credit Agreement (Pyxus International, Inc.)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement Agreement, subject to Section 2.10(d), shall be incurred from the Lenders pro rata on the basis of their Commitmentssuch Lenders’ Commitments as the case may be. It is understood that no No Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder hereunder, and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 7 contracts
Samples: Credit Agreement (Iridium Communications Inc.), Credit Agreement (Iridium Communications Inc.), Amendment and Restatement Agreement (Iridium Communications Inc.)
Pro Rata Borrowings. All Borrowings of Term Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Term Loan Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Term Loans hereunder and that each Lender shall be obligated to make the Term Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Term Loans hereunder.
Appears in 7 contracts
Samples: Term Loan Credit Agreement (Algoma Steel Group Inc.), Credit Agreement (Keane Group, Inc.), Credit Agreement (Flowers Foods Inc)
Pro Rata Borrowings. All Borrowings Each Borrowing of Revolving Credit Loans under this Agreement shall be incurred from granted by the Lenders pro rata on the basis of their CommitmentsApplicable Percentages. It is understood that no Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 7 contracts
Samples: Credit Agreement (Sealy Corp), Credit Agreement (Railamerica Inc /De), Credit Agreement (Sealy Corp)
Pro Rata Borrowings. All The Borrowings of Loans of any Class under this Agreement shall be incurred from the Lenders pro rata on the basis of their CommitmentsCommitments in respect of such Class. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans a Loan hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 6 contracts
Samples: Assignment and Assumption Agreement (Dynagas LNG Partners LP), Credit Agreement (Seadrill Partners LLC), Credit Agreement (Seadrill Partners LLC)
Pro Rata Borrowings. All Borrowings of Revolving Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Revolving Loan Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Revolving Loans hereunder and that each Lender shall be obligated to make the Revolving Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Revolving Loans hereunder.
Appears in 6 contracts
Samples: Credit Agreement (Trico Marine Services Inc), Credit Agreement (Trico Marine Services Inc), Credit Agreement (Trico Marine Services Inc)
Pro Rata Borrowings. All Borrowings of Term Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their applicable Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Term Loans hereunder and that each Lender shall be obligated to make the Term Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Term Loans hereunder.
Appears in 6 contracts
Samples: Term Loan Credit Agreement (J.Jill, Inc.), Loan Credit Agreement (J.Jill, Inc.), Loan Credit Agreement (J.Jill, Inc.)
Pro Rata Borrowings. All Borrowings of The Loans comprising each Borrowing under this Agreement shall be incurred from made by the Lenders simultaneously and each Lender’s Loan shall be equal to such Lender’s pro rata on the basis Share of their Commitmentssuch Borrowing. It is understood that no Lender shall be responsible for any default by any other Lender of in its obligation to make Loans a Loan hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunderhereunder subject to the terms hereof, regardless of the failure of any other Lender to fulfill its commitment to make its Loans hereunder.
Appears in 6 contracts
Samples: Credit Agreement (Textron Inc), Credit Agreement (Textron Inc), Credit Agreement (Textron Inc)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from made by the Lenders Banks pro rata on the basis of their Commitments. It is understood that no Lender Bank shall be responsible for any default by any other Lender of Bank in its obligation to make Loans hereunder and that each Lender Bank shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender Bank to make fulfill its Loans commitments hereunder.
Appears in 5 contracts
Samples: Credit Agreement (Global Marine Inc), Credit Agreement (Diamond Offshore Drilling Inc), Credit Agreement (R&b Falcon Corp)
Pro Rata Borrowings. All Borrowings Each Borrowing of Term Loans or Revolving Credit Loans under this Agreement shall be incurred from granted by the Lenders pro rata on the basis of their then-applicable Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 5 contracts
Samples: Credit Agreement (Bristol West Holdings Inc), Credit Agreement (Kindercare Learning Centers Inc /De), Credit Agreement (Randalls Food Markets Inc)
Pro Rata Borrowings. All Borrowings of Revolving Loans under this Agreement shall be incurred from made by the Lenders pro rata on the basis of their Revolving Commitments. It is understood that the obligations of the Lenders hereunder are several (and not joint), that no Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 5 contracts
Samples: Credit Agreement (Air Transport Services Group, Inc.), Credit Agreement (Air Transport Services Group, Inc.), Credit Agreement (Air Transport Services Group, Inc.)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from loaned by the applicable Lenders pro rata on the basis of their Commitments. It is understood that no No Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans Commitments hereunder.
Appears in 5 contracts
Samples: Credit Agreement (Ball Corp), Credit Agreement (Ball Corp), Credit Agreement (Ball Corp)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Revolving Loan Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 4 contracts
Samples: Credit Agreement (Trico Marine Services Inc), Credit Agreement (Trico Marine Services Inc), Credit Agreement (Trico Marine Services Inc)
Pro Rata Borrowings. All Borrowings Each Borrowing of Revolving Credit Loans under this Agreement shall be incurred from granted by the Lenders pro rata on the basis of their then-applicable Revolving Credit Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 4 contracts
Samples: Lease Agreement (Goodman Global Group, Inc.), Revolving Credit Agreement (Goodman Sales CO), Revolving Credit Agreement (Kindercare Learning Centers Inc /De)
Pro Rata Borrowings. All Borrowings of Revolving Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Revolving Loan Commitments; provided, that all Mandatory Borrowings shall be incurred from the Lenders pro rata on the basis of their RL Percentages. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 4 contracts
Samples: Abl Credit Agreement (J.Jill, Inc.), Schedules (J.Jill, Inc.), Abl Credit Agreement and Waiver (J.Jill, Inc.)
Pro Rata Borrowings. All Borrowings of Revolving Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Revolving Loan Commitments; provided, that, all Mandatory Borrowings shall be incurred from the Lenders pro rata on the basis of their RL Percentages. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 4 contracts
Samples: Credit Agreement (CVR Refining, LP), Credit Agreement (CVR Partners, Lp), Credit Agreement (CVR Energy Inc)
Pro Rata Borrowings. All Borrowings of Term Loans and Revolving Loans under this Agreement shall be incurred from the Lenders Banks pro rata on the basis of their Term Loan Commitments or Revolving Loan Commitments, as the case may be. It is understood that no Lender Bank shall be responsible for any default by any other Lender Bank of its obligation to make Loans hereunder and that each Lender Bank shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender Bank to make its Loans hereunder.
Appears in 4 contracts
Samples: Credit Agreement (Atc Group Services Inc /De/), Credit Agreement (Chancellor Broadcasting Co /De/), Credit Agreement (Chancellor Radio Broadcasting Co)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 4 contracts
Samples: Credit Agreement (WABASH NATIONAL Corp), Credit Agreement (WABASH NATIONAL Corp), Credit Agreement (Wabash National Corp /De)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from loaned by the Lenders pro rata on the basis of their applicable Term Commitments. It is understood that no No Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans Term Commitments hereunder.
Appears in 4 contracts
Samples: Security Agreement (Texas Petrochemicals Inc.), Term Loan Agreement (Texas Petrochemicals Inc.), Term Loan Agreement (Texas Petrochemicals Inc.)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from loaned by the Lenders Banks pro rata on the basis of their A Term Loan Commitments, B Term Loan Commitments or Revolving Loan Commitments, as the case may be. It is understood that no Lender No Bank shall be responsible for any default by any other Lender of Bank in its obligation to make Loans hereunder and that each Lender Bank shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender Bank to make fulfill its Loans commitments hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Styling Technology Corp), Securities Pledge Agreement (Carson Inc), Securities Pledge Agreement (Carson Inc)
Pro Rata Borrowings. All Borrowings of New Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their CommitmentsCommitments in respect of New Loans. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make New Loans hereunder and that each Lender shall be obligated to make the New Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 3 contracts
Samples: Execution Version (Omnova Solutions Inc), Term Loan Credit Agreement (Omnova Solutions Inc), Term Loan Credit Agreement (Omnova Solutions Inc)
Pro Rata Borrowings. All Borrowings of Term Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Term Loan Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Urban One, Inc.), Credit Agreement (Radio One, Inc.), Credit Agreement (Radio One, Inc.)
Pro Rata Borrowings. All Except as expressly provided in Section 2A.9(e), Borrowings of Loans under this Agreement shall be incurred from loaned by the applicable Lenders pro rata on the basis of their Commitments. It is understood that no No Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans Commitments hereunder.. ARTICLE IIA
Appears in 3 contracts
Samples: Pledge Agreement (Crown Holdings Inc), Credit Agreement (Crown Holdings Inc), Credit Agreement (Ball Corp)
Pro Rata Borrowings. All Borrowings of Loans made under this Agreement shall be incurred from the Lenders Banks pro rata on the basis of their Commitments. It is understood that no Lender Bank shall be responsible for any default by any other Lender Bank of its obligation to make Loans hereunder and that each Lender Bank shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender Bank to make its Loans hereunder.
Appears in 3 contracts
Samples: Term Loan Agreement (Alpine Group Inc /De/), Agreement (Acg Holdings Inc), Term Loan Agreement (Sullivan Graphics Inc)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from the Lenders Banks pro rata on the basis of their Commitments. It is understood that no Lender Bank shall be responsible for any default by any other Lender Bank of its obligation to make Loans hereunder and that each Lender Bank shall be obligated to make the Loans provided to be made by it hereunder, hereunder regardless of the failure of any other Lender Bank to make its Loans hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Financial Security Assurance Holdings LTD), Credit Agreement (Financial Security Assurance Holdings LTD/Ny/), Credit Agreement (Homestead Village Inc)
Pro Rata Borrowings. All Borrowings of Revolving Loans under this Agreement shall be incurred from made by the Lenders pro rata on the basis of their Revolving Loan Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Revolving Loans hereunder and that each Lender shall be obligated to make the Revolving Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 3 contracts
Samples: Reducing Revolving Credit Agreement (Di Industries Inc), Loan Agreement (Grey Wolf Inc), Secured Revolving Credit Agreement (Di Industries Inc)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from made by the Lenders pro rata on the basis of their Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Noble Corp), Credit Agreement (Noble Corp), Credit Agreement (Noble Drilling Corp)
Pro Rata Borrowings. All Borrowings of Revolving Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Revolving Loans hereunder and that each Lender shall be obligated to make the Revolving Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Revolving Loans hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Furniture Brands International Inc), Credit Agreement (Furniture Brands International Inc), Credit Agreement (Compuware Corporation)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from loaned by the applicable Lenders pro rata on the basis of their Commitmentsapplicable Commitments under the applicable Facility. It is understood that no No Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans Commitments hereunder.
Appears in 3 contracts
Samples: Credit Agreement and Syndicated Facility Agreement (Owens-Illinois Group Inc), Assignment and Assumption Agreement (Owens-Illinois Group Inc), Intercreditor Agreement (Owens-Illinois Group Inc)
Pro Rata Borrowings. All Borrowings Each Borrowing of Loans under this Agreement shall be incurred from made by the Lenders pro rata on the basis of their Commitmentsrespective Commitment Percentages. It is understood that no Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 3 contracts
Samples: Term Loan Credit Agreement (ITC Holdings Corp.), Term Loan Credit Agreement (ITC Holdings Corp.), Term Loan Credit Agreement (ITC Holdings Corp.)
Pro Rata Borrowings. All Borrowings Each Borrowing of Loans under this Agreement shall be incurred from granted by the Lenders pro rata on the basis of their then-applicable Pro Rata Share of the Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Teligent, Inc.), First Lien Credit Agreement (Teligent, Inc.), Lien Revolving Credit Agreement (Teligent, Inc.)
Pro Rata Borrowings. All Borrowings of Term Loans and Revolving Loans under this Agreement shall be incurred from made by the Lenders pro rata on the basis of their Term Commitments or Revolving Commitments, respectively. It is understood that no Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Pike Holdings, Inc.), Credit Agreement (Pike Electric CORP)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their CommitmentsCommitments in respect of Loans. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 2 contracts
Samples: Loan Credit Agreement (Omnova Solutions Inc), Term Loan Credit Agreement (Omnova Solutions Inc)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from the Lenders Banks pro rata on the basis of their respective A Term Loan Commitments, B Term Loan Commitments, Acquisition Loan Commitments or Revolving Loan Commitments, as the case may be. It is understood that no Lender Bank shall be responsible for any default by any other Lender Bank of its obligation to make Loans hereunder and that each Lender Bank shall be obligated to make the Loans provided to be made by it hereunder, hereunder regardless of the failure of any other Lender Bank to make its Loans hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Reckson Services Industries Inc), And Assumption Agreement (Vantas Inc)
Pro Rata Borrowings. All Borrowings of Term Loans and Revolving Loans under this Agreement shall be incurred from made by the Lenders pro rata on the basis of their Term Commitments or Revolving Commitments, respectively. It is understood that the obligations of the Lenders hereunder are several (and not joint), that no Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Air Transport Services Group, Inc.), Credit Agreement (ABX Holdings, Inc.)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from made by the Lenders pro rata on the basis of their Commitments. It is understood that no No Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunderpursuant to its respective Commitments, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 2 contracts
Samples: Loan Agreement (Starwood Hotel & Resorts Worldwide Inc), Loan Agreement (Starwood Hotel & Resorts Worldwide Inc)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from the Lenders Banks pro rata on the basis of their respective Commitments. It is understood that no Lender Bank shall be responsible for any default by any other Lender Bank of its obligation to make Loans hereunder and that each Lender Bank shall be obligated to make the Loans provided to be made by it hereunder, hereunder regardless of the failure of any other Lender Bank to make its Loans hereunder.
Appears in 2 contracts
Samples: Gramercy Capital Corp, Security Agreement (Firstlink Communications Inc)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans its Loan hereunder and that each Lender shall be obligated to make the Loans Loan provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans Loan hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Trizec Properties Inc), Credit Agreement (Acme Metals Inc /De/)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their respective Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Magellan Health Inc), Credit Agreement (Magellan Health Inc)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Commitments. The obligations of the Lender hereunder to make Loans and to make payments pursuant to Section 10.06 are several and not joint. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans or make any payment under Section 10.06 hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, hereunder regardless of the failure of any other Lender to make its Loans and payments hereunder.
Appears in 2 contracts
Samples: Global Assignment Agreement (Gener8 Maritime, Inc.), Global Assignment Agreement (Gener8 Maritime, Inc.)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from made by the Lenders pro rata on the basis of their Term Commitments or Revolving Commitments, as the case may be. It is understood that no Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 2 contracts
Samples: Credit Agreement (National Tobacco Co Lp), Credit Agreement (National Tobacco Co Lp)
Pro Rata Borrowings. All Except as expressly provided in Section 2A.9(e), Borrowings of Loans under this Agreement shall be incurred from loaned by the applicable Lenders pro rata on the basis of their applicable Facility Commitments. It is understood that no No Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans Commitments hereunder.. ARTICLE IIA
Appears in 2 contracts
Samples: Credit Agreement (Crown Holdings Inc), Credit Agreement (Crown Holdings Inc)
Pro Rata Borrowings. All Borrowings of Term Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Term Loans hereunder and that each Lender shall be obligated to make the Term Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Term Loans hereunder.
Appears in 2 contracts
Samples: Term Loan Credit Agreement (Dynegy Inc.), Credit Agreement (United Online Inc)
Pro Rata Borrowings. All Except as provided in Section 15, all Borrowings of Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 2 contracts
Samples: Facility Agreement (Toys R Us Inc), Syndicated Facility Agreement (Toys R Us Inc)
Pro Rata Borrowings. All Borrowings of Revolving Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Revolving Loan Commitments; provided, that, all Mandatory Borrowings shall be incurred from the Lenders pro rata on the basis of their RL Percentages. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.. 2.08
Appears in 2 contracts
Samples: Credit Agreement (CVR Energy Inc), Abl Credit Agreement (CVR Partners, Lp)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred by the Borrower from the Lenders Banks pro rata on the basis of their such Banks’ Commitments. It is understood that no Lender Bank shall be responsible for any default by any other Lender of Bank in its obligation to make Loans hereunder and that each Lender Bank shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender Bank to make fulfill its Loans commitments hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Amerus Group Co/Ia), Credit Agreement (Amerus Group Co/Ia)
Pro Rata Borrowings. All Borrowings of any Tranche of Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their CommitmentsCommitments applicable to such Tranche of Loans. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 2 contracts
Samples: First Lien Credit and Guarantee Agreement (Janus International Group, Inc.), Credit and Guarantee Agreement (Janus International Group, Inc.)
Pro Rata Borrowings. All Borrowings of any Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Term Loan Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 2 contracts
Samples: Credit and Guarantee Agreement (Alden Global Capital LLC), Credit and Guarantee Agreement (Alden Global Capital LLC)
Pro Rata Borrowings. All Borrowings Each Borrowing of Term Loans under this Agreement shall be incurred from made by the Lenders pro rata on the basis of their then-applicable Term Loan Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 2 contracts
Samples: Second Lien Credit Agreement (RTI Surgical Holdings, Inc.), Assignment and Assumption (RTI Surgical Holdings, Inc.)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from loaned by the applicable Lenders pro rata on the basis of their applicable Facility Commitments. It is understood that no No Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans Commitments hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Owens-Illinois Group Inc), Credit Agreement (Owens-Illinois Group Inc)
Pro Rata Borrowings. All Borrowings of The Term Loans under this Loan Agreement shall be incurred from made by the Lenders pro rata on the basis of their Term Loan Commitments. It is understood that no No Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder hereunder, and that each Lender shall be obligated to make the Loans Loans, as applicable, provided to be made by it hereunder, hereunder regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 2 contracts
Samples: Loan Agreement (Mimedx Group, Inc.), Loan Agreement (Mimedx Group, Inc.)
Pro Rata Borrowings. All Borrowings of Loans the Term A Loan and Term B Loan under this Agreement shall be incurred from the Lenders pro rata on the basis of their Term A Loan Commitments and Term B Loan Commitments, as the case may be. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Superior Telecom Inc), Credit Agreement (Alpine Group Inc /De/)
Pro Rata Borrowings. All Borrowings of Loans under a Tranche, under this Agreement shall be incurred from the Lenders pro rata on the basis of their CommitmentsCommitments under such Tranche. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 2 contracts
Samples: Bridge Loan Credit Agreement (Aleris International, Inc.), Term Loan Agreement (Aleris International, Inc.)
Pro Rata Borrowings. All Borrowings of Term Loans and Revolving Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Term Loan Commitments or Revolving Loan Commitments, as the case may be. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall only be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Diamond S Shipping Inc.), Credit Agreement (Diamond S Shipping Inc.)
Pro Rata Borrowings. All Borrowings of Revolving Loans under this Agreement shall be incurred from loaned by the Lenders pro rata on the basis of their Revolving Commitments. It is understood that no No Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans Commitments hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Glatfelter P H Co), Credit Agreement (Glatfelter P H Co)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Scorpio Bulkers Inc.), Credit Agreement (Scorpio Bulkers Inc.)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Commitmentsrespective Percentages. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Atwood Oceanics Inc), Credit Agreement (Atwood Oceanics Inc)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their CommitmentsCommitments in respect of the applicable Class. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 2 contracts
Samples: Intercreditor Agreement (AdvancePierre Foods Holdings, Inc.), Term Loan Credit Agreement (AdvancePierre Foods Holdings, Inc.)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from the Lenders Banks pro rata on the basis of their Commitments. It is understood that no Lender Bank shall be responsible for any default by any other Lender Bank of its obligation to make Loans hereunder and that each Lender Bank shall be obligated to make the Loans provided to be made by it hereunder, hereunder regardless of the failure of any other Lender Bank to make its Loans hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Omnicom Group Inc), Credit Agreement (Omnicom Group Inc)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from the Lenders Banks pro rata on the basis of their respective C Term Loan Commitments, Acquisition Loan Commitments, A Revolving Loan Commitments or B Revolving Loan Commitments, as the case may be. It is understood that no Lender Bank shall be responsible for any default by any other Lender Bank of its obligation to make Loans hereunder and that each Lender Bank shall be obligated to make the Loans provided to be made by it hereunder, hereunder regardless of the failure of any other Lender Bank to make its Loans hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Frontline Capital Group), Credit Agreement (Hq Global Holdings Inc)
Pro Rata Borrowings. All Borrowings Each Borrowing of Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 2 contracts
Samples: Pledge Agreement (Centerpoint Energy Inc), Credit Agreement (Centerpoint Energy Inc)
Pro Rata Borrowings. All Borrowings of Revolving Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Commitments; provided that all Mandatory Borrowings shall be incurred from the Lenders pro rata on the basis of their Percentages. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Overseas Shipholding Group Inc), Credit Agreement (Overseas Shipholding Group Inc)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from loaned by the Lenders Banks pro rata on the basis of their Revolving Loan Commitments. It is understood that no Lender No Bank shall be responsible for any default by any other Lender of Bank in its obligation to make Loans hereunder and that each Lender Bank shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender Bank to make fulfill its Loans commitments hereunder.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Urohealth Systems Inc), Credit Agreement (Wells Aluminum Corp)
Pro Rata Borrowings. All Borrowings of Revolving Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Revolving Loan Commitments; provided that all Mandatory Borrowings shall be incurred from the Revolving Lenders pro rata on the basis of their Revolving Percentages. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 2 contracts
Samples: Credit Agreement (PPL Energy Supply LLC), Credit Agreement (Talen Energy Holdings, Inc.)
Pro Rata Borrowings. All Borrowings of Loans The Loan made under this Agreement shall be incurred from made by the Lenders pro rata on the basis of their respective Loan Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans its portion of the Loan hereunder and that each Lender shall be obligated to make its portion of the Loans provided to be made by it Loan hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Wellman Inc), Credit Agreement (Wellman Inc)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement (other than Swingline Loans) shall be incurred from the Lenders pro rata on the basis of their respective Commitments, provided that all Mandatory Borrowings shall be incurred from the RL Lenders pro rata on the basis of their RL Percentages. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 2 contracts
Samples: Credit Agreement (RCN Corp /De/), Credit Agreement (RCN Corp /De/)
Pro Rata Borrowings. All Borrowings of Initial Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 2 contracts
Samples: Agreement Acknowledging Bridge Loan Agreement (CF Industries Holdings, Inc.), Bridge Loan Agreement (CF Industries Holdings, Inc.)
Pro Rata Borrowings. All The Borrowings of Loans under this Agreement hereunder shall be incurred from the Lenders pro rata on the basis of their respective Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Trump Hotels & Casino Resorts Funding Inc), Credit Agreement (Trumps Castle Funding Inc)
Pro Rata Borrowings. All Borrowings of Revolving Loans under this Agreement shall be incurred from the Lenders pro rata prorata on the basis of their Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Revolving Loans hereunder and that each Lender shall be obligated to make the Revolving Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Revolving Loans hereunder.
Appears in 1 contract
Samples: Credit Agreement (Furniture Brands International Inc)
Pro Rata Borrowings. All Borrowings Each Borrowing of Loans under this Agreement shall be incurred from made by the Lenders pro rata on the basis of their Commitmentsthen-applicable Commitment Percentage. It is understood that no Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 1 contract
Pro Rata Borrowings. All Borrowings of Tender Offer Loans, Term Loans and Revolving Credit Loans under this Agreement shall be incurred from loaned by the Lenders pro rata on the basis of their Commitments, as the case may be. It is understood that no Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder hereunder, and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 1 contract
Samples: Credit Agreement (Tefron LTD)
Pro Rata Borrowings. All Borrowings of Revolving Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Revolving Loan Commitments, provided that all Mandatory Borrowings shall be incurred from such Lenders pro rata on the basis of their respective RL Percentages. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 1 contract
Samples: Abl Credit Agreement (Affinia Group Intermediate Holdings Inc.)
Pro Rata Borrowings. All Except as expressly provided in Section 2A.9(e), all Borrowings of Loans under this Agreement shall be incurred from loaned by the applicable Lenders pro rata on the basis of their Commitments. It is understood that no No Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans Commitment hereunder.
Appears in 1 contract
Samples: Credit Agreement (Ball Corp)
Pro Rata Borrowings. All Borrowings Each Borrowing of A Term Loans, B Term Loans or Revolving Credit Loans under this Agreement shall be incurred from granted by the Lenders pro rata on the basis of their then-applicable Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 1 contract
Pro Rata Borrowings. All Borrowings Each Borrowing of Revolving Credit Loans under this Agreement shall be incurred from made by the Lenders pro rata on the basis of their CommitmentsApplicable Percentages. It is understood that no Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 1 contract
Samples: Credit Agreement (Accellent Inc)
Pro Rata Borrowings. All Borrowings of Loans of any Class under this Agreement shall be incurred from the Lenders of such Class pro rata on the basis of their applicable Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 1 contract
Samples: First Lien Loan Agreement
Pro Rata Borrowings. All Borrowings of Term Loans and Revolving Loans under this Agreement shall be incurred from loaned by the Lenders pro rata on the basis of their respective Term Loan Commitments or Revolving Loan Commitments, as the case may be. It is understood that no Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 1 contract
Pro Rata Borrowings. All Borrowings of Revolving Loans under this Agreement shall be incurred by the respective Borrower from the Lenders pro rata on the basis of their Tranche 1 Commitments or Tranche 2 Commitments, as the case may be. It is understood that no Lender shall be responsible for any default by any other Lender of in its obligation to make Revolving Loans hereunder and that each Lender shall be obligated to make the Revolving Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 1 contract
Samples: Credit Agreement (Endurance Specialty Holdings LTD)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Commitmentseach Lender’s Loan Commitment unless otherwise approved by the Administrative Agent. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 1 contract
Pro Rata Borrowings. All Borrowings of Revolving Loans (including Mandatory Borrowings) under this Agreement shall be incurred from the Lenders pro rata on the basis of their CommitmentsRL Percentages. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 1 contract
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans its Loan hereunder and that each Lender shall be obligated to make the Loans Loan provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans Loan hereunder.
Appears in 1 contract
Samples: Credit Agreement (Toys R Us Inc)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from the Lenders Banks pro rata on the basis of their Commitments. It is understood that no Lender Bank shall be responsible for any default by any other Lender Bank of its obligation to make Loans hereunder and that each Lender Bank shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender Bank to make its Loans hereunder.
Appears in 1 contract
Pro Rata Borrowings. All Borrowings Each Borrowing of Revolving Credit Loans -------------------- under this Agreement shall be incurred from granted by the Lenders pro rata on the basis of --- ---- their then- applicable Revolving Credit Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 1 contract
Samples: Credit Agreement (Borden Chemicals & Plastics Limited Partnership /De/)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from the Lenders Banks pro rata on the basis of their Commitments. It is understood that no Lender No Bank shall be responsible for any default by any other Lender Bank of its obligation to make Loans hereunder and that each Lender Bank shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender Bank to make its Loans hereunder.
Appears in 1 contract
Pro Rata Borrowings. All Borrowings The Borrowing of Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Commitments. The obligations of the Lenders hereunder to make Loans are several and not joint. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 1 contract
Samples: Assignment and Assumption Agreement (Grana & Montero S.A.A.)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from made by the Lenders pro rata on the basis of their respective Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans Commitment hereunder.
Appears in 1 contract
Samples: Credit Agreement (Cedar Fair L P)
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Available Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 1 contract
Pro Rata Borrowings. All Borrowings The Borrowing of Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Loans hereunder.
Appears in 1 contract
Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be incurred from made by the Lenders pro rata on the basis of their Commitments. It is understood that no Lender shall be responsible for any default by any other Lender of in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Loans commitments hereunder.
Appears in 1 contract
Samples: Credit Agreement (Vencor Inc)
