Common use of Pro Rata Treatment Clause in Contracts

Pro Rata Treatment. Except as required under Section 2.15, each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Loans, each payment of the Commitment Fees, each reduction of the Term Loan Commitments or the Revolving Credit Commitments and each conversion of any Borrowing to or continuation of any Borrowing as a Borrowing of any Type shall be allocated pro rata among the Lenders in accordance with their respective applicable Commitments (or, if such Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding Loans). Each Lender agrees that in computing such Lender's portion of any Borrowing to be made hereunder, the Administrative Agent may, in its discretion, round each Lender's percentage of such Borrowing to the next higher or lower whole dollar amount.

Appears in 5 contracts

Samples: Credit Agreement (Bremen Bearings Inc), Pledge Agreement (Tel Save Holdings Inc), Credit Agreement (PSF Holdings LLC)

Pro Rata Treatment. Except as required under Section 2.152.13 (Change in Legality) or as provided under Section 2.06(g) (Defaulting Lender Fees), each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Loans, each payment of the Commitment Fees, each reduction of the Term Loan Commitments or the Revolving Credit Commitments Fees and each conversion of any Borrowing to or continuation of any Borrowing as with a Borrowing of any Type Type, shall be allocated pro rata among the Lenders in accordance with their respective applicable Commitments (or, if such Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding Loans). Each Lender agrees that All payments of fees (other than the Commitment Fees) and all other payments in computing such Lender's portion respect of any Borrowing other Loan Document Obligation shall be allocated among such of the Lenders and Issuers as are entitled thereto and, for such payments allocated to be made hereunder, the Administrative Agent mayLenders, in its discretion, round each Lender's percentage of such Borrowing proportion to the next higher or lower whole dollar amounttheir respective Ratable Portions.

Appears in 5 contracts

Samples: Restatement Agreement (Alcoa Corp), Restatement Agreement (Alcoa Corp), Revolving Credit Agreement (Alcoa Upstream Corp)

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Pro Rata Treatment. Except as otherwise provided in this Section 2.8 and as otherwise required under Section 2.153.4(e), each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Loans, each payment of the Commitment Feesfees, each reduction of the Term Loan Commitments or the Revolving Credit Commitments and each conversion of any Borrowing to or continuation of any Borrowing as a Borrowing of any Type shall be allocated pro rata among the Appropriate Lenders in accordance with their respective applicable Commitments (or, if such Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding LoansLoans of the applicable Class). Each Lender agrees that in computing such Lender's ’s portion of any Borrowing to be made hereunder, the Administrative Agent may, in its discretion, round each Lender's ’s percentage of such Borrowing to the next higher or lower whole dollar Dollar amount.

Appears in 4 contracts

Samples: Credit Agreement (Steven Madden, Ltd.), Credit Agreement (Steven Madden, Ltd.), Credit Agreement (Harvard Bioscience Inc)

Pro Rata Treatment. Except as required under Section 2.15, each Each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Loans, each payment of the Commitment Fees or the L/C Participation Fees, each reduction of the Term Loan Commitments or the Revolving Credit Commitments and each conversion of any Borrowing to or continuation of any Borrowing as a Borrowing of any Type shall be allocated pro rata among the Lenders in accordance with their respective applicable Commitments (or, if such Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding Loans). Each Lender agrees that Loans or participations in computing such Lender's portion of any Borrowing to be made hereunderL/C Disbursements, the Administrative Agent may, in its discretion, round each Lender's percentage of such Borrowing to the next higher or lower whole dollar amount.as

Appears in 3 contracts

Samples: Credit Agreement (Daramic, LLC), Credit Agreement (Polypore International, Inc.), Credit Agreement (Polypore International, Inc.)

Pro Rata Treatment. Except as required under Subject to Section 2.15, each Borrowing, each payment or prepayment of principal of any BorrowingBorrowing made by or on behalf of a Borrower, each payment of interest on the Loans, each payment Loans made by or on behalf of the Commitment Feesa Borrower, each reduction of the Term Loan Commitments or the Revolving Credit Commitments and each conversion of any Borrowing to or continuation of any Borrowing as a Borrowing of any Type shall be allocated pro rata among the applicable Lenders or such Class in accordance with their respective applicable Commitments (or, if such Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding Loans). Each Lender agrees that in computing such Lender's ’s portion of any Borrowing to be made hereunder, the Administrative Agent may, in its discretion, round each Lender's ’s percentage of such Borrowing to the next higher or lower whole dollar Dollar amount.

Appears in 3 contracts

Samples: Credit Agreement (Hemisphere Media Group, Inc.), Credit Agreement (Hemisphere Media Group, Inc.), Credit Agreement (Hemisphere Media Group, Inc.)

Pro Rata Treatment. Except as required under Section 2.13(f) or 2.15, each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Loans, each payment of the Commitment Fees, each reduction of the Term Loan Commitments or the Revolving Credit Commitments and each conversion of any Borrowing to or continuation of any Borrowing as a Borrowing of any Type shall be allocated pro rata among the Lenders in accordance with their respective applicable Commitments (or, if such Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding Loans). Each Lender agrees that in computing such Lender's ’s portion of any Borrowing to be made hereunder, the Administrative Agent may, in its discretion, round each Lender's ’s percentage of such Borrowing to the next higher or lower whole dollar amount.

Appears in 3 contracts

Samples: Intercreditor Agreement (Community Health Systems Inc), Credit Agreement (Quorum Health Corp), Credit Agreement (Community Health Systems Inc)

Pro Rata Treatment. Except as required under Section 2.152.15 and subject to Section 9.06(b), each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Loans, each payment of the Commitment Fees, each reduction of the Term Loan Commitments or the Revolving Credit Commitments and each refinancing of any Borrowing with, conversion of any Borrowing to or continuation of any Borrowing as a Borrowing of any Type shall be allocated pro rata among the Lenders in accordance with their respective applicable Commitments (or, if such Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding Loans). Each Lender agrees that in In computing such any Lender's portion of any Borrowing to be made hereunder, the Administrative Agent may, in its discretion, round each Lender's percentage of such Borrowing to the next higher or lower whole dollar amount.

Appears in 3 contracts

Samples: General Liability (Schein Pharmaceutical Inc), Credit Agreement (Schein Pharmaceutical Inc), Credit Agreement (Danbury Pharmacal Puerto Rico Inc)

Pro Rata Treatment. Except as required under Section 2.152.15 and in respect of any election made pursuant to Section 2.13(g), each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Loans, each payment of the Commitment Feesany prepayment fee, each reduction of the Term Loan Commitments or the Revolving Credit Commitments and each conversion of any Borrowing to or continuation of any Borrowing as a Borrowing of any Type shall be allocated pro rata among the Lenders in accordance with their respective applicable Commitments (or, if such Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding Loans). Each Lender agrees that in computing such Lender's ’s portion of any Borrowing to be made hereunder, the Administrative Agent may, in its discretion, round each Lender's ’s percentage of such Borrowing to the next higher or lower whole dollar amount.

Appears in 3 contracts

Samples: Second Lien Credit Agreement (Atp Oil & Gas Corp), Credit Agreement (Atp Oil & Gas Corp), Credit Agreement (Atp Oil & Gas Corp)

Pro Rata Treatment. Except as required under Section 2.15otherwise expressly provided herein, each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Loans, each payment of the Commitment Fees and L/C Participation Fees, each reduction of the Term Loan Commitments or the Revolving Credit Commitments and each conversion of any Borrowing to or continuation of any Borrowing as a Borrowing of any Type shall be allocated pro rata among the Lenders in accordance with their respective applicable Commitments (or, if such Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding Loans). Each Lender agrees that in computing such Lender's ’s portion of any Borrowing to be made hereunder, the Administrative Agent may, in its discretion, round each Lender's ’s percentage of such Borrowing to the next higher or lower whole dollar Dollar amount.

Appears in 3 contracts

Samples: Credit Agreement (Cactus, Inc.), Credit Agreement (Cactus, Inc.), Credit Agreement (Cactus, Inc.)

Pro Rata Treatment. Except as required under Section 2.15, each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Loans, each payment of the Commitment Fees, each reduction of the Term Loan Commitments or the Revolving Credit Commitments and each conversion of any Borrowing to or continuation of any Borrowing as a Borrowing of any Type shall be allocated pro rata among the Lenders in accordance with their respective applicable Commitments (or, if such Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding Loans). Each Lender agrees that in computing such Lender's ’s portion of any Borrowing to be made hereunder, the Administrative Agent may, in its discretion, round each Lender's ’s percentage of such Borrowing to the next higher or lower whole dollar amount.

Appears in 3 contracts

Samples: Abl Intercreditor Agreement (Quorum Health Corp), Credit Agreement (CGG), Credit Agreement (CGG)

Pro Rata Treatment. Except as required under Section 2.15, each Each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Loans, each payment of the Commitment Fees or the L/C Participation Fees, each reduction of the Term Loan Commitments or the Revolving Credit Commitments and each conversion of any Borrowing to or continuation of any Borrowing as a Borrowing of any Type shall be allocated pro rata among the Lenders in accordance with their respective applicable Commitments (or, if such Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding LoansLoans or participations in L/C Disbursements, as applicable). Each Lender agrees that in computing such Lender's ’s portion of any Borrowing to be made hereunder, the Administrative Agent may, in its discretion, round each Lender's ’s percentage of such Borrowing to the next higher or lower whole dollar amount.

Appears in 3 contracts

Samples: Credit Agreement (Knoll Inc), Credit Agreement (Knoll Inc), Credit Agreement (Polypore, Inc.)

Pro Rata Treatment. Except as required under Section 2.15Sections 2.12(e), 2.15 and 2.22, each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Term Loans, each payment of the Commitment Fees, each reduction of the Term Loan Commitments or the Revolving Credit Commitments and each conversion of any Borrowing to or continuation of any Borrowing as a Borrowing of any Type shall be allocated pro rata among the Lenders in accordance with their respective applicable Term Loan Commitments (or, if such Term Loan Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding Term Loans). Each Lender agrees that in computing such Lender's ’s portion of any Borrowing to be made hereunder, the Administrative Agent may, in its discretion, round each Lender's ’s percentage of such Borrowing to the next higher or lower whole dollar Dollar amount.

Appears in 2 contracts

Samples: Credit Agreement (Dynegy Inc.), Credit Agreement (Dynegy Inc.)

Pro Rata Treatment. Except as required under Section 2.15Sections 2.09, 2.12, 2.13, 2.14, 2.18 and 2.19, each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Loans, each payment of the Commitment Facility Fees, each reduction of the Term Loan Commitments or the Revolving Credit Commitments and each refinancing or conversion of any Borrowing to or continuation of any Borrowing as with a Borrowing of any Type Type, shall be allocated pro rata among the Lenders in accordance with their respective applicable Commitments (or, if such Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding Loans). Each Lender agrees that in computing such Lender's portion of any Borrowing to be made hereunder, the Administrative Agent may, in its discretion, round each Lender's percentage of such Borrowing to the next higher or lower whole dollar amount.

Appears in 2 contracts

Samples: Agreement (Lucent Technologies Inc), Lucent Technologies Inc

Pro Rata Treatment. Except as required under Section 2.12, 2.13(i) or 2.15, each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Loans, each payment of the Commitment Fees, each reduction of the Term Loan Commitments or the Revolving Credit Commitments of any Series and each conversion of any Borrowing to or continuation of any Borrowing as a Borrowing of any Type shall be allocated pro rata among the Lenders in accordance with their respective applicable Commitments (or, if such Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding LoansLoans of the applicable Series). Each Lender agrees that in computing such Lender's ’s portion of any Borrowing to be made hereunder, the Administrative Agent may, in its discretion, round each Lender's ’s percentage of such Borrowing to the next higher or lower whole dollar amount.

Appears in 2 contracts

Samples: Security Agreement (Houghton Mifflin Harcourt Co), Term Loan Credit Agreement (Houghton Mifflin Harcourt Co)

Pro Rata Treatment. Except as required under Section 2.152.14, each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Loans, each payment of the Commitment Fees, each reduction of the Term Loan Commitments or the Revolving Credit Commitments and each refinancing of any Borrowing with, conversion of any Borrowing to or continuation of any Borrowing as a Borrowing of any Type shall be allocated pro rata among the Lenders in accordance with their respective applicable Commitments (or, if such Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their applicable outstanding Loans). Each Lender agrees that in computing such Lender's portion of any Borrowing to be made hereunder, the Administrative Agent may, in its discretion, round each Lender's percentage of such Borrowing Borrowing, computed in accordance with Section 2.01, to the next higher or lower whole dollar amount.

Appears in 2 contracts

Samples: Credit Agreement (Collins & Aikman Corp), Credit Agreement (Collins & Aikman Corp)

Pro Rata Treatment. Except as provided below in this Section 2.16 and as required under Section 2.15Sections 2.12(c) and 2.14, each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Revolving Loans, each payment of the Commitment Fees, each reduction of the Term Loan Commitments or the Revolving Credit Commitments and each conversion of any Borrowing to or continuation of any Borrowing as a Borrowing of any Type shall be allocated pro rata among the Lenders in accordance with their respective applicable Commitments (or, if such Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding Revolving Loans). Each Lender agrees that in computing such Lender's portion of any Borrowing to be made hereunder, the Administrative Agent may, in its discretion, round each Lender's percentage of such Borrowing to the next higher or lower whole dollar amount.

Appears in 2 contracts

Samples: Credit Agreement (Sola International Inc), Credit Agreement (Sola International Inc)

Pro Rata Treatment. Except as required under Section 2.152.14 and under Section 2.12, each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest or Fees on the Term Loans, each payment of the Commitment Fees, each reduction of the Term Loan Commitments or the Revolving Credit Commitments and each conversion of any Borrowing to or continuation of any Borrowing as a Borrowing of any Type shall be allocated pro rata among the Lenders in accordance with their respective applicable Term Loan Commitments (or, if such Term Loan Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding Term Loans). Each Lender agrees that in computing such Lender's ’s portion of any Borrowing to be made hereunder, the Administrative Agent may, in its discretion, round each Lender's ’s percentage of such Borrowing to the next higher or lower whole dollar amount.

Appears in 2 contracts

Samples: Credit Agreement (Dynegy Inc /Il/), Lien Credit Agreement (Dynegy Inc /Il/)

Pro Rata Treatment. Except as required under Section 2.15, each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Loans, each payment of the Commitment Fees, each reduction of the Term Loan Commitments or the Revolving Credit Commitments and each conversion of any Borrowing to or continuation of any Borrowing as a Borrowing of any Type shall be allocated pro rata among the Lenders in accordance with their respective applicable Commitments (or, if such Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding Loans). Each Lender agrees that in computing such Lender's ’s portion of any Borrowing to be made hereunder, the Administrative Agent may, in its discretion, round each Lender's ’s percentage of such Borrowing to the next higher or lower whole dollar Dollar amount.

Appears in 2 contracts

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

Pro Rata Treatment. Except as required under Section 2.15Sections 2.09, 2.12, 2.13, 2.14, 2.18 and 2.19, each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Loans, each payment of the Commitment Facility Fees, each reduction of the Term Loan Commitments or the Revolving Credit Commitments and each refinancing or conversion of any Borrowing to or continuation of any Borrowing as with a Borrowing of any Type Type, shall be allocated pro rata among the Lenders in accordance with their respective applicable Commitments (or, if such Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding Loans). Each Lender agrees that in computing such Lender's portion of any Borrowing to be made hereunder, the Administrative Agent may, in its discretion, round each Lender's percentage of such Borrowing to the next higher or lower whole dollar amount.

Appears in 2 contracts

Samples: Credit Facility Agreement (Avaya Inc), Credit Facility Agreement (Avaya Inc)

Pro Rata Treatment. Except as required under Section 2.15, each Borrowing, each payment or prepayment of principal of any Borrowing (other than Discounted Voluntary Prepayments made by the Borrower as expressly provided in _________.), each payment of interest on the Loans (or, with respect to any payment of interest made in connection with a prepayment of any Borrowing, each payment of interest on the Loans, each payment of the Commitment Fees, each reduction of the Term Loan Commitments or the Revolving Credit Commitments Loans made pursuant to such Borrowing) and each conversion of any Borrowing to or continuation of any Borrowing as a Borrowing of any Type shall be allocated pro rata among the Lenders in accordance with their respective applicable Commitments (or, if such Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding Loans)Pro Rata Shares. Each Lender agrees that in computing such Lender's ’s portion of any Borrowing to be made hereunder, the Administrative Agent may, in its discretion, round each Lender's ’s percentage of such Borrowing to the next higher or lower whole dollar Dollar amount.

Appears in 2 contracts

Samples: Credit Agreement (Medley LLC), Credit Agreement (Medley Management Inc.)

Pro Rata Treatment. Except as required under Section 2.15, each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Loans, each payment of the Commitment Fees, each reduction of the Construction Loan Commitments, the Term Loan Commitments or the Revolving Credit Commitments and each conversion of any Borrowing to or continuation of any Borrowing as a Borrowing of any Type shall be allocated pro rata among the Lenders in accordance with their respective applicable Commitments (or, if such Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding Loans). Each Lender agrees that in computing such Lender's ’s portion of any Borrowing to be made hereunder, the Administrative Agent may, in its discretion, round each Lender's ’s percentage of such Borrowing to the next higher or lower whole dollar amount.

Appears in 2 contracts

Samples: Credit Agreement (Dynegy Inc.), Credit Agreement (Dynegy Inc /Il/)

Pro Rata Treatment. Except as otherwise provided in this Section 2.8 and as otherwise required under Section 2.153.4(e) or Section 2.12, each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Loans, each payment of the Commitment Feesfees, each reduction of the Term Loan Commitments or the Revolving Credit Commitments and each conversion of any Borrowing to or continuation of any Borrowing as a Borrowing of any Type shall be allocated pro rata among the Appropriate Lenders in accordance with their respective applicable Commitments (or, if such Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding LoansLoans of the applicable Class). Each Lender agrees that in computing such Lender's ’s portion of any Borrowing to be made hereunder, the Administrative Agent may, in its discretion, round each Lender's ’s percentage of such Borrowing to the next higher or lower whole dollar Dollar amount.

Appears in 2 contracts

Samples: Credit Agreement (Franchise Group, Inc.), Credit Agreement (Liberty Tax, Inc.)

Pro Rata Treatment. Except as required under Section 2.15, each Each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Loans, each payment of the Commitment Fees or the L/C Participation Fees, each reduction of the Term Loan Commitments or the Revolving Credit Commitments and each conversion of any Borrowing to or continuation of any Borrowing as a Borrowing of any Type shall be allocated pro rata among the Lenders in accordance with their respective applicable Commitments (or, if such Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding LoansLoans or participations in L/C Disbursements, as applicable). Each Lender agrees that in computing such Lender's portion of any Borrowing to be made hereunder, the Administrative Agent may, in its discretion, round each Lender's percentage of such Borrowing to the next higher or lower whole dollar amount.

Appears in 2 contracts

Samples: Credit Agreement (Spheris Leasing LLC), Credit Agreement (Spheris Operations Inc.)

Pro Rata Treatment. Except as required under Section 2.152.13, each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Loans, each payment of the Commitment Facility Fees, each reduction of the Term Loan U.S. Commitments or the Revolving Credit Australia/U.S. Commitments and each conversion of any Borrowing to or continuation of any Borrowing as with a Borrowing of any Type shall be allocated pro rata among the Lenders in accordance with their respective applicable Commitments (or, if such Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their applicable outstanding Loans). Each Lender agrees that in computing such Lender's portion of any Borrowing to be made hereunder, the Administrative Agent Agents may, in its their discretion, round each Lender's percentage of such Borrowing Borrowing, computed in accordance with Schedule 2.01, to the next higher or lower whole dollar amount.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Aluminum Co of America), Revolving Credit Agreement (Aluminum Co of America)

Pro Rata Treatment. Except as required under Section 2.12 2.13(i) or 2.15, each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Loans, each payment of the Commitment Fees, each reduction of the Term Loan Commitments or the Revolving Credit Commitments of any Series and each conversion of any Borrowing to or continuation of any Borrowing as a Borrowing of any Type shall be allocated pro rata among the Lenders in accordance with their respective applicable Commitments (or, if such Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding LoansLoans of the applicable Series). Each Lender agrees that in computing such Lender's ’s portion of any Borrowing to be made hereunder, the Administrative Agent may, in its discretion, round each Lender's ’s percentage of such Borrowing to the next higher or lower whole dollar amount.

Appears in 2 contracts

Samples: Credit Agreement (HMH Holdings (Delaware), Inc.), Intellectual Property Security Agreement (HMH Holdings (Delaware), Inc.)

Pro Rata Treatment. Except as otherwise provided in this Section 2.09 and as otherwise required under Section 2.152.16(e), each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Loans, each payment of the Commitment Feesfees, each reduction of the Term Loan Commitments or the Revolving Credit Commitments and each conversion of any Borrowing to or continuation of any Borrowing as a Borrowing of any Type shall be allocated pro rata among the Appropriate Lenders in accordance with their respective applicable Commitments (or, if such Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding LoansLoans of the applicable Class). Each Lender agrees that in computing such Lender's ’s portion of any Borrowing to be made hereunder, the Administrative Agent may, in its discretion, round each Lender's ’s percentage of such Borrowing to the next higher or lower whole dollar Dollar amount.

Appears in 1 contract

Samples: Abl Credit Agreement (Franchise Group, Inc.)

Pro Rata Treatment. Except as required under Section 2.152.13 hereof, each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Loans, each payment of the Facility Fees and Commitment Fees, each reduction of the Term Loan Commitments or the Revolving Credit Commitments and each conversion of any Borrowing to or continuation of any Borrowing as a Borrowing of any Type shall be allocated pro rata among the Lenders in accordance with their respective applicable Commitments (or, if such Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding Loans). Each Lender agrees that in computing such Lender's portion of any Borrowing to be made hereunder, the Administrative Agent may, in its discretion, round each Lender's percentage of such Borrowing to the next higher or lower whole dollar amount.

Appears in 1 contract

Samples: Credit Agreement (Ascent Entertainment Group Inc)

Pro Rata Treatment. Except as required under Section 2.152.15 and 2.23, each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Revolving Loans, each payment of the Commitment Fees, each reduction of the Term Loan Commitments or the Revolving Credit Commitments and each conversion of any Borrowing to or continuation of any Borrowing as a Borrowing of any Type shall be allocated pro rata among the Lenders in accordance with their respective applicable Revolving Credit Commitments (or, if such Revolving Credit Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding Revolving Loans). Each Lender agrees that in computing such Lender's ’s portion of any Borrowing to be made hereunder, the Administrative Agent may, in its discretion, round each Lender's ’s percentage of such Borrowing to the next higher or lower whole dollar Dollar amount.

Appears in 1 contract

Samples: Revolving Credit Agreement (Dynegy Inc.)

Pro Rata Treatment. Except as otherwise provided in this Section 2.8 and as otherwise required under Section 2.153.4(e), each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Loans, each payment of the Commitment Feesfees, each reduction of the Term Loan Commitments or the Revolving Credit Commitments and each conversion of any Borrowing to or continuation of any Borrowing as a Borrowing of any Type shall be allocated pro rata among the Appropriate Lenders in accordance with their respective applicable Commitments (or, if such Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding LoansLoans of the applicable Class). Each Lender agrees that in computing such Lender's portion ’s xxxxxon of any Borrowing to be made hereunder, the Administrative Agent may, in its discretion, round each Lender's ’s percentage of such Borrowing to the next higher or lower whole dollar Dollar amount.

Appears in 1 contract

Samples: Credit Agreement (Mimedx Group, Inc.)

Pro Rata Treatment. Except as required under Section Sections 2.13(e) and 2.15, each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Loans, each payment of the Commitment Fees, each reduction of the Term Loan Commitments or the Revolving Credit Commitments and each conversion of any Borrowing to or continuation of any Borrowing as a Borrowing of any Type shall be allocated pro rata among the Lenders in accordance with their respective applicable Commitments (or, if such Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding Loans). Each Lender agrees that in computing such Lender's portion of any Borrowing to be made hereunder, the Administrative Paying Agent may, in its discretion, round each Lender's percentage of such Borrowing to the next higher or lower whole dollar Dollar or Sterling amount.

Appears in 1 contract

Samples: Credit Agreement (Pacificorp /Or/)

Pro Rata Treatment. Except as required under Section 2.15, each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Loans, each payment of the Commitment Fees, each reduction of the Term Loan Commitments or the Revolving Credit Commitments and each conversion of any Borrowing to or continuation of any Borrowing as a Borrowing of any Type shall be allocated pro rata among the Lenders in accordance with their respective applicable Commitments (or, if such Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding Loans). Each Lender agrees that in computing such Lender's portion of any Borrowing to be made hereunder, the Administrative Paying Agent may, in its discretion, round each Lender's percentage of such Borrowing to the next higher or lower whole dollar amount.

Appears in 1 contract

Samples: Credit Agreement (Pacificorp /Or/)

Pro Rata Treatment. Except as otherwise provided in this Section 2.8 and as otherwise required under Section 2.153.4(e), each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Loans, each payment of the Commitment Feesfees, each reduction of the Term Loan Commitments or the Revolving Credit Commitments and each conversion of any Borrowing to or continuation of any Borrowing as a Borrowing of any Type shall be allocated pro rata among the Appropriate Lenders in accordance with their respective applicable Commitments (or, if such Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding LoansLoans of the applicable Class). Each Lender agrees that in computing such Lender's Xxxxxx’s portion of any Borrowing to be made hereunder, the Administrative Agent may, in its discretion, round each Lender's ’s percentage of such Borrowing to the next higher or lower whole dollar Dollar amount.

Appears in 1 contract

Samples: Credit Agreement (Ooma Inc)

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Pro Rata Treatment. Except as required under Section 2.152.15 and in respect of any election made pursuant to Section 2.13(g), each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Loans, each payment of the Commitment Feesany prepayment fee, each reduction of the Term Loan Commitments or the Revolving Credit Commitments and each conversion of any Borrowing to or continuation of any Borrowing as a Borrowing of any Type shall be allocated pro rata among the Lenders in accordance with their respective applicable Commitments (or, if such Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding Loans). Each Lender agrees that in computing such Lender's ’s portion of any Borrowing to be made hereunder, the Administrative Agent may, in its discretion, round each Lender's ’s percentage of such Borrowing to the next higher or lower whole dollar amount.

Appears in 1 contract

Samples: First Lien Credit Agreement (Atp Oil & Gas Corp)

Pro Rata Treatment. Except as required under Section 2.15, each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Loans, each payment of the Commitment Fees or the L/C Participation Fees, each reduction of the Term Loan Commitments or the Revolving Credit Commitments and each conversion of any Borrowing to or continuation of any Borrowing as a Borrowing of any Type shall be allocated pro rata among the Lenders in accordance with their respective applicable Commitments (or, if such Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding LoansLoans or participations in L/C Disbursements, as applicable). Each Lender agrees that in computing such Lender's ’s portion of any Borrowing to be made hereunder, the Administrative Agent may, in its discretion, round each Lender's ’s percentage of such Borrowing to the next higher or lower whole dollar amount.

Appears in 1 contract

Samples: Credit Agreement (Overnite Corp)

Pro Rata Treatment. Except as required under Section 2.15, each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Loans, each payment of the Commitment Fees, each reduction of the Term Loan Revolving Credit Commitments or the Revolving Credit Note Repurchase Loan Commitments and each conversion of any Borrowing to or continuation of any Borrowing as a Borrowing of any Type shall be allocated pro rata among the Lenders in accordance with their respective applicable Commitments (or, if such applicable Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding Loans). Each Lender agrees that in computing such Lender's portion of any Borrowing to be made hereunder, the Administrative Agent may, in its discretion, round each Lender's percentage of such Borrowing to the next higher or lower whole dollar amount.

Appears in 1 contract

Samples: Credit Agreement (Magellan Health Services Inc)

Pro Rata Treatment. Except as otherwise provided in this Section 2.7 and as otherwise required under Section 2.153.4(e), each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Loans, each payment of the Commitment Feesfees, each reduction of the Term Loan Commitments or the Revolving Credit Commitments and each conversion of any Borrowing to or continuation of any Borrowing as a Borrowing of any Type shall be allocated pro rata among the Appropriate Lenders in accordance with their respective applicable Revolving Commitments (or, if such Revolving Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding LoansLoans of the applicable Class). Each Lender agrees that in computing such Lender's portion of any Borrowing to be made hereunder, the Administrative Agent may, in its discretion, round each Lender's percentage of such Borrowing to the next higher or lower whole dollar Dollar amount.

Appears in 1 contract

Samples: Loan Agreement (RCM Technologies Inc)

Pro Rata Treatment. Except as required under Section 2.13(d) or (h) or 2.15, each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Loans, each payment of the Commitment Feesany prepayment fee, each reduction of the Term Loan Commitments or the Revolving Credit Commitments and each conversion of any Borrowing to or continuation of any Borrowing as a Borrowing of any Type shall be allocated pro rata among the Lenders in accordance with their respective applicable Commitments (or, if such Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding Loans). Each Lender agrees that in computing such Lender's ’s portion of any Borrowing to be made hereunder, the Administrative Agent may, in its discretion, round each Lender's ’s percentage of such Borrowing to the next higher or lower whole dollar amount.

Appears in 1 contract

Samples: Second Lien Credit Agreement (Itc Deltacom Inc)

Pro Rata Treatment. Except as required under Section 2.152.13, 2.14, 2.15 or 2.20, each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Term Loans, each payment of the Commitment Fees, each reduction of the Term Loan Commitments or the Revolving Credit Commitments and each conversion of any Borrowing to or continuation of any Borrowing as a Borrowing of any Type shall be allocated pro rata among the Lenders in accordance with their respective applicable Term Loan Commitments (or, if such Term Loan Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding Term Loans). Each Lender agrees that in computing such Lender's ’s portion of any Borrowing to be made hereunder, the Administrative Agent may, in its discretion, round each Lender's ’s percentage of such Borrowing to the next higher or lower whole dollar amount.

Appears in 1 contract

Samples: Credit Agreement (NRG Energy, Inc.)

Pro Rata Treatment. Except as required under Section 2.152.15 and as set forth in Section 2.13(f), each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Loans, each payment of the Delayed Draw Commitment Fees, each reduction of the Term Loan Commitments or the Revolving Credit Commitments and each conversion of any Borrowing to or continuation of any Borrowing as a Borrowing of any Type shall be allocated pro rata among the Lenders in accordance with their respective applicable Commitments (or, if such Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding Loans). Each Lender agrees that in computing such Lender's ’s portion of any Borrowing to be made hereunder, the Administrative Agent may, in its discretion, round each Lender's ’s percentage of such Borrowing to the next higher or lower whole dollar amount.

Appears in 1 contract

Samples: Credit Agreement (Sunterra Corp)

Pro Rata Treatment. Except as required under Section 2.152.12, each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Loans, each payment of the Commitment Fees, each reduction of the Term Loan Commitments or the Revolving Credit Commitments and each refinancing of any Borrowing with, conversion of any Borrowing to or continuation of any Borrowing as a Borrowing of any Type shall be allocated pro rata among the Lenders in accordance with their respective applicable Commitments (or, if such Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding Loans). Each Lender agrees that in computing such Lender's portion of any Borrowing to be made hereunder, the Administrative Agent may, in its discretion, round each Lender's percentage of such Borrowing Borrowing, computed in accordance with Section 2.01, to the next higher or lower whole dollar amount.

Appears in 1 contract

Samples: Credit Agreement (River Road Realty Corp)

Pro Rata Treatment. Except as otherwise provided in this Section 2.7 and as otherwise required under Section 2.153.4(e), each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Loans, each payment of the Commitment Feesfees, each reduction of the Term Loan Commitments or the Revolving Credit Commitments and each conversion of any Borrowing to or continuation of any Borrowing as a Borrowing of any Type shall be allocated pro rata among the Appropriate Lenders in accordance with their respective applicable Revolving Commitments (or, if such Revolving Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding LoansLoans of the applicable Class). Each Lender agrees that in computing such Lender's Lxxxxx’s portion of any Borrowing to be made hereunder, the Administrative Agent may, in its discretion, round each Lender's ’s percentage of such Borrowing to the next higher or lower whole dollar Dollar amount.

Appears in 1 contract

Samples: Loan Agreement (RCM Technologies, Inc.)

Pro Rata Treatment. Except as required under Section 2.152.12, each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Loans, each payment of the Commitment Facility Fees, each reduction of the Term Loan Commitments or the Revolving Credit Commitments and each refinancing of any Borrowing with, conversion of any Borrowing to or continuation of any Borrowing as a Borrowing of any Type shall be allocated pro rata among the Lenders in accordance with their respective applicable Commitments (or, if such Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding Loans). Each Lender agrees that in computing such Lender's portion of any Borrowing to be made hereunder, the Administrative Agent may, in its discretion, round each Lender's percentage of such Borrowing Borrowing, computed in accordance with Section 2.01, to the next higher or lower whole dollar amount.

Appears in 1 contract

Samples: Credit Agreement (Dillards Inc)

Pro Rata Treatment. Except as otherwise provided in this Section 2.8 and as otherwise required under Section 2.153.4(e), each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Loans, each payment of the Commitment Feesfees, each reduction of the Term Loan Commitments or the Revolving Credit Commitments and each conversion of any Borrowing to or continuation of any Borrowing as a Borrowing of any Type shall be allocated pro rata among the Lenders in accordance with their respective applicable Commitments (or, if such Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding Loans). Each Lender agrees that in computing such Lender's ’s portion of any Borrowing to be made hereunder, the Administrative Agent may, in its discretion, round each Lender's ’s percentage of such Borrowing to the next higher or lower whole dollar Dollar amount.

Appears in 1 contract

Samples: Credit Agreement (Cantor Fitzgerald Income Trust, Inc.)

Pro Rata Treatment. Except as required under Section 2.152.15 and in respect of any election made pursuant to Section 2.13(g)(i), each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Loans, each payment of the Commitment Feesany prepayment fee, each reduction of the Term Loan Commitments or the Revolving Credit Commitments and each conversion of any Borrowing to or continuation of any Borrowing as a Borrowing of any Type shall be allocated pro rata among the Lenders in accordance with their respective applicable Commitments (or, if such Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding Loans). Each Lender agrees that in computing such Lender's ’s portion of any Borrowing to be made hereunder, the Administrative Agent may, in its discretion, round each Lender's ’s percentage of such Borrowing to the next higher or lower whole dollar amount.

Appears in 1 contract

Samples: Second Lien Credit Agreement (Atp Oil & Gas Corp)

Pro Rata Treatment. Except as required under Section 2.15Sections 2.12(h) and 2.14, each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Loans, each payment of the Commitment Fees, each reduction of the Term Loan Commitments or the Revolving Credit Commitments and each conversion of any Borrowing to or continuation of any Borrowing as a Borrowing of any Type shall be allocated pro rata among the Lenders in accordance with their respective applicable Commitments (or, if such Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding Loans). Each Lender agrees that in computing such Lender's portion of any Borrowing to be made hereunder, the Administrative Agent may, in its discretion, round each Lender's percentage of such Borrowing to the next higher or lower whole dollar amount.

Appears in 1 contract

Samples: Credit Agreement (Alon USA Energy, Inc.)

Pro Rata Treatment. Except as required under Section 2.152.14, each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Loans, each payment of the Commitment Fees, each reduction of the Term Loan Commitments or the Revolving Credit Commitments and each refinancing of any Borrowing with, conversion of any Borrowing to or continuation of any Borrowing as a Borrowing of any Type shall be allocated pro rata among the Lenders in accordance with their respective applicable Commitments (or, if such Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding Loans). Each Lender agrees that in computing such Lender's portion of any Borrowing to be made hereunderBorrowing, the Administrative Agent may, in its discretion, round each Lender's percentage of such Borrowing Borrowing, computed in accordance with Section 2.01, to the next higher or lower whole dollar amount.

Appears in 1 contract

Samples: Credit Agreement (Res Acquisition Corp)

Pro Rata Treatment. Except as required under Section 2.15, each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Loans, each payment of the Commitment Fees, each reduction of the Term Loan Commitments or the Revolving Credit Commitments and each conversion of any Borrowing to or continuation of any Borrowing as a Borrowing of any Type shall be allocated pro rata among the Lenders in accordance with their respective applicable principal amounts of their outstanding Loans or, in the case of a reduction of Term Loan Commitments, their respective Commitments (or, if such Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding Loans). Each Lender agrees that in computing such Lender's ’s portion of any Borrowing to be made hereunder, the Administrative Agent may, in its discretion, round each Lender's ’s percentage of such Borrowing to the next higher or lower whole dollar amount.

Appears in 1 contract

Samples: Credit Agreement (Quorum Health Corp)

Pro Rata Treatment. Except as required under Section 2.152.12, each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Loans, each payment of the Commitment Fees, each reduction of the Term Loan Commitments or the Revolving Credit Commitments and each conversion change of any Borrowing to or continuation of any Borrowing as a Borrowing of any another Type shall be allocated pro rata among the Lenders in accordance with their respective applicable Revolving Credit Commitments (or, if such Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding Revolving Loans)) and each payment or prepayment of principal of any Borrowing, each payment of interest on the Loans and each payment of Commitment Fees shall be allocated pro rata among the Lenders entitled thereto. Each Lender agrees that in computing such Lender's portion of any Borrowing to be made hereunder, the Administrative Agent may, in its discretion, round each Lender's percentage of such Borrowing Borrowing, computed in accordance with Section 2.01, to the next higher or lower whole dollar Dollar amount.

Appears in 1 contract

Samples: Credit Agreement (Ethan Allen Interiors Inc)

Pro Rata Treatment. Except as required under Section 2.152.14, 2.15 or 2.16 each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Loans, each payment of the Commitment Fees, each reduction of the Term Loan Commitments or the Revolving Credit Commitments and each refinancing of any Borrowing with, conversion of any Borrowing to or continuation of any Borrowing as a Borrowing of any Type shall be allocated pro rata among the Lenders in accordance with their respective applicable Commitments (or, if such Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding Loans). Each Lender agrees that in computing such Lender's portion of any Borrowing to be made hereunder, the Administrative Agent may, in its discretion, round each Lender's percentage of such Borrowing to the next higher or lower whole dollar amount. SECTION 2.18.

Appears in 1 contract

Samples: Oak Industries Inc

Pro Rata Treatment. Except as required under Section 2.152.15 or 2.23, each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Loans, each payment of the Commitment Fees and L/C Participation Fees, each reduction of the Term Loan Commitments or the Revolving Credit Commitments and each conversion of any Borrowing to or continuation of any Borrowing as a Borrowing of any Type shall be allocated pro rata among the Lenders in accordance with their respective applicable Commitments (or, if such the Commitments shall have expired or been terminated, in accordance with the respective principal amounts of their outstanding Loans). Each Lender agrees that in computing such Lender's ’s portion of any Borrowing to be made hereunder, the Administrative Agent may, in its discretion, round each Lender's ’s percentage of such Borrowing to the next higher or lower whole dollar amount.

Appears in 1 contract

Samples: Credit Agreement (Tronox Inc)

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