Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits on a non-pro rata basis.
Appears in 4 contracts
Samples: Credit Agreement (AlTi Global, Inc.), Credit Agreement (AlTi Global, Inc.), Credit Agreement (Limbach Holdings, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning XxxxxxLender’s rights and obligations under this Agreement with respect to the Loan Loans or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among the revolving credit facility provided hereunder and any separate Credits revolving credit facilities provided pursuant to the last paragraph of Section 10.01 on a non-pro rata basis.;
Appears in 4 contracts
Samples: Credit Agreement (Avery Dennison Corp), Assignment and Assumption (Avery Dennison Corp), Credit Agreement (Avery Dennison Corp)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning XxxxxxLender’s rights and obligations under this Agreement with respect to the Loan or the Revolving Credit Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits in respect of Revolving Credit Commitments and Term Loans on a non-pro rata basis.
Appears in 4 contracts
Samples: Credit Agreement (Carlyle Group L.P.), Credit Agreement (Carlyle Group L.P.), Credit Agreement (Carlyle Group L.P.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s Loans and rights and obligations under this Agreement with respect to the Loan or the Commitment thereto, assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits in respect of its outstanding portion of the Loan on a non-pro rata basis.;
Appears in 4 contracts
Samples: Credit Agreement (Green Plains Inc.), Credit Agreement (Green Plains Partners LP), Credit Agreement (Green Plains Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan or the Commitment assigned, except that this clause (iiSection 9.06(b)(ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits Credit Facilities on a non-pro rata basis.
Appears in 4 contracts
Samples: Credit Agreement (B. Riley Financial, Inc.), Credit Agreement (B. Riley Financial, Inc.), Credit Agreement (B. Riley Financial, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning XxxxxxLender’s rights and obligations under this Agreement with respect to the Loan Loans, other Revolving Credit Exposure or the Commitment Commitments assigned, except that this clause (iiSection 12.4(b)(ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits on a non-pro rata basisbasis as between its Revolving Commitment and/or Revolving Loans, on the one hand, and any Incremental Term Loans, on the other the hand.
Appears in 3 contracts
Samples: Credit Agreement (Air Transport Services Group, Inc.), Credit Agreement (Air Transport Services Group, Inc.), Credit Agreement (Air Transport Services Group, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Credit Agreement with respect to the Loan Loans or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits Facilities on a non-pro rata basis.;
Appears in 3 contracts
Samples: Credit Agreement (MSGE Spinco, Inc.), Credit Agreement (Madison Square Garden Entertainment Corp.), Credit Agreement (Madison Square Garden Entertainment Corp.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan Loans or the Commitment assigned, except that this clause (ii) shall not apply to prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits Facilities on a non-pro rata basis.;
Appears in 3 contracts
Samples: Credit Agreement (Empire State Realty Trust, Inc.), Credit Agreement (Empire State Realty OP, L.P.), Credit Agreement (Empire State Realty OP, L.P.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning XxxxxxLender’s Loans and Commitments, and rights and obligations under this Agreement with respect to the Loan or the Commitment thereto assigned, except that this clause (iiSection 11.06(b)(ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits in respect of its Revolving Commitment (and the related Revolving Loans thereunder) and its outstanding Term Loans on a non-pro rata basis.
Appears in 3 contracts
Samples: Credit Agreement (ironSource LTD), Credit Agreement (ironSource LTD), Credit Agreement (Docusign, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning XxxxxxLender’s rights and obligations under this Agreement with respect to the Loan Revolving Credit Loans or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among the revolving credit facility provided hereunder and any separate Credits revolving credit or term loan facilities provided pursuant to the last paragraph of Section 11.01 on a non-pro rata basis.;
Appears in 3 contracts
Samples: Credit Agreement (American Residential Properties, Inc.), Credit Agreement (American Residential Properties, Inc.), Credit Agreement (American Residential Properties, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan Loans, other Revolving Credit Exposure or the Commitment Commitments assigned, except that this clause subsection (iib)(ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits Commitments on a non-pro rata basis.
Appears in 3 contracts
Samples: Credit Agreement (Apollo Medical Holdings, Inc.), Subsidiary Guaranty Agreement (Healthstream Inc), Revolving Credit Agreement (Repay Holdings Corp)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan Loans or the Commitment Commitments assigned, except that this clause (iiSection 10.4(b)(ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits Commitments on a non-pro rata basis.
Appears in 3 contracts
Samples: Term Loan Agreement (Sila Realty Trust, Inc.), Term Loan Agreement (Sila Realty Trust, Inc.), Term Loan Agreement (Sila Realty Trust, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning XxxxxxLender’s rights and obligations under this Agreement with respect to the Loan Loans or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among the revolving credit facility provided hereunder and any separate Credits revolving credit provided pursuant to the second to last paragraph of Section 10.01 on a non-pro rata basis.;
Appears in 3 contracts
Samples: Credit Agreement (Dream Finders Homes, Inc.), Credit Agreement (Dream Finders Homes, Inc.), Credit Agreement (Dream Finders Homes, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan Loans or the portion of such Xxxxxx’s Commitment assigned, except that this clause subpart (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among with respect to separate Credits facilities on a non-pro rata basis.
Appears in 3 contracts
Samples: Second Amendment Agreement (Universal Logistics Holdings, Inc.), Credit and Security Agreement (Bel Fuse Inc /Nj), Credit and Security Agreement (AvidXchange Holdings, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan Loans, other Revolving Credit Exposure or the Commitment Commitments assigned, except that this clause subsection (iib)(ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits Commitments or Classes on a non-pro rata basis.
Appears in 3 contracts
Samples: Credit Agreement (PACS Group, Inc.), Credit Agreement (Pennant Group, Inc.), Credit and Guaranty Agreement (CareTrust REIT, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning XxxxxxLender’s rights and obligations under this Agreement with respect to the Loan Loans or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among the revolving credit facility provided hereunder and any separate Credits revolving credit or term loan facilities provided pursuant to the last paragraph of Section 11.01 on a non-pro rata basis.;
Appears in 3 contracts
Samples: Credit Agreement (Adeptus Health Inc.), Credit Agreement (Adeptus Health Inc.), Credit Agreement (Adeptus Health Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan Loans, other Revolving Credit Exposure or the Commitment Commitments assigned, except that this clause subsection (iib)(ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits Commitments on a non-pro rata basis.. (iii)
Appears in 3 contracts
Samples: Revolving Credit and Term (Amneal Pharmaceuticals, Inc.), Credit and Term Loan Agreement (Amneal Pharmaceuticals, Inc.), Credit Agreement (Apollo Medical Holdings, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan Loans or the Commitment assigned, except that this clause assigned or (iiB) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among any separate Credits revolving credit or term loan facilities provided pursuant to the last paragraph of Section 10.01 on a non-pro rata basis.;
Appears in 2 contracts
Samples: Term Loan Credit Agreement (Nn Inc), Term Loan Credit Agreement (Nn Inc)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s or Issuing Bank’s rights and obligations under this Agreement with respect to the Loan Advance or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits Facilities on a non-pro rata basis.
Appears in 2 contracts
Samples: Credit Agreement (Jabil Inc), Assignment and Assumption (Omnicom Group Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loan Loans or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits the revolving credit facility provided hereunder on a non-pro rata basis.;
Appears in 2 contracts
Samples: Credit Agreement (Arthur J. Gallagher & Co.), Credit Agreement (Arthur J. Gallagher & Co.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan Loans or the Commitment assigned, except that this clause (ii) shall not apply to prohibit any Lender from assigning all or a portion of its rights and obligations among under separate Credits Facilities on a non-pro rata basis.;
Appears in 2 contracts
Samples: Credit Agreement (Acadia Realty Trust), Credit Agreement (Acadia Realty Trust)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning XxxxxxLxxxxx’s rights and obligations under this Agreement with respect to the Loan or the Commitment assigned, except that this clause (iiSection 11.1(a)(iii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits tranches on a non-pro rata basisbasis (if any).
Appears in 2 contracts
Samples: Credit Agreement (XPO, Inc.), Revolving Loan Credit Agreement (XPO, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning XxxxxxLender’s rights and obligations under this Agreement with respect to the Loan Loans or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among the revolving credit facility provided hereunder and any separate Credits revolving credit or term loan facilities provided pursuant to Section 2.14 on a non-pro rata basis.;
Appears in 2 contracts
Samples: Credit Agreement (International Money Express, Inc.), Credit Agreement (International Money Express, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits facilities on a non-pro rata basis.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (TransMedics Group, Inc.), Credit Agreement (Shimmick Corp)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement the Loan Documents with respect to the Loan or Loans and/or the Commitment assigned, except that this clause (iib)(ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits Facilities on a non-pro rata basis.
Appears in 2 contracts
Samples: Credit Agreement (Advanced Energy Industries Inc), Credit Agreement (Advanced Energy Industries Inc)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan or the Commitment assigned, except that this clause subsection (iib)(ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits Facilities on a non-pro rata basis.
Appears in 2 contracts
Samples: Credit Agreement (National Storage Affiliates Trust), Credit Agreement (National Storage Affiliates Trust)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits on a non-pro rata basis.. (iii)
Appears in 2 contracts
Samples: Credit Agreement (Sterling Infrastructure, Inc.), Credit Agreement (Sterling Infrastructure, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan Loans or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among under separate Credits Facilities on a non-pro rata pro-rata-basis.;
Appears in 2 contracts
Samples: Credit Agreement (Highwoods Realty LTD Partnership), Credit Agreement (Highwoods Realty LTD Partnership)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning XxxxxxLxxxxx’s rights and obligations under this Agreement with respect to the Loan or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits Facilities on a non-pro rata basis.
Appears in 2 contracts
Samples: Credit Agreement (ATN International, Inc.), Credit Agreement (Accuray Inc)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the applicable Loan or the applicable Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits Facilities on a non-pro rata basis.
Appears in 2 contracts
Samples: Loan and Security Agreement (Bluegreen Vacations Holding Corp), Loan Agreement (Aaon, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan Loans or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits Facilities on a non-pro rata basis.
Appears in 2 contracts
Samples: Credit Agreement (Turning Point Brands, Inc.), Credit Agreement (MGM Growth Properties LLC)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loan or Loans and/or the Commitment assigned, except that this clause (iib)(ii) shall not apply to prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits Facilities on a non-pro rata basis.
Appears in 2 contracts
Samples: Credit Agreement (Boston Beer Co Inc), Credit Agreement (PureCycle Technologies, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning XxxxxxLender’s rights and obligations under this Agreement with respect to the Loan Class of Credit Extensions or the Commitment Class of Commitments, as the case may be, assigned, except that this clause (ii) shall not prohibit any Revolving Loan Lender from assigning all or a portion of its rights and obligations among separate Credits Revolving Commitments on a non-pro rata basis.;
Appears in 2 contracts
Samples: Credit Agreement (Snyder's-Lance, Inc.), Credit Agreement (Snyder's-Lance, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan or the Commitment assigned, except that this clause (iiSection 11.1(a)(iii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits tranches on a non-pro rata basisbasis (if any).
Appears in 2 contracts
Samples: Credit Agreement (Forward Air Corp), Credit Agreement (XPO, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan Loans or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among the revolving credit facility provided hereunder and any separate Credits revolving credit or term loan facilities provided pursuant to the last paragraph of Section 10.01 on a non-pro rata basis.; (iii)
Appears in 2 contracts
Samples: Credit Agreement (Tanger Properties LTD Partnership /Nc/), Liquidity Credit Agreement (Tanger Properties LTD Partnership /Nc/)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan or the Commitment assignedassigned provided, further, that the Borrower’s consent shall not be required during the primary syndication of the Facilities, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits Facilities on a non-pro rata basis.
Appears in 2 contracts
Samples: Credit Agreement (Cadre Holdings, Inc.), Credit Agreement (Cadre Holdings, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits in respect of different Classes of Commitments on a non-pro rata basis.
Appears in 2 contracts
Samples: Credit Agreement (Geo Group Inc), Credit Agreement (Geo Group Inc)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning XxxxxxLxxxxx’s rights and obligations under this Agreement with respect to the Loan Loans or the portion of such Lxxxxx’s Commitment assigned, except that this clause subpart (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among with respect to separate Credits facilities on a non-pro rata basis.
Appears in 2 contracts
Samples: Credit and Security Agreement (DMC Global Inc.), Credit and Security Agreement (Universal Logistics Holdings, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all of the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan Loans or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits under the Facilities on a non-pro rata basis.
Appears in 2 contracts
Samples: Credit Agreement (Sabra Health Care REIT, Inc.), Credit Agreement (Sabra Health Care REIT, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning XxxxxxBank’s rights and obligations under this Agreement with respect to the Loan or the Loan Commitment assigned, except that this clause (ii) shall not prohibit any Lender Bank from assigning all or a portion of its rights and obligations among the revolving credit facility provided hereunder and any separate Credits revolving credit or incremental term loan facilities provided pursuant to Section 12.02(c)(ii) on a non-pro rata basis.
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan or the Revolving Commitment assigned, except that this clause (ii) shall not (a) prohibit any Lender from assigning all or a any portion of its rights and obligations among separate Credits Facilities on a non-pro rata basis.ratable basis or (b) apply to rights in respect of a Bid Rate Loan. (iii)
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits facilities hereunder on a non-pro rata basis.;
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan Loans or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among the Facility provided hereunder and any separate Credits term loan facilities provided pursuant to the last paragraph of Section 11.01 on a non-pro rata basis.;
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan Loans, other Revolving Credit Exposure or the Commitment Commitments assigned, except that this clause subsection (iib)(ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits Commitments on a non-pro rata basis.. 129
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan Loans or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among under separate Credits Facilities on a non-pro pro-rata basis.;
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits tranches on a non-pro rata basis.. (iii)
Appears in 1 contract
Samples: Hni Corp
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all of the assigning XxxxxxLxxxxx’s rights and obligations under this Agreement with respect to the Loan Loans or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits the Facilities on a non-pro rata basis.
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits Facilities on a non-pro rata basis.. (iii)
Appears in 1 contract
Samples: Credit Agreement (Kaltura Inc)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan Loans or the portion of such Xxxxxx’s Commitment assigned, except that this clause subpart (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among with respect to separate Credits facilities on a non-pro rata basis.. (iii)
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan Loans or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits Facilities and any facilities provided pursuant to the second paragraph of Section 10.01 on a nonnon- pro-pro rata basis.. (iii)
Appears in 1 contract
Samples: Credit Agreement (Altisource Portfolio Solutions S.A.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan Term Loans or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits Facilities on a non-pro rata basis.
Appears in 1 contract
Samples: Credit Agreement (American Renal Associates Holdings, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan or the Commitment assigned, except that this clause (ii) Term Loans. No Lender shall not prohibit any Lender from assigning assign all or a portion of its rights and obligations among separate Credits Facilities on a non-pro rata basis.
Appears in 1 contract
Samples: Term Loan Credit Agreement (Purple Innovation, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning XxxxxxLxxxxx’s rights and obligations under this Agreement with respect to the Loan or the Revolving Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits Tranches on a non-pro rata basis.
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this 135 sf-5537426 Agreement with respect to the Loan or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits Facilities on a non-pro rata basis.
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s Loans and Commitments, and rights and obligations under this Agreement with respect to the Loan or the Commitment thereto, assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits in respect of its outstanding Term Loans on a non-pro rata basis.; (iii)
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan or the Revolving Credit Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits Facilities on a non-pro rata basis.
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan Loans or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits Tranches hereunder on a non-pro rata basis.; (iii)
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning XxxxxxLender’s rights and obligations under this Agreement with respect to the Loan Loans, other Revolving Credit Exposure or the Commitment Commitments assigned, except that this clause (iiSection 11.4(b)(ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits Commitments on a non-pro rata basis.
Appears in 1 contract
Samples: Credit Agreement (Biote Corp.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning XxxxxxLender’s rights and obligations under this Agreement with respect to the Loan Advance or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and NYDOCS01/1357750.4 obligations among separate Credits the Letter of Credit Facility and the Revolving Credit Commitments on a non-pro rata basis.
Appears in 1 contract
Samples: Credit Agreement (Xerox Corp)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan applicable Loans or the Commitment applicable Commitment(s) assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits Facilities on a non-pro rata basis.
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Type of Loan or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits Tranches on a non-pro rata basis.
Appears in 1 contract
Samples: Assignment and Assumption Agreement (Park Hotels & Resorts Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits Facilities on a non-pro rata basis.. 123
Appears in 1 contract
Samples: Credit Agreement (Nerdwallet, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits Classes of Loans and Commitments on a non-pro rata basis.
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan Loans or the Commitment assigned, except that this clause (iib) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among with respect to separate Credits Classes of Loans and Commitments on a non-pro rata basis.
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s Loans and Commitments of the applicable Class, and rights and obligations under this Agreement with respect to the Loan or the Commitment thereto, assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits Facilities on a non-pro rata basis.. 212 #95537764v15AMERICAS/2023466857.21 #96465179v1
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s Loans and Commitments, and rights and obligations under this Agreement with respect to the Loan or the Commitment thereto assigned, except that this clause (iiSection 11.06(b)(ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits in respect of its Revolving Commitment (and the related Revolving Loans thereunder) and its outstanding Term Loans on a non-pro rata basis.
Appears in 1 contract
Samples: Credit Agreement (Docusign, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning XxxxxxLxxxxx’s rights and obligations under this Agreement with respect to the Loan or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits on a non-pro rata basis.
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning XxxxxxLender’s rights and obligations under this Loan Agreement with respect to the Loan or the Revolving Commitment assigned, except that this clause paragraph (iib)(ii) of this Section 9.8 shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits tranches on a non-pro rata basis.
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan Loans or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits under the different Facilities on a non-pro rata basis.
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning XxxxxxLender’s rights and obligations under this Agreement with respect to the Loan or the Commitment assigned, except that this clause paragraph (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits Facilities (in the event that the Revolving Credit Facility is not the sole credit facility under this Agreement) on a non-pro rata basis.. 100
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all of the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan Loans or the Commitment assigned, except that this clause (ii) shall not apply to prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits Facilities on a non-pro rata basis.
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning 125 |US-DOCS\140878708.9|| all or a portion of its rights and obligations among separate Credits Tranches on a non-pro rata basis.
Appears in 1 contract
Samples: Credit Agreement (ARKO Corp.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all of the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan Loans or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits the Facilities on a non-pro rata basis.
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning XxxxxxLender’s rights and obligations under this Agreement with respect to the Loan Loans or the Revolving Credit Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits tranches of the Revolving Credit Facility on a non-pro rata basis.;
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning XxxxxxLender’s rights and obligations under this Agreement with respect to the Loan or the Commitment Revolving Credit Commitment(s) assigned, except that this clause (iiSection 12.9(b)(ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits facilities on a non-pro rata basis.
Appears in 1 contract
Samples: Credit Agreement (Guild Holdings Co)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan Loans or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations provided hereunder among separate Credits the Facilities on a non-pro rata basis.
Appears in 1 contract
Samples: Term Loan Credit Agreement (Toro Co)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s 's rights and obligations under this Agreement with respect to the Loan Loans or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits hereunder on a non-pro rata basis.;
Appears in 1 contract
Samples: Credit Agreement (Celanese Corp)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan Loans or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among the separate Credits credit facilities provided hereunder on a non-pro rata basis.
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning XxxxxxLxxxxx’s rights and obligations under this Agreement with respect to the Loan or the Commitment assigned, except that this clause paragraph (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits facilities, if any, on a non-pro rata basis.
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all of the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan Commitments or the Commitment Credit Extensions assigned, except that this clause (ii) shall does not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits facilities on a non-pro rata basis.. (iii)
Appears in 1 contract
Samples: Execution Version Loan and Security Agreement (DraftKings Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning XxxxxxLender’s Loans and Revolving Commitments, and rights and obligations under this Agreement with respect to the Loan or the Commitment thereto, assigned, except that this clause (iiSection 10.06(b)(ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits in respect of its Revolving Commitment (and the related Revolving Loans thereunder) on a non-pro rata basis.;
Appears in 1 contract
Samples: Credit Agreement (TPG Partners, LLC)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning XxxxxxLxxxxx’s rights and obligations under this Agreement with respect to the Loan Loans or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits Facilities on a non-pro rata basis.;
Appears in 1 contract
Samples: Term Loan Credit Agreement (Getty Realty Corp /Md/)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all of the assigning XxxxxxLxxxxx’s rights and obligations under this Agreement with respect to the Loan Loans or the Commitment assigned, except that this clause (ii) shall not apply to prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits Facilities on a non-pro rata basis.
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning XxxxxxLender’s rights and obligations under this Agreement with respect to the Loan Loans, other Revolving Credit Exposure or the Commitment Commitments assigned, except that this clause (iiSection 10.4(b)(ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits Commitments on a non-pro rata basis.
Appears in 1 contract
Samples: Revolving Credit Agreement (Sila Realty Trust, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning XxxxxxLender’s rights and obligations under this Agreement with respect to the Loan or the Commitment assigned, except that this clause (iiSection 9.06(b)(ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits Credit Facilities on a non-pro rata basis.. 217
Appears in 1 contract
Samples: Credit Agreement (Compass Minerals International Inc)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan Loans or the Commitment Commitments assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion apply to rights in respect of its rights and obligations among separate Credits on a non-pro rata basis.Bid Loans;
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning XxxxxxLender’s rights and obligations under this Agreement with respect to the Loan or the Commitment assigned, except that this clause paragraph (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits Facilities (in the event that the Revolving Credit Facility is not the sole credit facility under this Agreement) on a non-pro rata basis.
Appears in 1 contract
Samples: Assignment and Assumption (Gulf Island Fabrication Inc)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits Facilities on a non-pro rata basis.. 118
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan applicable Loans, other Revolving Credit Exposure or the Commitment Commitments assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits in respect of its Revolving Commitment (and the related Revolving Loans and other Revolving Credit Exposure thereunder) on a non-pro rata basis.. (iii)
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan Loans or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among under separate Credits Facilities on a non-pro rata basis.
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan Loans, other Revolving Credit Exposure or the Commitment Commitments assigned, except that this clause (iiSection 10.4(b)(ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits Commitments on a non-pro rata basis.
Appears in 1 contract
Samples: Revolving Credit Agreement (Sila Realty Trust, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan Loans or the Commitment assigned, except that this clause (ii) shall not 97 prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits Facilities on a non-pro rata basis.;
Appears in 1 contract
Samples: Credit Agreement (Corelogic, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan Loans, Revolving Credit Exposure or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits Commitments on a non-pro rata basis.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Strategic Education, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan Loan(s) or the Commitment Commitment(s) assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits Classes of Loans and Commitments on a non-pro pro-rata basis.
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning XxxxxxLender’s or Issuing Bank’s 113 US-DOCS\122160094.24 rights and obligations under this Agreement with respect to the Loan Advance or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits Facilities on a non-pro rata basis.
Appears in 1 contract
Samples: Credit Agreement (Synnex Corp)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan Loans, Revolving Credit Exposure or the Commitment Commitments assigned, except ; provided that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits Commitments on a non-pro rata basis.
Appears in 1 contract
Samples: Credit Agreement (E.W. SCRIPPS Co)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Credit Agreement with respect to the Loan or the Individual 5-Year Commitment assigned, except that this clause (iib) shall not (A) apply to rights in respect of Bid Rate Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits facilities on a non-pro rata basis.
Appears in 1 contract
Samples: Credit Agreement (CHS Inc)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning XxxxxxLender’s rights and obligations under this Agreement with respect to the Loan Loan, the Revolving Credit Commitment or the Term Credit Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits Credit Facilities on a non-pro rata basis.;
Appears in 1 contract
Samples: Credit Agreement (Blucora, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning XxxxxxLxxxxx’s rights and obligations under this Agreement with respect to the Loan or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits Facilities on a non-pro rata basis.. 127
Appears in 1 contract
Samples: Credit Agreement (Yext, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement with respect to the Loan or the Revolving Credit Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Credits classes on a non-pro rata basis.;
Appears in 1 contract
Samples: Credit Agreement (Copart Inc)
