Common use of Administrative Agent’s Discretion on Allocation Clause in Contracts

Administrative Agent’s Discretion on Allocation. In the event that it is not practicable to: (a) allocate an Accommodation based on each Lender's Rateable Portion in accordance with Section 3.2 or 4.1(2) by reason of the occurrence of circumstances described in Section 9.4; or (b) allocate a Drawing among the Lenders in accordance with Section 4.1(2), by reason of the need to ensure that each Bankers' Acceptance is in a Face Amount as required by Section 2.1(5)(b); the Administrative Agent is authorized by the Borrower and each Lender to make such allocation as the Administrative Agent determines in its sole and unfettered discretion may be equitable in the circumstances, subject in all cases to Section 2.1. All fees in respect of any such Drawing, and fees payable under Section 2.6(a), shall be adjusted, as among the Lenders, by the Administrative Agent accordingly.

Appears in 1 contract

Samples: Credit Agreement (Kinder Morgan Inc)

AutoNDA by SimpleDocs

Administrative Agent’s Discretion on Allocation. In the event that it is not practicable to: (a) allocate an Accommodation based on each Lender's Rateable Portion pro rata in accordance with Section section 3.2 or 4.1(2) by reason of the occurrence of circumstances described in Section 9.4Article 9; or (b) allocate a Drawing among the Lenders in accordance with Section section 4.1(2), ) by reason of the need to ensure that each the aggregate amount of Bankers' Acceptance is ’ Acceptances required to be accepted hereunder complies with the minimum amounts or increments set forth in a Face Amount as required by Section 2.1(5)(bsection 2.1(4); the Administrative Agent is authorized by the Borrower and each Lender to make such allocation as the Administrative Agent determines in its sole and unfettered discretion may be equitable in the circumstances, subject in all cases to Section section 2.1. All fees in respect of any such Drawing, and fees payable under Section 2.6(asection 2.7(1)(a), shall be adjusted, as among the Lenders, by the Administrative Agent accordingly.

Appears in 1 contract

Samples: Third Amending Agreement (Telus Corp)

Administrative Agent’s Discretion on Allocation. In the event that it is not practicable to: (a) allocate an Accommodation based on each Lender's Rateable Portion pro rata in accordance with Section 3.2 or 4.1(2) by reason of the occurrence of circumstances described in Section 9.43.1 or 3.2 of the Provisions; or (b) allocate a Drawing among the Lenders in accordance with Section 4.1(2), ) by reason of the need to ensure that each the aggregate amount of Bankers' Acceptance is ’ Acceptances required to be accepted hereunder complies with the minimum amounts or increments set forth in a Face Amount as required by Section 2.1(5)(b2.1(4); the Administrative Agent is authorized by the Borrower and each Lender to make such allocation as the Administrative Agent determines in its sole and unfettered discretion may be equitable in the circumstances, subject in all cases to Section 2.1. All fees in respect of any such Drawing, and fees payable under Section 2.6(a), shall be adjusted, as among the Lenders, by the Administrative Agent accordingly.

Appears in 1 contract

Samples: Credit Agreement (Kinder Morgan Inc)

Administrative Agent’s Discretion on Allocation. In the event that it is not practicable to: (a) allocate to each relevant Lender its Rateable Portion of an Accommodation based on each Lender's Rateable Portion in accordance with Section section 3.2 or 4.1(2) by reason of the occurrence of circumstances described in Section 9.4Article 11; or (b) allocate a Drawing among the relevant Lenders in accordance with Section section 4.1(2), by reason ) such that the aggregate amount of Bankers’ Acceptances required to be accepted hereunder complies with the need to ensure that each Bankers' Acceptance is minimum amounts or increments set forth in a Face Amount as required by Section 2.1(5)(bsection 2.1(4); the Administrative Agent is authorized by the Borrower and each relevant Lender to make such allocation as the Administrative Agent determines in its sole and unfettered discretion may be equitable in the circumstances, subject in all cases to Section 2.1. All fees in respect of and repayments in connection with any such DrawingAccommodation, and fees payable under Section 2.6(a)as well as future Accommodations, shall be adjusted, adjusted as among the Lenders, relevant Lenders by the Administrative Agent accordingly.

Appears in 1 contract

Samples: Credit Agreement (Macdonald Dettwiler & Associates LTD)

AutoNDA by SimpleDocs

Administrative Agent’s Discretion on Allocation. In the event that it is not practicable to: (a) allocate an Accommodation based on each Lender's Rateable Portion pro rata in accordance with Section section 3.2 or 4.1(2) by reason of the occurrence of circumstances described in Section 9.4ARTICLE 9; or (b) allocate a Drawing among the Lenders in accordance with Section section 4.1(2), ) by reason of the need to ensure that each the aggregate amount of Bankers' Acceptance is Acceptances required to be accepted hereunder complies with the minimum amounts or increments set forth in a Face Amount as required by Section 2.1(5)(bsection 2.1(4); the Administrative Agent is authorized by the Borrower and each Lender to make such allocation as the Administrative Agent determines in its sole and unfettered discretion may be equitable in the circumstances, subject in all cases to Section section 2.1. All fees in respect of any such Drawing, and fees payable under Section 2.6(asection 2.7(1), shall be adjusted, as among the Lenders, by the Administrative Agent accordingly.

Appears in 1 contract

Samples: Credit Agreement (Telus Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!