Common use of Administrative Agent’s Discretion to Allocate Clause in Contracts

Administrative Agent’s Discretion to Allocate. Notwithstanding the provisions of Section 3.2 with respect to the funding of Loans and Bankers’ Acceptances in accordance with each Lender’s Pro Rata Share, the Administrative Agent shall be entitled to reallocate the funding or reimbursement obligations among the relevant Lenders in order to ensure, to the greatest extent practicable, that after such funding the aggregate amount of credit extended hereunder by each Lender coincides with such Lender’s Pro Rata Share of the aggregate amount of credit extended under the Credit Facility by all of the Lenders, provided that no such allocation shall result in the aggregate amount of credit extended hereunder by any Lender exceeding such Lender’s Individual Commitment.

Appears in 4 contracts

Samples: Credit Agreement (New Gold Inc. /FI), Loan Agreement (New Gold Inc. /FI), Credit Agreement (New Gold Inc. /FI)

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Administrative Agent’s Discretion to Allocate. Notwithstanding the provisions of Section Sections 3.2 and 9.6(b) with respect to the funding of Loans and Bankers’ Acceptances reimbursing with respect to Letters in accordance with each Lender’s Pro Rata Share, the Administrative Agent shall be entitled to reallocate the funding or reimbursement obligations among the relevant Lenders in order to ensure, to the greatest extent practicable, that after such funding the aggregate amount of credit extended hereunder by each Lender coincides with such Lender’s Pro Rata Share of the aggregate amount of credit extended under the Credit Facility by all of the Lenders, provided that no such allocation shall result in the aggregate amount of credit extended hereunder by any Lender exceeding such Lender’s Individual CommitmentCommitment under the Credit Facility.

Appears in 3 contracts

Samples: Credit Agreement (Equinox Gold Corp.), Credit Agreement (Silvercrest Mines Inc), Credit Agreement (Endeavour Silver Corp)

Administrative Agent’s Discretion to Allocate. Notwithstanding the provisions of Section 3.2 and 9.4(b) with respect to the funding of Loans and Bankers’ Acceptances reimbursing with respect to Letters in accordance with each Lender’s Pro Rata Share, the Administrative Agent shall be entitled to reallocate the funding or reimbursement obligations among the relevant Lenders in order to ensure, to the greatest extent practicable, that after such funding the aggregate amount of credit extended hereunder by each Lender coincides with such Lender’s Pro Rata Share of the aggregate amount of credit extended under the a particular Credit Facility by all of the Lenders, provided that no such allocation shall result in the aggregate amount of credit extended hereunder by any Lender exceeding such Lender’s Individual CommitmentCommitment under such Credit Facility.

Appears in 2 contracts

Samples: Credit Agreement (Allied Nevada Gold Corp.), Credit Agreement (Allied Nevada Gold Corp.)

Administrative Agent’s Discretion to Allocate. Notwithstanding the provisions of Section 3.2 with respect to the funding of Loans and Bankers’ Acceptances in accordance with each Lender’s Pro Rata Share, the The Administrative Agent shall be entitled to reallocate the funding or reimbursement obligations among the relevant Lenders in order to ensure, to the greatest extent practicable, that after such funding the aggregate amount of credit extended hereunder under this Agreement by each Lender coincides with such Lender’s Pro Rata Share of the aggregate amount of credit extended under the Credit Facility by all of the Lenders, provided that no such allocation shall result in the aggregate amount of credit extended hereunder under this Agreement by any Lender exceeding such Lender’s Individual CommitmentCommitment under the Facility.

Appears in 2 contracts

Samples: Revolving Credit Facility (Gatos Silver, Inc.), Revolving Credit Facility (Gatos Silver, Inc.)

Administrative Agent’s Discretion to Allocate. Notwithstanding the provisions of Section 3.2 with respect to the funding of Loans and Bankers’ Acceptances in accordance with each Lender’s Pro Rata Share, the Administrative Agent shall be entitled to reallocate the funding or reimbursement obligations among the relevant Lenders in order to ensure, to the greatest extent practicable, that after such funding the aggregate amount of credit extended hereunder by each Lender coincides with such LenderXxxxxx’s Pro Rata Share of the aggregate amount of credit extended under the Credit Facility by all of the Lenders, provided that no such allocation shall result in the aggregate amount of credit extended hereunder by any Lender exceeding such LenderXxxxxx’s Individual Commitment.

Appears in 2 contracts

Samples: First Amending Agreement (Triple Flag Precious Metals Corp.), Loan Agreement (Triple Flag Precious Metals Corp.)

Administrative Agent’s Discretion to Allocate. Notwithstanding the provisions of Section 3.2 with respect to the funding of Loans and Bankers’ Acceptances in accordance with each Lender’s Pro Rata Share, the Administrative Agent shall be entitled to reallocate the funding or reimbursement obligations among the relevant Lenders in order to ensure, to the greatest extent practicable, that after such funding the aggregate amount of credit extended hereunder by each Lender coincides with such Lender’s Pro Rata Share of the aggregate amount of credit extended under the Credit Facility by all of the Lenders, provided that no such allocation shall result in the aggregate amount of credit extended hereunder by any Lender exceeding such Lender’s Individual CommitmentCommitment under the Credit Facility.

Appears in 2 contracts

Samples: Loan Agreement (Yamana Gold Inc), Loan Agreement (Yamana Gold Inc)

Administrative Agent’s Discretion to Allocate. Notwithstanding the provisions of Section 3.2 Sections 3.4 with respect to the funding of Loans and Bankers’ Acceptances reimbursing with respect to Letters in accordance with each relevant Lender’s Pro Rata Share, the Administrative Agent shall be entitled to reallocate the funding or reimbursement obligations among the relevant Lenders in order to ensure, to the greatest extent practicable, that after such funding the aggregate amount of credit extended hereunder by each Lender coincides with such Lender’s Pro Rata Share of the aggregate amount of credit extended under a the Credit Facility by all of the relevant Lenders, provided that no such allocation shall result in the aggregate amount of credit extended hereunder by any Lender exceeding such Lender’s Individual CommitmentCommitment under such Credit Facility.

Appears in 1 contract

Samples: Credit Agreement (Denison Mines Corp.)

Administrative Agent’s Discretion to Allocate. Notwithstanding the provisions of Section Sections 3.2 and 9.6(b) with respect to the funding of Loans and Bankers’ Acceptances reimbursing with respect to Letters in accordance with each Lender’s Pro Rata Share, the Administrative Agent shall be entitled to reallocate the funding or reimbursement obligations among the relevant Lenders in order to ensure, to the greatest extent practicable, that after such funding the aggregate amount of credit extended hereunder by each Lender coincides with such Lender’s Pro Rata Share of the aggregate amount of credit extended under the Credit Facility by all of the Lenders, provided that no such allocation shall result in the aggregate amount of credit extended hereunder by any Lender exceeding such Lender’s Individual Commitment.

Appears in 1 contract

Samples: Credit Agreement (Equinox Gold Corp.)

Administrative Agent’s Discretion to Allocate. Notwithstanding the provisions of Section 3.2 with respect to the funding of Loans and Bankers’ Acceptances in accordance with each Lender’s Pro Rata Share, the Administrative Agent shall be entitled to reallocate the funding or reimbursement obligations among the relevant Lenders in order to ensure, to the greatest extent practicable, that after such funding the aggregate amount of credit extended hereunder by each Lender coincides with such Lender’s Pro Rata Share of the aggregate amount of credit extended under the Credit Facility by all of the Lenders, provided that no such allocation shall result in the aggregate amount of credit extended hereunder by any Lender exceeding such Lender’s Individual Commitment.

Appears in 1 contract

Samples: Credit Agreement (Primero Mining Corp)

Administrative Agent’s Discretion to Allocate. Notwithstanding the provisions of Section 3.2 with respect to the funding of Loans and Bankers’ Acceptances in accordance with each Lender’s Pro Rata Share, the Administrative Agent shall be entitled to reallocate the funding or reimbursement obligations among the relevant Lenders in order to ensure, to the greatest extent practicable, that after such funding the aggregate amount of credit extended hereunder by each Lender coincides with such Lender’s Pro Rata Share of the aggregate amount of credit extended under the Credit Facility by all of the Lenders, provided that no such allocation shall result in the aggregate amount of credit extended hereunder by any Lender exceeding such Lender’s Individual Commitment.

Appears in 1 contract

Samples: Credit Agreement (Lake Shore Gold Corp)

Administrative Agent’s Discretion to Allocate. Notwithstanding the provisions of Section 3.2 3.2, with respect to the funding of Loans and Bankers’ Acceptances Accommodations in accordance with each Lender’s Pro Rata Share, the Administrative Agent shall be entitled to reallocate the funding or reimbursement obligations among the relevant Lenders in order to ensure, to the greatest extent practicable, that after such funding the aggregate amount of credit extended hereunder by each Lender coincides with such LenderXxxxxx’s Pro Rata Share of the aggregate amount of credit extended under the Credit Facility by all of the Lenders, provided that no such allocation shall result in the aggregate amount of credit extended hereunder under the Credit Facility by any Lender exceeding such LenderXxxxxx’s Individual CommitmentCommitment with respect to the Credit Facility.

Appears in 1 contract

Samples: Credit Agreement (Ero Copper Corp.)

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Administrative Agent’s Discretion to Allocate. Notwithstanding the provisions of Section Sections 3.2 and 9.7(b) with respect to the funding of Loans and Bankers’ Acceptances reimbursing with respect to Letters in accordance with each Lender’s Pro Rata Share, the Administrative Agent shall be entitled to reallocate the funding or reimbursement obligations among the relevant Lenders in order to ensure, to the greatest extent practicable, that after such funding the aggregate amount of credit extended hereunder by each Lender coincides with such Lender’s Pro Rata Share of the aggregate amount of credit extended under the a particular Credit Facility by all of the Lenders, provided that no such allocation shall result in the aggregate amount of credit extended hereunder by any Lender exceeding such Lender’s Individual CommitmentCommitment under such Credit Facility.

Appears in 1 contract

Samples: Credit Agreement (Orla Mining Ltd.)

Administrative Agent’s Discretion to Allocate. Notwithstanding the provisions of Section Sections 3.2 and 9.6(b) with respect to the funding of Loans and Bankers’ Acceptances reimbursing with respect to Letters in accordance with each Lender’s 's Pro Rata Share, the Administrative Agent shall be entitled to reallocate the funding or reimbursement obligations among the relevant Lenders in order to ensure, to the greatest extent practicable, that after such funding the aggregate amount of credit extended hereunder by each Lender coincides with such Lender’s 's Pro Rata Share of the aggregate amount of credit extended under the Credit Facility by all of the Lenders, provided that no such allocation shall result in the aggregate amount of credit extended hereunder by any Lender exceeding such Lender’s 's Individual CommitmentCommitment under the Credit Facility.

Appears in 1 contract

Samples: Credit Agreement (Endeavour Silver Corp)

Administrative Agent’s Discretion to Allocate. Notwithstanding the provisions of Section Sections 3.2 and 9.7(b) with respect to the funding of Loans and Bankers’ Acceptances reimbursing with respect to Letters in accordance with each Lender’s 's Pro Rata Share, the Administrative Agent shall be entitled to reallocate the funding or reimbursement obligations among the relevant Lenders in order to ensure, to the greatest extent practicable, that after such funding the aggregate amount of credit extended hereunder by each Lender coincides with such Lender’s Xxxxxx's Pro Rata Share of the aggregate amount of credit extended under the a particular Credit Facility by all of the Lenders, provided that no such allocation shall result in the aggregate amount of credit extended hereunder by any Lender exceeding such Lender’s Xxxxxx's Individual CommitmentCommitment under such Credit Facility.

Appears in 1 contract

Samples: Credit Agreement (SilverCrest Metals Inc.)

Administrative Agent’s Discretion to Allocate. Notwithstanding the provisions of Section 3.2 with respect to the funding of Loans and Bankers’ Acceptances in accordance with each Lender’s Pro Rata Share, the Administrative Agent shall be entitled to reallocate the funding or reimbursement obligations among the relevant Lenders in order to ensure, to the greatest extent practicable, that after such funding the aggregate amount of credit extended hereunder by each Lender coincides with such Lender’s Pro Rata Share of the aggregate amount of credit extended under a the Credit Facility by all of the Lenders, provided that no such allocation shall result in the aggregate amount of credit extended hereunder by any Lender exceeding such Lender’s Individual Commitment.

Appears in 1 contract

Samples: Credit Agreement (New Gold Inc. /FI)

Administrative Agent’s Discretion to Allocate. Notwithstanding the provisions of Section 3.2 with respect to the funding of Loans and Bankers’ Acceptances in accordance with each Lender’s Pro Rata Share, the The Administrative Agent shall be entitled to reallocate the funding or reimbursement obligations among the relevant Lenders in order to ensure, to the greatest extent practicable, that after such funding the aggregate amount of credit extended hereunder under this Agreement by each Lender coincides with such LenderXxxxxx’s Pro Rata Share of the aggregate amount of credit extended under the Credit Facility by all of the Lenders, provided that no such allocation shall result in the aggregate amount of credit extended hereunder under this Agreement by any Lender exceeding such Lender’s Individual CommitmentCommitment under the Facility.

Appears in 1 contract

Samples: Revolving Credit Facility (Gatos Silver, Inc.)

Administrative Agent’s Discretion to Allocate. Notwithstanding the provisions of Section 3.2 with respect to the funding of Loans and Bankers’ Acceptances in accordance with each Lender’s Pro Rata Share, the Administrative Agent shall be entitled to reallocate the funding or reimbursement obligations among the relevant Lenders in order to ensure, to the greatest extent practicable, that after such funding the aggregate amount of credit extended hereunder by each Lender coincides with such LenderLxxxxx’s Pro Rata Share of the aggregate amount of credit extended under the Credit Facility by all of the Lenders, provided that no such allocation shall result in the aggregate amount of credit extended hereunder by any Lender exceeding such LenderLxxxxx’s Individual Commitment.

Appears in 1 contract

Samples: Loan Agreement (Triple Flag Precious Metals Corp.)

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