Common use of Allocation by Administrative Agent Clause in Contracts

Allocation by Administrative Agent. If Competitive Bid Loan Quotes are made by two or more Lenders with the same LIBOR - based Margins, CD Rate Margins, Base Rate Margins or Absolute Rates, as the case may be, for a greater aggregate principal amount than the amount in respect of which Competitive Bid Loan Quotes are accepted for the related Interest Period, the principal amount of Competitive Bid Loans in respect of which such Competitive Bid Loan Quotes are accepted shall be allocated by the Administrative Agent among such Lenders as nearly as possible (in such multiples, not less than $500,000, as the Administrative Agent may deem appropriate) in proportion to the aggregate principal amount of such offers. If two or more such Competitive Bid Loan Quotes cannot be allocated evenly within the limits set forth in the immediately preceding sentence, the Administrative Agent shall have discretion to allocate a larger share of such Competitive Bid Loans to one or more of the successful Lenders and in making such allocation shall use reasonable efforts to take into account previous allocations of unequal shares to one or more of such Lenders in connection with other Competitive Bid Loans. Determinations by the Administrative Agent of the amounts of Competitive Bid Loans to be allocated to each such Lender shall be conclusive absent manifest error.

Allocation by Administrative Agent. If Competitive Bid Loan Quotes are made by two or more Lenders with the same LIBOR - LIBOR-based Margins, CD Rate Margins, Base Rate Margins or Absolute Rates, as the case may be, for a greater aggregate principal amount than the amount in respect of which Competitive Bid Loan Quotes are accepted for the related Interest Period, the principal amount of Competitive Bid Loans in respect of which such Competitive Bid Loan Quotes are accepted shall be allocated by the Administrative Agent among such Lenders as nearly as possible (in such multiples, not less than $500,000, as the Administrative Agent may deem appropriate) in proportion to the aggregate principal amount of such offers. If two or more such Competitive Bid Loan Quotes cannot be allocated evenly within the limits set forth in the immediately preceding sentence, the Administrative Agent shall have discretion to allocate a larger share of such Competitive Bid Loans to one or more of the successful Lenders and in making such allocation shall use reasonable efforts to take into account previous allocations of unequal shares to one or more of such Lenders in connection with other Competitive Bid Loans. Determinations by the Administrative Agent of the amounts of Competitive Bid Loans to be allocated to each such Lender shall be conclusive absent manifest error.

Allocation by Administrative Agent. If Competitive Bid Loan Quotes offers are made by two or more Lenders with the same LIBOR - based Margins, CD Rate Margins, Base Rate Competitive Bid Margins or Competitive Bid Absolute Rates, as the case may be, for a greater the same Interest Period, and the result of accepting all of such Competitive Bids in whole (together with any other Competitive Bids at lower Competitive Bid Margins or Competitive Bid Absolute Rates, as the case may be, accepted for such Interest Period in conformity with the requirements of Section 2.4(f)(iii)) would be to cause the aggregate outstanding principal amount than of the amount in respect of which applicable Competitive Bid Loan Quotes are accepted for to exceed the amount specified therefor in the related Interest PeriodCompetitive Bid Request, then, unless otherwise agreed by the Borrowers, the Administrative Agent and such Lenders, the principal amount of Competitive Bid Loans in respect of which such Competitive Bid Loan Quotes offers are accepted shall be allocated by the Administrative Agent among such Lenders as nearly as possible (in such multiples, not less than multiples of $500,000, as the Administrative Agent may deem appropriate1,000,000) in proportion to the aggregate principal amount amounts of such offers. If two or more such Competitive Bid Loan Quotes cannot be allocated evenly within the limits set forth in the immediately preceding sentence, the Administrative Agent shall have discretion to allocate a larger share of such Competitive Bid Loans to one or more of the successful Lenders and in making such allocation shall use reasonable efforts to take into account previous allocations of unequal shares to one or more of such Lenders in connection with other Competitive Bid Loans. Determinations by the Administrative Agent of the amounts of Competitive Bid Loans to be allocated to each such Lender shall be conclusive absent in the absence of manifest error. After each Absolute Rate Auction and LIBOR Auction pursuant to this Section 2.4, the Administrative Agent shall notify each Lender that submitted a Competitive Bid in such auction of the range of bids submitted (without the bidder’s name) and accepted for each Competitive Bid Loan and the aggregate principal amount of each Competitive Bid Loan resulting from such auction.

Allocation by Administrative Agent. If Competitive Bid Loan Quotes are made by two or more Lenders with the same LIBOR - based Margins, CD Competitive Bid Rate Margins, Base Rate Margins or Absolute Rates, as the case may be, for a greater aggregate principal amount than the amount in respect of which Competitive Bid Loan Quotes offers are accepted for by the related Interest PeriodBorrower, the principal amount of Competitive Bid Loans in respect of which such Competitive Bid Loan Quotes offers are accepted by the Borrower shall be allocated by the Administrative Agent among such Lenders as nearly as possible (in such multiples, not less smaller than $500,000, as the Administrative Agent may deem appropriate) in proportion to the aggregate principal amount of such offers. If two or more , except that the Borrower shall be permitted to accept the offer of a single Lender if such Lender (and no other Lender) shall have offered to make the entire proposed Competitive Bid Loan Quotes cannot be allocated evenly within requested by the limits set forth Borrower under subsection (b) above. If any such Lender has indicated a minimum acceptable Competitive Bid Loan in its Competitive Bid Quote, and under the immediately preceding sentenceprocedures of this subsection (h), the Administrative Agent shall would have discretion allocated to allocate a larger share of it an amount less than such minimum, such Competitive Bid Loans Quote will instead be deemed to one or more of the successful Lenders and in making such allocation shall use reasonable efforts to take into account previous allocations of unequal shares to one or more of such Lenders in connection with other Competitive Bid Loanshave been withdrawn. Determinations by the Administrative Agent of the amounts of Competitive Bid Loans to be allocated to made by each such Lender shall be conclusive absent in the absence of manifest error.