Common use of Discretion of Bank as to Manner of Funding Clause in Contracts

Discretion of Bank as to Manner of Funding. Notwithstanding any provision contained in this Agreement to the contrary, each of the Banks shall be entitled to fund and maintain its funding of all or any part of its LIBOR Loans in any manner it elects, it being understood, however, that for purposes of this Agreement all determinations hereunder (including, without limitation, the determination of each Bank's funding losses and expenses under Section 6.6) shall be made as if such Bank had actually funded and maintained each LIBOR Loan through the purchase of deposits having a maturity corresponding to the maturity of the applicable Interest Period relating to the applicable LIBOR Loan and bearing an interest rate equal to the applicable LIBOR Rate. Each Bank may, at its option, elect to make, fund or maintain its Loans hereunder at the branches or offices specified on the signature pages hereof or on any Assignment Agreement executed and delivered pursuant to Section 13.15 hereof or at such other of its branches or offices as such Bank may from time to time elect, provided that the Borrower shall not be required to reimburse any Bank under any of the provisions of Section 6.6 for any cost which such Bank would not have incurred but for changing its lending or funding branch unless Borrower consents to such change.

Appears in 2 contracts

Samples: Revolving Credit and Term Loan Agreement (Doane Products Co), Revolving Credit and Term Loan Agreement (Doane Products Co)

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Discretion of Bank as to Manner of Funding. Notwithstanding any provision contained in this Agreement to the contrary, each of the Banks Bank shall be entitled to fund and maintain its funding of all or any part of its LIBOR Loans in any manner it elects, it being understood, however, that for purposes of this Agreement all determinations hereunder (including, without limitation, the determination of each Bank's funding losses and expenses under Section 6.63.8) shall be made as if such Bank had actually funded and maintained each LIBOR Loan through the purchase of deposits having a maturity corresponding to the maturity of the applicable Interest Period relating to the applicable LIBOR Loan and bearing an interest rate equal to the applicable LIBOR Base Rate. Each Bank may, at its option, elect to make, fund or maintain its Loans hereunder at the any of its branches or offices specified on the signature pages hereof or on any Assignment Agreement executed and delivered pursuant to Section 13.15 hereof or at such other of its branches or offices as such Bank may from time to time elect, provided that the Borrower Borrowers shall not be required to reimburse any Bank under any of the provisions of Section 6.6 3.8 for any cost which such Bank would not have incurred but for changing its lending or funding branch unless Borrower consents Borrowers consent to such change.

Appears in 1 contract

Samples: Credit Agreement (Virbac Corp)

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Discretion of Bank as to Manner of Funding. Notwithstanding any provision contained in this Agreement to the contrary, each of the Banks shall be entitled to fund and maintain its funding of all or any part of its LIBOR Loans in any manner it elects, it being understood, however, that for purposes of this Agreement all determinations hereunder (including, without limitation, the determination of each Bank's funding losses and expenses under Section 6.63.5) shall be made as if such Bank had actually funded and maintained each LIBOR Loan through the purchase of deposits having a maturity corresponding to the maturity of the applicable Interest Period relating to the applicable LIBOR Loan and bearing an interest rate equal to the applicable LIBOR Rate. Each Bank may, at its option, elect to make, fund or maintain its Loans hereunder at the branches or offices specified on the signature pages hereof or on any Assignment Agreement executed and delivered pursuant to Section 13.15 10.12 hereof or at such other of its branches or offices as such Bank may from time to time elect, provided that the Borrower shall not be required to reimburse any Bank under any of the provisions of Section 6.6 3.5 for any cost which such Bank would not have incurred but for changing its lending or funding branch unless Borrower consents to such change.

Appears in 1 contract

Samples: Credit Agreement (Shaw Group Inc)

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