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 of this Agreement to the contrary, each Bank shall be entitled to fund and maintain its funding of all or any part of its Loans in any manner it sees fit, it being understood however, that for the purposes of this Agreement, all determinations hereunder shall be made as if the Banks had actually funded and maintained each LIBOR Portion during each Interest Period for such LIBOR Portion through the purchase of deposits in the relevant interbank market having a maturity corresponding to such Interest Period and bearing an interest rate equal to the Adjusted LIBOR Rate, for such Interest Period.

Appears in 6 contracts

Samples: Credit Agreement (Empire District Electric Co), Credit Agreement (Empire District Electric Co), Credit Agreement (Empire District Electric Co)

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Discretion of Bank as to Manner of Funding. Notwithstanding any provision provisions of this Agreement to the contrary, each Bank shall be entitled to fund and maintain its funding of all or any part of its Loans in any manner it sees fit, it being understood understood, however, that for the purposes of this Agreement, Agreement all determinations hereunder shall be made as if the Banks each Bank had actually funded and maintained each LIBOR Portion during each Interest Period for such LIBOR Portion Loan through the purchase of deposits in the relevant interbank market having a maturity corresponding to such the last day of the LIBOR Interest Period applicable to such LIBOR Loan and bearing an interest rate equal to the Adjusted LIBOR Rate, applicable interest rate for such Interest LIBOR Period.

Appears in 5 contracts

Samples: Credit Agreement (Continental Crude Co), And Consolidated Credit Agreement (Canaan Energy Corp), Credit Agreement (Continental Resources Inc)

Discretion of Bank as to Manner of Funding. Notwithstanding any other provision of this Agreement to the contraryAgreement, each Bank shall be entitled to fund and maintain its funding of all or any part of its Loans in any manner it sees fit, it being understood understood, however, that for the purposes of this Agreement, Agreement all determinations hereunder shall be made as if the Banks each Bank had actually funded and maintained each LIBOR Portion during each Interest Period for such LIBOR Portion Loan through the purchase of deposits in the relevant LIBOR interbank market having a maturity corresponding to such Loan's Interest Period and bearing an interest rate equal to the Adjusted LIBOR Rate, for such Interest Period.

Appears in 5 contracts

Samples: Credit Agreement (Peoples Energy Corp), Credit Agreement (North Shore Gas Co /Il/), Credit Agreement (North Shore Gas Co /Il/)

Discretion of Bank as to Manner of Funding. Notwithstanding any provision of contained in this Agreement to the contrary, each Bank 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 sees fitelects, it being understood understood, however, that for the purposes of this Agreement, Agreement all determinations hereunder (including, without limitation, the determination of each Bank's funding losses and expenses under Section 2.10) shall be made as if the Banks such Bank had actually funded and maintained each LIBOR Portion during each Interest Period for such LIBOR Portion Loan through the purchase of deposits in the relevant interbank market having a maturity corresponding to such the maturity of the applicable Interest Period relating to the applicable LIBOR Loan and bearing an interest rate equal to the Adjusted applicable LIBOR Rate, for such Interest Period.

Appears in 4 contracts

Samples: Revolving Credit Agreement (Huntco Inc), Revolving Credit Agreement (Cpi Corp), Revolving Credit Agreement (Huntco Inc)

Discretion of Bank as to Manner of Funding. Notwithstanding any provision of contained in this Agreement to the contrary, each Bank 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 sees fitelects, it being understood understood, however, that for the purposes of this Agreement, Agreement all determinations hereunder (including, without limitation, the determination of each Bank's funding losses and expenses under Section 5.6) shall be made as if the Banks such Bank had actually funded and maintained each LIBOR Portion during each Interest Period for such LIBOR Portion Loan through the purchase of deposits in the relevant interbank market having a maturity corresponding to such the maturity of the applicable Interest Period relating to the applicable LIBOR Loan and bearing an interest rate equal to the Adjusted applicable LIBOR Rate, for such Interest Period.

Appears in 4 contracts

Samples: Revolving Credit Agreement (Superior Energy Services Inc), Revolving Credit Agreement (Halter Marine Group Inc), Revolving Credit Agreement (Halter Marine Group Inc)

Discretion of Bank as to Manner of Funding. Notwithstanding any provision provisions of this Agreement to the contrary, each Bank shall be entitled to fund and maintain its funding of all or any part of its Loans Loan in any manner it sees fit, it being understood understood, however, that for the purposes of this Agreement, Agreement all determinations hereunder shall be made as if the Banks each Bank had actually funded and maintained each LIBOR Portion during each Interest Period for such LIBOR Portion Loan through the purchase of deposits in the relevant interbank market having a maturity corresponding to such the last day of the Interest Period applicable to such LIBOR Loan and bearing an interest rate equal to the Adjusted LIBOR Rate, applicable interest rate for such Interest LIBOR Period.

Appears in 4 contracts

Samples: Credit Agreement (Atwood Oceanics Inc), Credit Agreement (Atwood Oceanics Inc), Credit Agreement (Atwood Oceanics Inc)

Discretion of Bank as to Manner of Funding. Notwithstanding any provision of this Agreement to the contrary, each the Bank shall be entitled to fund and maintain its funding of all or any part of its Loans the Note in any manner it sees fit, it being understood understood, however, that for the purposes of this Agreement, Agreement all determinations hereunder (including, without limitation, determinations under Sections 2.6, 2.7, and 2.9 hereof) shall be made as if the Banks Bank had actually funded and maintained each LIBOR Portion during each Interest Period for such LIBOR Portion applicable thereto through the purchase of deposits in the relevant interbank market in the amount of such LIBOR Portion, having a maturity corresponding to such Interest Period Period, and bearing an interest rate equal to the Adjusted LIBOR Rate, for such Interest Period.

Appears in 4 contracts

Samples: Credit Agreement (Diamond Management & Technology Consultants, Inc.), Credit Agreement (Accretive Health, Inc.), Credit Agreement (Accretive Health, Inc.)

Discretion of Bank as to Manner of Funding. Notwithstanding any provision of this Agreement to the contrary, each Bank shall be entitled to fund and maintain its funding of all or any part of its Loans in any manner it sees fit, it being understood understood, however, that for the purposes of this Agreement, Agreement all determinations hereunder shall be made as if the Banks Bank had actually funded and maintained each LIBOR Portion Loan during each Interest Period for such LIBOR Portion Loan through the purchase of deposits in the relevant interbank market having a maturity corresponding to such Interest Period and bearing an interest rate equal to the Adjusted LIBOR Rate, Rate for such Interest Period.

Appears in 3 contracts

Samples: Revolving Loan Agreement (Runway Growth Credit Fund Inc.), Demand Loan Agreement (Runway Growth Credit Fund Inc.), www.sec.gov

Discretion of Bank as to Manner of Funding. Notwithstanding any provision of this Agreement to the contrarycontrary other than Paragraph 4.7, each Bank shall be entitled to fund and maintain its funding of all or any part of its the Loans in any manner it each sees fit, it being understood understood, however, that for the purposes of this Agreement, Agreement all determinations hereunder shall be made as if the Banks Bank had actually funded and maintained each LIBOR Portion Loan during each Interest Period for such LIBOR Portion Loan through the purchase of deposits in the relevant interbank market London Interbank Market having a maturity corresponding to such Interest Period and bearing an interest rate equal to the Adjusted LIBOR Rate, Rate for such Interest Period.

Appears in 3 contracts

Samples: Loan Agreement (Taylor Capital Group Inc), Loan Agreement (Taylor Capital Group Inc), Loan Agreement (Taylor Capital Group Inc)

Discretion of Bank as to Manner of Funding. Notwithstanding any provision of this Agreement to the contrary, each Bank shall be entitled to fund and maintain its funding of all or any part of its Loans in any manner it sees fit, it being understood understood, however, that for the purposes of this Agreement, Agreement all determinations hereunder shall be made as if the Banks each Bank had actually funded and maintained each LIBOR Portion LIBO Rate Loan during each Interest Period for such LIBOR Portion Loan through the purchase of deposits in the relevant interbank market having a maturity corresponding to such Interest Period and bearing an interest rate equal to the Adjusted LIBOR Rate, LIBO Rate plus the Applicable Borrowing Margin for such Interest Period.

Appears in 2 contracts

Samples: Credit Agreement (Aerocentury Corp), Credit Agreement (Aerocentury Corp)

Discretion of Bank as to Manner of Funding. Notwithstanding any other provision of this Agreement to the contraryAgreement, each Bank shall be entitled to fund and maintain its funding of all or any part of its Loans in any manner it sees fit, it being understood understood, however, that for the purposes of this Agreement, Agreement all determinations hereunder under this Agreement shall be made as if the Banks each Bank had actually funded and maintained each LIBOR Portion during each Interest Period for such LIBOR Portion Fixed Rate Loan (other than Stated Rate Bid Loans) through the purchase of deposits in the relevant interbank market having a maturity corresponding to such Loan's Interest Period and bearing an interest rate equal to the Adjusted LIBOR Rate, for such Interest Period.

Appears in 1 contract

Samples: Credit Agreement (Alumax Inc)

Discretion of Bank as to Manner of Funding. Notwithstanding any provision of this Agreement to the contrarycontrary other than Paragraph 4.7, each Bank shall be entitled to fund and maintain its funding of all or any part of its the Loans in any manner it sees fit, it being understood understood, however, that for the purposes of this Agreement, Agreement all determinations hereunder shall be made as if the Banks Bank had actually funded and maintained each LIBOR Portion Loan during each Interest Period for such LIBOR Portion Loan through the purchase of deposits in the relevant interbank market London Interbank Market having a maturity corresponding to such Interest Period and bearing an interest rate equal to the Adjusted LIBOR Rate, Rate for such Interest Period.

Appears in 1 contract

Samples: Loan Agreement (Kv Pharmaceutical Co /De/)

Discretion of Bank as to Manner of Funding. Notwithstanding any other provision of this Agreement to the contraryAgreement, each Bank shall be entitled to fund and maintain its funding of all or any part of its Loans in any manner it sees fit, it being understood understood, however, that for the purposes of this Agreement, Agreement all determinations hereunder shall be made as if the Banks each Bank had actually funded and maintained each LIBOR Portion during each Interest Period for such LIBOR Portion Fixed Rate Loan that is a Committed Loan through the purchase of deposits in the relevant interbank market having a maturity corresponding to such Loan's Interest Period and bearing an interest rate equal to the Adjusted LIBOR Rate, for such Interest Period.

Appears in 1 contract

Samples: Credit Agreement (Titan International Inc)

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Discretion of Bank as to Manner of Funding. Notwithstanding any other provision of this Agreement to the contraryAgreement, each Bank shall be entitled to fund and maintain its funding of all or any part of its Loans in any manner it sees fit, it being understood understood, however, that for the purposes of this Agreement, Agreement all determinations hereunder shall be made as if the Banks each Bank had actually funded and maintained each LIBOR Portion during each Interest Period for such LIBOR Portion Loan through the purchase of deposits in the relevant LIBOR interbank market having a maturity corresponding to such Loan’s Interest Period and bearing an interest rate equal to the Adjusted LIBOR Rate, for such Interest Period.

Appears in 1 contract

Samples: Credit Agreement (Peoples Energy Corp)

Discretion of Bank as to Manner of Funding. Notwithstanding any other provision of this Agreement to the contraryAgreement, each Bank shall be entitled to fund and maintain its funding of all or any part of its Loans in any manner it sees fit, it being understood understood, however, that for the purposes of this Agreement, Agreement all determinations hereunder shall be made as if the Banks each Bank had actually funded and maintained each LIBOR Portion during each Interest Period for such LIBOR Portion Loan through the purchase of deposits in the relevant LIBOR interbank market having a maturity corresponding to such Loan’s Interest Period and bearing an interest rate equal to the Adjusted LIBOR Rate, Rate for such Interest Period.

Appears in 1 contract

Samples: Credit Agreement (Peoples Energy Corp)

Discretion of Bank as to Manner of Funding. Notwithstanding any other provision of this Agreement to the contraryAgreement, each Bank shall be entitled to fund and maintain its funding of all or any part of its Loans in any manner it sees fit, it being understood understood, however, that for the purposes of this Agreement, Agreement all determinations hereunder shall be made as if the Banks each Bank had actually funded and maintained each LIBOR Portion during each Interest Period for such LIBOR Portion Fixed Rate Loan that is a Committed Loan through the purchase of deposits in the relevant interbank market having a maturity corresponding to such Loan's Interest Period and bearing an interest rate equal to LIBOR or the Adjusted LIBOR CD Rate, as applicable, for such Interest Period.

Appears in 1 contract

Samples: Titan Wheel International Inc

Discretion of Bank as to Manner of Funding. Notwithstanding any provision ------------------------------------------ provisions of this Agreement to the contrary, each Bank shall be entitled to fund and maintain its funding of all or any part of its Loans in any manner it sees fit, it being understood understood, however, that for the purposes of this Agreement, Agreement all determinations hereunder shall be made as if the Banks each Bank had actually funded and maintained each LIBOR Portion during each Interest Period for such LIBOR Portion Loan through the purchase of deposits in the relevant interbank market having a maturity corresponding to such the last day of the LIBOR Interest Period applicable to such LIBOR Loan and bearing an interest rate equal to the Adjusted LIBOR Rate, applicable interest rate for such Interest LIBOR Period.

Appears in 1 contract

Samples: Credit Agreement (Cmi Corp)

Discretion of Bank as to Manner of Funding. Notwithstanding any provision of this Agreement to the contrary, each Bank shall be entitled to fund and maintain its funding of all or any part of its Loans in any manner it sees fit, it being understood however, that for the purposes of this Agreement, Agreement all determinations hereunder shall be made as if the Banks had actually funded and maintained each LIBOR Portion during each Interest Period for such LIBOR Portion through the purchase of deposits in the relevant interbank market having a maturity corresponding to such Interest Period and bearing an interest rate equal to the Adjusted LIBOR Rate, for such Interest Period.

Appears in 1 contract

Samples: Credit Agreement (Seminis Inc)

Discretion of Bank as to Manner of Funding. Notwithstanding any provision of this Agreement to the contrary, each the Bank shall be entitled to fund and maintain its funding of all or any part of its the Revolving Loans in any manner it sees fit, it being understood understood, however, that for the purposes of this Agreement, Agreement all determinations hereunder shall be made as if the Banks Bank had actually funded and maintained each LIBOR Portion Rate Loan during each Interest Period for such LIBOR Portion Revolving Loan through the purchase of deposits in the relevant interbank market having a maturity corresponding to such Interest Period and bearing an interest rate equal to the Adjusted LIBOR Rate, Rate for such Interest Period.

Appears in 1 contract

Samples: Secured Revolving Loan Agreement (Maxwell Bret R)

Discretion of Bank as to Manner of Funding. Notwithstanding any provision of this Agreement to the contrary, each Bank shall be entitled to fund and maintain its funding of all or any part of its Loans in any manner it sees fit, it being understood understood, however, that for the purposes of this Agreement, Agreement all determinations hereunder shall be made as if the Banks each Bank had actually funded and maintained each LIBOR Portion LIBO Rate Loan during each Interest Period for such LIBOR Portion Loan through the purchase of deposits in the relevant interbank market having a maturity corresponding to such Interest Period and bearing an interest rate equal to the Adjusted LIBOR RateLIBO Rate plus 200 basis points (2.0%), for such Interest Period.

Appears in 1 contract

Samples: Credit Agreement (Aerocentury Corp)

Discretion of Bank as to Manner of Funding. Notwithstanding any other provision of this Agreement to the contraryAgreement, each Bank shall be entitled to fund and maintain its funding of all or any part of its Revolving Loans in any manner it sees fit, it being understood understood, however, that for the purposes of this Agreement, Agreement all determinations hereunder shall be made as if the Banks Bank had actually funded and maintained each LIBOR Portion during each Interest Period for such LIBOR Portion Loan bearing interest at the LIBOR-Based Rate through the purchase of deposits in the relevant interbank market having a maturity corresponding to such Interest Period Loan bearing interest at the LIBOR-Based Rate and bearing an interest rate equal to the Adjusted LIBOR Rate, LIBOR-Based Rate for such Interest LIBOR Rate Borrowing Period.

Appears in 1 contract

Samples: Loan Agreement (Enterprise Systems Inc /De/)

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