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

Discretion of Banks 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 such Bank had actually funded and maintained each Offshore Rate Loan during each Interest Period for such Loan through the purchase of deposits having a maturity corresponding to such Interest Period and bearing an interest rate equal to the Offshore Rate, as the case may be, for such Interest Period.

Appears in 7 contracts

Samples: Guaranty and Subordination Agreement (Conseco Inc), Collateral Agreement (Conseco Inc), Credit Agreement (Hilbert Stephen C)

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Discretion of Banks 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 such Bank had actually funded and maintained each Offshore Fixed Rate Loan Advance during each the Interest Period for such Loan Advance through the purchase of deposits having a maturity corresponding to the last day of such Interest Period and bearing an interest rate equal to the Offshore Rate, as the case may be, Fixed Rate for such Interest Period.

Appears in 2 contracts

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

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