Discretion of Lenders as to Manner of Funding. Notwithstanding any provision of this Agreement to the contrary, each Lender 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 Lender had actually funded and maintained each LIBOR 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 LIBOR Rate for such Interest Period.
Appears in 71 contracts
Samples: Credit Agreement (Xponential Fitness, Inc.), Credit Agreement (Primoris Services Corp), Credit Agreement (Continental Materials Corp)
Discretion of Lenders as to Manner of Funding. Notwithstanding any provision of this Agreement to the contrarycontrary (but subject to Section 6.1(c)), each Lender shall be entitled to fund and maintain its funding of all or any part of its Committed 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 Lender had actually funded and maintained each LIBOR Rate Loan during each Interest the Loan Period for such LIBOR Rate Loan through the purchase of deposits having a maturity corresponding to such Interest Loan Period and bearing an interest rate equal to the rate borne by such LIBOR Rate Loan for such Interest Loan Period.
Appears in 9 contracts
Samples: Revolving Credit Agreement (AerCap Holdings N.V.), Revolving Credit Agreement (AerCap Holdings N.V.), Revolving Credit Agreement (AerCap Holdings N.V.)
Discretion of Lenders as to Manner of Funding. Notwithstanding any provision of this Agreement to the contrary, each Lender 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 Lender had actually funded and maintained each LIBOR 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 LIBOR LIBO Rate for such Interest Period.
Appears in 6 contracts
Samples: Credit Agreement (Infrastructure & Energy Alternatives, Inc.), Loan and Security Agreement (S&W Seed Co), Loan Modification Agreement (Pioneer Financial Services Inc)
Discretion of Lenders as to Manner of Funding. Notwithstanding any provision of this Agreement to the contrary, except with regard to the obligation to mitigate increased costs, each Lender 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 Lender had actually funded and maintained each LIBOR 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 LIBOR Rate for such Interest Period.
Appears in 5 contracts
Samples: Credit Agreement (SP Plus Corp), Credit Agreement (Standard Parking Corp), Credit Agreement (Standard Parking Corp)
Discretion of Lenders as to Manner of Funding. Notwithstanding any other provision of this Agreement to the contraryAgreement, each Lender 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, however, that for the purposes of this Agreement all determinations hereunder shall be made as if such Lender had actually funded and maintained each LIBOR Loan during each Interest Period for such Loan through the purchase of deposits in the relevant market having a maturity corresponding to such Loan's Interest Period and bearing an interest rate equal to the LIBOR Rate LIBOR, for such Interest Period.
Appears in 2 contracts
Samples: Revolving Loan and Credit Agreement (Chicago Title Corp), Revolving Loan and Credit Agreement (Chicago Title Corp)
Discretion of Lenders as to Manner of Funding. Notwithstanding any provision of this Agreement to the contrary, each Lender shall be entitled to fund and maintain its funding of all or any part of its LIBOR 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 Lender had actually funded and maintained each LIBOR Loan during each Interest Period for such LIBOR Loan through the purchase of deposits having a maturity corresponding to such Interest Period and bearing an interest rate equal to the LIBOR Rate for such Interest Period.
Appears in 2 contracts
Samples: Credit Agreement (UTi WORLDWIDE INC), Credit Agreement (Uti Worldwide Inc)
Discretion of Lenders as to Manner of Funding. Notwithstanding any provision of this Agreement to the contrary, each Lender 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 Lender had actually funded and maintained each LIBOR 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 LIBOR Rate for such Interest Period.
Appears in 2 contracts
Samples: Credit Agreement (Career Education Corp), Credit Agreement (Career Education Corp)
Discretion of Lenders as to Manner of Funding. Notwithstanding any other provision of this Agreement to the contraryAgreement, each Lender 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 each Lender had actually funded and maintained each LIBOR Loan during each Interest Period for such Loan through the purchase of deposits in the relevant market having a maturity corresponding to such Loan’s Interest Period and bearing an interest rate equal to the LIBOR Rate Rate, for such Interest Period.
Appears in 2 contracts
Samples: Revolving Credit and Term Loan Agreement (Continental Materials Corp), Revolving Credit and Term Loan Agreement (Continental Materials Corp)
Discretion of Lenders as to Manner of Funding. Notwithstanding any provision of this Agreement to the contrary, each Lender 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 Lender had actually funded and maintained each LIBOR 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 LIBOR Rate for such Interest Period.
Appears in 2 contracts
Samples: Guaranty and Collateral Agreement (Sei Investments Co), Credit Agreement (Global Technovations Inc)
Discretion of Lenders as to Manner of Funding. Notwithstanding any provision of this Agreement to the contrary, each Lender 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 Lender had actually funded and maintained each LIBOR 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 LIBOR Adjusted LIBO Rate for such Interest Period.
Appears in 2 contracts
Samples: Credit Agreement (Bright Health Group Inc.), Credit Agreement (Bright Health Group Inc.)
Discretion of Lenders as to Manner of Funding. Notwithstanding any provision of this Agreement to the contrary, each Lender 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 Lender had actually funded and maintained each LIBOR Loan during each Libor Interest Period for such Loan through the purchase of deposits having a maturity corresponding to such Libor Interest Period and bearing an interest rate equal to the LIBOR Libor Rate for such Libor Interest Period.
Appears in 2 contracts
Samples: Loan and Security Agreement (ExamWorks Group, Inc.), Loan and Security Agreement (ExamWorks Group, Inc.)
Discretion of Lenders as to Manner of Funding. Notwithstanding any other provision of this Agreement to the contraryAgreement, each Lender 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 each Lender had actually funded and maintained each LIBOR Loan during each Interest Period for such Loan through the purchase of deposits in the relevant market having a maturity corresponding to such Loan's Interest Period and bearing an interest rate equal to the LIBOR Rate LIBOR, for such Interest Period.
Appears in 2 contracts
Samples: Revolving Credit and Term Loan Agreement (Continental Materials Corp), Revolving Credit and Term Loan Agreement (Continental Materials Corp)
Discretion of Lenders as to Manner of Funding. Notwithstanding any provision of this Agreement to the contrary, each Lender shall be entitled to may 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 will be made as if such Lender that Xxxxxx had actually funded and maintained each LIBOR Loan during each applicable Interest Period for such that Loan through the purchase of deposits having a maturity corresponding to such that Interest Period and bearing an interest rate equal to the LIBOR Rate for such that Interest Period.
Appears in 2 contracts
Samples: Credit Agreement (AgileThought, Inc.), Credit Agreement (AgileThought, Inc.)
Discretion of Lenders as to Manner of Funding. Notwithstanding any provision of this Agreement to the contrary, each Lender shall be entitled to fund and maintain its funding of all or any part of its the Loans in any manner it sees fit, elects; it being understood, however, that for the purposes of this Agreement Agreement, all determinations hereunder shall be made as if such the Lender had actually funded and maintained each LIBOR Loan Advance during each the Interest Period for such Loan Advance through the purchase of deposits having a maturity term corresponding to such Interest Period and bearing an interest rate equal to the LIBOR Rate for such Interest PeriodPeriod (whether or not the Lender shall have granted any participations in such Advances).
Appears in 1 contract
Samples: Credit Agreement (Surmodics Inc)
Discretion of Lenders as to Manner of Funding. Notwithstanding --------------------------------------------- any provision of this Agreement to the contrary, each Lender 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 Lender had actually funded and maintained each LIBOR 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 LIBOR Rate for such Interest Period.
Appears in 1 contract
Discretion of Lenders as to Manner of Funding. Notwithstanding any provision of this Agreement to the contrary, each Lender shall be entitled to fund and maintain its funding of all or any part its portion of its Loans the Loan 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 Lender had actually funded and maintained each LIBOR Libor Loan during each Libor Interest Period for such Loan through the purchase of deposits having a maturity corresponding to such Libor Interest Period and bearing an interest rate equal to the LIBOR Libor Rate for such Libor Interest Period.
Appears in 1 contract
Discretion of Lenders as to Manner of Funding. Notwithstanding any provision of this Agreement to the contrary, each Lender Lenders shall be entitled to fund and maintain its funding of all or any part of its Loans the LIBOR Advances in any manner it they sees fit, it being understood, understood however, that for the purposes of this Agreement all determinations hereunder shall be made as if such Lender Lenders had actually funded and maintained each LIBOR Loan Advance during each Interest Period for such Loan Advance through the purchase of deposits having a maturity corresponding to such Interest Period and bearing an interest rate equal to the LIBOR Rate for such Interest Period.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Astrotech International Corp /New)
Discretion of Lenders as to Manner of Funding. Notwithstanding any provision of this Agreement to the contrary, each Lender 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 Lender had actually funded and maintained each LIBOR Libor Loan during each Libor Interest Period for such Loan through the purchase of deposits having a maturity corresponding to such Libor Interest Period and bearing an interest rate equal to the LIBOR Libor Rate for such Libor Interest Period.
Appears in 1 contract
Samples: Revolving Loan and Security Agreement (Advocat Inc)
Discretion of Lenders as to Manner of Funding. Notwithstanding any provision of this Agreement to the contrary, each Lender shall be entitled to may 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 will be made as if such that Lender had actually funded and maintained each LIBOR Loan during each applicable Interest Period for such that Loan through the purchase of deposits having a maturity corresponding to such that Interest Period and bearing an interest rate equal to the LIBOR Rate for such that Interest Period.
Appears in 1 contract