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 Notes in any manner it sees fit, it being understood, however, that for the purposes of this Agreement all determinations hereunder (including, without limitation, determinations under Sections 2.5, 2.6, 2.7 and 2.9 hereof) shall be made as if each Lender had actually funded and maintained each LIBOR Portion during each Interest Period applicable thereto through the purchase of deposits in the relevant market in the amount of its share of such LIBOR Portion, having a maturity corresponding to such Interest Period, and bearing an interest rate equal to the LIBOR for such Interest Period.
Appears in 4 contracts
Samples: Credit Agreement (Morton Industrial Group Inc), Credit Agreement (Morton Industrial Group Inc), Credit Agreement (Morton Industrial 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 Notes in any manner it sees fit, it being understood, however, that for the purposes of this Agreement all determinations hereunder (including, without limitation, determinations under Sections 2.5, 2.6, 2.7 and 2.9 hereof) shall be made as if each Lender had actually funded and maintained each LIBOR Portion during each Interest Period applicable thereto through the purchase of deposits in the relevant market in the amount of its pro rata share of such LIBOR Portion, having a maturity corresponding to such Interest Period, and bearing an interest rate equal to the LIBOR for such Interest Period.
Appears in 4 contracts
Samples: Credit Agreement (Rentx Industries Inc), Credit Agreement (Apac Teleservices Inc), Credit Agreement (Apac Teleservices 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 Notes in any manner it sees fit, it being understood, however, that for the purposes of this Agreement all determinations hereunder (including, without limitation, determinations under Sections 2.5, 2.6, 2.7 and 2.9 hereof) shall be made as if each Lender had actually funded and maintained each LIBOR Portion during each Interest Period applicable thereto through the purchase of deposits in the relevant market in the amount of its pro rata share of such LIBOR Portion, having a maturity corresponding to such Interest Period, and bearing an interest rate equal to the LIBOR Rate, as the case may be, for such Interest Period.
Appears in 2 contracts
Samples: Long Term Credit Agreement (Anicom Inc), Short Term Credit Agreement (Anicom 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 Notes in any manner it sees fit, it being understood, however, that for the purposes of this Agreement all determinations hereunder (including, without limitation, including determinations under Sections 2.5, 2.6, 2.7 and 2.9 2.8 hereof) shall be made as if each such Lender had actually funded and maintained its share of each LIBOR Portion during each Interest Period applicable thereto through the purchase of deposits in the relevant offshore interbank market in the amount of its share of such LIBOR Portion, having a maturity corresponding to such Interest Period, Period and bearing an interest rate equal to the LIBOR for such Interest Period.
Appears in 2 contracts
Samples: Credit Agreement (Everest One Ipa Inc), Credit Agreement (Home Dialysis of Columbus 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 share of its Notes in any manner it sees fit, it being understood, however, that for the purposes of this Agreement all determinations hereunder (including, without limitation, including determinations under Sections 2.5, 2.6, 2.7 and 2.9 2.8 hereof) shall be made as if each such Lender had actually funded and maintained each LIBOR Portion during each Interest Period applicable thereto through the purchase of deposits in the relevant offshore interbank market in the amount of its share of such LIBOR Portion, having a maturity corresponding to such Interest Period, Period and bearing an interest rate equal to the LIBOR for such Interest Period.
Appears in 2 contracts
Samples: Credit Agreement (Badger Paper Mills Inc), Credit Agreement (Ha Lo Industries Inc)
Discretion of Lenders as to Manner of Funding. Notwithstanding any provision of contained in this Agreement to the contrary, each Lender shall be entitled to fund and maintain its funding of all or any part of its Notes LIBOR Loans in any manner it sees fitelects, it being understood, however, that for the purposes of this Agreement all determinations hereunder (including, without limitation, determinations the determination of each Lender’s funding losses and expenses under Sections 2.5, 2.6, 2.7 and 2.9 hereofSection 2.17) shall be made as if each such Lender had actually funded and maintained each LIBOR Portion during each Interest Period applicable thereto Loan through the purchase of deposits in the relevant market in the amount of its share of such LIBOR Portion, having a maturity corresponding to such the maturity of the applicable Interest Period, Period relating to the applicable LIBOR Loan and bearing an interest rate equal to the applicable LIBOR for such Interest PeriodBase Rate.
Appears in 2 contracts
Samples: Loan Agreement (Schiff Nutrition International, Inc.), Loan Agreement (Schiff Nutrition International, 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 Notes Note in any manner it sees fit, it being understood, however, that for the purposes of this Agreement all determinations hereunder (including, without limitation, determinations under Sections 2.512.3, 2.6, 2.7 12.4 and 2.9 12.5 hereof) shall be made as if each Lender had actually funded and maintained each LIBOR Portion during each Interest Period applicable thereto through the purchase of deposits in the relevant market in the amount of its pro rata share of such LIBOR Portion, having a maturity corresponding to such Interest Period, and bearing an interest rate equal to the LIBOR 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 of its Notes in any manner it sees fit, it being understood, however, that for the purposes of this Agreement all determinations hereunder (including, without limitation, determinations under Sections 2.5, 2.6, 2.7 and 2.9 hereof) shall be made as if each Lender had actually funded and maintained each LIBOR Portion during each Interest Period applicable thereto through the purchase of deposits in the relevant market in the amount of its pro rata share of such LIBOR Portion, having a maturity corresponding to such Interest Period, and bearing an interest rate equal to the LIBOR Rate, as the case may be, for such Interest Period. SECTION 3.
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 of its Notes in any manner it sees fit, it being understood, however, that for the purposes of this Agreement all determinations hereunder with respect to LIBOR Portions (including, without limitation, determinations under Sections 2.5, 2.6, 2.7 and 2.9 2.8 hereof) shall be made as if each Lender had actually funded and maintained each LIBOR Portion during each Interest Period applicable thereto through the purchase of deposits in the relevant market in the amount of its share Percentage of such LIBOR Portion, having a maturity corresponding to such Interest Period, and bearing an interest rate equal to the LIBOR for such Interest Period.
Appears in 1 contract
Samples: Credit Agreement (Harrington West Financial Group Inc/Ca)
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 Revolving Credit Notes in any manner it sees fit, it being understood, however, that for the purposes of this Agreement all determinations hereunder (including, without limitation, determinations under Sections 2.5, 2.6, 2.7 and 2.9 hereof) shall be made as if each Lender had actually funded and maintained each LIBOR Portion during each Interest Period applicable thereto through the purchase of deposits in the relevant market in the amount of its pro rata share of such LIBOR Portion, having a maturity corresponding to such Interest Period, and bearing an interest rate equal to the LIBOR for such Interest Period.
Appears in 1 contract
Samples: Credit Agreement (Hub 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 Notes Note in any manner it sees fit, it being understood, however, that for the purposes of this Agreement all determinations hereunder (including, without limitation, determinations under Sections 2.5, 2.6, 2.7 and 2.9 hereof) shall be made as if each Lender had actually funded and maintained each LIBOR Portion during each Interest Period applicable thereto through the purchase of deposits in the relevant market in the amount of its pro rata share of such LIBOR Portion, having a maturity corresponding to such Interest Period, and bearing an interest rate equal to the LIBOR for such Interest Period.
Appears in 1 contract
Samples: Credit Agreement (WLR Foods Inc)