Common use of Equalization of Lenders Clause in Contracts

Equalization of Lenders. Each borrowing and each payment or ----------------------- prepayment by, or for the account of, the Borrowers with respect to principal, interest, Fees, or other amounts due from the Borrowers hereunder to the Lenders with respect to the Loans, shall (except as provided in Section 2.05, 2.07, 2.12 (b) or 9.03 hereof) be made in proportion to the Loans outstanding from each Lender or, if no such Loans are then outstanding, in proportion to the Ratable Share of each Lender. Each payment of Unreimbursed L/C Draws shall be made for the account of the L/C Issuer. The Lenders agree among themselves that, with respect to all amounts received by any Lender (in its capacity solely as a Lender) or any such holder for application on any obligation hereunder or under any Note or under any such participation, whether received by voluntary payment, by realization upon security, by the exercise of the right of set-off or banker's lien, by counterclaim or by any other non-pro rata source, equitable adjustment will be made in the manner stated in the following sentence so that, in effect, all such excess amounts will be shared ratably among the Lenders and such holders in proportion to their interest in payments under the Notes, except as otherwise expressly provided herein. The Lenders or any such holder receiving any such amount shall purchase for cash, from each of the other Lenders, an interest in such Lender's Loans in such amount as shall result in a ratable participation by the Lenders and each such holder in the aggregate unpaid amount under the Notes, provided that if all or any portion of such excess amount is thereafter recovered from the Lender or the holder making such purchase, such purchase shall be rescinded and the purchase price restored to the extent of such recovery, together with interest or other amounts, if any, required by Law (including court order) to be paid-by the Lender or the holder making such purchase.

Equalization of Lenders. Each borrowing and each payment or ----------------------- prepayment by, or for the account of, the Borrowers with respect to principal, interest, Fees, or other amounts due from the Borrowers hereunder to the Lenders with respect to the Loans, shall (except as provided in Section 2.05, 2.07, 2.12 (b) or 9.03 hereof) be made in proportion to the Loans outstanding from each Lender or, if no such Loans are then outstanding, in proportion to the Ratable Share of each Lender. Each payment of Unreimbursed L/C Draws shall be made for the account of the L/C Issuer. The Lenders agree among themselves that, with respect to all amounts received by any Lender (in its capacity solely as a Lender) or any such holder for application on any obligation hereunder Obligation relating to the Notes or under any Note or under any such participation, the Tranche B Credit-Linked Deposits whether received by voluntary payment, by realization upon security, by the exercise of the right of set-off or banker's ’s lien, by counterclaim or by any other non-pro rata source, equitable adjustment will be made in the manner stated in the following sentence so that, in effect, all such excess amounts will be shared ratably among the Lenders and such holders in proportion to their interest interests in the Obligations then due and payable relating to the Notes or the Tranche B Credit-Linked Deposits (including any Obligation to provide cash collateral for Letters of Credit), provided that payments made to any Lender in respect of Obligations arising under the NotesSection 4.4.3 [Paying Agent’s and Lender’s Rights], except as otherwise expressly provided herein5.4.2 [Replacement of a Lender] or 5.6 [Additional Compensation in Certain Circumstances] may be retained by such Lender. The Lenders or any such holder receiving any such amount shall purchase for cash, cash from each of the other Lenders, Lenders an interest in such Lender's ’s Loans or Tranche B Credit-Linked Deposits in such amount as shall result in a ratable participation by the Lenders and each such holder in the aggregate unpaid amount under the NotesNotes plus the amount of the Tranche B Credit-Linked Deposits, provided that if all or any portion of such excess amount is thereafter recovered from the Lender or the holder making such purchase, such purchase shall be rescinded and the purchase price restored to the extent of such recovery, together with interest or other amounts, if any, required by Law law (including court order) to be paid-paid by the Lender or the holder making such purchase.

Equalization of Lenders. Each borrowing and each payment or ----------------------- prepayment by, or for the account of, the Borrowers Borrower with respect to principal, interest, Fees, or other amounts due from the Borrowers Borrower hereunder to the Lenders with respect to the Loans, shall (except as provided in Section 2.052.10, 2.072.12, 2.12 (b2.18(b) or 9.03 hereof9.03) be made in proportion to the Loans outstanding from each Lender or, if no such Loans are then outstanding, in proportion to the Ratable Share of each Lender. Each payment of Unreimbursed L/C Letter of Credit Draws shall be made for the account of the L/C IssuerIssuing Bank. The Lenders agree among themselves that, with respect to all amounts received by any Lender (in its capacity solely as a Lender) or any such holder for application on any obligation hereunder or under any Note or under any such participation, whether received by voluntary payment, by realization upon security, by the exercise of the right of set-off or banker's lien, by counterclaim or by any other non-pro rata source, equitable adjustment will shall be made in the manner stated in the following sentence so that, in effect, all such excess amounts will shall be shared ratably among the Lenders and such holders in proportion to their interest in payments under the Notes, except as otherwise expressly provided herein. The Lenders or any such holder receiving any such amount shall purchase for cash, from each of the other Lenders, an interest in such Lender's Loans in such amount as shall result in a ratable participation by the Lenders and each such holder in the aggregate unpaid amount under the Notes, provided that if all or any portion of such excess amount is thereafter recovered from the Lender or the holder making such purchase, such purchase shall be rescinded and the purchase price restored to the extent of such recovery, together with interest or other amounts, if any, required by Law (including court order) to be paid-paid by the Lender or the holder making such purchase.

Equalization of Lenders. Each borrowing and each payment or ----------------------- prepayment by, or for the account of, the Borrowers Borrower with respect to principal, interest, Fees, or other amounts due from the Borrowers Borrower hereunder to the Lenders with respect to the Revolving Credit Loans, shall (except as provided in Section 2.052.10, 2.072.12, 2.12 (b2.17(b) or 9.03 hereof) be made in proportion to the Revolving Credit Loans outstanding from each Lender or, if no such Revolving Credit Loans are then outstanding, in proportion to the Ratable Share of each Lender. Each payment of Unreimbursed L/C Draws shall be made for the account of the L/C Issuer. The Lenders agree among themselves that, with respect to all amounts received by any Lender (in its capacity solely as a Lender) or any such holder for application on any obligation hereunder or under any Note or under any such participation, whether received by voluntary payment, by realization upon security, by the exercise of the right of set-off or banker's lien, by counterclaim or by any other non-pro rata source, equitable adjustment will be made in the manner stated in the following sentence so that, in effect, all such excess amounts will be shared ratably among the Lenders and such holders in proportion to their interest in payments under the Notes, except as otherwise expressly provided herein. The Lenders or any such holder receiving any such amount shall purchase for cash, from each of the other Lenders, an interest in such Lender's Revolving Credit Loans in such amount as shall result in a ratable participation by the Lenders and each such holder in the aggregate unpaid amount under the Notes, provided that if all or any portion of such excess amount is thereafter recovered from the Lender or the holder making such purchase, such purchase shall be rescinded and the purchase price restored to the extent of such recovery, together with interest or other amounts, if any, required by Law (including court order) to be paid-paid by the Lender or the holder making such purchase.

Equalization of Lenders. Each borrowing and each ----------------------- payment or ----------------------- prepayment by, or for the account of, the Borrowers Borrower with respect to principal, interest, Fees, or other amounts due from the Borrowers Borrower hereunder to the Lenders with respect to the Loans, shall (except as provided in Section 2.052.10, 2.072.12, 2.12 (b2.18(b) or 9.03 hereof) be made in proportion to the Loans outstanding from each Lender or, if no such Loans are then outstanding, in proportion to the Ratable Share of each Lender. Each payment of Unreimbursed L/C Draws shall be made for the account of the L/C Issuer. The Lenders agree among themselves that, with respect to all amounts received by any Lender (in its capacity solely as a Lender) or any such holder for application on any obligation hereunder or under any Note or under any such participation, whether received by voluntary payment, by realization upon security, by the exercise of the right of set-off or banker's lien, by counterclaim or by any other non-pro rata source, equitable adjustment will be made in the manner stated in the following sentence so that, in effect, all such excess amounts will be shared ratably among the Lenders and such holders in proportion to their interest in payments under the Notes, except as otherwise expressly provided herein. The Lenders or any such holder receiving any such amount shall purchase for cash, from each of the other Lenders, an interest in such Lender's Loans in such amount as shall result in a ratable participation by the Lenders and each such holder in the aggregate unpaid amount under the Notes, provided that if all or any portion of such excess amount is thereafter recovered from the Lender or the holder making such purchase, such purchase shall be rescinded and the purchase price restored to the extent of such recovery, together with interest or other amounts, if any, required by Law (including court order) to be paid-paid by the Lender or the holder making such purchase.

Equalization of Lenders. Each borrowing and each payment or ----------------------- prepayment by, or for the account of, the Borrowers with respect to principal, interest, Fees, or other amounts due from the Borrowers hereunder to the Lenders with respect to the Loans, shall (except as provided in Section 2.05, 2.07, 2.12 (b) or 9.03 hereof) be made in proportion to the Loans outstanding from each Lender or, if no such Loans are then outstanding, in proportion to the Ratable Share of each Lender. Each payment of Unreimbursed L/C Draws shall be made for the account of the L/C Issuer. The Lenders and the holders of any participations in any Notes agree among themselves that, with respect to all amounts received by any Lender (in its capacity solely as a Lender) or any such holder for application on any obligation hereunder Obligation under the Credit Agreement or under any Note or under any such participation, whether received by voluntary payment, by realization upon security, by the exercise of the right of set-off or banker's ’s lien, by counterclaim or by any other non-pro rata source, equitable adjustment will be made in the manner stated in the following sentence so that, in effect, all such excess amounts will be shared ratably among the Lenders and such holders in proportion to their interest interests in payments under the Notes, except as otherwise expressly provided hereinin Section 3.4.3 [Agent’s and Lender’s Rights], 4.4.2 [Replacement of a Lender] or 4.6 [Additional Compensation in Certain Circumstances]. The Lenders or any such holder receiving any such amount shall purchase for cash, cash from each of the other Lenders, Lenders an interest in such Lender's ’s Loans in such amount as shall result in a ratable participation by the Lenders and each such holder in the aggregate unpaid amount under the Notes; provided, provided that if all or any portion of such excess amount is thereafter recovered from the Lender or the holder making such purchase, such purchase shall be rescinded and the purchase price restored to the extent of such recovery, together with interest or other amounts, if any, required by Law law (including court order) to be paid-paid by the Lender or the holder making such purchase. Any Lender that fails at any time to comply with the provisions of this Section 9.13 shall be deemed a Defaulting Lender until such time as it performs its obligations hereunder and is not otherwise a Defaulting Lender for any other reason. A Defaulting Lender shall be deemed to have assigned any and all payments due to it from the Borrower, whether on account of or relating to outstanding Loans, Letters of Credit, interest, fees or otherwise, to the remaining non-defaulting Lenders for application to, and reduction of, their respective Ratable Share of all outstanding Loans and other unpaid Obligations under the Credit Agreement or under any Note to which such Lenders are entitled. A Defaulting Lender shall be deemed to have satisfied the provisions of this Section 9.13 when and if, as a result of application of the assigned payments to all outstanding Loans and other unpaid Obligations under the Credit Agreement or under any Note to the non-defaulting Lenders, the Lenders’ respective Ratable Share of all outstanding Loans and unpaid Obligations under the Credit Agreement or under any Note have returned to those in effect immediately prior to such violation of this Section 9.13.