Common use of Equalization of Lenders Clause in Contracts

Equalization of Lenders. The Lenders and the holders of any participations in any Commitments or Loans or other rights or obligations of a Lender hereunder agree among themselves that, with respect to all amounts received by any Lender or any such holder for application on any Obligation hereunder or under any such participation, whether received by voluntary payment, by realization upon security, by the exercise of the right of setoff 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 interests in payments on the Loans, except as otherwise provided in Section 3.4.3, 4.4.2 or 4.6. 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 of the Loans, 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such excess amount is thereafter recovered from the Lender or the holder making such purchase, such purchase shall be rescinded and the purchase price restored to the extent of such recovery, together with interest or other amounts, if any, required by law (including court order) to be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. The Lenders and the holders of any participations in any Commitments or Revolving Credit Loans or other rights or obligations of a Lender hereunder agree among themselves that, with respect to all amounts received by any Lender or by any such holder for application on any Obligation hereunder or under any such participationparticipant, whether received by voluntary payment, by realization upon security, by the exercise of the right of setoff 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 participants in proportion to their interests in payments on under the Revolving Credit Loans, except as otherwise provided in Section 3.4.3Sections 3.03(b), 4.4.2 4.04(b), 4.06 or 4.611.03. The Lenders or any such holder participant receiving any such amount shall purchase for cash from each of the other Lenders or participants 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 participant in the aggregate unpaid amount of under the Revolving Credit Loans, provided that if all or any portion of such excess amount is thereafter recovered from the Lender or the holder participant 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 participant making such purchase.

Equalization of Lenders. The Lenders and the holders of any participations in any Commitments or Revolving Credit Loans or other rights or obligations of a Lender hereunder agree among themselves that, with respect to all amounts received by any Lender or by any such holder for application on any Obligation hereunder or under any such participationparticipant, whether received by voluntary payment, by realization upon security, by the exercise of the right of setoff 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 participants in proportion to their interests in payments on under the Revolving Credit Loans, except as otherwise provided in Section 3.4.3Sections 4.03(b), 4.4.2 5.04(b), 5.06 or 4.612.03. The Lenders or any such holder participant receiving any such amount shall purchase for cash from each of the other Lenders or participants 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 participant in the aggregate unpaid amount of under the Revolving Credit Loans, provided that if all or any portion of such excess amount is thereafter recovered from the Lender or the holder participant 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 participant making such purchase.