Loans and Borrowing. (a) Each Loan shall be made as part of a Borrowing consisting of Loans made by the Lenders ratably in accordance with their respective Commitments. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.
Loans and Borrowing. (a) The failure of any New Lender to make a New Loan required to be made by it shall not relieve any other New Lender of its obligations hereunder; provided, however, that the New Commitments of the New Lenders are several and no New Lender shall be responsible for any other New Lender’s failure to make its New Loan as required.
Loans and Borrowing. (a) Each Loan to be made on the Closing Date shall be made as part of a Borrowing consisting of Loans made by the Lenders ratably in accordance with their respective Commitments. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.
Loans and Borrowing. Subject to Section 2.18, the Loans shall be constituted entirely of Prime Rate Loans, CDOR Rate Loans or a combination thereof as either Borrower may request in accordance herewith. The Lender at its option may make any CDOR Rate Loan by causing any domestic or foreign branch or Affiliate of the Lender to make such Loan; provided that any exercise of such option shall not affect the obligation of the Borrowers to repay such Loan in accordance with the terms of this Agreement. Loans of more than one Type may be outstanding at the same time.
Loans and Borrowing. Each Loan outstanding on the Restatement Date or the Tranche A Closing Date, after giving effect to the transactions provided for in Section 2.1, shall be part of a borrowing consisting of Loans held ratably by the Lenders in accordance with the percentages that their respective Loans bear to the aggregate principal amount of the outstanding Loans. The failure of any Lender having a Commitment to make any New Loan or Tranche A Loan required to be made by it on the Restatement Date or Tranche A Closing Date (as applicable) shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make New Loans or Tranche A Loans as required.”
Loans and Borrowing. Each Loan outstanding on the Restatement Date, after giving effect to the transactions provided for in Section 2.1, shall be part of a borrowing consisting of Loans held ratably by the Lenders in accordance with the percentages that their respective Loans bear to the aggregate principal amount of the outstanding Loans.
Loans and Borrowing. Each Loan outstanding on the Restatement Date, after giving effect to the transactions provided for in Section 2.1, shall be part of a borrowing consisting of Loans held ratably by the Lenders in accordance with the percentages that their respective Loans bear to the aggregate principal amount of the outstanding Loans. The failure of any Lender having a Commitment to make any New Loan required to be made by it on the Restatement Date shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make New Loans as required.
Loans and Borrowing. Each Loan outstanding on the Second Amendment Closing Date, after giving effect to the transactions provided for in Section 2.1, shall be part of a borrowing consisting of Loans held by Royalty Opportunities.”
Loans and Borrowing. Subject to the terms and conditions set forth herein, each Lender agrees on the Closing Date to assume a term Loan hereunder in the principal amount set forth for such Lender on Schedule 2.01. In connection with such assumption, the proceeds of the loans made under the New Credit Agreement and the proceeds of payments made hereunder by the Lenders in respect of any increase in their outstanding loans under this Agreement will be applied on the Closing Date to repay all the loans outstanding under this Agreement that will not continue after the Closing Date and to make payments to lenders under this Agreement prior to giving effect to the amendment and restatement hereof in respect of any decrease in their portion of any loans continuing after the Closing Date as assumed Loans under this Section 2.01. On the Closing Date, $35,000,000 in aggregate principal amount of Loans are outstanding. Loans assumed and outstanding pursuant to this Section 2.01 are not revolving in nature and amounts of such Loans repaid or prepaid may not be reborrowed.
Loans and Borrowing
