Loans to be Made Pro Rata. The obligation of each Lender to make Loans hereunder and the Commitment of each Lender are several and not joint obligations. All Borrowings (other than Borrowings under the Swing Line Facility) shall be made by the Lenders pro rata on the basis of their respective Commitments. Subject to Section 2.9, it is understood that no Lender shall be responsible for any default by any other Lender in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its Commitment.
Appears in 3 contracts
Samples: Credit Agreement (Ch Energy Group Inc), Credit Agreement (Ch Energy Group Inc), Credit Agreement (Central Hudson Gas & Electric Corp)
Loans to be Made Pro Rata. The obligation of each Lender to make Loans hereunder and the Commitment of each Lender are several and not joint obligations. All Borrowings (other than Borrowings under the Swing Line Facility) shall be made by the Lenders pro rata on the basis of their respective CommitmentsCommitments as in effect on the Funding Date prior to the making of the Loans hereunder. Subject to Section 2.9, it It is understood that no Lender shall be responsible for any default by any other Lender in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its Commitment.
Appears in 1 contract
Samples: Term Loan Agreement (DPL Inc)