Notional Funding. Each Bank shall have the right from time to time, without notice to any Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers to such other office), and as a result of such change, the Borrowers would not be under any greater financial obligation pursuant to Section 5.5 than they would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the Bank’s actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 6 contracts
Samples: Credit Agreement (Triumph Group Inc), Credit Agreement (Triumph Group Inc), Credit Agreement (Triumph Group Inc)
Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 5.6 [Additional Compensation in Certain Circumstances] than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 5 contracts
Samples: Credit Agreement (Elgin National Industries Inc), Credit Agreement (Novacare Employee Services Inc), Credit Agreement (Compudyne Corp)
Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 5.6 [Additional Compensation in Certain Circumstances] than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 5 contracts
Samples: Credit Agreement (Koppers Inc), Credit Agreement (KI Holdings Inc.), Credit Agreement (Ii-Vi Inc)
Notional Funding. Each Bank shall have the right from time to time, without notice to any Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 10.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers to such other office), and as a result of such change, the Borrowers would not be under any greater financial obligation pursuant to Section 5.5 4.5 than they would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the Bank’s actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 4 contracts
Samples: Credit Agreement (Triumph Group Inc), Revolving Credit Facility (Triumph Group Inc), Revolving Credit Facility (Triumph Group Inc)
Notional Funding. Each Bank shall have the right from time to time, without notice to any Borrowerthe Borrowers, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 10.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers a Borrower to such other office), ) and as a result of such change, the Borrowers such Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.6 [Additional Compensation in Certain Circumstances] than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 4 contracts
Samples: Credit Agreement (Super Test Petroleum Inc), Credit Agreement (Kwik Fil Inc), Credit Agreement (Vulcan Asphalt Refining Corp)
Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 5.6 [Additional Compensation in Certain Circumstances] or Section 5.8 [Taxes] than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 4 contracts
Samples: Revolving Credit Facility (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp)
Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary subsidiary or Affiliate affiliate (which for the purposes of this Section 11.5 11.05 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), ) and as a result of such change, change the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 5.06 hereof than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 4 contracts
Samples: Credit Agreement (Mariner Health Group Inc), Credit Agreement (Mariner Health Group Inc), Credit Agreement (Mariner Post Acute Network Inc)
Notional Funding. Each Bank shall have the right from time to time, without notice to any Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers to such other office), and as a result of such change, the Borrowers would not be under any greater financial obligation pursuant to Section 5.5 than they would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 3 contracts
Samples: Credit Agreement (Triumph Group Inc), Credit Agreement (Triumph Group Inc), Credit Agreement (Triumph Group Inc)
Notional Funding. Each Bank shall have the right from time to time, without notice to any Borrowerthe Borrowers, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers to such other office), and as a result of such change, the Borrowers would not be under any greater financial obligation pursuant to Section 5.5 5.6 than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 3 contracts
Samples: Credit Agreement (Glatfelter P H Co), Revolving Credit Facility (Primesource Corp), Credit Agreement (Glatfelter P H Co)
Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 10.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the EuroLIBO-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation (including pursuant to Section 5.5 4.6 (Additional Compensation in Certain Circumstances)) than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 3 contracts
Samples: Revolving Credit Facility (Hovnanian Enterprises Inc), Credit Agreement (Hovnanian Enterprises Inc), Revolving Credit Facility (Hovnanian Enterprises Inc)
Notional Funding. Each Bank Lender shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such BankLender) of such Bank Lender to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 under this Agreement than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank Lender without regard to the Banksuch Lender’s actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such BankLender.
Appears in 3 contracts
Samples: Credit Agreement (Consol Energy Inc), Credit Agreement (Consol Energy Inc), Revolving Credit Facility (Consol Energy Inc)
Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 10.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.5 [Additional Compensation in Certain Circumstances] than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 3 contracts
Samples: Credit Agreement (Champion Enterprises Inc), Revolving Credit Facility (Respironics Inc), Revolving Credit Facility (KPMG Consulting Inc)
Notional Funding. Each Bank shall have the right from time to time, without notice to any Borrowerthe Borrowers, to deem any branch, Subsidiary Subsidiary, or Affiliate (which for the purposes of this Section 11.5 10.05 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained maintained, or funded any Loan to which the Euro-Rate LIBOR Option applies at any time, provided that immediately following (on the assumption that a payment were was then due from the Borrowers to such other office), and as a result of such change, the Borrowers would will not be under any greater financial obligation pursuant to Section 5.5 4.06 [Additional Compensation in Certain Circumstances] than they would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 3 contracts
Samples: Credit Agreement (Assured Guaranty LTD), Credit Agreement (Assured Guaranty LTD), Credit Agreement (Assured Guaranty LTD)
Notional Funding. Each Bank shall have the right from time to ---------------- time, without notice to any the Borrower, to deem any branch, Subsidiary subsidiary or Affiliate affiliate (which for the purposes of this Section 11.5 11.05 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), ) and as a result of such change, change the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 5.06 hereof than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 3 contracts
Samples: Revolving Credit Facility (Mariner Post Acute Network Inc), Revolving Credit Facility (Mariner Post Acute Network Inc), Credit Agreement (Mariner Post Acute Network Inc)
Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 10.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided PROVIDED that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.5 [Additional Compensation in Certain Circumstances] than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 3 contracts
Samples: Revolving Credit Facility (Arch Coal Inc), Credit Agreement (Papa Johns International Inc), Term Loan Credit Agreement (Arch Coal Inc)
Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary subsidiary or Affiliate affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided PROVIDED that immediately following (on the assumption that a payment were was then due from the Borrowers Borrower to such other office), ) and as a result of such change, change the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 2 contracts
Samples: Credit Agreement (Federated Investors Inc /Pa/), Senior Secured Credit Agreement (Federated Investors Inc /Pa/)
Notional Funding. Each Bank shall have the right from time to time, without notice to any Borrowerthe Borrowers, to deem any branch, Subsidiary Subsidiary, or Affiliate (which for the purposes of this Section 11.5 10.05 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained maintained, or funded any Loan to which the Euro-Rate LIBOR Option applies at any time, provided that immediately following (on the assumption that a payment were was then due from the Borrowers to such other office), and as a result of such change, the Borrowers would will not be under any greater financial obligation pursuant to Section 5.5 4.06 [Additional Compensation in Certain Circumstances] than they would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 2 contracts
Samples: Credit Agreement (Assured Guaranty LTD), 364 Day Revolving Credit Facility (Ace LTD)
Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary subsidiary or Affiliate affiliate (which for the purposes of this Section 11.5 12.15 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 Subsection 2.5(h) than they would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 2 contracts
Samples: Loan Agreement (Atlas Pipeline Partners Lp), Loan Agreement (Resource America Inc)
Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided PROVIDED that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 5.6 [Additional Compensation in Certain Circumstances] than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 2 contracts
Samples: Credit Agreement (Linc Net Inc), Credit Agreement (Corrpro Companies Inc /Oh/)
Notional Funding. Each Bank shall have the right from time to time, without notice to any Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 10.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the EuroLIBO-Rate Option applies at any timeLoans, provided that immediately following (on the assumption that a payment were then due from the Borrowers a Borrower to such other office), and as a result of such change, the Borrowers such Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.6 than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 2 contracts
Samples: Credit Agreement (Interface Security Systems, L.L.C.), Credit Agreement (Interface Security Systems Holdings Inc)
Notional Funding. Each Bank shall have the right from time to time, without notice to any Borrowerthe Loan Parties, to deem any branch, Subsidiary subsidiary or Affiliate affiliate (which for the purposes of this Section 11.5 11.05 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Revolving Credit Loan to which the Revolving Credit Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers to such other office), ) and as a result of such change, change the Borrowers would not be under any greater financial obligation pursuant to Section 5.5 5.06 hereof than they would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 2 contracts
Samples: Credit Agreement (Novacare Inc), Credit Agreement (Novacare Inc)
Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 10.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.5 than they would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 2 contracts
Samples: Revolving Credit Facility (Triumph Group Inc /), Revolving Credit Facility (Triumph Group Inc /)
Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 5.6 than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Tb Woods Corp), Credit Agreement (Rent Way Inc)
Notional Funding. Each Bank shall have the right from time to time, without notice to any Borrowerthe Borrowers, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 10.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately -------- following (on the assumption that a payment were then due from the Borrowers to such other office), and as a result of such change, the Borrowers would not be under any greater financial obligation pursuant to Section 5.5 4.5 than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 1 contract
Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided PROVIDED that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 5.6 than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 1 contract
Samples: Credit Agreement (Grubb & Ellis Co)
Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary Subsidiary, or Affiliate (which for the purposes of this Section 11.5 10.05 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained maintained, or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.06 [Additional Compensation in Certain Circumstances] than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 1 contract
Samples: Credit Agreement (Ace LTD)
Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of Bank)of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 5.7 than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 1 contract
Notional Funding. Each Bank shall have the right from time to time, without notice to any Borrowerthe Borrowers, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Revolving Credit Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers to such other office), and as a result of such change, the Borrowers would not be under any greater financial obligation pursuant to Section 5.5 5.6 than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the Bank’s 's actual methods of making, maintaining or funding the Revolving Credit Loans or any sources of funding actually used by or available to such Bank.
Appears in 1 contract
Samples: Credit Agreement (Phymatrix Corp)
Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 10.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.6 than they would have been in the absence -79- 89 of such change. Notional funding offices may be selected by each Bank without regard to the Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 1 contract
Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a -------- payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 5.6 than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 1 contract
Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the -------- assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 [Additional Compensation in Certain Circumstances] than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 1 contract
Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Euro Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 5.6 [Additional Compensation in Certain Circumstances] than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 1 contract
Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 0 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided PROVIDED that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 0 [Additional Compensation in Certain Circumstances] than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 1 contract
Samples: Credit Agreement (Orius Corp)
Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 10.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the -------- assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.6 than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 1 contract
Samples: Credit Agreement (Audio Communications Network Inc)
Notional Funding. Each Bank shall have the right from time to time, without notice to any BorrowerLoan Party, to deem any branch, Subsidiary subsidiary or Affiliate affiliate (which for the purposes of this Section 11.5 11.05 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the any Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), ) and as a result of such change, change the Borrowers Bank may not invoke Section 3.04 and the Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.06 hereof than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 1 contract
Notional Funding. Each Bank shall have the right from --- ---------------- time to time, without notice to any the Borrower, to deem any branch, Subsidiary subsidiary or Affiliate affiliate (which for the purposes of this Section 11.5 11.05 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), ) and as a result of such change, change the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 5.06 hereof than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 1 contract
Notional Funding. Each Bank shall have the right from time to time, without notice to any Borrowerthe Borrowers, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-LIBO Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers to such other office), and as a result of such change, the Borrowers would not be under any greater financial obligation pursuant to Section 5.5 5.6 than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 1 contract
Samples: Credit Agreement (Primesource Corp)
Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 1 contract
Samples: Credit Agreement (Roundys Inc)
Notional Funding. Each Bank shall have the right from time to time, without notice to any Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 10.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers to such other office), and as a result of such change, the Borrowers would not be under any greater financial obligation pursuant to Section 5.5 4.5 than they would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 1 contract
Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 10.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately -------- following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.6 than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 1 contract
Samples: Revolving Credit Agreement (Cable Tv Fund 14-a LTD)
Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 5.6 [Increased Costs] than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 1 contract
Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 5.6 [Increased Costs] than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 1 contract
Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary subsidiary or Affiliate affiliate (which for the purposes of this Section 11.5 11.15 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 1.6(i) than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 1 contract
Notional Funding. Each Bank shall have the right from time to time, without notice to any Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the -------- assumption that a payment were then due from the Borrowers any Borrower to such other office), and as a result of such change, the Borrowers no Borrower would not be under any greater financial obligation pursuant to Section 5.5 [Additional Compensation in Certain Circumstances] than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 1 contract
Notional Funding. Each Bank shall have the right from time to time, without notice to any Borrowerthe Borrowers, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 10.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers to such other office), and as a result of such change, the Borrowers would not be under any greater financial obligation pursuant to Section 5.5 4.6 than they would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 1 contract
Samples: Revolving Credit Facility (Professional Detailing Inc)
Notional Funding. Each Bank shall have the right from time to time, without notice to any Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 10.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers any Borrower to such other office), and as a result of such change, the Borrowers no Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.5 [Additional Compensation in Certain Circumstances] than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 1 contract
Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 5.6 than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 1 contract
Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 10.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Revolving Credit Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.5 [Additional Compensation in Certain Circumstances] than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Revolving Credit Loans or any sources of funding actually used by or available to such Bank.
Appears in 1 contract
Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary Subsidiary, or Affiliate (which for the purposes of this Section 11.5 10.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained maintained, or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately -------- following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.6 than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining maintaining, or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 1 contract
Samples: Convertible Revolving Credit Facility (Ptek Holdings Inc)
Notional Funding. Each Bank shall have the right from time to time, without notice to any Borrowerthe Borrowers, to deem any branch, Subsidiary subsidiary or Affiliate affiliate (which for the purposes of this Section 11.5 12.15 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers to such other office), and as a result of such change, the Borrowers would not be under any greater financial obligation pursuant to Section 5.5 Subsection 2.5(h) than they would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 1 contract
Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers to such other office), and as a result of such change, the Borrowers would not be under any greater financial obligation pursuant to Section 5.5 5.6 [Additional Compensation in Certain Circumstances] than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 1 contract
Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 10.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-LIBOR Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.6 [Additional Compensation in Certain Circumstances] than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 1 contract
Samples: Credit Agreement (Integrated Alarm Services Group Inc)
Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 10.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.5 [Additional Compensation in Certain Circumstances] than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 1 contract
Samples: Credit Agreement (Arch Coal Inc)
Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 10.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.5.3 [Additional Compensation in Certain Circumstances] than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 1 contract
Samples: Credit Agreement (Party City Corp)
Notional Funding. Each Bank shall have the right from time ---------------- to time, without notice to any the Borrower, to deem any branch, Subsidiary subsidiary or Affiliate affiliate (which for the purposes of this Section 11.5 115 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that -------- immediately following (on the assumption that a payment were was then due from the Borrowers Borrower to such other office), ) and as a result of such change, change the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 55 than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 1 contract
Samples: Senior Secured Credit Agreement (Federated Investors Inc /Pa/)
Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 11.4 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 5.4 than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 1 contract
Samples: Credit Agreement (Aquapenn Spring Water Company Inc)
Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), ) and as a result of such change, change the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 hereof than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 1 contract
Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 10.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.5 than they would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the Bank’s actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 1 contract
Notional Funding. Each Bank shall have the right from time ---------------- to time, without notice to any the Borrower, to deem any branch, Subsidiary subsidiary or Affiliate affiliate (which for the purposes of this Section 11.5 11.05 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), ) and as a result of such change, change the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 5.06 hereof than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 1 contract
Samples: Term Loan Facility (Mariner Post Acute Network Inc)
Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided PROVIDED that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 [Additional Compensation in Certain Circumstances] than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 1 contract
Samples: Credit Agreement (Covance Inc)
Notional Funding. Each Bank shall have the right from time to time, without notice to any Borrowerthe Borrowers, to deem any branch, Subsidiary Subsidiary, or Affiliate (which for the purposes of this Section 11.5 10.05 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained maintained, or funded any Loan to which the Euro-Rate LIBOR Option applies at any time, provided that immediately following (on the assumption that a payment were was then due from the Borrowers to such other office), and as a result of such change, the Borrowers would will not be under any greater financial obligation pursuant to Section 5.5 4.06 [Additional Compensation in Certain Circumstances] than they would ould have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 1 contract
Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 10.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.6 than they would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 1 contract
Notional Funding. Each Bank shall have the right from time to time, without notice to any Borrowerthe Borrowers, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 10.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers a Borrower to such other office), ) and as a result of such change, the Borrowers such Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.6 [Additional Compensation in Certain Circumstances] than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 1 contract
Samples: Credit Agreement (Bell Oil Corp)
Notional Funding. Each Bank shall have the right from time to time, without notice to any Borrowerthe Borrowers, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any time, provided PROVIDED that immediately following (on the assumption that a payment were then due from the Borrowers to such other office), and as a result of such change, the Borrowers would not be under any greater financial obligation pursuant to Section 5.5 5.6 [Additional Compensation in Certain Circumstances] than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 1 contract
Samples: Senior Secured Revolving Credit Facility and Term Loan Credit Agreement (Res Care Inc /Ky/)
Notional Funding. Each Bank shall have the right from time to time, without notice to any the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 10.5 shall mean any corporation or association which is directly or indirectly controlled by or is under direct or indirect common control with any corporation or association which directly or indirectly controls such Bank) of such Bank to have made, maintained or funded any Loan to which the Euro-Rate LIBOR Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrowers Borrower to such other office), and as a result of such change, the Borrowers Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.6 [Additional Compensation in Certain Circumstances] than they it would have been in the absence of such change. Notional funding offices may be selected by each Bank without regard to the such Bank’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Bank.
Appears in 1 contract
Samples: Senior Multi Currency Revolving Credit Facility (Viasys Healthcare Inc)