Common use of Notional Funding Clause in Contracts

Notional Funding. Each Lender shall have the right from time to time, without notice to 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 Lender) of such 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 Borrower to such other office), and as a result of such change, the Borrower would not be under any greater financial obligation pursuant to Section 5.5 [Additional Compensation in Certain Circumstances] than it would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to such Lender’s actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Lender.

Appears in 4 contracts

Samples: Credit Agreement (Covance Inc), Credit Agreement (Rhino Resource Partners LP), Credit Agreement (Covance Inc)

AutoNDA by SimpleDocs

Notional Funding. Each Lender Bank shall have the right from time to time, without notice to 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 LenderBank) of such Lender 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 Borrower to such other office), and as a result of such change, the 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 it would have been in the absence of such change. Notional funding offices may be selected by each Lender Bank without regard to such Lender’s Bank's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such LenderBank.

Appears in 4 contracts

Samples: Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp)

Notional Funding. Each Lender shall have the right from time to time, without notice to the Borrower, to deem any branch, Subsidiary subsidiary or Affiliate (which for the purposes of this Section 11.5 13.6 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 Lender) of such Lender to have made, maintained or funded any portion of the 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 Borrower to such other office), and as a result of such change, the Borrower would not be under any greater financial obligation pursuant to Section 5.5 [Additional Compensation in Certain Circumstances] 5.1 hereof than it would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to such the Lender’s actual methods of making, maintaining or funding its Pro Rata Share of the Loans Loan or any sources of funding actually used by or available to such Lender.

Appears in 4 contracts

Samples: Loan Agreement (Equity One, Inc.), Loan Agreement (Equity One, Inc.), Loan Agreement (Equity One, Inc.)

Notional Funding. Each Lender shall have the right from time to time, without notice to 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 Lender) of such 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 Borrower to such other office), and as a result of such change, the Borrower would not be under any greater financial obligation pursuant to Section 5.5 5.6 [Additional Compensation in Certain Circumstances] than it would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to such Lender’s actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Lender.

Appears in 4 contracts

Samples: Credit Agreement (Koppers Holdings Inc.), Credit Agreement (Koppers Holdings Inc.), Credit Agreement (Koppers Inc)

Notional Funding. Each Lender Bank shall have the right from time to time, without notice to 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 LenderBank) of such Lender 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 Borrower to such other office), and as a result of such change, the Borrower would not be under any greater financial obligation (including pursuant to Section 5.5 [4.6 (Additional Compensation in Certain Circumstances] )) than it would have been in the absence of such change. Notional funding offices may be selected by each Lender Bank without regard to such Lender’s Bank's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such LenderBank. 10.5.2.

Appears in 3 contracts

Samples: Credit Agreement (Hovnanian Enterprises Inc), Credit Agreement (Hovnanian Enterprises Inc), Credit Agreement (Hovnanian Enterprises Inc)

Notional Funding. Each Lender shall have the right from time to time, without notice to 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 Lender) of such 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 Borrower to such other office), and as a result of such change, the Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.5 [Additional Compensation in Certain Circumstances] than it would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to such Lender’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Lender.

Appears in 3 contracts

Samples: Credit Agreement (Arch Coal Inc), Credit Agreement (Arch Coal Inc), Pledge Agreement (Arch Coal Inc)

Notional Funding. Each Lender Bank shall have the right from time to time, without notice to 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 LenderBank) of such Lender 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 Borrower to such other office), and as a result of such change, the Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.5 [Additional Compensation in Certain Circumstances] than it would have been in the absence of such change. Notional funding offices may be selected by each Lender Bank without regard to such Lender’s Bank's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such LenderBank.

Appears in 3 contracts

Samples: Credit Agreement (Arch Coal Inc), Credit Agreement (Papa Johns International Inc), Pledge Agreement (Arch Coal Inc)

Notional Funding. Each Lender shall have the right from time to time, without notice to 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 Lender) of such Lender 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 Borrower to such other office), and as a result of such change, the Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.6 [Additional Compensation in Certain Circumstances] than it would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to such Lender’s actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Lender.

Appears in 3 contracts

Samples: Credit Agreement (Penn Virginia Resource Partners L P), Credit Agreement (Penn Virginia Resource Partners L P), Credit Agreement (Penn Virginia Resource Partners L P)

Notional Funding. Each Lender shall have the right from time to time, without notice to 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 Lender) of such 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 Borrower to such other office), and as a result of such change, the Borrower would not be under any greater financial obligation pursuant to Section 5.5 [Additional Compensation in Certain Circumstances] under this Agreement than it would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to such Lender’s actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Lender.

Appears in 3 contracts

Samples: Collateral Trust Agreement (Consol Energy Inc), Credit Agreement (Consol Energy Inc), Security Agreement (Consol Energy Inc)

Notional Funding. Each Lender shall have the right from time to time, without notice to the BorrowerBorrowers, 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 Lender) of such 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 Borrower Borrowers to such other office), and as a result of such change, the Borrower Borrowers would not be under any greater financial obligation pursuant to Section 5.5 [Additional Compensation in Certain Circumstances] 4.6 than it would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to such Lender’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Lender.

Appears in 2 contracts

Samples: Credit Agreement (Glatfelter P H Co), Credit Agreement (Glatfelter P H Co)

Notional Funding. Each Lender shall have the right from time to time, without notice to the BorrowerBorrowers, 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 Lender) of such 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 Borrower Borrowers to such other office), and as a result of such change, the Borrower Borrowers would not be under any greater financial obligation pursuant to Section 5.5 [Additional Compensation in Certain Circumstances] 4.6 than it would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to such Lender’s actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Lender.

Appears in 2 contracts

Samples: Credit Agreement (Glatfelter P H Co), Credit Agreement (Glatfelter P H Co)

Notional Funding. Each Lender Bank shall have the right from time to time, without notice to 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 LenderBank) of such Lender 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 Borrower to such other office), and as a result of such change, the Borrower would not be under any greater financial obligation pursuant to Section 5.5 5.6 [Additional Compensation in Certain Circumstances] than it would have been in the absence of such change. Notional funding offices may be selected by each Lender Bank without regard to such Lender’s Bank's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such LenderBank.

Appears in 2 contracts

Samples: Credit Agreement (Linc Net Inc), Credit Agreement (Corrpro Companies Inc /Oh/)

Notional Funding. Each Lender shall have the right from time to time, without notice to the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean 13.5 means 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 Lender) of such 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 Borrower to such other office), and as a result of such change, the Borrower would not be under any greater financial obligation pursuant to Section 5.5 [Additional Compensation in Certain Circumstances] 5.6 than it would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to such Lender’s actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Lender.

Appears in 2 contracts

Samples: Credit Agreement (Calgon Carbon Corporation), Credit Agreement (Calgon Carbon Corporation)

Notional Funding. Each Lender shall have the right from time to time, without notice to the BorrowerBorrowers, 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 Lender) of such 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 Borrower to such other office), and as a result of such change, the Borrower Borrowers would not be under any greater financial obligation pursuant to Section 5.5 [Additional Compensation in Certain Circumstances] 4.6 than it would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to such Lender’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Lender.

Appears in 2 contracts

Samples: Credit Agreement (Brady Corp), Credit Agreement (Brady Corp)

Notional Funding. Each Lender shall have the right from time to time, without notice to 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 Lender) of such 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 Borrower to such other office), and as a result of such change, the 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 it would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to such Lender’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Lender.

Appears in 2 contracts

Samples: Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp)

Notional Funding. Each Lender shall have the right from time to time, without notice to the Borrower, to deem any branch, 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 Lender) of such Lender 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 Borrower to such other office), and as a result of such change, the Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.06 [Additional Compensation in Certain Circumstances] than it would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to such Lender’s actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Lender.

Appears in 2 contracts

Samples: Credit Agreement (Too, Inc.), Credit Agreement (Tween Brands, Inc.)

Notional Funding. Each Lender shall have the right from time to time, without notice to 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 Lender) of such Lender 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 Borrower to such other office), and as a result of such change, the Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.6 [Additional Compensation in Certain Circumstances] than it would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to such Lender’s actual methods of making, maintaining or funding the Revolving Credit Loans or any sources of funding actually used by or available to such Lender.

Appears in 1 contract

Samples: Credit Agreement (CastleRock Security Holdings, Inc.)

Notional Funding. Each Lender Bank shall have the right from time to time, without notice to 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 LenderBank) of such Lender Bank to have made, maintained or funded any Loan to which the EuroLIBO-Rate Option applies at any time, provided PROVIDED that immediately following (on the assumption that a payment were then due from the Borrower to such other office), and as a result of such change, the Borrower would not be under any greater financial obligation (including pursuant to Section 5.5 4.6 [Additional Compensation in Certain Circumstances] ]) than it would have been in the absence of such change. Notional funding offices may be selected by each Lender Bank without regard to such Lender’s Bank's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such LenderBank.

Appears in 1 contract

Samples: Credit Agreement (Hovnanian Enterprises Inc)

Notional Funding. Each Lender shall have the right from time to time, without notice to the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 11.14 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 Lender) of such 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 Borrower to such other office), and as a result of such change, the Borrower would not be under any greater financial obligation pursuant to Section 5.5 2.12.4(ii) [Additional Compensation in Certain Circumstances] than it would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to such Lender’s actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Lender.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Koppers Holdings Inc.)

Notional Funding. Each Lender shall have the right from time to time, without notice to 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 Lender) of such Lender 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 Borrower to such other office), and as a result of such change, the Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.6 [Additional Compensation in Certain Circumstances] than it would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to such Lender’s actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Lender.

Appears in 1 contract

Samples: Credit Agreement (Covance Inc)

Notional Funding. Each Lender shall have the right from time to time, without notice to 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 Lender) of such Lender 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 Borrower to such other office), and as a result of such change, the Borrower would not be under any greater financial obligation (including pursuant to Section 5.5 4.6 [Additional Compensation in Certain Circumstances] ]) than it would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to such Lender’s actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Lender.

Appears in 1 contract

Samples: Credit Agreement (Hovnanian Enterprises Inc)

Notional Funding. Each Lender Bank shall have the right from time to time, without notice to 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 LenderBank) of such Lender 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 Borrower to such other office), and as a result of such change, the 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 it would have been in the absence of such change. Notional funding offices may be selected by each Lender Bank without regard to such LenderBank’s actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such LenderBank.

Appears in 1 contract

Samples: Credit Agreement (New Jersey Resources Corp)

Notional Funding. Each Lender shall have the right from time to time, without notice to the BorrowerBorrowers, 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 Lender) of such Lender 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 Borrower Borrowers to such other office), and as a result of such change, the Borrower Borrowers would not be under any greater financial obligation pursuant to Section 5.5 5.6 [Additional Compensation in Certain Circumstances] than it would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to such Lender’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Lender.

Appears in 1 contract

Samples: Credit Agreement (Newtech Corp)

Notional Funding. Each Lender Bank shall have the right from time to time, without notice to 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 LenderBank) of such Lender 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 Borrower to such other office), and as a result of such change, the Borrower would not be under any greater financial obligation pursuant to Section 5.5 [Additional Compensation in Certain Circumstances] than it would have been in the absence of such change. Notional funding offices may be selected by each Lender Bank without regard to such Lender’s Bank's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such LenderBank.

Appears in 1 contract

Samples: Credit Agreement (Covance Inc)

Notional Funding. Each Lender shall have the right from time to time, without notice to 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 Lender) of such 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 Borrower to such other office), and as a result of such change, the Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.5 [Additional Compensation in Certain Circumstances] than it would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to such Lender’s actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Lender.

Appears in 1 contract

Samples: Credit Agreement (Key Energy Services Inc)

Notional Funding. Each Lender shall have the right from time to time, without notice to the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 11.14 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 Lender) of such 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 Borrower to such other office), and as a result of such change, the Borrower would not be under any greater financial obligation pursuant to Section 5.5 2.12.4 [Additional Compensation in Certain Circumstances] than it would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to such Lender’s actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Lender.

Appears in 1 contract

Samples: Security Agreement (Koppers Holdings Inc.)

Notional Funding. Each Lender Bank shall have the right from time to time, without notice to 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 LenderBank) of such Lender 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 Borrower to such other office), and as a result of such change, the Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.06 [Additional Compensation in Certain Circumstances] than it would have been in the absence of such change. Notional funding offices may be selected by each Lender Bank without regard to such Lender’s Bank's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such LenderBank.

Appears in 1 contract

Samples: Credit Agreement (Ace LTD)

Notional Funding. Each Lender Bank shall have the right from time to time, without notice to 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 LenderBank) of such Lender 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 Borrower to such other office), and as a result of such change, the 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 it would have been in the absence of such change. Notional funding offices may be selected by each Lender Bank without regard to such Lender’s Bank's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such LenderBank.

Appears in 1 contract

Samples: Credit Agreement (New Jersey Resources Corp)

Notional Funding. Each Lender shall have the right from time to time, without notice to 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 Lender) of such Lender to have made, maintained or funded any Term 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 Borrower to such other office), and as a result of such change, the Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.6 [Additional Compensation in Certain Circumstances] than it would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to such Lender’s 's actual methods of making, maintaining or funding the Term Loans or any sources of funding actually used by or available to such Lender.

Appears in 1 contract

Samples: Credit Agreement (Mountain Coal Co LLC)

Notional Funding. Each Lender shall have the right from time to time, without notice to 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 Lender) of such Lender 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 Borrower to such other office), and as a result of such change, the Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.5 [Additional Compensation in Certain Circumstances] than it would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to such Lender’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Lender.

Appears in 1 contract

Samples: Credit Agreement (Key Energy Services Inc)

Notional Funding. Each Lender shall have the right from time to time, without notice to the BorrowerBorrowers, 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 Lender) of such Lender to have made, maintained or funded any Loan to which the Euro-Rate Option or EURIBOR Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrower Borrowers to such other office), and as a result of such change, the Borrower Borrowers would not be under any greater financial obligation pursuant to Section 5.5 [Additional Compensation in Certain Circumstances] 4.6 than it would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to such Lender’s actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Lender.. 140

Appears in 1 contract

Samples: Fourth Restatement Agreement (Glatfelter Corp)

Notional Funding. Each Lender shall have the right from time to time, without notice to the BorrowerBorrowers, 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 Lender) of such Lender to have made, maintained or funded any Loan to which the Term SOFR Rate Loan Option, Euro-Rate Option or EURIBOR Rate Option applies at any time, ,; provided that immediately following (on the assumption that a payment were then due from the Borrower Borrowers to such other office), and as a result of such change, the Borrower Borrowers would not be under any greater financial obligation pursuant to Section 5.5 [Additional Compensation in Certain Circumstances] 4.6 than it would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to such Lender’s actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Lender.. 172

Appears in 1 contract

Samples: Credit Agreement (Glatfelter Corp)

Notional Funding. Each Lender shall have the right from time to time, without notice to the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 shall mean 12.5 means 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 Lender) of such 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 Borrower to such other office), and as a result of such change, the Borrower would not be under any greater financial obligation pursuant to Section 5.5 [Additional Compensation in Certain Circumstances] 4.6 than it would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to such Lender’s actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Lender.

Appears in 1 contract

Samples: Credit Agreement (Calgon Carbon Corporation)

Notional Funding. Each Lender Bank shall have the right from time to time, without notice to the BorrowerBorrowers, 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 LenderBank) of such Lender 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 Borrower Borrowers to such other office), and as a result of such change, the Borrower Borrowers would not be under any greater financial obligation pursuant to Section 5.5 5.6 [Additional Compensation in Certain Circumstances] than it would have been in the absence of such change. Notional funding offices may be selected by each Lender Bank without regard to such Lender’s Bank's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such LenderBank.

Appears in 1 contract

Samples: Credit Agreement (Res Care Inc /Ky/)

Notional Funding. Each Lender Bank shall have the right from time to time, without notice to 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 LenderBank) of such Lender Bank to have made, maintained or funded any Term 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 Borrower to such other office), and as a result of such change, the Borrower would not be under any greater financial obligation (including pursuant to Section 5.5 [4.6 (Additional Compensation in Certain Circumstances] )) than it would have been in the absence of such change. Notional funding offices may be selected by each Lender Bank without regard to such Lender’s Bank's actual methods of making, maintaining or funding the Term Loans or any sources of funding actually used by or available to such LenderBank. 10.5.2.

Appears in 1 contract

Samples: Credit Agreement (Hovnanian Enterprises Inc)

Notional Funding. Each Lender shall have the right from time to time, without notice to 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 Lender) of such 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 Borrower to such other office), and as a result of such change, the Borrower would not be under any greater financial obligation pursuant to Section 5.5 Sections 4.4 [Euro-Rate Unascertainable], 5.4 [Voluntary Prepayments], or 5.7 [Additional Compensation in Certain Circumstances] than it would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to such Lender’s actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Lender.

Appears in 1 contract

Samples: Credit Agreement (Blair Corp)

AutoNDA by SimpleDocs

Notional Funding. Each Lender shall have the right from time to time, without notice to the BorrowerBorrowers, 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 Lender) of such Lender to have made, maintained or funded any Loan to which the Euro-Rate Option or EURIBOR Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrower Borrowers to such other office), and as a result of such change, the Borrower Borrowers would not be under any greater financial obligation pursuant to Section 5.5 [Additional Compensation in Certain Circumstances] 4.6 than it would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to such Lender’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Lender.

Appears in 1 contract

Samples: Credit Agreement (Glatfelter P H Co)

Notional Funding. Each Lender shall have the right from time to time, without notice to 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 Lender) of such Lender 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 Borrower to such other office), and as a result of such change, the Borrower would not be under any greater financial obligation pursuant to Section 5.5 5.6 [Additional Compensation in Certain Circumstances] than it would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to such Lender’s actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Lender.

Appears in 1 contract

Samples: Credit Agreement (Federated Investors Inc /Pa/)

Notional Funding. Each Lender shall have the right from time to time, without notice to 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 Lender) of such 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 Borrower to such other office), and as a result of such change, the Borrower would not be under any greater financial obligation pursuant to Section 5.5 5.6 [Additional Compensation in Certain Circumstances] than it would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to such Lender’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Lender.

Appears in 1 contract

Samples: Credit Agreement (Ii-Vi Inc)

Notional Funding. Each Lender shall have the right from time to time, without notice to the BorrowerBorrowers, to deem any branch, Subsidiary or 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 Lender) of such Lender to have made, maintained or funded any Loan in Dollars or in any Optional Currency 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 Borrower Borrowers to such other office), ) and as a result of such change, change the Borrower Borrowers would not be under any greater financial obligation pursuant to Section 5.5 [Additional Compensation in Certain Circumstances] Sections 3.03 or 4.06 than it they would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to such the Lender’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Lender.

Appears in 1 contract

Samples: Multicurrency Credit Agreement (Borders Group Inc)

Notional Funding. Each Lender shall have the right from time to time, without notice to the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 10.5 [Funding by Branch, Subsidiary or Affiliate] 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 Lender) of such 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 Borrower to such other office), and as a result of such change, the Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.6 [Additional Compensation in Certain Circumstances] than it would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to such Lender’s actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Lender.

Appears in 1 contract

Samples: Credit Agreement (Excelsior Lasalle Property Fund Inc)

Notional Funding. Each Lender Bank shall have the right from time to time, without notice to 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 LenderBank) of such Lender Bank to have made, maintained or funded any Loan to which the EuroLibor-Rate Option applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrower to such other office), and as a result of such change, the Borrower would not be under any greater financial obligation pursuant to Section 5.5 5.6 [Additional Compensation in Certain Circumstances] or for Additional Taxes than it would have been in the absence of such change. Notional funding offices may be selected by each Lender Bank without regard to such LenderBank’s actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such LenderBank.

Appears in 1 contract

Samples: Credit Agreement (Westmoreland Coal Co)

Notional Funding. Each Lender shall have the right from time to time, without notice to 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 Lender) of such Lender to have made, maintained or funded any Term 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 Borrower to such other office), and as a result of such change, the Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.5 [Additional Compensation in Certain Circumstances] than it would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to such Lender’s 's actual methods of making, maintaining or funding the Term Loans or any sources of funding actually used by or available to such Lender.

Appears in 1 contract

Samples: Note Pledge Agreement (Arch Coal Inc)

Notional Funding. Each Lender shall have the right from time to time, without notice to the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 11.14 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 Lender) of such 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 Borrower to such other office), and as a result of such change, the Borrower would not be under any greater financial obligation pursuant to Section 5.5 2.12.4(ii) [Additional Compensation in Certain Circumstances] than it would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to such Lender’s actual methods of making, 134 maintaining or funding the Loans or any sources of funding actually used by or available to such Lender.

Appears in 1 contract

Samples: Credit Agreement (Koppers Holdings Inc.)

Notional Funding. Each Lender shall have the right from time to time, without notice to the Borrower, to deem any branch, Subsidiary subsidiary or Affiliate (which for the purposes of this Section 11.5 10.4 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 Lender) of such Lender to have made, maintained or funded any portion of the 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 Borrower to such other office), and as a result of such change, the Borrower would not be under any greater financial obligation pursuant to Section 5.5 3.11 [Additional Compensation in Certain Circumstances] hereof than it would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to such Lender’s actual methods of making, maintaining or funding the Loans Loan or any sources of funding actually used by or available to such Lender.

Appears in 1 contract

Samples: Construction Loan Agreement (Forestar Group Inc.)

Notional Funding. Each Lender shall have the right from time to time, without notice to 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 Lender) of such 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 Borrower to such other office), and as a result of such change, the Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.6 [Additional Compensation in Certain Circumstances] than it would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to such Lender’s actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Lender.

Appears in 1 contract

Samples: Credit Agreement (Covance Inc)

Notional Funding. Each Lender shall have the right from time to time, without notice to the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 Error! Reference source not found. 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 Lender) of such 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 Borrower to such other office), and as a result of such change, the Borrower would not be under any greater financial obligation pursuant to Section 5.5 [Additional Compensation in Certain Circumstances] 5.6 or Section 5.8 than it would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to such Lender’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Lender.

Appears in 1 contract

Samples: Credit Agreement (New Jersey Resources Corp)

Notional Funding. Each The Lender shall have the right from time to time, without notice to 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 the Lender) of such the Lender 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 Borrower to such other office), and as a result of such change, the Borrower would not be under any greater financial obligation pursuant to Section 5.5 [Additional Compensation in Certain Circumstances] than it would have been in the absence of such change. Notional funding offices may be selected by each the Lender without regard to such the Lender’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Lender.

Appears in 1 contract

Samples: Credit Agreement (Grubb & Ellis Co)

Notional Funding. Each Lender shall have the right from time to time, without notice to the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 11.14 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 Lender) of such 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 Borrower to such other office), and as a result of such change, the Borrower would not be under any greater financial obligation pursuant to Section 5.5 2.12.4(ii) [Additional Compensation in Certain Circumstances] than it would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to such Lender’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Lender.

Appears in 1 contract

Samples: Credit Agreement (Koppers Holdings Inc.)

Notional Funding. Each Lender shall have the right from time to time, without notice to the Borrower, to deem any branch, Subsidiary subsidiary or Affiliate (which for the purposes of this Section 11.5 13.6 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 Lender) of such Lender to have made, maintained or funded any portion of the 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 Borrower to such other office), and as a result of such change, the Borrower would not be under any greater financial obligation pursuant to Section 5.5 [Additional Compensation in Certain Circumstances] 5.1 hereof than it would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to such the Lender’s actual methods of making, maintaining or funding its Pro Rata Share of the Loans Loan or any sources of funding actually used by or available to such Lender.

Appears in 1 contract

Samples: Loan Agreement (Equity One, Inc.)

Notional Funding. Each Lender shall have the right from time to time, without notice to the BorrowerBorrowers, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 12.05 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 Lender) of such Lender to have made, maintained or funded any Loan in Dollars or in any Optional Currency 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 Borrower Borrowers to such other office), ) and as a result of such change, change the Borrower Borrowers would not be under any greater financial obligation pursuant to Section 5.5 [Additional Compensation in Certain Circumstances] Sections 4.03 or 5.06 than it they would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to such the Lender’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Lender.

Appears in 1 contract

Samples: Credit Agreement (Borders Group Inc)

Notional Funding. Each Lender shall have the right from time to time, without notice to 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 Lender) of such Lender 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 Borrower to such other office), and as a result of such change, the 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 it would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to such Lender’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Lender.

Appears in 1 contract

Samples: Credit Agreement (New Jersey Resources Corp)

Notional Funding. Each Lender Bank shall have the right from time to time, without notice to 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 LenderBank) of such Lender 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 Borrower to such other office), and as a result of such change, the Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.5 [Additional Compensation in Certain Circumstances] than it would have been in the absence of such change. Notional funding offices may be selected by each Lender Bank without regard to such Lender’s Bank's actual methods of making, maintaining or funding the Revolving Credit Loans or any sources of funding actually used by or available to such LenderBank.

Appears in 1 contract

Samples: Credit Agreement (KPMG Consulting Inc)

Notional Funding. Each Lender shall have the right from time to time, without notice to the Borrower, to deem any branch, Subsidiary or Affiliate (which for the purposes of this Section 11.5 12.07 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 Lender) of such Lender 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 Borrower to such other office), ) and as a result of such change, change the Borrower would not be under any greater financial obligation pursuant to Section 5.5 [Additional Compensation in Certain Circumstances] 5.06 than it they would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to such the Lender’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Lender.

Appears in 1 contract

Samples: Credit Agreement (Borders Group Inc)

Notional Funding. Each Lender shall have the right from time to time, without notice to 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 Lender) of such 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 Borrower to such other office), and as a result of such change, the Borrower would not be under any greater financial obligation pursuant to Section 5.5 [Additional Compensation in Certain Circumstances] under this Agreement than it would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to such Lender’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Lender.

Appears in 1 contract

Samples: Credit Agreement (Consol Energy Inc)

Notional Funding. Each Lender shall have the right from time to time, without notice to the BorrowerBorrowers, 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 Lender) of such Lender to have made, maintained or funded any Revolving Credit Loan to which the Euro-Rate Option and/or any Term Loan applies at any time, provided that immediately following (on the assumption that a payment were then due from the Borrower Borrowers to such other office), and as a result of such change, the Borrower Borrowers would not be under any greater financial obligation pursuant to Section 5.5 [Additional Compensation in Certain Circumstances] 4.6 than it would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to such Lender’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Lender.

Appears in 1 contract

Samples: Credit Agreement (Glatfelter P H Co)

Notional Funding. Each Lender shall have the ---------------- right from time to time, without notice to the BorrowerBorrowers, to deem any branch, Subsidiary subsidiary or Affiliate affiliate (which for the purposes of this Section 11.5 10.17 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 Lender) of such Lender to have made, maintained or funded any Loan to which the Euro-Rate Option applies at any timein Dollars, provided that immediately following (on the assumption that a payment were then due from the Borrower Borrowers to such other office), ) and as a result of such change, change the Borrower Borrowers would not be under any greater financial obligation to such Lender hereunder, pursuant to Section 5.5 [Additional Compensation in Certain Circumstances] 2.03, 2.05, 2.06 or 2.07 hereof than it would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to such a Lender’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Lender.

Appears in 1 contract

Samples: Credit Agreement (Spectrum Control Inc)

Notional Funding. Each Lender shall have the right from time to time, without notice to the Borrower, to deem any branch, 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 Lender) of such Lender 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 Borrower to such other office), and as a result of such change, the Borrower would not be under any greater financial obligation pursuant to Section 5.5 4.06 [Additional Compensation in Certain Circumstances] than it would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to such Lender’s 's actual methods of making, maintaining or funding the Loans or any sources of funding actually used by or available to such Lender.

Appears in 1 contract

Samples: Credit Agreement (Too Inc)

Notional Funding. Each The Lender shall have the right from time to time, without notice to the Borrower, to deem any branch, Subsidiary subsidiary or Affiliate affiliate (which for the purposes of this Section 11.5 11.6 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 the Lender) of such the Lender to have made, maintained or funded any Loan to which portion of the Euro-Rate Option applies at any timeLoan, provided that immediately following (on the assumption that a payment were was then due from the Borrower to such other office), and as a result of such change, the Borrower would not be under any greater financial obligation pursuant to Section 5.5 [Additional Compensation in Certain Circumstances] 3.12 than it would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to such the Lender’s 's actual methods method of making, maintaining or funding the Loans Loan or any sources of funding actually used by or available to such the Lender.

Appears in 1 contract

Samples: Loan Agreement (Corporate Property Associates 17 - Global INC)

Time is Money Join Law Insider Premium to draft better contracts faster.