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 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 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 to such Lender hereunder, pursuant to Section 2.08, 2.10, 2.11 or 2.12 hereof than it would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to a 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 4 contracts
Samples: Revolving Credit and Letter of Credit Issuance Agreement (Pitt Des Moines Inc), Revolving Credit and Letter of Credit Issuance Agreement (Rti International Metals Inc), Revolving Credit and Letter of Credit Issuance Agreement (Rmi Titanium Co)
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 Affiliate (which for the purposes of this Section 10.17 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 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 change, the Borrower would not be under any greater financial obligation to such Lender hereunder, (including pursuant to Section 2.08, 2.10, 2.11 or 2.12 hereof 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 a such Lender'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 Lender.
Appears in 3 contracts
Samples: Revolving Credit Facility (Hovnanian Enterprises Inc), Revolving Credit Facility (Hovnanian Enterprises Inc), Revolving Credit Facility (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 Subsidiary or affiliate Affiliate (which for the purposes of this Section 10.17 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 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 change, the Borrower would not be under any greater financial obligation to such Lender hereunder, (including pursuant to Section 2.08, 2.10, 2.11 or 2.12 hereof 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 a 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: Revolving Credit Facility (Hovnanian Enterprises Inc)
Notional Funding. Each Lender shall have the right from time to time, without notice to the Borrower or the Co-Borrower, to deem any branch, subsidiary Subsidiary or affiliate Affiliate (which for the purposes of this Section 10.17 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 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 and the Co-Borrower to such other office) ), and as a result of such change change, the Borrower and the Co-Borrower would not be under any greater financial obligation to such Lender hereunder, pursuant to Section 2.08, 2.10, 2.11 or 2.12 hereof 5.6 than it they would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to a 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 (Rent Way 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 10.17 10.18 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 to such Lender hereunder, pursuant to Section 2.08, 2.10, 2.11 or 2.12 hereof than it would have been in the absence of such change. Notional funding offices may be selected by each Lender without regard to a 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: Revolving Credit and Letter of Credit Issuance Agreement (Carbide Graphite Group Inc /De/)