Pro Rata Borrowings. Each Borrowing of Loans under this Agreement shall be granted by the Lenders pro rata on the basis of their then-applicable Commitments. It is understood that no Lender shall be responsible for any default by any other Lender in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments hereunder.
Appears in 9 contracts
Samples: Credit Agreement (Intelsat LTD), Credit Agreement (Intelsat LTD), Credit Agreement (Intelsat LTD)
Pro Rata Borrowings. Each The Borrowing of Loans under this Agreement shall be granted made by the Lenders pro rata on the basis of their then-applicable Commitmentsrespective Commitment Percentages. It is understood that no Lender shall be responsible for any default by any other Lender in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments hereunder.
Appears in 8 contracts
Samples: Term Loan Credit Agreement (ITC Holdings Corp.), Term Loan Credit Agreement (ITC Holdings Corp.), Term Loan Credit Agreement (ITC Holdings Corp.)
Pro Rata Borrowings. Each Borrowing of Term Loans under this Agreement shall be granted by the Lenders pro rata on the basis of their then-applicable Term Loan Commitments. It is understood that no Lender shall be responsible for any default by any other Lender in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments hereunder.
Appears in 8 contracts
Samples: Credit Agreement (Tiga Acquisition Corp.), Credit Agreement (Tiga Acquisition Corp.), Credit Agreement (Tiga Acquisition Corp.)
Pro Rata Borrowings. Each Borrowing of Loans under this Agreement shall be granted by the Lenders pro rata on the basis of their then-then applicable Term Loan Commitments. It is understood that no No Lender shall be responsible for any default by any other Lender in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments hereunder.
Appears in 7 contracts
Samples: Possession Credit Agreement (Intelsat S.A.), 3 and Waiver (Intelsat S.A.), Credit Agreement (Intelsat S.A.)
Pro Rata Borrowings. Each Borrowing All Borrowings of Revolving Loans under this Agreement shall be granted by incurred from the Lenders pro rata on the basis of their then-applicable Revolving Loan Commitments. It is understood that no Lender shall be responsible for any default by any other Lender in of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill make its commitments Loans hereunder.
Appears in 7 contracts
Samples: Credit Agreement (Pyxus International, Inc.), Abl Credit Agreement (Pyxus International, Inc.), Exit Abl Credit Agreement (Pyxus International, Inc.)
Pro Rata Borrowings. Each Borrowing of Revolving Credit Loans under this Agreement shall be granted by the Lenders pro rata on the basis of their then-applicable CommitmentsApplicable Percentages. It is understood that no Lender shall be responsible for any default by any other Lender in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments hereunder.
Appears in 7 contracts
Samples: Credit Agreement (Sealy Corp), Credit Agreement (Railamerica Inc /De), Credit Agreement (Sealy Corp)
Pro Rata Borrowings. Each Borrowing All Borrowings of Revolving Loans (including Mandatory Borrowings) under this Agreement shall be granted by incurred from the Lenders pro rata on the basis of their then-applicable Commitments. It is understood that no Lender shall be responsible for any default by any other Lender in of its obligation to make Revolving Loans hereunder and that each Lender shall be obligated to make the Revolving Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill make its commitments Revolving Loans hereunder.
Appears in 7 contracts
Samples: Credit Agreement (Flowers Foods Inc), Credit Agreement (Flowers Foods Inc), Credit Agreement (Flowers Foods Inc)
Pro Rata Borrowings. Each The Loans comprising each Borrowing of Loans under this Agreement shall be granted made by the Lenders simultaneously and each Lender’s Loan shall be equal to such Lender’s pro rata on the basis Share of their then-applicable Commitmentssuch Borrowing. It is understood that no Lender shall be responsible for any default by any other Lender in its obligation to make Loans a Loan hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunderhereunder subject to the terms hereof, regardless of the failure of any other Lender to fulfill its commitments commitment to make Loans hereunder.
Appears in 6 contracts
Samples: Credit Agreement (Textron Inc), Credit Agreement (Textron Inc), Credit Agreement (Textron Inc)
Pro Rata Borrowings. Each Borrowing The Borrowings of Loans of any Class under this Agreement shall be granted by incurred from the Lenders pro rata on the basis of their then-applicable CommitmentsCommitments in respect of such Class. It is understood that no Lender shall be responsible for any default by any other Lender in of its obligation to make Loans a Loan hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill make its commitments Loans hereunder.
Appears in 6 contracts
Samples: Assignment and Assumption Agreement (Dynagas LNG Partners LP), Credit Agreement (Seadrill Partners LLC), Credit Agreement (Seadrill Partners LLC)
Pro Rata Borrowings. Each Borrowing Borrowings of Loans under this Agreement shall be granted loaned by the applicable Lenders pro rata on the basis of their then-applicable Commitments. It is understood that no No Lender shall be responsible for any default by any other Lender in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments Commitments hereunder.
Appears in 5 contracts
Samples: Credit Agreement (Ball Corp), Credit Agreement (Ball Corp), Credit Agreement (Ball Corp)
Pro Rata Borrowings. Each Borrowing All Borrowings of Revolving Loans under this Agreement shall be granted made by the Lenders pro rata on the basis of their then-applicable Revolving Commitments. It is understood that the obligations of the Lenders hereunder are several (and not joint), that no Lender shall be responsible for any default by any other Lender in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments hereunder.
Appears in 5 contracts
Samples: Credit Agreement (Air Transport Services Group, Inc.), Credit Agreement (Air Transport Services Group, Inc.), Credit Agreement (Air Transport Services Group, Inc.)
Pro Rata Borrowings. Each Borrowing of Term Loans or Revolving Credit Loans under this Agreement shall be granted by the Lenders pro rata on the basis of their then-applicable Commitments. It is understood that no Lender shall be responsible for any default by any other Lender in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments hereunder.
Appears in 5 contracts
Samples: Credit Agreement (Bristol West Holdings Inc), Credit Agreement (Randalls Food Markets Inc), Credit Agreement (Kindercare Learning Centers Inc /De)
Pro Rata Borrowings. Each Borrowing of All Loans under this Agreement shall be granted made by the Lenders Banks pro rata on the basis of their then-applicable Commitments. It is understood that no Lender Bank shall be responsible for any default by any other Lender Bank in its obligation to make Loans hereunder and that each Lender Bank shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender Bank to fulfill its commitments hereunder.
Appears in 5 contracts
Samples: Credit Agreement (Diamond Offshore Drilling Inc), Credit Agreement (R&b Falcon Corp), Credit Agreement (Global Marine Inc)
Pro Rata Borrowings. Each Borrowing All Borrowings of Revolving Loans under this Agreement shall be granted by incurred from the Lenders pro rata on the basis of their then-applicable Revolving Loan Commitments; provided, that all Mandatory Borrowings shall be incurred from the Lenders pro rata on the basis of their RL Percentages. It is understood that no Lender shall be responsible for any default by any other Lender in of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill make its commitments Loans hereunder.
Appears in 4 contracts
Samples: Abl Credit Agreement (J.Jill, Inc.), Schedules (J.Jill, Inc.), Abl Credit Agreement and Waiver (J.Jill, Inc.)
Pro Rata Borrowings. Each Borrowing All Borrowings of Loans under this Agreement shall be granted by incurred from the Lenders pro rata on the basis of their then-applicable Revolving Loan Commitments. It is understood that no Lender shall be responsible for any default by any other Lender in of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill make its commitments Loans hereunder.
Appears in 4 contracts
Samples: Credit Agreement (Trico Marine Services Inc), Credit Agreement (Trico Marine Services Inc), Credit Agreement (Trico Marine Services Inc)
Pro Rata Borrowings. Each Borrowing All Borrowings of Revolving Loans under this Agreement shall be granted by incurred from the Lenders pro rata on the basis of their then-applicable Revolving Loan Commitments; provided, that, all Mandatory Borrowings shall be incurred from the Lenders pro rata on the basis of their RL Percentages. It is understood that no Lender shall be responsible for any default by any other Lender in of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill make its commitments Loans hereunder.
Appears in 4 contracts
Samples: Credit Agreement (CVR Refining, LP), Credit Agreement (CVR Partners, Lp), Credit Agreement (CVR Energy Inc)
Pro Rata Borrowings. Each Borrowing All Borrowings of Loans under this Agreement shall be granted loaned by the Lenders pro rata on the basis of their then-applicable Term Commitments. It is understood that no No Lender shall be responsible for any default by any other Lender in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments Term Commitments hereunder.
Appears in 4 contracts
Samples: Security Agreement (Texas Petrochemicals Inc.), Term Loan Agreement (Texas Petrochemicals Inc.), Term Loan Agreement (Texas Petrochemicals Inc.)
Pro Rata Borrowings. Each Borrowing of Revolving Credit Loans under this Agreement shall be granted by the Lenders pro rata on the basis of their then-applicable Revolving Credit Commitments. It is understood that no Lender shall be responsible for any default by any other Lender in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments hereunder.
Appears in 4 contracts
Samples: Lease Agreement (Goodman Global Group, Inc.), Revolving Credit Agreement (Goodman Sales CO), Revolving Credit Agreement (Kindercare Learning Centers Inc /De)
Pro Rata Borrowings. Each Borrowing of Loans under this Agreement shall be granted by the Lenders pro rata on the basis of their then-applicable Pro Rata Share of the Commitments. It is understood that no Lender shall be responsible for any default by any other Lender in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Teligent, Inc.), First Lien Credit Agreement (Teligent, Inc.), Lien Revolving Credit Agreement (Teligent, Inc.)
Pro Rata Borrowings. Each Borrowing of All Loans made under this Agreement shall be granted by incurred from the Lenders Banks pro rata on the basis of their then-applicable Commitments. It is understood that no Lender Bank shall be responsible for any default by any other Lender in Bank of its obligation to make Loans hereunder and that each Lender Bank shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender Bank to fulfill make its commitments Loans hereunder.
Appears in 3 contracts
Samples: Term Loan Agreement (Sullivan Graphics Inc), Agreement (Acg Holdings Inc), Term Loan Agreement (Alpine Group Inc /De/)
Pro Rata Borrowings. Each Borrowing Borrowings of Loans under this Agreement shall be granted loaned by the applicable Lenders pro rata on the basis of their then-applicable CommitmentsCommitments under the applicable Facility. It is understood that no No Lender shall be responsible for any default by any other Lender in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments Commitments hereunder.
Appears in 3 contracts
Samples: Credit Agreement and Syndicated Facility Agreement (Owens-Illinois Group Inc), Assignment and Assumption Agreement (Owens-Illinois Group Inc), Intercreditor Agreement (Owens-Illinois Group Inc)
Pro Rata Borrowings. Each Borrowing All Borrowings of Revolving Loans under this Agreement shall be granted by incurred from the Lenders pro rata on the basis of their then-applicable Commitments. It is understood that no Lender shall be responsible for any default by any other Lender in of its obligation to make Revolving Loans hereunder and that each Lender shall be obligated to make the Revolving Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill make its commitments Revolving Loans hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Furniture Brands International Inc), Credit Agreement (Furniture Brands International Inc), Credit Agreement (Compuware Corporation)
Pro Rata Borrowings. Each Borrowing of Loans under this Agreement shall be granted made by the Lenders pro rata on the basis of their then-applicable Commitmentsrespective Commitment Percentages. It is understood that no Lender shall be responsible for any default by any other Lender in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments hereunder.
Appears in 3 contracts
Samples: Term Loan Credit Agreement (ITC Holdings Corp.), Term Loan Credit Agreement (ITC Holdings Corp.), Term Loan Credit Agreement (ITC Holdings Corp.)
Pro Rata Borrowings. Each Borrowing All Borrowings of New Loans under this Agreement shall be granted by incurred from the Lenders pro rata on the basis of their then-applicable CommitmentsCommitments in respect of New Loans. It is understood that no Lender shall be responsible for any default by any other Lender in of its obligation to make New Loans hereunder and that each Lender shall be obligated to make the New Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments hereunder.
Appears in 3 contracts
Samples: Execution Version (Omnova Solutions Inc), Term Loan Credit Agreement (Omnova Solutions Inc), Term Loan Credit Agreement (Omnova Solutions Inc)
Pro Rata Borrowings. Each Borrowing All Borrowings of Revolving Loans under this Agreement shall be granted made by the Lenders pro rata on the basis of their then-applicable Revolving Loan Commitments. It is understood that no Lender shall be responsible for any default by any other Lender in of its obligation to make Revolving Loans hereunder and that each Lender shall be obligated to make the Revolving Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments hereunder.
Appears in 3 contracts
Samples: Secured Revolving Credit Agreement (Di Industries Inc), Reducing Revolving Credit Agreement (Di Industries Inc), Loan Agreement (Grey Wolf Inc)
Pro Rata Borrowings. Each Borrowing Except as expressly provided in Section 2A.9(e), Borrowings of Loans under this Agreement shall be granted loaned by the applicable Lenders pro rata on the basis of their then-applicable Commitments. It is understood that no No Lender shall be responsible for any default by any other Lender in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments Commitments hereunder.. ARTICLE IIA
Appears in 3 contracts
Samples: Pledge Agreement (Crown Holdings Inc), Credit Agreement (Crown Holdings Inc), Credit Agreement (Ball Corp)
Pro Rata Borrowings. Each Borrowing of All Loans under this Agreement shall be granted made by the Lenders pro rata on the basis of their then-applicable Commitments. It is understood that no Lender shall be responsible for any default by any other Lender in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Noble Corp), Credit Agreement (Noble Corp), Credit Agreement (Noble Drilling Corp)
Pro Rata Borrowings. Each Borrowing All Borrowings of Loans under this Agreement shall be granted by incurred from the Lenders pro rata on the basis of their then-applicable Commitments. The obligations of the Lender hereunder to make Loans and to make payments pursuant to Section 10.06 are several and not joint. It is understood that no Lender shall be responsible for any default by any other Lender in of its obligation to make Loans or make any payment under Section 10.06 hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, hereunder regardless of the failure of any other Lender to fulfill make its commitments Loans and payments hereunder.
Appears in 3 contracts
Samples: Credit Agreement, Global Assignment Agreement (Gener8 Maritime, Inc.), Global Assignment Agreement (Gener8 Maritime, Inc.)
Pro Rata Borrowings. Each Borrowing of Loans All Borrowings under this Agreement shall be granted loaned by the Lenders Banks pro rata on the basis of their then-applicable A Term Loan Commitments, B Term Loan Commitments or Revolving Loan Commitments, as the case may be. It is understood that no Lender No Bank shall be responsible for any default by any other Lender Bank in its obligation to make Loans hereunder and that each Lender Bank shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender Bank to fulfill its commitments hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Styling Technology Corp), Securities Pledge Agreement (Carson Inc), Securities Pledge Agreement (Carson Inc)
Pro Rata Borrowings. Each Borrowing All Borrowings of Initial Loans under this Agreement shall be granted by incurred from the Lenders pro rata on the basis of their then-applicable Commitments. It is understood that no Lender shall be responsible for any default by any other Lender in of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill make its commitments Loans hereunder.
Appears in 2 contracts
Samples: Agreement Acknowledging Bridge Loan Agreement (CF Industries Holdings, Inc.), Bridge Loan Agreement (CF Industries Holdings, Inc.)
Pro Rata Borrowings. Each Borrowing All Borrowings of Revolving Loans under this Agreement shall be granted loaned by the Lenders pro rata on the basis of their then-applicable Revolving Commitments. It is understood that no No Lender shall be responsible for any default by any other Lender in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments Revolving Commitment or make Revolving Loans hereunder.
Appears in 2 contracts
Samples: Credit Agreement (BMC Industries Inc/Mn/), And Restatement Agreement (BMC Industries Inc/Mn/)
Pro Rata Borrowings. Each Borrowing of Term Loans under this Agreement shall be granted made by the Lenders pro rata on the basis of their then-applicable Term Loan Commitments. It is understood that no Lender shall be responsible for any default by any other Lender in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments hereunder.
Appears in 2 contracts
Samples: Second Lien Credit Agreement (RTI Surgical Holdings, Inc.), Assignment and Assumption (RTI Surgical Holdings, Inc.)
Pro Rata Borrowings. Each Borrowing All Borrowings of Term Loans and Revolving Loans under this Agreement shall be granted made by the Lenders pro rata on the basis of their then-applicable Term Commitments or Revolving Commitments, respectively. It is understood that no Lender shall be responsible for any default by any other Lender in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Pike Electric CORP), Credit Agreement (Pike Holdings, Inc.)
Pro Rata Borrowings. Each Borrowing of Loans The Loan made under this Agreement shall be granted made by the Lenders pro rata on the basis of their then-applicable respective Loan Commitments. It is understood that no Lender shall be responsible for any default by any other Lender in of its obligation to make Loans its portion of the Loan hereunder and that each Lender shall be obligated to make its portion of the Loans provided to be made by it Loan hereunder, regardless of the failure of any other Lender to fulfill its commitments hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Wellman Inc), Credit Agreement (Wellman Inc)
Pro Rata Borrowings. Each Borrowing Except as expressly provided in Section 2A.9(e), Borrowings of Loans under this Agreement shall be granted loaned by the applicable Lenders pro rata on the basis of their then-applicable Facility Commitments. It is understood that no No Lender shall be responsible for any default by any other Lender in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments Commitments hereunder.. ARTICLE IIA
Appears in 2 contracts
Samples: Credit Agreement (Crown Holdings Inc), Credit Agreement (Crown Holdings Inc)
Pro Rata Borrowings. Each Borrowing of All Loans under this Agreement shall be granted made by the Lenders pro rata on the basis of their then-applicable Commitments. It is understood that no No Lender shall be responsible for any default by any other Lender in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunderpursuant to its respective Commitments, regardless of the failure of any other Lender to fulfill its commitments hereunder.
Appears in 2 contracts
Samples: Loan Agreement (Starwood Hotel & Resorts Worldwide Inc), Loan Agreement (Starwood Hotel & Resorts Worldwide Inc)
Pro Rata Borrowings. Each Borrowing of All Loans under this Agreement shall be granted made by the Lenders pro rata on the basis of their then-applicable Term Commitments or Revolving Commitments, as the case may be. It is understood that no Lender shall be responsible for any default by any other Lender in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments hereunder.
Appears in 2 contracts
Samples: Credit Agreement (National Tobacco Co Lp), Credit Agreement (National Tobacco Co Lp)
Pro Rata Borrowings. Each Borrowing of Loans All Borrowings under this Agreement shall be granted loaned by the Lenders Banks pro rata on the basis of their then-applicable Revolving Loan Commitments. It is understood that no Lender No Bank shall be responsible for any default by any other Lender Bank in its obligation to make Loans hereunder and that each Lender Bank shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender Bank to fulfill its commitments hereunder.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Urohealth Systems Inc), Credit Agreement (Wells Aluminum Corp)
Pro Rata Borrowings. Each Borrowing All Borrowings of Revolving Loans under this Agreement shall be granted by incurred from the Lenders pro rata on the basis of their then-applicable Commitments; provided that all Mandatory Borrowings shall be incurred from the Lenders pro rata on the basis of their Percentages. It is understood that no Lender shall be responsible for any default by any other Lender in of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill make its commitments Loans hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Overseas Shipholding Group Inc), Credit Agreement (Overseas Shipholding Group Inc)
Pro Rata Borrowings. Each Borrowing Except as provided in Section 15, all Borrowings of Loans under this Agreement shall be granted by incurred from the Lenders pro rata on the basis of their then-applicable Commitments. It is understood that no Lender shall be responsible for any default by any other Lender in of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill make its commitments Loans hereunder.
Appears in 2 contracts
Samples: Facility Agreement (Toys R Us Inc), Syndicated Facility Agreement (Toys R Us Inc)
Pro Rata Borrowings. Each Borrowing Borrowings of Loans under this Agreement shall be granted loaned by the applicable Lenders pro rata on the basis of their then-applicable Facility Commitments. It is understood that no No Lender shall be responsible for any default by any other Lender in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments Commitments hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Owens-Illinois Group Inc), Credit Agreement (Owens-Illinois Group Inc)
Pro Rata Borrowings. Each Borrowing of The Term Loans under this Loan Agreement shall be granted made by the Lenders pro rata on the basis of their then-applicable Term Loan Commitments. It is understood that no No Lender shall be responsible for any default by any other Lender in its obligation to make Loans hereunder hereunder, and that each Lender shall be obligated to make the Loans Loans, as applicable, provided to be made by it hereunder, hereunder regardless of the failure of any other Lender to fulfill its commitments hereunder.
Appears in 2 contracts
Samples: Loan Agreement (Mimedx Group, Inc.), Loan Agreement (Mimedx Group, Inc.)
Pro Rata Borrowings. Each Borrowing of Loans under this Agreement shall be granted by incurred from the Lenders pro rata on the basis of their then-applicable Commitments. It is understood that no Lender shall be responsible for any default by any other Lender in of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill make its commitments Loans hereunder.
Appears in 2 contracts
Samples: Pledge Agreement (Centerpoint Energy Inc), Credit Agreement (Centerpoint Energy Inc)
Pro Rata Borrowings. Each Borrowing of Loans All Borrowings under this Agreement shall be granted by incurred from the Lenders pro rata on the basis of their then-applicable respective Commitments. It is understood that no Lender shall be responsible for any default by any other Lender in of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill make its commitments Loans hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Magellan Health Inc), Credit Agreement (Magellan Health Inc)
Pro Rata Borrowings. Each Borrowing All Borrowings of Loans under this Agreement shall be granted by incurred from the Lenders pro rata on the basis of their then-Commitments in respect of the applicable CommitmentsClass. It is understood that no Lender shall be responsible for any default by any other Lender in of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill make its commitments Loans hereunder.
Appears in 2 contracts
Samples: Intercreditor Agreement (AdvancePierre Foods Holdings, Inc.), Term Loan Credit Agreement (AdvancePierre Foods Holdings, Inc.)
Pro Rata Borrowings. Each Borrowing All Borrowings of Term Loans and Revolving Loans under this Agreement shall be granted made by the Lenders pro rata on the basis of their then-applicable Term Commitments or Revolving Commitments, respectively. It is understood that the obligations of the Lenders hereunder are several (and not joint), that no Lender shall be responsible for any default by any other Lender in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Air Transport Services Group, Inc.), Credit Agreement (ABX Holdings, Inc.)
Pro Rata Borrowings. Each Borrowing All Borrowings of any Loans under this Agreement shall be granted by incurred from the Lenders pro rata on the basis of their then-applicable Term Loan Commitments. It is understood that no Lender shall be responsible for any default by any other Lender in of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill make its commitments Loans hereunder.
Appears in 2 contracts
Samples: Credit and Guarantee Agreement (Alden Global Capital LLC), Credit and Guarantee Agreement (Alden Global Capital LLC)
Pro Rata Borrowings. Each Borrowing of All Borrowings Loans under this Agreement shall be granted by incurred from the Lenders pro rata on the basis of their then-applicable Commitments. It is understood that no Lender shall be responsible for any default by any other Lender in of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill make its commitments Loans hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Scorpio Bulkers Inc.), Credit Agreement (Scorpio Bulkers Inc.)
Pro Rata Borrowings. Each Borrowing All Borrowings of Revolving Loans under this Agreement shall be granted loaned by the Lenders pro rata on the basis of their then-applicable Revolving Commitments. It is understood that no No Lender shall be responsible for any default by any other Lender in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments Commitments hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Glatfelter P H Co), Credit Agreement (Glatfelter P H Co)
Pro Rata Borrowings. Each Borrowing All Borrowings of Loans under this Agreement shall be granted by incurred from the Lenders pro rata on the basis of their then-applicable Commitmentsrespective Percentages. It is understood that no Lender shall be responsible for any default by any other Lender in of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill make its commitments Loans hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Atwood Oceanics Inc), Credit Agreement (Atwood Oceanics Inc)
Pro Rata Borrowings. Each Borrowing All Borrowings of Revolving Loans under this Agreement shall be granted by incurred from the Lenders pro rata on the basis of their then-applicable Revolving Loan Commitments; provided that all Mandatory Borrowings shall be incurred from the Revolving Lenders pro rata on the basis of their Revolving Percentages. It is understood that no Lender shall be responsible for any default by any other Lender in of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill make its commitments Loans hereunder.
Appears in 2 contracts
Samples: Credit Agreement (PPL Energy Supply LLC), Credit Agreement (Talen Energy Holdings, Inc.)
Pro Rata Borrowings. Each Borrowing All Borrowings of Revolving Loans under this Agreement shall be granted by incurred from the Lenders pro rata on the basis of their then-applicable Revolving Loan Commitments; provided, that, all Mandatory Borrowings shall be incurred from the Lenders pro rata on the basis of their RL Percentages. It is understood that no Lender shall be responsible for any default by any other Lender in of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill make its commitments Loans hereunder.. 2.08
Appears in 2 contracts
Samples: Credit Agreement (CVR Energy Inc), Abl Credit Agreement (CVR Partners, Lp)
Pro Rata Borrowings. Each Borrowing All Borrowings of Loans under this Agreement shall be granted by incurred from the Lenders pro rata on the basis of their then-applicable CommitmentsCommitments in respect of Loans. It is understood that no Lender shall be responsible for any default by any other Lender in of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments hereunder.
Appears in 2 contracts
Samples: Loan Credit Agreement (Omnova Solutions Inc), Term Loan Credit Agreement (Omnova Solutions Inc)
Pro Rata Borrowings. Each Borrowing All Borrowings of Loans under this Agreement shall be granted by incurred from the Lenders pro rata on the basis of their then-applicable Commitments. It is understood that no Lender shall be responsible for any default by any other Lender in of its obligation to make Loans its Loan hereunder and that each Lender shall be obligated to make the Loans Loan provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill make its commitments Loan hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Trizec Properties Inc), Credit Agreement (Acme Metals Inc /De/)
Pro Rata Borrowings. Each Borrowing of Loans All Borrowings under this Agreement (other than Swingline Loans) shall be granted by incurred from the Lenders pro rata on the basis of their then-applicable respective Commitments, provided that all Mandatory Borrowings shall be incurred from the RL Lenders pro rata on the basis of their RL Percentages. It is understood that no Lender shall be responsible for any default by any other Lender in of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill make its commitments Loans hereunder.
Appears in 2 contracts
Samples: Credit Agreement (RCN Corp /De/), Credit Agreement (RCN Corp /De/)
Pro Rata Borrowings. Each Borrowing All Borrowings of Revolving Loans under this Agreement shall be granted by incurred from the Lenders pro rata on the basis of their then-applicable Revolving Commitments. It is understood that no Lender shall be responsible for any default by any other Lender in of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill make its commitments Loans hereunder.
Appears in 1 contract
Pro Rata Borrowings. Each Borrowing All Borrowings of Loans under this Agreement shall be granted by the incurred from Lenders pro rata on the basis of their then-applicable Commitments. It is understood that no Lender shall be responsible for any default by any other Lender in of its obligation to make Loans its Loan hereunder and that each Lender shall be obligated to make the Loans Loan provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill make its commitments Loan hereunder.
Appears in 1 contract
Samples: Credit Agreement (Toys R Us Inc)
Pro Rata Borrowings. Each Borrowing All Borrowings of Loans under this Agreement shall be granted loaned by the Lenders Banks pro rata on the basis of their then-applicable respective Commitments. It is understood that no Lender Bank shall be responsible for any default by any other Lender Bank in its obligation to make Loans or Competitive Bid Loans hereunder and that each Lender Bank shall be obligated to make the Loans and Competitive Bid Loans provided to be made by it hereunder, regardless of the failure of any other Lender Bank to fulfill its commitments hereunder.
Appears in 1 contract
Pro Rata Borrowings. Each Borrowing of Term Loans or Revolving Credit Loans under this Agreement shall be granted loaned by the Lenders pro rata on the basis of their then-applicable Commitments. It is understood that no Lender shall be responsible for any default by any other Lender in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments hereunder.
Appears in 1 contract
Samples: Credit Agreement (Brunos Inc)
Pro Rata Borrowings. Each Borrowing of Revolving Credit Loans under this Agreement shall be granted made by the Lenders pro rata on the basis of their then-applicable CommitmentsApplicable Percentages. It is understood that no Lender shall be responsible for any default by any other Lender in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments hereunder.
Appears in 1 contract
Samples: Credit Agreement (Accellent Inc)
Pro Rata Borrowings. Each Borrowing of The Loans made under this Agreement shall be granted made by the Lenders pro rata on the basis of their then-applicable respective Commitments. It is understood that no Lender shall be responsible for any default by any other Lender in of its obligation to make Loans its portion of any Loan hereunder and that each Lender shall be obligated to make the Loans provided to be made by it its portion of any Loan hereunder, regardless of the failure of any other Lender to fulfill its commitments hereunder.
Appears in 1 contract
Pro Rata Borrowings. Each Borrowing of Loans All Borrowings under this Agreement shall be granted loaned by the Lenders Banks pro rata on the basis of their then-applicable Term Loan Commitments or Revolving Loan Commitments, as the case may be. It is understood that no Lender No Bank shall be responsible for any default by any other Lender Bank in its obligation to make Loans hereunder and that each Lender Bank shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender Bank to fulfill its commitments hereunder.
Appears in 1 contract
Pro Rata Borrowings. Each Borrowing All Borrowings of Loans under this Agreement shall be granted by incurred from the Lenders pro rata on the basis of their then-applicable Available Commitments. It is understood that no Lender shall be responsible for any default by any other Lender in of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill make its commitments Loans hereunder.
Appears in 1 contract
Pro Rata Borrowings. Each Borrowing All Borrowings of Tender Offer Loans, Term Loans and Revolving Credit Loans under this Agreement shall be granted loaned by the Lenders pro rata on the basis of their then-applicable Commitments, as the case may be. It is understood that no Lender shall be responsible for any default by any other Lender in its obligation to make Loans hereunder hereunder, and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments hereunder.
Appears in 1 contract
Samples: Credit Agreement (Tefron LTD)
Pro Rata Borrowings. Each Borrowing borrowing of Term Loans under this Loan Agreement shall be granted by the Lenders Lenders, pro rata on the basis of their then-applicable Term Loan Commitments. It is understood that no No Lender shall be responsible for any default by any other Lender in its obligation to make Term Loans hereunder hereunder, and that each Lender shall be obligated to make the Loans provided Term Loans, as applicable, committed to be made by it hereunder, hereunder regardless of the failure of any other Lender to fulfill its commitments hereunder.
Appears in 1 contract
Pro Rata Borrowings. Each Borrowing of Loans All Borrowings under this Agreement shall be granted loaned by the Lenders Banks pro rata on the basis of their then-applicable Loan Commitments. It is understood that no Lender No Bank shall be responsible for any default by any other Lender Bank in its obligation to make Loans hereunder and that each Lender Bank shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender Bank to fulfill its commitments hereunder.
Appears in 1 contract
Samples: Securities Pledge Agreement (American Telecasting Inc/De/)
Pro Rata Borrowings. Each Borrowing of Loans All Borrowings under this Agreement shall be granted by incurred from the Lenders pro rata on the basis of their then-applicable respective Commitments. It is understood that no Lender shall be responsible for any default by any other Lender in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments hereunder.
Appears in 1 contract
Pro Rata Borrowings. Each Borrowing All Borrowings of Loans under this Agreement shall be granted by incurred from the Lenders pro rata on the basis of their then-applicable Commitmentseach Lender’s Loan Commitment unless otherwise approved by the Administrative Agent. It is understood that no Lender shall be responsible for any default by any other Lender in of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill make its commitments Loans hereunder.
Appears in 1 contract
Pro Rata Borrowings. Each Borrowing All Borrowings of Loans under this Agreement shall be granted by incurred from the Lenders pro rata on the basis of their then-applicable CommitmentsCommitments in respect of such Loans. It is understood that no Lender shall be responsible for any default by any other Lender in of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill make its commitments Loans hereunder.
Appears in 1 contract
Pro Rata Borrowings. Each Borrowing All Borrowings of Loans under this Agreement shall be granted by incurred from the Lenders pro rata on the basis of their then-applicable Commitments. It is understood that no Lender shall be responsible for any default by any other Lender in of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments hereunder.
Appears in 1 contract
Pro Rata Borrowings. Each Borrowing All Borrowings of Term Loans and Revolving Loans under this Agreement shall be granted loaned by the Lenders pro rata on the basis of their then-applicable Term Commitments or Revolving Commitments, as the case may be. It is understood that no No Lender shall be responsible for any default by any other Lender in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments Commitments hereunder.
Appears in 1 contract
Pro Rata Borrowings. Each Borrowing of Revolving Credit Loans -------------------- under this Agreement shall be granted by the Lenders pro rata on the basis of --- ---- their then-then- applicable Revolving Credit Commitments. It is understood that no Lender shall be responsible for any default by any other Lender in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments hereunder.
Appears in 1 contract
Samples: Credit Agreement (Borden Chemicals & Plastics Limited Partnership /De/)
Pro Rata Borrowings. Each Borrowing All Borrowings of Loans under this Agreement shall be granted by incurred from the Lenders pro rata on the basis of their then-applicable Commitments, as the case may be. It is understood that no Lender shall be responsible for any default by any other Lender in of its obligation to make its pro rata portion of the Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill make its commitments Loans hereunder.
Appears in 1 contract
Pro Rata Borrowings. Each Borrowing of A Term Loans, B Term Loans or Revolving Credit Loans under this Agreement shall be granted by the Lenders pro rata on the basis of their then-applicable Commitments. It is understood that no Lender shall be responsible for any default by any other Lender in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments hereunder.
Appears in 1 contract
Pro Rata Borrowings. Each Borrowing The borrowing of Loans under this Agreement shall be granted by the Lenders pro rata on the basis basis, and in the amount, of 99.00% of their then-applicable respective Commitments. It is understood that no Lender shall be responsible for any default by any other Lender in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments hereunder.
Appears in 1 contract
Samples: Credit Agreement (Verso Paper Corp.)
Pro Rata Borrowings. Each Borrowing of The Loans made under this Agreement shall be granted made by the Lenders pro rata on the basis of their then-applicable respective Commitments. It is understood that no Lender shall be responsible for any default by any other Lender in of its obligation to make its portion of the Loans hereunder and that each Lender shall be obligated to make its portion of the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments hereunder.
Appears in 1 contract
Pro Rata Borrowings. Each Borrowing Except as expressly provided in Section 2A.9(e), Borrowings of Loans under this Agreement shall be granted loaned by the applicable Lenders pro rata on the basis of their then-applicable Commitments. It is understood that no No Lender shall be responsible for any default by any other Lender in its obligation to make Loans hereunder and that each Lender shall be obligated to make the CHI:1587990.13 Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments Commitments hereunder.. ARTICLE IIA
Appears in 1 contract
Samples: Credit Agreement (Ball Corp)
Pro Rata Borrowings. Each The Borrowing of Loans under this Agreement shall be granted by incurred from the Lenders pro rata on the basis of their then-applicable Commitments. The obligations of the Lenders hereunder to make Loans are several and not joint. It is understood that no Lender shall be responsible for any default by any other Lender in of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill make its commitments Loans hereunder.
Appears in 1 contract
Samples: Assignment and Assumption Agreement (Grana & Montero S.A.A.)
Pro Rata Borrowings. Each Borrowing of The Loans made under this Agreement shall be granted made by the Lenders pro rata on the basis of their then-applicable respective Loan Commitments. It is understood that no Lender shall be responsible for any default by any other Lender in of its obligation to make Loans its portion of the Loan hereunder and that each Lender shall be obligated to make the Loans provided to be made by it its portion of any Loan hereunder, regardless of the failure of any other Lender to fulfill its commitments Loan Commitment hereunder.
Appears in 1 contract
Samples: Senior Secured Credit Agreement (Central European Media Enterprises LTD)
Pro Rata Borrowings. Each Borrowing Except as expressly provided in Section 2A.9(e), Borrowings of Loans under this Agreement shall be granted loaned by the applicable Lenders pro rata on the basis of their then-applicable Facility Commitments. It is understood that no No Lender shall be responsible for any default by any other Lender in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments Commitments hereunder.
Appears in 1 contract
Pro Rata Borrowings. Each Borrowing All Borrowings of Loans under this Agreement shall be granted loaned by the Lenders pro rata on the basis of their then-applicable Revolving Commitments. It is understood that no No Lender shall be responsible for any default by any other Lender in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments Revolving Commitments hereunder.
Appears in 1 contract
Samples: Credit Agreement (Huntsman Advanced Materials (UK) LTD)
Pro Rata Borrowings. Each Borrowing All Borrowings of Revolving Loans under this Agreement shall be granted loaned by the Lenders pro rata on the basis of their then-applicable Revolving Commitments. It is understood that no No Lender shall be responsible for any default by any other Lender in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments Commitment hereunder.
Appears in 1 contract
Pro Rata Borrowings. Each Borrowing All Borrowings of Revolving Loans under this Agreement shall be granted by incurred from the Lenders pro rata on the basis of their then-applicable Revolving Loan Commitments; provided that all Mandatory Borrowings shall be incurred from the Lenders pro rata on the basis of their RL Percentages. It is understood that no Lender shall be responsible for any default by any other Lender in of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill make its commitments Loans hereunder.
Appears in 1 contract
Samples: Intercreditor Agreement (Southeastern Grocers, LLC)
Pro Rata Borrowings. Each Borrowing Except as expressly provided in Section 2A.9(e), all Borrowings of Loans under this Agreement shall be granted loaned by the applicable Lenders pro rata on the basis of their then-applicable Commitments. It is understood that no No Lender shall be responsible for any default by any other Lender in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments Commitment hereunder.
Appears in 1 contract
Samples: Credit Agreement (Ball Corp)
Pro Rata Borrowings. Each Borrowing All Borrowings of Loans (other than Swingline Loans) under this Agreement with respect to a Facility shall be granted by incurred from the Lenders pro rata on the basis of their then-applicable then respective Commitments. It is understood that no Lender shall be responsible for any default by any other Lender in of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, hereunder regardless of the failure of any other Lender to fulfill its commitments hereundercommitments.
Appears in 1 contract
Pro Rata Borrowings. Each Borrowing All Borrowings of Term Loans under this Agreement shall be granted by incurred from the Lenders pro rata on the basis of their then-applicable Commitments. It is understood that no Lender shall be responsible for any default by any other Lender in of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill make its commitments Loans hereunder.
Appears in 1 contract
Pro Rata Borrowings. Each Borrowing All Borrowings of Loans under this Agreement shall be granted loaned by the Lenders pro rata on the basis of -------------------- their then-applicable Commitments. It is understood that no No Lender shall be responsible for any default by any other Lender in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments Commitments hereunder.
Appears in 1 contract
Samples: Credit Agreement (Us Can Corp)
Pro Rata Borrowings. Each Borrowing of Loans under this Agreement shall be granted made by the Lenders pro rata on the basis of their then-applicable CommitmentsCommitment Percentages. It is understood that no Lender shall be responsible for any default by any other Lender in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments hereunder.
Appears in 1 contract
Pro Rata Borrowings. Each Borrowing All Borrowings of Revolving Loans and Term Loans under this Agreement shall be granted made by the Lenders pro rata on the basis of their then-applicable Revolving Loan Commitments or Term Loan Commitments, respectively. It is understood that no Lender shall be responsible for any default by any other Lender in of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments hereunder.
Appears in 1 contract
Samples: American Pad & Paper Co
Pro Rata Borrowings. Each Borrowing (a) All Borrowings of Revolving Loans under this Agreement shall be granted incurred by the Parent Borrower from the Lenders pro rata on the basis of their then-applicable CommitmentsTranche 1 Commitments or Tranche 3 Commitments as the case may be. It is understood that no Lender shall be responsible for any default by any other Lender in its obligation to make Revolving Loans hereunder and that each Lender shall be obligated to make the Revolving Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments hereunder.
Appears in 1 contract
Samples: Credit Agreement (Endurance Specialty Holdings LTD)
Pro Rata Borrowings. Each Borrowing The Borrowings of Loans under this Agreement shall be granted by incurred from the Lenders pro rata on the basis of their then-applicable Commitments. It is understood that no Lender shall be responsible for any default by any other Lender in of its obligation to make Loans a Loan hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill make its commitments Loans hereunder.
Appears in 1 contract
Samples: Pacific Drilling S.A.
Pro Rata Borrowings. Each Borrowing of A Term Loans, B Term Loans, C Term Loans or Revolving Credit Loans under this Agreement shall be granted by the Lenders pro rata on the basis of their then-applicable Commitments. It is understood that no Lender shall be responsible for any default by any other Lender in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments hereunder.
Appears in 1 contract
Pro Rata Borrowings. Each Borrowing All Borrowings of Revolving Loans under ------------------- this Agreement shall be granted by incurred from the Lenders pro rata on the basis of their then-applicable --- ---- Commitments. It is understood that no Lender shall be responsible for any default by any other Lender in of its obligation to make Revolving Loans hereunder and that each Lender shall be obligated to make the Revolving Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill make its commitments Revolving Loans hereunder.
Appears in 1 contract
Samples: Credit Agreement (Waters Corp /De/)
Pro Rata Borrowings. Each Borrowing of Loans All Borrowings under this Agreement shall be granted loaned by the Lenders pro rata on the basis of their then-applicable Commitments. It is understood that no No Lender shall be responsible for any default by any other Lender in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments Commitment or make Loans hereunder.
Appears in 1 contract
Pro Rata Borrowings. Each Borrowing of Loans All Borrowings under this Agreement shall be granted loaned by the Lenders pro rata on the basis of their then-applicable Revolving Loan Commitments. It is understood that no No Lender shall be responsible for any default by any other Lender in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments hereunder.
Appears in 1 contract
Samples: Revolving Credit Agreement (Leading Edge Earth Products Inc)
Pro Rata Borrowings. Each Borrowing All Borrowings of Revolving Loans under this Agreement shall be granted incurred by the Lenders pro rata on the basis of their then-applicable Revolving Commitments. It is understood that no Lender shall be responsible for any default by any other Lender in its obligation to make Revolving Loans hereunder and that each Lender shall be obligated to make the Revolving Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments hereunder.
Appears in 1 contract
Pro Rata Borrowings. Each Borrowing All Borrowings of Loans under this Agreement shall be granted by incurred from the Lenders pro rata within each Tranche on the basis of their then-applicable Commitments. It is understood that no Lender shall be responsible for any default by any other Lender in of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, hereunder (solely to the extent such Lender is so obligated) regardless of the failure of any other Lender to fulfill make its commitments Loans hereunder.
Appears in 1 contract
Samples: Joinder Agreement (Informatica Inc.)
Pro Rata Borrowings. Each Borrowing The borrowing of Loans under this Agreement shall be granted by the Lenders pro rata on the basis of gross proceeds equal to 99.00% of their then-applicable Commitmentsrespective Commitments of the Loans. It is understood that no Lender shall be responsible for any default by any other Lender in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments hereunder.
Appears in 1 contract
Pro Rata Borrowings. Each Borrowing All Borrowings of Multicurrency Revolving Loans under this Agreement shall be granted loaned by the Lenders pro rata on the basis of their then-applicable Commitments. It is understood that no No Lender shall be responsible for any default by any other Lender in its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill its commitments obligations with respect to its Commitments hereunder.
Appears in 1 contract
Samples: Credit Agreement (Greif Inc)
Pro Rata Borrowings. Each Borrowing of Loans All Borrowings under this Agreement shall be granted by incurred from the Lenders pro rata on the basis of their then-applicable Commitments. It is understood that no Lender shall be responsible for any default by any other Lender in of its obligation to make Loans hereunder and that each Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Lender to fulfill make its commitments Loans hereunder.
Appears in 1 contract
