Common use of Pro Rata Borrowings Clause in Contracts

Pro Rata Borrowings. All Borrowings of Term Loans under this Agreement, subject to Section 2.10(d), shall be incurred from the Lenders pro rata on the basis of such Lenders’ Commitments as the case may be. No Lender shall be responsible for any default by any other Lender of its obligation to make Term Loans hereunder, and each Lender shall be obligated to make the Term Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Term Loans hereunder.

Appears in 21 contracts

Samples: Credit Agreement (VERRA MOBILITY Corp), Term Loan Credit Agreement (Ingram Micro Holding Corp), Credit Agreement (Ingram Micro Holding Corp)

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Pro Rata Borrowings. All Borrowings of Term Loans under this Agreement, subject to Section 2.10(d), Agreement shall be incurred from the Lenders pro rata on the basis of such Lenders’ Commitments as the case may betheir Commitments. No It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Term Loans hereunder, hereunder and that each Lender shall be obligated to make the Term Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Term Loans hereunder.

Appears in 16 contracts

Samples: Credit Agreement (Athena Spinco Inc.), Management Agreement (Pacific Drilling S.A.), Management Agreement (Pacific Drilling S.A.)

Pro Rata Borrowings. All Borrowings of Term Loans and Revolving Loans under this Agreement, subject to Section 2.10(d), Agreement shall be incurred from the Lenders pro rata on the basis of such Lenders’ their Term Loan Commitments or Revolving Loan Commitments, as the case may be. No It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Term Loans hereunder, hereunder and that each Lender shall be obligated to make the Term Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Term Loans hereunder.

Appears in 10 contracts

Samples: Credit Agreement (Diamond S Shipping Inc.), Credit Agreement (Athena Spinco Inc.), Credit Agreement (International Money Express, Inc.)

Pro Rata Borrowings. All Borrowings of Term Revolving Loans under this Agreement, subject to Section 2.10(d), Agreement shall be incurred from the Lenders pro rata on the basis of such Lenders’ Commitments as their Revolving Loan Commitments, provided that all Mandatory Borrowings shall be incurred from the case may beLenders pro rata on the basis of their RL Percentages. No It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Term Loans hereunder, hereunder and that each Lender shall be obligated to make the Term Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Term Loans hereunder.

Appears in 9 contracts

Samples: Credit Agreement (Mobile Mini Inc), Credit Agreement (Mobile Mini Inc), Credit Agreement (Mobile Mini Inc)

Pro Rata Borrowings. All Borrowings of Term Loans under this Agreement, subject to Section 2.10(d), Agreement shall be incurred from the Lenders pro rata on the basis of such Lenders’ Commitments as the case may be. No Lender shall be responsible for any default by any other Lender of its obligation to make Term Loans hereunder, and each Lender shall be obligated to make the Term Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Term Loans hereunder.

Appears in 8 contracts

Samples: Second Lien Term Loan Credit Agreement (PAE Inc), Credit Agreement (PAE Inc), First Lien Term Loan Credit Agreement (PAE Inc)

Pro Rata Borrowings. All Borrowings of Term Loans under this Agreement, subject to Section 2.10(d), shall be incurred from the Lenders pro rata on the basis of such Lenders’ Commitments as the case may be. No Lender shall be responsible for any default by any other Lender of its obligation to make Term Loans hereunder, and each Lender shall be obligated to make the Term Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Term Loans hereunder.

Appears in 8 contracts

Samples: Credit Agreement (Iridium Communications Inc.), Credit Agreement (Iridium Communications Inc.), Credit Agreement (Iridium Communications Inc.)

Pro Rata Borrowings. All Borrowings of Term Loans under this Agreement, subject to Section 2.10(d), Agreement shall be incurred from the Lenders pro rata on the basis of such Lenders’ Commitments as the case may betheir Term Loan Commitments. No It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Term Loans hereunder, hereunder and that each Lender shall be obligated to make the Term Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Term Loans hereunder.

Appears in 7 contracts

Samples: Term Loan Credit Agreement (Algoma Steel Group Inc.), Credit Agreement (Keane Group, Inc.), Credit Agreement (Flowers Foods Inc)

Pro Rata Borrowings. All Borrowings of Term Loans under this Agreement, subject to Section 2.10(d), Agreement shall be incurred from the Lenders pro rata on the basis of such Lenders’ Commitments as the case may betheir applicable Commitments. No It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Term Loans hereunder, hereunder and that each Lender shall be obligated to make the Term Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Term Loans hereunder.

Appears in 6 contracts

Samples: Term Loan Credit Agreement (J.Jill, Inc.), Credit Agreement (J.Jill, Inc.), Loan Credit Agreement (J.Jill, Inc.)

Pro Rata Borrowings. All Borrowings of each applicable Tranche of Term Loans under this Agreement, subject to Section 2.10(d), Agreement shall be incurred from the Lenders under such Tranche pro rata on the basis of such Lenders’ Term Loan Commitments as the case may beunder such Tranche. No Lender shall be responsible for any default by any other Lender of its obligation to make Term Loans hereunder, and each Lender shall be obligated to make the Term Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Term Loans hereunder.

Appears in 5 contracts

Samples: Patent Security Agreement, Security Agreement, Security Agreement (OCI Partners LP)

Pro Rata Borrowings. All Borrowings of Initial Term Loans and Incremental Term Loans under this Agreement, subject to Section 2.10(d), Agreement shall be incurred from the Lenders pro rata on the basis of such Lenders’ Initial Term Loan Commitments or Incremental Term Loan Commitments, as the case may be. No Lender shall be responsible for any default by any other Lender of its obligation to make Term Loans hereunder, and each Lender shall be obligated to make the Term Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Term Loans hereunder.

Appears in 4 contracts

Samples: Credit Agreement, Security Agreement (Performance Sports Group Ltd.), Term Loan Credit Agreement

Pro Rata Borrowings. All Borrowings of Term Loans under this Agreement, subject to Section 2.10(d), Agreement shall be incurred from the Lenders pro rata on the basis of such Lenders’ Commitments as the case may betheir Term Loan Commitments. No It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Term Loans hereunder, hereunder and that each Lender shall be obligated to make the Term Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Term Loans hereunder.

Appears in 3 contracts

Samples: Credit Agreement (Urban One, Inc.), Credit Agreement (Radio One, Inc.), Credit Agreement (Radio One, Inc.)

Pro Rata Borrowings. (a) All Borrowings of each applicable Tranche of Term Loans under this Agreement, subject to Section 2.10(d), Agreement shall be incurred from the Lenders under such Tranche pro rata on the basis of such Lenders’ Term Loan Commitments as the case may beunder such Tranche. No Lender shall be responsible for any default by any other Lender of its obligation to make Term Loans hereunder, and each Lender shall be obligated to make the Term Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Term Loans hereunder.

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement (OCI Partners LP)

Pro Rata Borrowings. All Borrowings of Term Loans and Revolving Loans under this Agreement, subject to Section 2.10(d), Agreement shall be incurred from the Lenders pro rata on the basis of such Lenders’ their Term Loan Commitments or Revolving Loan Commitments, as the case may be. No It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Term Loans hereunder, hereunder and that each Lender shall only be obligated to make the Term Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Term Loans hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Diamond S Shipping Inc.), Credit Agreement (Diamond S Shipping Inc.)

Pro Rata Borrowings. All Borrowings of Term Loans under this Agreement, subject to Section 2.10(d), Agreement shall be incurred from the Lenders pro rata on the basis of such Lenders’ Commitments as the case may betheir Commitments. No It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Term Loans hereunder, hereunder and that each Lender shall be obligated to make the Term Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Term Loans hereunder.

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Dynegy Inc.), Credit Agreement (United Online Inc)

Pro Rata Borrowings. All Borrowings of the Term Loans A Loan and Term B Loan under this Agreement, subject to Section 2.10(d), Agreement shall be incurred from the Lenders pro rata on the basis of such Lenders’ their Term A Loan Commitments and Term B Loan Commitments, as the case may be. No It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Term Loans hereunder, hereunder and that each Lender shall be obligated to make the Term Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Term Loans hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Alpine Group Inc /De/), Credit Agreement (Superior Telecom Inc)

Pro Rata Borrowings. All Borrowings of Term Loans under this Agreement, subject to Section 2.10(d), shall be incurred from the Lenders pro rata on the basis of such Lenders’ Commitments as the case may be. No Lender shall be responsible for any default by any other Lender of its obligation to make Term Loans hereunder, and each Lender shall be obligated to make the Term Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Term Loans hereunder.. 2.08

Appears in 1 contract

Samples: Credit Agreement (Vertiv Holdings Co)

Pro Rata Borrowings. All Borrowings of Term Loans under this Agreement, subject to Section 2.10(d), and Revolving Loans shall be incurred from the Lenders pro rata on the basis of such Lenders’ Commitments their Term Loan Facility Amounts or Revolving Facility Amounts, as the case may be. No It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Term Loans hereunder, hereunder and that each Lender shall be obligated to make the Term Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Term Loans hereunder.

Appears in 1 contract

Samples: Credit Agreement (Infousa Inc)

Pro Rata Borrowings. All Borrowings The Borrowing of Term Loans under this Agreement, subject to Section 2.10(d), Agreement shall be incurred from the Lenders pro rata on the basis of such Lenders’ Commitments as the case may betheir Commitments. No It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Term Loans hereunder, hereunder and that each Lender shall be obligated to make the Term Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Term Loans hereunder.

Appears in 1 contract

Samples: Credit Agreement (Endeavour International Corp)

Pro Rata Borrowings. All Borrowings of Term Loans under this Agreement, subject to Section 2.10(d), Agreement shall be incurred by the Parent Borrower from the Lenders pro rata on the basis of such Lenders' Term Loan Commitments as (subject to the case may belast sentence of Section 1.01(b)). No It is understood that no Lender shall be responsible for any default by any other Lender of in its obligation to make Term Loans hereunder, hereunder and that each Lender shall be obligated to make the Term Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Term Loans commitments hereunder.

Appears in 1 contract

Samples: Term Loan Agreement (Endurance Specialty Holdings LTD)

Pro Rata Borrowings. All Borrowings of Term Loans under this Agreement, subject to Section 2.10(d), Agreement shall be incurred from the Lenders Banks pro rata on the basis of such Lenders’ Commitments as the case may betheir Term Loan Commitments. No Lender It is understood that no Bank shall be responsible for any default by any other Lender Bank of its obligation to make Term Loans hereunder, hereunder and that each Lender Bank shall be obligated to make the Term Loans provided to be made by it hereunder, regardless of the failure of any other Lender Bank to make its Term Loans hereunder.

Appears in 1 contract

Samples: Credit Agreement (Neodata Services Inc)

Pro Rata Borrowings. All Borrowings of B Term Loans and Revolving Loans (including Mandatory Borrowings) under this Agreement, subject to Section 2.10(d), Agreement shall be incurred from the Lenders pro rata on the basis of such Lenders’ their B Term Loan Commitments or RL Percentages, as the case may be. No It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Term Loans hereunder, hereunder and that each Lender shall be obligated to make the Term Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Term Loans hereunder.

Appears in 1 contract

Samples: Credit Agreement (Moore Corporation LTD)

Pro Rata Borrowings. All Borrowings of Initial Term Loans under this Agreement, subject to Section 2.10(d), Agreement shall be incurred from the Lenders of the applicable Class pro rata on the basis of such Lenders’ Commitments as the case may betheir Initial Term Loans. No It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Term Loans hereunder, hereunder and that each Lender shall be obligated to make the Term Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Term Loans hereunder.

Appears in 1 contract

Samples: Intercreditor Agreement (Capella Healthcare, Inc.)

Pro Rata Borrowings. All Borrowings of Term Loans under this Agreement, subject to Section 2.10(d), shall be incurred from the Lenders pro rata on the basis of such Lenders’ Commitments as the case may be. No Lender shall be responsible for any default by any other Lender of its obligation to make Term Loans hereunder, and each Lender shall be obligated to make the Term Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Term Loans hereunder. Interest.

Appears in 1 contract

Samples: Credit Agreement (VERRA MOBILITY Corp)

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Pro Rata Borrowings. All Borrowings of B Term Loans and C Term Loans under this Agreement, subject to Section 2.10(d), Agreement shall be incurred from the Lenders pro rata on the basis of such Lenders’ their B Term Loan Commitments or C Term Loan Commitments, as the case may be. No It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Term Loans hereunder, hereunder and that each Lender shall be obligated to make the Term Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Term Loans hereunder.

Appears in 1 contract

Samples: Credit Agreement (Leap Wireless International Inc)

Pro Rata Borrowings. All Borrowings of Revolving Loans and Incremental Term Loans of a particular Tranche under this Agreement, subject to Section 2.10(d), Agreement shall be incurred from the Lenders pro rata on the basis of such Lenders’ their respective Revolving Loan Commitments or Incremental Term Loan Commitments, as the case may be. No It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Term Loans hereunder, hereunder and that each Lender shall be obligated to make the Term Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Term Loans hereunder.

Appears in 1 contract

Samples: Credit Agreement (VHS of Phoenix Inc)

Pro Rata Borrowings. All Borrowings of Initial Term Loans and Incremental Term Loans under this Agreement, subject to Section 2.10(d), Agreement shall be incurred from the Lenders pro rata on the basis of such Lenders’ their Initial Term Loan Commitments or applicable Incremental Term Loan Commitments, as the case may be. No It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Term Loans hereunder, hereunder and that each Lender shall be obligated to make the Term Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Term Loans hereunder.

Appears in 1 contract

Samples: Security Agreement (Arc Document Solutions, Inc.)

Pro Rata Borrowings. All Borrowings of Term Loans under this Agreement, subject to Section 2.10(d), and Revolving Loans shall be incurred from the Lenders pro rata on the basis of such Lenders’ Commitments their Term Facility A Commitments, Term Facility B Commitments, or Revolving Loan Commitments, as the case may be. No It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Term Loans hereunder, hereunder and that each Lender shall be obligated to make the Term Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Term Loans hereunder.

Appears in 1 contract

Samples: Credit Agreement (Infousa Inc)

Pro Rata Borrowings. All Borrowings of Initial Term Loans and Upsize Loans under this Agreement, subject to Section 2.10(d), Agreement shall be incurred from the Lenders pro rata on the basis of such Lenders’ their Initial Term Loan Commitments or Upsize Loan Commitments, as the case may be. No It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Term Loans hereunder, hereunder and that each Lender shall be obligated to make the Term Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Term Loans hereunder.

Appears in 1 contract

Samples: Credit Agreement (Athena Spinco Inc.)

Pro Rata Borrowings. All Borrowings of Term Loans and Revolving Loans under this Agreement, subject to Section 2.10(d), Agreement shall be incurred from the Lenders pro rata on the basis of such Lenders’ Commitments their Term Loan Commitments, or Revolving Loan Commitments, as the case may be. No It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Term Loans hereunder, hereunder and that each Lender shall be obligated to make the Term Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Term Loans hereunder.

Appears in 1 contract

Samples: Credit Agreement (Infousa Inc)

Pro Rata Borrowings. All Borrowings of Term The Terms Loans comprising the Borrowing under this Agreement, subject to Section 2.10(d), Agreement shall be incurred from made by the Lenders simultaneously and each Lender’s Term Loan shall be equal to such Lender’s pro rata on Share of the basis of such Lenders’ Commitments as the case may beBorrowing. No It is understood that no Lender shall be responsible for any default by any other Lender of in its obligation to make a Term Loans hereunder, Loan hereunder and that each Lender shall be obligated to make the Term Loans Loan provided to be made by it hereunderhereunder subject to the terms hereof, regardless of the failure of any other Lender to fulfill its commitment to make its Term Loans Loan hereunder.

Appears in 1 contract

Samples: Term Credit Agreement (Textron Inc)

Pro Rata Borrowings. All Borrowings of Term Loans and Revolving Loans under this Agreement, subject to Section 2.10(d), Agreement shall be incurred from the Lenders pro rata on the basis of such Lenders’ their Term Loan Commitments or Revolving Loan Commitments, as the case may be. No Lender shall be responsible for any default by any other Lender of its obligation to make Term Loans hereunder, and each Lender shall be obligated to make the Term Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Term Loans hereunder.

Appears in 1 contract

Samples: Credit Agreement (Too Inc)

Pro Rata Borrowings. All Borrowings of Term Loans and Revolving Loans under this Agreement, subject to Section 2.10(d), Agreement shall be incurred by the Borrower from the Lenders pro rata on the basis of such Lenders’ Term Loan Commitments or Revolving Loan Commitments, as the case may be. No It is understood that no Lender shall be responsible for any default by any other Lender of in its obligation to make Term Loans hereunder, hereunder and that each Lender shall be obligated to make the Term Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Term Loans commitments hereunder.

Appears in 1 contract

Samples: Credit Agreement (Usi Holdings Corp)

Pro Rata Borrowings. All Borrowings of Term Loans under this Agreement, subject to Section 2.10(d), shall be incurred from the Lenders pro rata on the basis of such Lenders’ Commitments as the case may be. No Lender shall be responsible for any default by any other Lender of its obligation to make Term Loans hereunder, and each Lender shall be obligated to make the Term Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Term Loans hereunder. Interest .

Appears in 1 contract

Samples: Term Loan Credit Agreement (VERRA MOBILITY Corp)

Pro Rata Borrowings. All Borrowings of A Term Loans, B Term Loans and Revolving Loans under this Agreement, subject to Section 2.10(d), Agreement shall be incurred from the Lenders pro rata on the basis of such Lenders’ their A Term Loan Commitments, B Term Loan Commitments or Revolving Loan Commitments, as the case may be. No It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Term Loans hereunder, hereunder and that each Lender shall be obligated to make the Term Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Term Loans hereunder.

Appears in 1 contract

Samples: Pledge and Security Agreement (Flowers Foods Inc)

Pro Rata Borrowings. All Borrowings of Initial Term Loans and Incremental Term Loans under this Agreement, subject to Section 2.10(d), Agreement shall be incurred from the Lenders pro rata on the basis of such Lenders’ their Initial Term Loan Commitments or Incremental Term Loan Commitments, as the case may be. No It is understood that no Lender shall be responsible for any default by any other Lender of its obligation to make Term Loans hereunder, hereunder and that each Lender shall be obligated to make the Term Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Term Loans hereunder.

Appears in 1 contract

Samples: Credit Agreement (NightHawk Radiology Holdings Inc)

Pro Rata Borrowings. All Borrowings of B-1 Term Loans and B-2 Term Loans under this Agreement, subject to Section 2.10(d), Agreement shall be incurred from the Lenders pro rata on the basis of such Lenders’ their B-1 Term Loan Commitments or B-2 Term Loan Commitments, as the case may be. No Lender shall be responsible for any default by any other Lender of its obligation to make Term Loans hereunder, hereunder and each Lender shall be obligated to make the Term Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make its Term Loans hereunder.

Appears in 1 contract

Samples: Credit Agreement (Starwood Hotel & Resorts Worldwide Inc)

Pro Rata Borrowings. All Borrowings of Term A Loans, Term B Loans and Revolving Loans under this Agreement, subject to Section 2.10(d), Agreement shall be incurred from loaned by the Lenders pro rata on the basis of such Lenders’ their Term A Commitments, Term B Commitments or Revolving Commitments, as the case may be. No Lender shall be responsible for any default by any other Lender of in its obligation to make Term Loans hereunder, hereunder and each Lender shall be obligated to make the Term Loans provided to be made by it hereunder, regardless of the failure of any other Lender to make fulfill its Term Loans Commitments hereunder.

Appears in 1 contract

Samples: Credit Agreement (TNS Inc)

Pro Rata Borrowings. All Borrowings Each borrowing of Term Loans under this Agreement, subject to Section 2.10(d), Agreement shall be incurred from granted by the Lenders pro rata on the basis of such Lenders’ Commitments as the case may betheir then-applicable Term Loan Commitments. No Lender shall be responsible for any default by any other Lender of in its obligation to make Term Loans hereunder, and each Lender shall be obligated to make the Term Loans provided to be made by it hereunder, hereunder regardless of the failure of any other Lender to make fulfill its Term Loans commitments hereunder.

Appears in 1 contract

Samples: Cinema and Administrative Agreement (Cinedigm Digital Cinema Corp.)

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