Common use of Pro Rata Borrowings Clause in Contracts

Pro Rata Borrowings. All Loans under this Agreement shall be made by the Banks pro rata on the basis of their Commitments. It is understood that no Bank shall be responsible for any default by any other Bank in its obligation to make Loans hereunder and that each Bank shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Bank to fulfill its commitments hereunder.

Appears in 5 contracts

Samples: Credit Agreement (Noble Drilling Corp), Credit Agreement (R&b Falcon Corp), Credit Agreement (Global Marine Inc)

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Pro Rata Borrowings. All Loans comprising a Borrowing under this Agreement shall be made by the Banks pro rata on the basis of their Term Loan Commitments or Revolving Loan Commitments, as the case may be. It is understood that no Bank shall be responsible for any default by any other Bank in of its obligation to make Loans hereunder and that each Bank shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Bank to fulfill its commitments hereunder.

Appears in 3 contracts

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

Pro Rata Borrowings. All Loans Borrowings under this Agreement shall be made loaned by the Banks pro rata on the basis of their A Term Loan Commitments, B Term Loan Commitments or Revolving Loan Commitments, as the case may be. It is understood that no No Bank shall be responsible for any default by any other Bank in its obligation to make Loans hereunder and that each Bank shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Bank to fulfill its commitments hereunder.

Appears in 3 contracts

Samples: Credit Agreement (Carson Inc), Credit Agreement (Carson Inc), Credit Agreement (Styling Technology Corp)

Pro Rata Borrowings. All Loans made under this Agreement shall be made by incurred from the Banks pro rata on the basis of their Commitments. It is understood that no Bank shall be responsible for any default by any other Bank in of its obligation to make Loans hereunder and that each Bank shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Bank to fulfill make its commitments Loans hereunder.

Appears in 3 contracts

Samples: Term Loan Agreement (Alpine Group Inc /De/), Term Loan Agreement (Sullivan Graphics Inc), Term Loan Agreement (Acg Holdings Inc)

Pro Rata Borrowings. All Loans under this Agreement shall be made by the Banks Lenders pro rata on the basis of their Commitments. It is understood that no Bank Lender shall be responsible for any default by any other Bank Lender in its obligation to make Loans hereunder and that each Bank Lender shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Bank 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. All Borrowings of Loans under this Agreement shall be made by incurred from the Banks pro rata on the basis of their Commitments. It is understood that no Bank shall be responsible for any default by any other Bank in of its obligation to make Loans hereunder and that each Bank shall be obligated to make the Loans provided to be made by it hereunder, hereunder regardless of the failure of any other Bank to fulfill make its commitments Loans hereunder.

Appears in 3 contracts

Samples: Credit Agreement (Financial Security Assurance Holdings LTD), Credit Agreement (Homestead Village Inc), Credit Agreement (Financial Security Assurance Holdings LTD/Ny/)

Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be made incurred by the Borrower from the Banks pro rata on the basis of their such Banks’ Commitments. It is understood that no Bank shall be responsible for any default by any other Bank in its obligation to make Loans hereunder and that each Bank shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Bank to fulfill its commitments hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Amerus Group Co/Ia), Credit Agreement (Amerus Group Co/Ia)

Pro Rata Borrowings. All Loans under this Agreement shall be made by the Banks Lenders pro rata on the basis of their Commitments. It is understood that no Bank No Lender shall be responsible for any default by any other Bank Lender in its obligation to make Loans hereunder and that each Bank 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 Bank 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. All Borrowings of Loans under this Agreement shall be made by incurred from the Banks pro rata on the basis of their respective C Term Loan Commitments, Acquisition Loan Commitments, A Revolving Loan Commitments or B Revolving Loan Commitments, as the case may be. It is understood that no Bank shall be responsible for any default by any other Bank in of its obligation to make Loans hereunder and that each Bank shall be obligated to make the Loans provided to be made by it hereunder, hereunder regardless of the failure of any other Bank to fulfill make its commitments Loans hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Hq Global Holdings Inc), Credit Agreement (Frontline Capital Group)

Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be made by incurred from the Banks pro rata on the basis of their respective Commitments. It is understood that no Bank shall be responsible for any default by any other Bank in of its obligation to make Loans hereunder and that each Bank shall be obligated to make the Loans provided to be made by it hereunder, hereunder regardless of the failure of any other Bank to fulfill make its commitments Loans hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Gramercy Capital Corp), Credit Agreement (Firstlink Communications Inc)

Pro Rata Borrowings. All Borrowings of Loans under this ------------------- Agreement shall be made by incurred from the Banks pro rata on the basis of their --- ---- Commitments. It is understood that no Bank shall be responsible for any default by any other Bank in of its obligation to make Loans hereunder and that each Bank shall be obligated to make the Loans provided to be made by it hereunder, hereunder regardless of the failure of any other Bank to fulfill make its commitments Loans hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Wireless Facilities Inc), Credit Agreement (Wireless Facilities Inc)

Pro Rata Borrowings. All Loans Borrowings under this Agreement shall be made loaned by the Banks pro rata on the basis of their Revolving Loan Commitments. It is understood that no No Bank shall be responsible for any default by any other Bank in its obligation to make Loans hereunder and that each Bank shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Bank to fulfill its commitments hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Wells Aluminum Corp), Revolving Credit Agreement (Urohealth Systems Inc)

Pro Rata Borrowings. All Loans Borrowings under this Agreement shall be made by incurred from the Banks pro rata on the basis of their Commitments. It is understood that no Bank shall be responsible for any default by any other Bank in of its obligation to make Loans hereunder and that each Bank shall be obligated to make the Loans provided to be made by it hereunder, hereunder regardless of the failure of any other Bank to fulfill make its commitments Loans hereunder.

Appears in 2 contracts

Samples: 364 Day Credit Agreement (Omnicom Group Inc), 364 Day Credit Agreement (Omnicom Group Inc)

Pro Rata Borrowings. All Loans under this Agreement shall be made by the Banks pro rata on the basis of their Term Loan Commitments and Revolving Loan Commitments, as the case may be. It is understood that no Bank shall be responsible for any default by any other Bank in its obligation to make Loans hereunder and that each Bank shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Bank to fulfill its commitments hereunder.

Appears in 1 contract

Samples: Credit Agreement (Universal American Financial Corp)

Pro Rata Borrowings. All Borrowings of Loans (other than ------------------- Swingline Loans) under this Agreement shall be made by the Banks pro rata on the --- ---- basis of their Term Loan Commitments or Revolving Loan Commitments, as the case may be. It is understood that no Bank shall be responsible for any default by any other Bank in of its obligation to make Loans hereunder and that each Bank shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Bank to fulfill its commitments hereunder.

Appears in 1 contract

Samples: Credit Agreement (Wesley Jessen Visioncare Inc)

Pro Rata Borrowings. All Borrowings of Revolving Loans under ------------------- this Agreement shall be made by the Banks pro rata on the basis of their --- ---- Commitments. It is understood that no Bank shall be responsible for any default by any other Bank in of its obligation obli gation to make Loans hereunder and that each Bank shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Bank to fulfill its commitments commit ments hereunder.

Appears in 1 contract

Samples: Credit Agreement (U S a Floral Products Inc)

Pro Rata Borrowings. All Borrowings of Loans under this ------------------- Agreement shall be made by incurred from the Banks pro rata on the basis of their --- ---- Commitments. It is understood that no Bank shall be responsible for any default by any other Bank in of its obligation to make Loans hereunder and that each Bank shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Bank to fulfill make its commitments Loans hereunder.

Appears in 1 contract

Samples: Credit Agreement (Ikon Office Solutions Inc)

Pro Rata Borrowings. All Loans Borrowings under this Agreement shall be made loaned by the Banks pro rata on the basis of their Loan Commitments. It is understood that no No Bank shall be responsible for any default by any other Bank in its obligation to make Loans hereunder and that each Bank shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Bank to fulfill its commitments hereunder.

Appears in 1 contract

Samples: Credit Agreement (American Telecasting Inc/De/)

Pro Rata Borrowings. All Borrowings of Syndicated Loans under this Agreement shall be made by incurred from the Banks pro rata on the basis of their Commitments. It is understood that no Bank shall be responsible for any default by any other Bank in of its obligation to make Loans hereunder and that each Bank shall be obligated to make the Loans provided to be made by it hereunder, hereunder regardless of the failure of any other Bank to fulfill make its commitments Loans hereunder.

Appears in 1 contract

Samples: Credit Agreement (Omnicom Group Inc)

Pro Rata Borrowings. All The Loans made under this Agreement shall be made by the Banks Lenders pro rata on the basis of their respective Loan Commitments. It is understood that no Bank Lender shall be responsible for any default by any other Bank in Lender of its obligation to make Loans its portion of the Loan hereunder and that each Bank 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 Bank 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. All Borrowings of Loans under this Agreement shall be made loaned by the Banks pro rata on the basis of their respective Commitments. It is understood that no Bank shall be responsible for any default by any other Bank in its obligation to make Loans or Competitive Bid Loans hereunder and that each 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 Bank to fulfill its commitments hereunder.

Appears in 1 contract

Samples: Credit Agreement (Fremont General Corp)

Pro Rata Borrowings. All Loans under this Agreement (other than Swingline Loans) shall be made by the Banks pro rata on the basis of their Term Commitments or Revolving Commitments, as the case may be. It is understood that no Bank shall be responsible for any default by any other Bank in its obligation to make Loans hereunder and that each Bank shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Bank to fulfill its commitments hereunder.

Appears in 1 contract

Samples: Credit Agreement (Hosiery Corp of America Inc)

Pro Rata Borrowings. All Loans under this Agreement shall be made by the Banks pro rata on the basis of their respective Commitments. It is understood that no No Bank shall be responsible for any default by any other Bank in its obligation to make Loans hereunder and that each Bank shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Bank to fulfill its commitments Commitments hereunder.

Appears in 1 contract

Samples: Credit Agreement (Ensco International Inc)

Pro Rata Borrowings. All The Loans made under this Agreement shall be made by the Banks Lenders pro rata on the basis of their respective Commitments. It is understood that no Bank Lender shall be responsible for any default by any other Bank in Lender of its obligation to make its portion of the Loans hereunder and that each Bank 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 Bank Lender to fulfill its commitments hereunder.

Appears in 1 contract

Samples: Loan Agreement (Formus Communications Inc)

Pro Rata Borrowings. All Loans Borrowings under this Agreement shall be made loaned by the Banks pro rata on the basis of their Term Loan Commitments or Revolving Loan Commitments, as the case may be. It is understood that no No Bank shall be responsible for any default by any other Bank in its obligation to make Loans hereunder and that each Bank shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Bank to fulfill its commitments hereunder.

Appears in 1 contract

Samples: Credit Agreement (Wheels Sports Group Inc)

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Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be made by the Banks pro rata on the basis of their Commitments. It is understood that no Bank shall be responsible for any default by any other Bank in of its obligation to make Loans hereunder and that each Bank shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Bank to fulfill make its commitments Loans hereunder.

Appears in 1 contract

Samples: Credit Agreement (About, Inc.)

Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be made by incurred from the Banks pro rata on the basis of their Commitments. It is understood that no No Bank shall be responsible for any default by any other Bank in of its obligation to make Loans hereunder and that each Bank shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Bank to fulfill make its commitments Loans hereunder.

Appears in 1 contract

Samples: Credit Agreement (Omniquip International Inc)

Pro Rata Borrowings. All Loans under this Agreement shall be made loaned by the Banks pro rata on the basis of their Commitments. It is understood that 12 no Bank shall be responsible for any default by any other Bank in its obligation to make Loans hereunder and that each Bank shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Bank to fulfill its commitments hereunder.

Appears in 1 contract

Samples: Credit Agreement (Superior National Insurance Group Inc)

Pro Rata Borrowings. All Loans Borrowings under this Agreement shall be made loaned by the Banks pro rata on the basis of their Revolving Loan Commitments. It is understood that no No Bank shall be responsible for any default by any other Bank in its obligation to make Revolving Loans hereunder and that each Bank shall be obligated to make the Revolving Loans provided to be made by it hereunder, regardless of the failure of any other Bank to fulfill its commitments hereunder.

Appears in 1 contract

Samples: Credit Agreement (Holley Performance Products Inc)

Pro Rata Borrowings. All Borrowings of Loans (other than ------------------- Swingline Loans and Multi-Currency Revolving Loans) under this Agreement shall be made by the Banks pro rata on the basis of their Revolving Loan Commitments, --- ---- as the case may be. It is understood that no Bank shall be responsible for any default by any other Bank in of its obligation to make Loans hereunder and that each Bank shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Bank to fulfill its commitments hereunder.

Appears in 1 contract

Samples: Credit Agreement (Modus Media International Holdings Inc)

Pro Rata Borrowings. All Revolving Loans under this the Credit Agreement shall be made by the Banks pro rata on the basis of their Revolving Loan Commitments. It is understood that no Bank shall be responsible for any default by any other Bank in its obligation to make Loans hereunder and that each Bank shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Bank to fulfill its commitments hereunder.

Appears in 1 contract

Samples: Credit Agreement (Trenwick Group LTD)

Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be made by the Banks pro rata on the basis of their Revolving Loan Commitments. It is understood that no Bank shall be responsible for any default by any other Bank in of its obligation to make Loans hereunder and that each Bank shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Bank to fulfill make its commitments Loans hereunder.

Appears in 1 contract

Samples: Credit Agreement (Western Empire Publications Inc)

Pro Rata Borrowings. All The Loans made under this Agreement shall be made by the Banks Lenders pro rata on the basis of their respective Commitments. It is understood that no Bank Lender shall be responsible for any default by any other Bank in Lender of its obligation to make Loans its portion of any Loan hereunder and that each Bank 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 Bank Lender to fulfill its commitments hereunder.

Appears in 1 contract

Samples: Credit Agreement (Mutual Risk Management LTD)

Pro Rata Borrowings. All Borrowings of Loans under this Agreement ------------------- shall be made by incurred from the Banks pro rata on the basis of their Commitments. It --- ---- is understood that no Bank shall be responsible for any default by any other Bank in of its obligation to make Loans hereunder and that each Bank shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Bank to fulfill make its commitments Loans hereunder.

Appears in 1 contract

Samples: Credit Agreement (Alco Standard Corp)

Pro Rata Borrowings. All Revolving Loans under this Agreement shall be made by the Banks pro rata on the basis of their Revolving Loan Commitments. It is understood that no Bank shall be responsible for any default by any other Bank in its obligation to make Loans hereunder and that each Bank shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Bank to fulfill its commitments hereunder.

Appears in 1 contract

Samples: Credit Agreement (Trenwick Group Inc)

Pro Rata Borrowings. All Borrowings of Loans (other than Swingline Loans) under this Agreement shall be made by the Banks pro rata on the basis of their Term Loan Commitments or Revolving Loan Commitments, as the case may be. It is understood that no Bank shall be responsible for any default by any other Bank in of its obligation to make Loans hereunder and that each Bank shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Bank to fulfill its commitments hereunder.

Appears in 1 contract

Samples: Credit Agreement (Labtec Inc /Ma)

Pro Rata Borrowings. All Borrowings of Loans under this ------------------- Agreement shall be made by the Banks pro rata on the basis of their B Term Loan --- ---- Commitments or Revolving Loan Commitments, as the case may be. It is understood that no Bank shall be responsible for any default by any other Bank in of its obligation to make Loans hereunder and that each Bank shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Bank to fulfill its commitments hereunder.

Appears in 1 contract

Samples: Credit Agreement (Ocih LLC)

Pro Rata Borrowings. All Loans under this Agreement shall be made by incurred from the Banks pro rata on the basis of their Commitments. It is understood that no Bank shall be responsible for any default by any other Bank in of its obligation to make Loans hereunder and that each Bank shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Bank to fulfill make its commitments Loans hereunder.

Appears in 1 contract

Samples: Credit Agreement (Commodore Media Inc)

Pro Rata Borrowings. All Loans Borrowings under this Agreement shall ------------------- be made loaned by the Banks pro rata on the basis of their CommitmentsRevolving Loan Commitment -------- or Acquisition Term Loan Commitment, as the case may be. It is understood that no No Bank shall be responsible for any default by any other Bank in its obligation to make Loans hereunder and that each Bank shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Bank to fulfill its commitments hereunder.

Appears in 1 contract

Samples: Credit Agreement (Carson Products Co)

Pro Rata Borrowings. All Borrowings of Loans under this Agreement shall be made incurred by the Borrower from the Banks pro rata on the basis of their such Banks' Commitments. It is understood that no Bank shall be responsible for any default by any other Bank in its obligation to make Loans hereunder and that each Bank shall be obligated to make the Loans provided to be made by it hereunder, regardless of the failure of any other Bank to fulfill its commitments hereunder.

Appears in 1 contract

Samples: Credit Agreement (Amerus Group Co/Ia)

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