Common use of Pro Rata Borrowings Clause in Contracts

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. 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. Each Borrowing of Incremental Term Loans under this Agreement shall be granted by the Lenders pro rata on the basis of their then-applicable Incremental 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 4 contracts

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

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Pro Rata Borrowings. Each Borrowing All Borrowings of B-1 Term Loans, B-2 Term Loans and Revolving Loans under this Agreement shall be granted by incurred from the Lenders pro rata on the basis of their then-applicable B-1 Term Loan Commitments. Each Borrowing of , B-2 Term Loan Commitments or Revolving Credit Loans under this Agreement Loan Commitments, as the case may be, provided that (x) all Mandatory Borrowings shall be granted by incurred from the RL Lenders pro rata on the basis of their then applicable Revolving Credit Commitments. Each Borrowing RL Percentages and (y) the B-1 Conversion shall occur in accordance with the relevant provisions of Incremental Term Loans under this Agreement shall be granted by the Lenders pro rata on the basis of their then-applicable Incremental Term Loan CommitmentsAgreement. 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 3 contracts

Samples: Credit Agreement (CF Industries Holdings, Inc.), Credit Agreement (CF Industries Holdings, Inc.), Credit Agreement (CF Industries Holdings, Inc.)

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. 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. Each Borrowing of Incremental Tranche B Term Loans under this Agreement shall be granted by the Lenders pro rata on the basis of their then-applicable Incremental Tranche B 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 3 contracts

Samples: Credit Agreement (Intelsat S.A.), Credit Agreement (Intelsat S.A.), Credit Agreement (Intelsat S.A.)

Pro Rata Borrowings. Each Borrowing of Initial Term Loans under this Agreement shall be granted by the Lenders pro rata on the basis of their then-applicable Initial Term Loan Commitments. Each Borrowing of Revolving Credit Delayed Draw Term Loans under this Agreement shall be granted by the Lenders pro rata on the basis of their then then-applicable Revolving Credit Delayed Draw Term Loan Commitments. Each Borrowing of Incremental Term Loans under this Agreement shall be granted by the Lenders pro rata on the basis of their then-applicable Incremental Term Loan CommitmentsFacilities. 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 (ARKO Corp.), Credit Agreement (ARKO Corp.), Credit Agreement (ARKO Corp.)

Pro Rata Borrowings. Each Borrowing All Borrowings of A Term Loans, B Term Loans and Revolving Loans under this Agreement shall be granted by incurred from the Lenders pro rata on the basis of their then-applicable A Term Loan Commitments. Each Borrowing of , B Term Loan Commitments or Revolving Credit Loans under this Agreement Loan Commitments (without regard to whether such Revolving Loan Commitments are 2016 Revolving Loan Commitments or 2017 Revolving Loan Commitments), respectively, provided that all Mandatory Borrowings shall be granted by incurred from the RL Lenders pro rata on the basis of their then applicable Revolving Credit Commitments. Each Borrowing of Incremental Term Loans under this Agreement shall be granted by the Lenders pro rata on the basis of their then-applicable Incremental Term Loan CommitmentsRL 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 (Walter Energy, Inc.), Credit Agreement (Walter Energy, Inc.)

Pro Rata Borrowings. Each Borrowing All Borrowings of Tranche A Term Loans, Tranche B Term Loans and Revolving Loans under this Agreement shall be granted by incurred from the Lenders Banks pro rata on the basis of their then-applicable Tranche A Term Loan Commitments. Each Borrowing , Tranche B Term Loan Commitments or Revolving Loan Commitments, as the case may be, provided that all Borrowings of Revolving Credit Loans under this Agreement made pursuant to a Mandatory Borrowing shall be granted by incurred from the Lenders Banks pro rata on the basis of their then applicable Revolving Credit Commitments. Each Borrowing of Incremental Term Loans under this Agreement shall be granted by the Lenders pro rata on the basis of their then-applicable Incremental Term Loan CommitmentsAdjusted Percentages. 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 1 contract

Samples: Credit Agreement (FSC Semiconductor Corp)

Pro Rata Borrowings. Each Borrowing All Borrowings of Term Acquisition Loans and Revolving Loans under this Agreement shall be granted incurred by the Borrowers from the Lenders pro rata on the basis of their then-applicable Term such Lenders’ Acquisition Loan Commitments or Revolving Loan Commitments. Each Borrowing , as the case may be, in each case as in effect on the date of the respective Borrowing; provided that all Borrowings of Revolving Credit Loans under this Agreement made pursuant to a Mandatory Borrowing shall be granted by incurred from the RL Lenders pro rata on the basis of their then applicable Revolving Credit Commitments. Each Borrowing of Incremental Term Loans under this Agreement shall be granted by the Lenders pro rata on the basis of their then-applicable Incremental Term Loan Commitmentsrespective 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 its commitments hereunder.

Appears in 1 contract

Samples: Credit Agreement (Stonemor Partners Lp)

Pro Rata Borrowings. Each Borrowing All Borrowings of Tranche B Term Loans, Incremental Term Loans and Revolving Loans under this Agreement shall be granted by incurred from the Lenders pro rata on the basis of their then-applicable Tranche B Term Loan Commitments. Each Borrowing , Incremental Term Loan Commitments or Revolving Loan Commitments, as the case may be, provided that all Borrowings of Revolving Credit Loans under this Agreement made pursuant to a Mandatory Borrowing shall be granted by incurred from the Lenders pro rata on the basis of their then applicable Revolving Credit Commitments. Each Borrowing of Incremental Term Loans under this Agreement shall be granted by the Lenders pro rata on the basis of their then-applicable Incremental Term Loan CommitmentsAdjusted 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: Credit Agreement (Iasis Healthcare Corp)

Pro Rata Borrowings. Each Borrowing All Borrowings of (i) Initial Term Loans under this Agreement shall be granted by incurred from the Lenders with Initial Term Loan Commitments pro rata on the basis of their respective Initial Term Loan Commitments, (ii) Revolving Loans under this Agreement shall be incurred from the Lenders pro rata on the basis of their then-applicable respective RL Percentages and (iii) Incremental Term Loan Commitments. Each Borrowing Loans of Revolving Credit Loans a particular Tranche under this Agreement shall be granted by incurred from the Lenders pro rata on the basis of their then applicable Revolving Credit Commitments. Each Borrowing of Incremental Term Loans under this Agreement shall be granted by the Lenders pro rata on the basis of their then-applicable respective Incremental 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 1 contract

Samples: Credit Agreement (Vanguard Health Systems Inc)

Pro Rata Borrowings. Each Borrowing All Borrowings of Tranche A Term Loans, Tranche B Term Loans and Revolving Loans under this Agreement shall be granted by incurred from the Lenders pro rata on the basis of their then-applicable Tranche A Term Loan Commitments. Each Borrowing , Tranche B Term Loan Commitments or Revolving Loan Commitments, as the case may be, provided that all Borrowings of Revolving Credit Loans under this Agreement made pursuant to a Mandatory Borrowing shall be granted by incurred from the Lenders pro rata on the basis of their then applicable Revolving Credit Commitments. Each Borrowing of Incremental Term Loans under this Agreement shall be granted by the Lenders pro rata on the basis of their then-applicable Incremental Term Loan CommitmentsAdjusted 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: Southwest General Hospital Lp

Pro Rata Borrowings. Each Borrowing All Borrowings of Tranche A Term Loans, Tranche C Term Loans and Revolving Loans under this Agreement shall be granted by incurred from the Lenders Banks pro rata on the basis of their then-applicable Tranche A Term Loan Commitments. Each Borrowing , Tranche C Term Loan Commitments or Revolving Loan Commitments, as the case may be, provided that all Borrowings of Revolving Credit Loans under this Agreement made pursuant to a Mandatory Borrowing shall be granted by incurred from the Lenders Banks pro rata on the basis of their then applicable Revolving Credit Commitments. Each Borrowing of Incremental Term Loans under this Agreement shall be granted by the Lenders pro rata on the basis of their then-applicable Incremental Term Loan CommitmentsAdjusted Percentages. 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.. 1.08

Appears in 1 contract

Samples: Credit Agreement (Fairchild Semiconductor Corp)

Pro Rata Borrowings. Each Borrowing of Tranche D Term Loans under this Agreement shall be granted by the Lenders pro rata on the basis of their then-applicable Tranche D Term Loan Commitments. 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. Each Borrowing of Incremental New Term Loans under this Agreement shall be granted by the Lenders pro rata on the basis of their then-then applicable Incremental New 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 1 contract

Samples: Credit Agreement (LPL Investment Holdings Inc.)

Pro Rata Borrowings. Each Borrowing of Tranche B Term Loans under this Agreement shall be granted by the Lenders pro rata on the basis of their then-applicable Tranche B Term Loan Commitments. 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. Each Borrowing of Incremental Tranche B Term Loans under this Agreement shall be granted by the Lenders pro rata on the basis of their then-applicable Incremental Tranche B 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 1 contract

Samples: Credit Agreement (Intelsat S.A.)

Pro Rata Borrowings. Each Borrowing All Borrowings of Initial Tranche B-1 Term Loans, Initial Tranche B-2 Term Loans, and Revolving Loans under this Agreement shall be granted by incurred from the Lenders pro rata on the basis of their then-applicable Initial Tranche B-1 Term Loan Commitments. Each Borrowing of , Initial Tranche B-2 Term Loan Commitments, or Revolving Credit Loans under this Agreement Loan Commitments, as the case may be; provided that all Mandatory Borrowings shall be granted by incurred from the RL Lenders pro rata on the basis of their then applicable Revolving Credit Commitments. Each Borrowing of Incremental Term Loans under this Agreement shall be granted by the Lenders pro rata on the basis of their then-applicable Incremental Term Loan CommitmentsRL 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: Credit Agreement (Dynegy Inc.)

Pro Rata Borrowings. Each Borrowing of Tranche C Term Loans under this Agreement shall be granted by the Lenders pro rata on the basis of their then-applicable Tranche C Term Loan Commitments. 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. Each Borrowing of Incremental New Term Loans under this Agreement shall be granted by the Lenders pro rata on the basis of their then-then applicable Incremental New 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 1 contract

Samples: Credit Agreement (LPL Investment Holdings Inc.)

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Pro Rata Borrowings. Each Borrowing of Term B Loans (including Refinancing Term B Loans and New Term B Loans) under this Agreement shall be granted by the Lenders pro rata on the basis of their then-applicable Term B Loan CommitmentsCommitments or New Term B Loan Commitments (as applicable) with respect to the applicable Class. 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. Each Borrowing of Incremental Term Loans under this Agreement shall be granted by Commitments with respect to the Lenders pro rata on the basis of their then-applicable Incremental Term Loan CommitmentsClass in accordance with Section 2.1(b)(iii). 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 (WideOpenWest, Inc.)

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. 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. Each Borrowing of Incremental New Term Loans under this Agreement shall be granted by the Lenders pro rata on the basis of their then-applicable Incremental New 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 1 contract

Samples: Credit Agreement (Accellent Corp.)

Pro Rata Borrowings. Each Borrowing All Borrowings of Term Loans and Revolving Loans under this Agreement shall be granted incurred by the Borrower from the Lenders pro rata on the basis of their then-applicable such Lenders’ Term Loan Commitments or Revolving Loan Commitments. Each Borrowing , as the case may be, in each case as in effect on the date of the respective Borrowing; provided that all Borrowings of Revolving Credit Loans under this Agreement made pursuant to a Mandatory Borrowing shall be granted by incurred from the RL Lenders pro rata on the basis of their then applicable Revolving Credit Commitments. Each Borrowing of Incremental Term Loans under this Agreement shall be granted by the Lenders pro rata on the basis of their then-applicable Incremental Term Loan Commitmentsrespective 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 its commitments hereunder.

Appears in 1 contract

Samples: Credit Agreement (EnerSys)

Pro Rata Borrowings. Each Borrowing All Borrowings of Term Loans under this Agreement shall be granted by incurred from the Lenders Banks pro rata on the basis of their then-applicable respective A Term Loan Commitments. Each Borrowing , B Term Loan Commitments, Capital Expenditure Loan Commitments or Revolving Loan Commitments, as the case may be; provided that all Borrowings of Revolving Credit Loans under this Agreement made pursuant to a Mandatory Borrowing shall be granted incurred by the Lenders Borrower from the Banks with Revolving Loan Commitments pro rata on the basis of their then applicable Revolving Credit Commitments. Each Borrowing of Incremental Term Loans under this Agreement shall be granted by the Lenders pro rata on the basis of their then-applicable Incremental Term Loan CommitmentsPercentages. 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, hereunder regardless of the failure of any other Lender Bank to fulfill make its commitments Loans hereunder.

Appears in 1 contract

Samples: Credit Agreement (Video Update Inc)

Pro Rata Borrowings. Each Borrowing of Tranche B-1 Term Loans under this Agreement shall be granted by the Lenders pro rata on the basis of their then-applicable Tranche B-1 Term Loan Commitments. 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. Each Borrowing of Incremental Tranche B Term Loans under this Agreement shall be granted by the Lenders pro rata on the basis of their then-applicable Incremental Tranche B 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 1 contract

Samples: Credit Agreement (Intelsat S.A.)

Pro Rata Borrowings. Each Borrowing All Borrowings of Term Loans (other than ------------------- Swingline Loans) under this Agreement shall be granted by incurred from the Lenders Banks pro rata --- ---- on the basis of their outstanding A Term Loans, B Term Loans or Revolving Loan Commitments, as the case may be; provided, that all Borrowings of Revolving -------- Loans made pursuant to a Mandatory Borrowing shall be incurred from the Banks with Revolving Loan Commitments pro rata on the basis of their then-applicable Term Loan Commitments. 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. Each Borrowing of Incremental Term Loans under this Agreement shall be granted by the Lenders pro rata on the basis of their then-applicable Incremental Term Loan CommitmentsAdjusted --- ---- Percentages. 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 1 contract

Samples: Warrant Agreement (Autotote Corp)

Pro Rata Borrowings. Each Borrowing of Term All Loans under this Agreement (other than Swingline Loans) shall be granted made by the Lenders pro rata on the basis of their then-applicable A Term Loan Commitments. Each Borrowing of , B Term Commitments, Bridge Commitments or Revolving Credit Commitments, as the case may be; provided, however, that additional A Term Loans under this Agreement and B Term Loans made on the Restatement Date shall be granted made by the Lenders pro rata based on the basis of their then applicable Revolving Credit Increased A Term Commitments and Increased B Term Commitments. Each Borrowing of Incremental Term Loans under this Agreement shall be granted by the Lenders pro rata on the basis of their then-applicable Incremental Term Loan 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 hereunderereunder, regardless of the failure of any other Lender to fulfill its commitments hereunder.. 1.08

Appears in 1 contract

Samples: Credit Agreement (Peebles Inc)

Pro Rata Borrowings. Each Borrowing All Borrowings of Term (i) Revolving Loans under this Agreement shall be granted by incurred from the Revolving Lenders pro rata on the basis of their then-applicable Term Revolving Loan Commitments. Each Borrowing of Revolving Credit , (ii) Tranche A Term Loans under this Agreement shall be granted by incurred from the Tranche A Term Lenders pro rata on the basis of their then applicable Revolving Credit Commitments. Each Borrowing of Incremental Tranche A Term Loan Commitments and (iii) Tranche B Term Loans under this Agreement shall be granted by incurred from the Tranche B Term Lenders pro rata on the basis of their then-applicable Incremental Tranche B 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 1 contract

Samples: Credit Agreement (Trico Marine Services Inc)

Pro Rata Borrowings. Each Borrowing All Borrowings of Term Loans under this Agreement shall be granted by incurred from the Lenders Banks pro rata on the basis of their then-applicable Term Loan CommitmentsCommitments (and after the termination thereof, Term Loans). Each Borrowing All Borrowings of Revolving Credit Loans under this Agreement shall be granted incurred by the Lenders Borrower from the Banks pro rata on the basis of their then applicable Revolving Credit Loan Commitments. Each , provided that all Borrowings of Revolving Loans made pursuant to a Mandatory Borrowing of Incremental Term Loans under this Agreement shall be granted by incurred from the Lenders XX Xxxxx pro rata on the basis of their then-applicable Incremental Term Loan CommitmentsRevolving Percentages. 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 its commitments hereunder.

Appears in 1 contract

Samples: Credit Agreement (Consolidated Container Co LLC)

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