Common use of Pro-rata Recovery Clause in Contracts

Pro-rata Recovery. If any Bank shall obtain any payment or other recovery (whether voluntary, involuntary, by application of offset or otherwise) on account of principal of, or interest on, any of the Notes (or on account of its participation in any Letter of Credit) in excess of its pro rata share of payments then or thereafter obtained by all Banks upon principal of and interest on all Notes (or such participation), such Bank shall purchase from the other Banks such participations in the Notes (or subparticipations in the Letters of Credit) held by them as shall be necessary to cause such purchasing Bank to share the excess payment or other recovery ratably in accordance with the Percentages of the Revolving Credit with each of them; provided, however, that if all or any portion of the excess payment or other recovery is thereafter recovered from such purchasing holder, the purchase shall be rescinded and the purchase price restored to the extent of such recovery, but without interest.

Pro-rata Recovery. If any Bank shall obtain any payment or other recovery (whether voluntary, involuntary, by application of offset or otherwise) on account of principal of, or interest on, any of the Revolving Credit Notes (or on account of its participation in any Letter of Credit) Term Notes in excess of its pro rata share of payments then or thereafter obtained by all Banks upon principal of and interest on all Revolving Credit Notes (or such participation)and Term Notes, such Bank shall purchase from the other Banks such participations in the Revolving Credit Notes (or subparticipations in the Letters of Credit) and Term Notes held by them as shall be necessary to cause such purchasing Bank to share the excess payment or other recovery ratably in accordance with the Percentages of the Revolving Credit Percentage with each of them; provided, however, that if all or any portion of the excess payment or other recovery is thereafter recovered from such purchasing holder, the purchase shall be rescinded and the purchase price restored to the extent of such recovery, but without interest.

Pro-rata Recovery. If any Bank shall obtain any payment or other recovery (whether voluntary, involuntary, by application of offset or otherwise) on account of principal of, or interest on, any of the Notes (or on account of its participation in any Letter of Credit) in excess of its pro rata share of payments then or thereafter obtained by all Banks upon principal of and interest on all Notes (or such participation), such Bank shall purchase from the other Banks such participations in the Notes (or subparticipations in the Letters of Credit) held by them as shall be necessary to cause such purchasing Bank to share the excess payment or other recovery ratably in accordance with the Percentages of the Revolving Credit or of the Term Loan, as the case may be, with each of them; provided, however, that if all or any portion of the excess payment or other recovery is thereafter recovered from such purchasing holder, the purchase shall be rescinded and the purchase price restored to the extent of such recovery, but without interest.

Pro-rata Recovery. If any Bank Lender shall obtain any payment or other recovery (whether voluntary, involuntary, by application of offset or otherwise) on account of principal of, or interest on, any of the Notes (or on account of its participation in any Letter of Credit) Indebtedness in excess of its pro rata share of payments then or thereafter obtained by all Banks Lenders upon principal of and interest on all Notes (or such participation)Indebtedness, such Bank Lender shall purchase from the other Banks Lenders such participations in the Notes (or subparticipations in Revolving Credit, the Letters of Credit) Term Loan and/or Reimbursement Obligation held by them as shall be necessary to cause such purchasing Bank Lender to share the excess payment or other recovery ratably in accordance with the Percentages of the Revolving Credit Weighted Percentage with each of them; provided, however, that if all or any portion of the excess payment or other recovery is thereafter recovered from such purchasing holder, the purchase shall be rescinded and the purchase price restored to the extent of such recovery, but without interest.

Pro-rata Recovery. If any Revolving Credit Bank shall obtain any payment or other recovery (whether voluntary, involuntary, by application of offset or otherwise) on account of principal of, or interest on, any of the Revolving Credit Notes (or on account of its participation in any Letter of Credit) in excess of its pro rata share of payments then or thereafter obtained by all Revolving Credit Banks upon principal of and interest on all Notes (or such participation)Revolving Credit Notes, such Bank shall purchase from the other Revolving Credit Banks such participations in the Revolving Credit Notes (or subparticipations in the Letters of Credit) held by them as shall be necessary to cause such purchasing Revolving Credit Bank to share the excess payment or other recovery ratably in accordance with the Percentages of the Revolving Credit Percentage with each of them; provided, however, that if all or any portion of the excess payment or other recovery is thereafter recovered from such purchasing holder, the purchase shall be rescinded and the purchase price restored to the extent of such recovery, but without interest.

Pro-rata Recovery. If any Bank shall obtain any payment or other recovery (whether voluntary, involuntary, by application of offset or otherwise) on account of principal of, or interest on, any of the Notes (or on account of its participation in any Letter of Credit) in excess of its pro rata share of payments then or thereafter obtained by all Banks upon principal of and interest on all Notes (or such participation), such Bank shall purchase from the other Banks such participations in the Notes (or subparticipations in the Letters of Credit) held by them as shall be necessary to cause such purchasing Bank to share the excess payment or other recovery ratably in accordance with the Percentages of the Revolving Credit or of the Line of Credit, as the case may be, with each of them; provided, however, that if all or any portion of the excess payment or other recovery is thereafter recovered from such purchasing holder, the purchase shall be rescinded and the purchase price restored to the extent of such recovery, but without interest.

Pro-rata Recovery. (a) If any Revolving Credit Bank shall obtain any payment or other recovery (whether voluntary, involuntary, by application of offset or otherwise) on account of principal of, or interest on, any of the Revolving Credit Notes (or on account of its participation in any Letter of Credit) in excess of its pro rata share of payments then or thereafter obtained by all Revolving Credit Banks upon principal of and interest on all Notes (or such participation)Revolving Credit Notes, such Revolving Credit Bank shall purchase from the other Revolving Credit Banks such participations participation in the Revolving Credit Notes (or subparticipations in the Letters of Credit) held by them as shall be necessary to cause such purchasing Revolving Credit Bank to share the excess payment or other recovery ratably in accordance with the Percentages of the Revolving Credit Percentage with each of them; provided, however, that if all or any portion of the excess payment or other recovery is thereafter recovered from such purchasing holder, the purchase shall be rescinded and the purchase price restored to the extent of such recovery, but without interest.

Pro-rata Recovery. If any Bank shall obtain any payment or other recovery (whether voluntary, involuntary, by application of offset setoff or otherwise) on account of principal of, or interest on, any of the Notes (or on account of its participation in any Letter of Credit) Indebtedness in excess of its pro rata share of payments then or thereafter obtained by all Banks upon principal of and interest on all Notes (or such participation)Indebtedness, such Bank shall purchase from the other Banks such participations in the Notes (or subparticipations in Revolving Credit and/or the Letters of Credit) Term Loans, and/or Reimbursement Obligation held by them as shall be necessary to cause such purchasing Bank to share the excess payment or other recovery ratably with the Percentage with each of them in accordance with the applicable Percentages of the Revolving Credit with each of themBanks; provided, however, that if all or any portion of the excess payment or other recovery is thereafter recovered from such purchasing holder, the purchase shall be rescinded and the purchase price restored to the extent of such recovery, but without interest.

Pro-rata Recovery. If any Bank shall obtain any payment or other recovery (whether voluntary, involuntary, by application of offset setoff or otherwise) on account of principal of, or interest on, any of the Notes (or on account of its participation in any Letter of Credit) Indebtedness in excess of its pro rata share of payments then or thereafter obtained by all Banks upon principal of and interest on all Notes (or such participation)Indebtedness, such Bank shall purchase from the other Banks such participations in the Notes (or subparticipations in Revolving Credit and/or the Letters of Credit) Term Loan, and/or Reimbursement Obligation held by them as shall be necessary to cause such purchasing Bank to share the excess payment or other recovery ratably with the Percentage with each of them in accordance with the applicable Percentages of the Revolving Credit with each of themBanks; provided, however, that if all or any portion of the excess payment or other recovery is thereafter recovered from such purchasing holder, the purchase shall be rescinded and the purchase price restored to the extent of such recovery, but without interest.