Pro Rata Shares. All Loans shall be made by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder nor shall any Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder.

Appears in 14 contracts

Samples: Credit and Guaranty Agreement (Priority Technology Holdings, Inc.), Joinder and Second Amendment Agreement (Ocwen Financial Corp), Lease Agreement (OneWater Marine Inc.)

Pro Rata Shares. All Revolving Loans shall be made by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Revolving Loan requested hereunder nor shall any Revolving Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Revolving Loan requested hereunder.

Appears in 12 contracts

Samples: Credit Agreement (Employers Holdings, Inc.), Credit Agreement (On Deck Capital, Inc.), Credit Agreement (On Deck Capital, Inc.)

Pro Rata Shares. All Loans shall be made by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested ~~hereunder~~ hereunder, nor shall any Term Loan Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder.

Appears in 10 contracts

Samples: Abl Credit Agreement (B. Riley Financial, Inc.), Credit Agreement (B. Riley Financial, Inc.), Credit Agreement (Franchise Group, Inc.)

Pro Rata Shares. All Loans shall be made by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested ~~hereunder nor shall any Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested~~ hereunder.

Appears in 8 contracts

Samples: Credit Agreement (Kennedy Lewis Capital Co), Credit Agreement and Margining Agreement (Blue Owl Technology Income Corp.), Credit Agreement (Kennedy Lewis Capital Co)

Pro Rata Shares. All Loans shall be made by ~~Lenders~~ the Lender, simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder nor shall any Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder.

Appears in 6 contracts

Samples: Credit Agreement (FlexShopper, Inc.), Credit Agreement (FlexShopper, Inc.), Credit Agreement (FlexShopper, Inc.)

Pro Rata Shares. All Loans shall be made by the Lenders on the applicable Credit Date simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to ~~make a~~ fund its Pro Rata Share of any Loan ~~requested hereunder~~ nor shall any Commitment of any Lender be increased or decreased as a result of such a default by any other ~~Lender in such other~~ Lender~~’s obligation to make a Loan requested hereunder~~.

Appears in 6 contracts

Samples: Sixth Amendment Agreement (Mogo Inc.), First Amendment Agreement (Mogo Inc.), Revolving Credit and Guarantee Agreement (Mogo Inc.)

Pro Rata Shares. All Loans shall be made by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder nor shall any Term Loan Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested ~~hereunder~~hereunder or purchase a participation required hereby.

Appears in 5 contracts

Samples: Financing Agreement (BridgeBio Pharma, Inc.), Financing Agreement (BridgeBio Pharma, Inc.), Financing Agreement (TherapeuticsMD, Inc.)

Pro Rata Shares. ~~All Loans~~ Any Loan requested on a Credit Date shall be made by the applicable Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder nor shall any Term Loan Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder.

Appears in 4 contracts

Samples: Credit and Guaranty Agreement (Cit Group Inc), Collateral Agreement (Cit Group Inc), Lease Agreement (Cit Group Inc)

Pro Rata Shares. All Loans on the occasion of any Borrowing shall be made by the Lenders ~~simultaneously and~~ proportionately to their respective Pro Rata Shares, it being understood that (i) no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder ~~nor shall any~~ and (ii) no Commitment of any Lender shall be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder.

Appears in 4 contracts

Samples: Credit Agreement, Credit Agreement (Facebook Inc), Credit Agreement (Facebook Inc)

Pro Rata Shares. All Loans shall be made by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s 's obligation to make a Loan requested hereunder nor shall any Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s 's obligation to make a Loan requested hereunder.

Appears in 4 contracts

Samples: Financing Agreement (Global Geophysical Services Inc), Settlement Agreement, Credit and Guaranty Agreement (Sanmina-Sci Corp)

Pro Rata Shares. All Loans shall be made by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested ~~hereunder~~hereunder or purchase a participation required hereby.

Appears in 4 contracts

Samples: Fifth Amendment (Tiptree Inc.), Credit Agreement (Tiptree Financial Inc.), Credit and Guaranty Agreement (Mills Corp)

Pro Rata Shares. All Loans shall be ~~made~~ made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder nor shall any Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Valeant Pharmaceuticals International), Credit and Guaranty Agreement (Aeroflex Inc), Credit and Guaranty Agreement (Aeroflex Inc)

Pro Rata Shares. All Loans shall be made by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested ~~hereunder.~~hereunder or purchase a participation required hereby. (b)

Appears in 3 contracts

Samples: MSW Credit Agreement (New Fortress Energy Inc.), Credit Agreement (New Fortress Energy Inc.), Assignment and Acceptance Agreement (New Fortress Energy Inc.)

Pro Rata Shares. All Loans shall be made by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder nor shall any ~~Commitment~~ Revolving Commitments of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder.

Appears in 3 contracts

Samples: Credit Agreement, Credit Agreement (PVH Corp. /De/), Credit Agreement (PVH Corp. /De/)

Pro Rata Shares. ~~All~~ The Loans shall be made by the Lenders simultaneously and proportionately to their respective Pro Rata ~~Shares~~Shares (determined as of the Credit Date), it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a its Loan ~~requested~~ hereunder nor shall any Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a its Loan ~~requested~~ hereunder.

Appears in 2 contracts

Samples: Bridge Loan Agreement (Hospira Inc), Term Loan Agreement (Hospira Inc)

Pro Rata Shares. All Loans shall be made by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood ~~that~~ that, subject to Section 2.18, no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder nor shall any Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Molycorp, Inc.), Credit Agreement (Molycorp, Inc.)

Pro Rata Shares. All Loans shall be made by Lenders simultaneously and proportionately to their applicable respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder nor shall any Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Kv Pharmaceutical Co /De/), Credit and Guaranty Agreement (Kv Pharmaceutical Co /De/)

Pro Rata Shares. All Loans shall be ~~made~~ made, and all participations purchased, by the Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder nor shall any Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested ~~hereunder~~hereunder or purchase a participation required hereby.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (TiVo Corp), Patent Security Agreement (BlueLinx Holdings Inc.)

Pro Rata Shares. All Term Loans shall be made by the Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s 's obligation to make a Term Loan requested hereunder nor shall any Term Loan Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s 's obligation to make a Term Loan requested hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Calpine Corp), Credit and Guaranty Agreement (Tesoro Petroleum Co Inc)

Pro Rata Shares. All Loans shall be made by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder nor shall any Term Loan Commitment or any Delayed Draw Term Loan Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Ascend Wellness Holdings, LLC), Credit and Guaranty Agreement

Pro Rata Shares. All Term Loans shall be ~~made~~ made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Term Loan requested hereunder nor shall any Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Term Loan requested hereunder.

Appears in 2 contracts

Samples: Credit Agreement (New Fortress Energy LLC), Credit Agreement (NFE Financial Holdings LLC)

Pro Rata Shares. All Loans (other than the Incremental Term Loans) shall be made by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder nor shall any Term Loan Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested ~~hereunder~~hereunder or purchase a participation required hereby.

Appears in 2 contracts

Samples: Financing Agreement (Tg Therapeutics, Inc.), Financing Agreement (Blueprint Medicines Corp)

Pro Rata Shares. All Loans shall be ~~made~~ made, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder nor shall any Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Och-Ziff Capital Management Group LLC), Credit and Guaranty Agreement (Och-Ziff Capital Management Group LLC)

Pro Rata Shares. All Loans shall be made by the applicable Lenders simultaneously and ~~proportionately to~~ in accordance with their respective Pro Rata ~~Shares~~Shares of the applicable Facility, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder nor shall any Revolving Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder.

Appears in 2 contracts

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

Pro Rata Shares. All Loans shall be made by the Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder nor shall any Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Ambac Financial Group Inc), Credit Agreement (National Semiconductor Corp)

Pro Rata Shares. All Loans of each Class shall be made by Lenders simultaneously and proportionately to their respective Pro Rata ~~Shares~~Shares for such Class, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any Term Loan Commitment or any Revolving Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Sculptor Capital Management, Inc.), Credit and Guaranty Agreement (Sculptor Capital Management, Inc.)

Pro Rata Shares. All Loans of any Class shall be made by Lenders simultaneously and proportionately to their respective Pro Rata ~~Shares~~Shares with respect to such Class, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder ~~nor shall any Commitment of any Lender be increased~~ or ~~decreased as~~ purchase a ~~result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder~~participation required hereby.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Aeroflex Holding Corp.), Credit and Guaranty Agreement (Aeroflex Holding Corp.)

Pro Rata Shares. All Loans shall be made by Lenders simultaneously and proportionately to their respective Pro Rata ~~Shares~~Shares for such Loan, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder ~~nor shall any~~ and no Commitment of any Lender shall be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder.

Appears in 1 contract

Samples: Credit Agreement (Energy & Exploration Partners, Inc.)

Pro Rata Shares. All Initial Loans shall be made by the Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a an Initial Loan requested hereunder nor shall any Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a an Initial Loan requested hereunder.

Appears in 1 contract

Samples: Credit Agreement (Genworth Financial Inc)

Pro Rata Shares. All Loans shall be made by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender~~’s obligation to make a Loan requested hereunder nor shall any Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s~~ 's obligation to make a Loan requested hereunder.

Appears in 1 contract

Samples: Credit Agreement (FS Investment Corp III)

Pro Rata Shares. All Loans shall be made by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s 's obligation to make a Loan requested hereunder nor shall any Term Loan Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s 's obligation to make a Loan requested ~~hereunder~~hereunder or purchase a participation required hereby.

Appears in 1 contract

Samples: Financing Agreement (TherapeuticsMD, Inc.)

Pro Rata Shares. All Term Loans shall be made by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Term Loan requested hereunder or purchase a participation required hereby nor shall any Term Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Term Loan requested ~~hereunder~~hereunder or purchase a participation required hereby.

Appears in 1 contract

Samples: Loan and Security Agreement (Horizon Pharma, Inc.)

Pro Rata Shares. All Loans shall be made by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that the obligations of the Lenders hereunder are several, and no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder nor shall any Term Loan Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder.

Appears in 1 contract

Samples: Term Loan and Guaranty Agreement (TerraForm Power, Inc.)

Pro Rata Shares. All Loans shall be made by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s 's obligation to make a Loan requested hereunder nor shall any Term Loan Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s 's obligation to make a Loan requested hereunder.

Appears in 1 contract

Samples: Financing Agreement (Global Geophysical Services Inc)

Pro Rata Shares. All Term Loans shall be made by the relevant Lenders simultaneously and proportionately to their respective Pro Rata ~~Shares, it being understood that no~~ Shares of the Commitments with respect to such Term Loans. No Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Term Loan requested hereunder nor shall any Term Loan Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Term Loan requested hereunder.

Appears in 1 contract

Samples: Credit and Guaranty Agreement

Pro Rata Shares. All Loans shall be ~~made~~ made, by ~~Lenders~~ Banks simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no ~~Lender~~ Bank shall be responsible for any default by any other ~~Lender~~ Bank in such other ~~Lender~~Bank’s obligation to make a Loan requested hereunder nor shall any Commitment of any ~~Lender~~ Bank be increased or decreased as a result of a default by any other ~~Lender~~ Bank in such other ~~Lender~~Bank’s obligation to make a Loan requested hereunder.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Xerium Technologies Inc)

Pro Rata Shares. All Loans shall be made by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested ~~hereunder nor shall any Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested~~ hereunder.. (b)

Appears in 1 contract

Samples: Credit Agreement (New Mountain Guardian III BDC, L.L.C.)

Appears in 1 contract

Samples: New Residential Investment Corp.

Pro Rata Shares. All Loans shall be made by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any Term Loan Commitment or any Revolving Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested ~~hereunder~~hereunder or purchase a participation required hereby.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Handleman Co /Mi/)

Pro Rata Shares. All Term Loans shall be made by Lenders ~~simultaneously and~~ proportionately to their respective Pro Rata Shares, it being understood that (i) no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Term Loan requested hereunder ~~nor shall any~~ and (ii) no Term Loan Commitment of any Lender shall be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Term Loan requested hereunder.

Appears in 1 contract

Samples: Credit and Guarantee Agreement (Griffon Corp)

Pro Rata Shares. All Loans shall be made by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder nor shall any Term Loan Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other ~~Lender~~Xxxxxx’s obligation to make a Loan requested ~~hereunder~~hereunder or purchase a participation required hereby.

Appears in 1 contract

Samples: Financing Agreement (Apellis Pharmaceuticals, Inc.)

Pro Rata Shares. All Revolving Loans shall be made by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other ~~Lender~~Xxxxxx’s obligation to make a Revolving Loan requested hereunder nor shall any Revolving Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Revolving Loan requested hereunder.

Appears in 1 contract

Samples: Credit Agreement (Employers Holdings, Inc.)

Pro Rata Shares. All Loans shall be ~~made~~ made, and, subject to adjustments pursuant to Section 2.21, all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other ~~Lender in such other~~ Lender’s obligation to make a Loan requested hereunder nor shall any Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Priority Technology Holdings, Inc.)

Pro Rata Shares. All Revolving Loans shall be made by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s 's obligation to make a Revolving Loan requested hereunder nor shall any Revolving Loan Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s 's obligation to make a Revolving Loan requested hereunder.

Appears in 1 contract

Samples: Revolving Loan and Guaranty Agreement (Fedders Corp /De)

Pro Rata Shares. All Loans shall be made by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s 's obligation to make a Loan requested hereunder nor shall ~~any~~ the Revolving Credit Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s 's obligation to make a Loan requested hereunder.

Appears in 1 contract

Samples: Credit Agreement (Tridex Corp)

Pro Rata Shares. All Term Loans shall be made by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s 's obligation to make a Loan requested hereunder nor shall any Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s 's obligation to make a Loan requested hereunder.

Appears in 1 contract

Samples: Financing Agreement (Usa Technologies Inc)

Pro Rata Shares. All Loans shall be ~~made~~ made, and all participations purchased, by the Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder nor shall any Revolving Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested ~~hereunder~~hereunder or purchase a participation required hereby.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (TiVo Corp)

Pro Rata Shares. All Loans shall be made by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder or purchase a participation required hereby nor shall any Term Loan Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested ~~hereunder~~hereunder or purchase a participation required hereby.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Keystone Automotive Operations Inc)

Pro Rata Shares. All Term Loans shall be made by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Term Loan requested hereunder nor shall any Term Loan Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Term Loan requested ~~hereunder~~hereunder or purchase a participation required hereby.

Appears in 1 contract

Samples: Loan Agreement (XOMA Corp)

Pro Rata Shares. All Term Loans shall be made by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Term Loan requested hereunder nor shall any Term Loan Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a the Term Loan requested hereunder.

Appears in 1 contract

Samples: Term Loan Agreement (Globe Specialty Metals Inc)

Pro Rata Shares. All Term Loans shall be made by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s 's obligation to make a Term Loan requested hereunder nor shall any Term Loan Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s 's obligation to make a Term Loan requested hereunder.

Appears in 1 contract

Samples: Term Loan and Guaranty Agreement (Fedders Corp /De)

Pro Rata Shares. All Loans (other than fees paid in kind in accordance with the terms of the Facility Documents, which shall be paid as set forth therein) shall be made by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder nor shall any Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder.

Appears in 1 contract

Samples: First Lien Credit Agreement (CURO Group Holdings Corp.)

Pro Rata Shares. All Loans shall be made ~~by Lenders~~ simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s 's obligation to make a Loan requested hereunder nor shall any Term Loan Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s 's obligation to make a Loan requested hereunder.. SECOND LIEN CREDIT AGREEMENT EXECUTION 26

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Carmike Cinemas Inc)

Pro Rata Shares. All Term Loans shall be made by the applicable Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Term Loan requested hereunder nor shall any Term Loan Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Term Loan requested hereunder.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (21st Century Oncology Holdings, Inc.)

Pro Rata Shares. All Loans shall be ~~made~~ made, and all participations purchased, by the Lenders simultaneously and proportionately to their respective ~~Pro Rata Shares~~pro rata shares of the Loans, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder nor shall any Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder.other

Appears in 1 contract

Samples: Credit Agreement (Physicians Realty Trust)

Pro Rata Shares. All Term Loans shall be made by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Term Loan requested hereunder nor shall any Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Term Loan requested hereunder.

Appears in 1 contract

Samples: Credit Agreement (Healing Co Inc.)

Pro Rata Shares. All Term Loans shall be made by ~~Lenders~~ Xxxxxxx simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder nor shall any Term Loan Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder. Protective Advance fundings shall be ratably allocated to each Lender holding Term Loans according to their holdings of Term Loans.

Appears in 1 contract

Samples: Financing Agreement (Danimer Scientific, Inc.)

Pro Rata Shares. ~~All~~ Lenders will make all Loans ~~shall be made by Lenders~~ simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender ~~shall~~ will be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested ~~hereunder~~ under this Agreement, nor ~~shall~~ will any Term Loan Commitment or any Revolving Loan Commitment of any Lender be increased or decreased as a result of a any such default by any other ~~Lender in such other~~ Lender~~’s obligation to make a Loan requested hereunder~~.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Inovalon Holdings, Inc.)

Appears in 1 contract

Samples: Credit Agreement (Tiptree Inc.)

Pro Rata Shares. All Loans shall be made by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in with respect to such other Lender’s obligation to make a Loan requested ~~hereunder~~ hereunder, nor shall any Term Loan Commitment of any Lender be increased or decreased as a result of a default by any other Lender in with respect to such other Lender’s obligation to make a Loan requested hereunder.

Appears in 1 contract

Samples: Second Lien Credit Agreement (Great Lakes Dredge & Dock CORP)

Pro Rata Shares. All Loans on the occasion of the Borrowing shall be made by the Lenders ~~simultaneously and~~ proportionately to their respective Pro Rata Shares, it being understood that (i) no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder ~~nor shall any~~ and (ii) no Commitment of any Lender shall be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder.

Appears in 1 contract

Samples: Bridge Loan Agreement (Facebook Inc)

Pro Rata Shares. All Loans shall be made by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s 's obligation to make a Loan requested hereunder nor shall ~~any~~ the Overadvance Loan Commitment or the Revolving Credit Commitment of any Overadvance Lender or Revolving Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s 's obligation to make a Loan requested hereunder.

Appears in 1 contract

Samples: Security Agreement (Scan Optics Inc)

Pro Rata Shares. ~~All Loans~~ The Loan shall be ~~made~~ made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder nor shall any Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder.such

Appears in 1 contract

Samples: Credit Agreement (Xcel Energy Inc)

Pro Rata Shares. All Loans shall be made by the applicable Lenders simultaneously and ~~proportionately to~~ in accordance with their respective Pro Rata ~~Shares~~Shares of the applicable Facility, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder nor shall any Term Loan Commitment or any Revolving Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder.

Appears in 1 contract

Samples: Credit Agreement (NMI Holdings, Inc.)

Pro Rata Shares. All Loans shall be made by the Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s 's obligation to make ~~a Loan requested hereunder nor shall any Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested~~ the Loans hereunder.

Appears in 1 contract

Samples: Credit Agreement

Pro Rata Shares. All Loans shall be ~~made~~ made, and all participations purchased, by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s 's obligation to make a Loan requested hereunder nor shall any Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s 's obligation to make a Loan requested hereunder.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Amscan Holdings Inc)

Pro Rata Shares. All Loans shall be made by the Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder nor shall any Term Loan Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder.

Appears in 1 contract

Samples: Intercreditor Agreement (Fairmount Santrol Holdings Inc.)

Pro Rata Shares. All Loans shall be made by Lenders simultaneously and proportionately to their respective Pro Rata ~~Shares~~Shares (net of a 1.0% discount referred to in subsection 2.1(a)), it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s 's obligation to make a Loan requested hereunder nor shall any Term Loan Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s 's obligation to make a Loan requested hereunder.

Appears in 1 contract

Samples: Pledge and Security Agreement (American Reprographics CO)

Pro Rata Shares. All Loans shall be made by Lenders simultaneously and proportionately to their respective applicable Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder nor shall any Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Visteon Corp)

Pro Rata Shares. All Loans shall be made by Lenders simultaneously and proportionately to their respective ~~Pro Rata Shares~~Commitments, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder nor shall any Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (J C Penney Co Inc)

Pro Rata Shares. EXHIBIT 4.1 All Initial Loans shall be made by the Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a an Initial Loan requested hereunder nor shall any Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a an Initial Loan requested hereunder.

Appears in 1 contract

Samples: Guarantee and Security Agreement (NMI Holdings, Inc.)

Pro Rata Shares. All Loans shall be made by the Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder nor shall any Delayed Draw Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder.

Appears in 1 contract

Samples: Credit Agreement (F45 Training Holdings Inc.)

Pro Rata Shares. ~~All Loans~~ The Term Loan shall be made by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a the Term Loan requested hereunder nor shall any Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a the Term Loan requested hereunder.

Appears in 1 contract

Samples: Financing Agreement (Federal Signal Corp /De/)

Appears in 1 contract

Samples: Credit and Guaranty Agreement (TerraForm Power, Inc.)

Pro Rata Shares. All Loans shall be made by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder nor shall any Closing Date Term Loan Commitment or New Term Loan Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder.

Appears in 1 contract

Samples: Second Lien Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC)

Pro Rata Shares. All Loans shall be made by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder nor shall any Loan Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder.

Appears in 1 contract

Samples: Senior Credit and Guaranty Agreement (Pogo Producing Co)

Pro Rata Shares. All Term Loans shall be made by the Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Term Loan requested hereunder nor shall any Term Loan Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Term Loan requested hereunder.

Appears in 1 contract

Samples: Security Agreement (Pioneer Energy Services Corp)

Pro Rata Shares. All Loans shall be made by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder nor shall any Term Loan Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (EVO Transportation & Energy Services, Inc.)

Common use of Pro Rata Shares Clause in Contracts