Pro Rata Shares. All Loans shall be made, and all participations purchased, 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, (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 or purchase a participation required hereby and (iii) no Lender shall be relieved of its obligations to make a Loan requested hereunder as a result of any default by any other Lender in such other Xxxxxx’s obligation to make a Loan requested hereunder.
Appears in 4 contracts
Samples: Credit and Guaranty Agreement (PLBY Group, Inc.), Credit and Guaranty Agreement (PLBY Group, Inc.), Credit and Guaranty Agreement (PLBY Group, Inc.)
Pro Rata Shares. All Loans shall be made, and all participations purchased, by the Lenders simultaneously and proportionately to their respective Pro Rata Sharespro rata shares of the Loans, 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 hereunderhereunder or purchase a participation required hereby nor shall any Revolving Commitment, (ii) no Commitment or the portion of the aggregate outstanding principal amount of the Revolving Loans, of any Revolving Lender shall be increased or decreased as a result of a default by any other Revolving Lender in such other Revolving Lender’s obligation to make a Revolving Loan requested hereunder or purchase a participation required hereby and (iii) no Lender shall be relieved of its obligations to make a Loan requested hereunder as a result of any default by any other Lender in such other Xxxxxx’s obligation to make a Loan requested hereunderhereby.
Appears in 3 contracts
Samples: Credit Agreement (Healthpeak Properties, Inc.), Credit Agreement (Physicians Realty Trust), Credit Agreement (Physicians Realty Trust)
Pro Rata Shares. All Loans shall be made, and all participations purchased, by the Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that (i) the failure of any Lender to fund any such Loan shall not relieve any other Lender of its obligation hereunder and (ii) no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder, (ii) no hereunder or purchase a participation required hereby nor shall any 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 or purchase a participation required hereby and (iii) no Lender shall be relieved of its obligations to make a Loan requested hereunder as a result of any default by any other Lender in such other Xxxxxx’s obligation to make a Loan requested hereunderhereby.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (2U, Inc.), Credit and Guaranty Agreement (2U, Inc.)
Pro Rata Shares. All Loans shall be made, and all participations purchased, 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, (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 or purchase a participation required hereby and (iii) no Lender shall be relieved of its obligations to make a Loan requested hereunder as a result of any default by any other Lender in such other XxxxxxLender’s obligation to make a Loan requested hereunder.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (PLBY Group, Inc.), Credit and Guaranty Agreement (PLBY Group, Inc.)
Pro Rata Shares. All Loans shall be made, and all participations purchased, by the Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being . It is 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, (ii) no hereunder or purchase a participation required hereby nor shall any 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 or purchase a participation required hereby and (iiiii) no each Lender shall be relieved of its obligations obligated to make a Loan requested hereunder as a result the Loans provided to be made by it hereunder, regardless of any default by the failure of any other Lender in such other Xxxxxx’s obligation to make a Loan requested its Loans hereunder.
Appears in 2 contracts
Samples: Counterpart Agreement (REV Group, Inc.), Intercreditor Agreement (REV Group, Inc.)
Pro Rata Shares. All (i)Except as otherwise provided in this subsection 2.02(c), all Loans under this Agreement shall be made, and all participations purchased, made by the Lenders simultaneously and proportionately to their respective Pro Rata SharesShares of the total Initial Term Loan Commitment, it being understood that (i) no Lender shall be responsible for any default by any other Lender in such that other Lender’s obligation obligations to make a Term Loan requested hereunder, (ii) no nor shall the Commitment of any Lender shall be increased or decreased as a result of a the default by any other Lender in such that other Lender’s obligation to make a Term Loan requested hereunder or purchase a participation required hereby hereunder, and (iii) no each Lender shall be relieved of its obligations obligated to make a Loan requested hereunder as a result the Term Loans required to be made by it by the terms of any default this Agreement regardless of the failure by any other Lender in such other Xxxxxx’s obligation to make a Loan requested hereunderLender.
Appears in 1 contract
Samples: Credit Agreement (Boxlight Corp)
Pro Rata Shares. All Loans shall be made, and all participations purchased, by the Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that (i) the failure of any Lender to fund any such Loan shall not relieve any other Lender of its obligation hereunder and (ii) no Lender shall be responsible for any default by any other Lender in such other Lender’s obligation to make a Loan requested hereunder, (ii) no hereunder or purchase a participation required hereby nor shall any Term Loan Commitment of any Lender shall be increased or decreased as a result of a default by any other Lender in such other LenderXxxxxx’s obligation to make a Loan requested hereunder or purchase a participation required hereby and (iii) no Lender shall be relieved of its obligations to make a Loan requested hereunder as a result of any default by any other Lender in such other Xxxxxx’s obligation to make a Loan requested hereunderhereby.
Appears in 1 contract
