Common use of Pro Rata Treatment Among Lenders Clause in Contracts

Pro Rata Treatment Among Lenders. Except as otherwise provided herein: (i) each scheduled payment of principal and Basic Interest on the Loans, if timely paid by Borrower, and any voluntary prepayments of principal, shall be paid to the Lenders according to the amortization schedule provided for in each Lender’s Note evidencing such Loans (in the event such scheduled payment is less than the aggregate amount due to be paid to all Lenders under their Notes, but prior to any acceleration of the Notes, such payment shall be allocated Pro Rata among the Lenders in proportion to the regular installment amounts provided in the Notes); and (ii) all Terminal Payments shall be allocated Pro Rata among the Lenders. If any payment under clause (i) or (ii) of this Section 2.8 is not paid Pro Rata among the Lenders, whether as a result of the Borrower’s failure to make a particular payment to one or more Lenders while paying other Lenders, or otherwise, then each Lender that has actually received a payment in excess of its Pro Rata share shall promptly remit to the other Lender who received no payment or payment less than its Pro Rata share such amount as is necessary to ensure the Pro Rata treatment of such payment and make such other adjustments from time to time as shall be equitable, to the end that all Lenders shall share in such payments Pro Rata in the aforesaid manner (however, no such adjustments shall affect the calculation of Pro Rata items or the determination of Majority Lenders). If prior to all Obligations of Borrower to the Lenders having been paid in full, any action to realize upon the Collateral is taken following an Event of Default, then proceeds of Collateral and any other payments or distributions received on account of the Loans shall be distributed in accordance with the terms of this Agreement.

Appears in 2 contracts

Samples: Loan and Security Agreement (BTHC VI Inc), Loan and Security Agreement (Athersys, Inc / New)

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Pro Rata Treatment Among Lenders. Except as otherwise provided herein: (i) each borrowing from the Lenders under Section 2.1 hereof will be made by them in proportion to their respective Commitments; (ii) each scheduled payment of principal and Basic Interest on the Loans, if timely paid by Borrower, Borrower and any voluntary prepayments of principal, shall be paid to the Lenders according to the amortization schedule provided for in each Lender’s 's Note evidencing such Loans (in the event such scheduled payment is less than the aggregate amount due to be paid to all Lenders under their Notes, but prior to any acceleration of the Notes, such payment shall be allocated Pro Rata ratably among the Lenders in proportion to the regular installment amounts provided in the Notes); and (iiiii) all Terminal Payments shall be allocated Pro Rata among the Lenders. If any payment under clause (iii) or (iiiii) of this Section 2.8 is not paid Pro Rata ratably among the Lenders, whether as a result of the Borrower’s 's failure to make a particular payment to one or more Lenders while paying other Lenders, or otherwise, then each Lender that has actually received a payment in excess of its Pro Rata ratable share shall promptly remit to the other purchase from each Lender who received no payment or payment less than its Pro Rata ratable share a participation in the Loans held by such amount as is necessary to ensure the Pro Rata treatment of Lender in such payment amount, and make such other adjustments from time to time as shall be equitable, to the end that all Lenders shall share in such payments Pro Rata pro rata in the aforesaid manner (however, no such adjustments shall affect the calculation of Pro Rata items or the determination of Majority Lenders)manner. If prior to all Obligations Loans and other obligations of Borrower to the Lenders having been paid in full, any action to realize upon the Collateral is taken following an Event of Defaultdefault by the Borrower, then proceeds of Collateral and any other payments or distributions received on account of the Loans shall be distributed in accordance with Pro Rata among all of the terms of this AgreementLenders.

Appears in 1 contract

Samples: Loan Agreement (Corvis Corp)

Pro Rata Treatment Among Lenders. Except as otherwise provided herein: (ia) each scheduled borrowing of Revolving Credit Loans from the Lenders under Section 2.1(a) will be made from the Lenders and each payment of principal each Fee (other than the Agency Fee and Basic Interest on the Loans, if timely paid by Borrower, and any voluntary prepayments of principal, Fees payable pursuant to Section 2.7(c)) shall be paid to made for the account of the Lenders pro rata according to the amortization schedule provided for in amount of their respective Revolving Percentages; (b) each partial reduction of the Total Revolving Credit Commitment shall be applied to the Revolving Credit Commitments of the Lenders pro rata according to each Lender’s Note evidencing such respective Revolving Percentage; (c) each payment and repayment of principal of or interest on Revolving Credit Loans (in the event such scheduled payment is less than the aggregate amount due to will be paid to all Lenders under their Notes, but prior to any acceleration of the Notes, such payment shall be allocated Pro Rata among the Lenders in proportion made to the regular installment amounts provided in Administrative Agent for the Notes); and (ii) all Terminal Payments shall be allocated Pro Rata among the Lenders. If any payment under clause (i) or (ii) of this Section 2.8 is not paid Pro Rata among the Lenders, whether as a result of the Borrower’s failure to make a particular payment to one or more Lenders while paying other Lenders, or otherwise, then each Lender that has actually received a payment in excess of its Pro Rata share shall promptly remit to the other Lender who received no payment or payment less than its Pro Rata share such amount as is necessary to ensure the Pro Rata treatment of such payment and make such other adjustments from time to time as shall be equitable, to the end that all Lenders shall share in such payments Pro Rata in the aforesaid manner (however, no such adjustments shall affect the calculation of Pro Rata items or the determination of Majority Lenders). If prior to all Obligations of Borrower to the Lenders having been paid in full, any action to realize upon the Collateral is taken following an Event of Default, then proceeds of Collateral and any other payments or distributions received on account of the Loans shall be distributed Lenders pro rata in accordance with the terms respective unpaid principal amounts of this Agreementthe Revolving Credit Loans held by such Lenders; (d) each conversion of Revolving Credit Loans of a particular Type under Section 2.17 (other than conversions provided for by Section 2.20 or 2.21) shall be made pro rata among the Lenders holding Revolving Credit Loans of such Type according to the respective principal amounts of such Revolving Credit Loans held by such Lenders; (e) each payment by the Borrower of principal of Bid Loans made as part of the same Bid Loan Borrowing shall be made and applied for the account of the Lenders holding such Bid Loans pro rata according to the respective unpaid principal amount of such Bid Loans owed to such Lenders and each payment by the Borrower of interest on Bid Loans shall be made and applied for the account of the Lenders holding such Bid Loans pro rata according to the respective accrued but unpaid interest on the Bid Loans owed to such Lenders.

Appears in 1 contract

Samples: Loan Agreement (Health Care Reit Inc /De/)

Pro Rata Treatment Among Lenders. Except as otherwise provided herein: (i) each scheduled borrowing of Revolving Credit Loans, Term Loans, Acquisition Loans or Incremental Facility Loans of any Series will be made from the Lenders PRO RATA according to their respective Commitments with respect to such Tranche of Loans, as applicable; (ii) each payment of principal and Basic Interest on the Loanseach Revolving Credit Commitment Fee, if timely paid by BorrowerAcquisition Loan Commitment Fee, and any voluntary prepayments Letter of principal, Credit Fee (other than the Issuing Bank Fee) shall be paid made for the account of the Lenders PRO RATA according to their respective applicable Commitments; (iii) each partial reduction of the Revolving Credit Commitments, Acquisition Loan Commitments or Incremental Facility Commitments of any Series shall be applied to the applicable Tranche of Commitments of each Lender PRO RATA according to each Lender's respective Commitment with respect to such Tranche; (iv) each conversion of Loans of a particular type under Section 2.19 (other than conversions provided for by Section 2.23 or 2.24) will be made PRO RATA among the Lenders holding Loans of such type according to the amortization schedule provided for in each Lender’s Note evidencing respective principal amounts of such Loans held by such Lenders; (in the event such scheduled v) each payment is less than the aggregate amount due to and prepayment of principal of or interest on Loans of a particular Tranche will be paid to all Lenders under their Notes, but prior to any acceleration of the Notes, such payment shall be allocated Pro Rata among the Lenders in proportion made to the regular installment amounts provided in Agent for the Notes); and (ii) all Terminal Payments shall be allocated Pro Rata among the Lenders. If any payment under clause (i) or (ii) of this Section 2.8 is not paid Pro Rata among the Lenders, whether as a result of the Borrower’s failure to make a particular payment to one or more Lenders while paying other Lenders, or otherwise, then each Lender that has actually received a payment in excess of its Pro Rata share shall promptly remit to the other Lender who received no payment or payment less than its Pro Rata share such amount as is necessary to ensure the Pro Rata treatment of such payment and make such other adjustments from time to time as shall be equitable, to the end that all Lenders shall share in such payments Pro Rata in the aforesaid manner (however, no such adjustments shall affect the calculation of Pro Rata items or the determination of Majority Lenders). If prior to all Obligations of Borrower to the Lenders having been paid in full, any action to realize upon the Collateral is taken following an Event of Default, then proceeds of Collateral and any other payments or distributions received on account of the Lenders holding Loans shall be distributed of such Tranche PRO RATA in accordance with the terms respective unpaid principal amounts of this Agreementsuch Loans held by such Lenders; (vi) each purchase by Revolving Credit Lenders of a participation in each Letter of Credit issued by the Issuing Bank under ARTICLE III hereof will be made by such Lenders in accordance with such Lender's Revolving Credit Commitment Percentage; and (vii) Interest Periods for Loans of a particular type shall be allocated among the Lenders holding Loans of such type PRO RATA according to the respective principal amounts of such Loans held by such Lenders.

Appears in 1 contract

Samples: Credit Agreement (Saga Communications Inc)

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Pro Rata Treatment Among Lenders. Except as otherwise provided herein: (i) each scheduled borrowing of Revolving Credit Loans, Term Loans, Acquisition Loans or Incremental Facility Loans of any Series will be made from the Lenders pro rata according to their respective Commitments with respect to such Tranche of Loans, as applicable; (ii) each payment of principal and Basic Interest on the Loanseach Revolving Credit Commitment Fee, if timely paid by BorrowerAcquisition Loan Commitment Fee, and any voluntary prepayments Letter of principal, Credit Fee (other than the Issuing Bank Fee) shall be paid made for the account of the Lenders pro rata according to their respective applicable Commitments; (iii) each partial reduction of the Revolving Credit Commitments, Acquisition Loan Commitments or Incremental Facility Commitments of any Series shall be applied to the applicable Tranche of Commitments of each Lender pro rata according to each Lender's respective Commitment with respect to such Tranche; (iv) each conversion of Loans of a particular type under Section 2.19 (other than conversions provided for by Section 2.23 or 2.24) will be made pro rata among the Lenders holding Loans of such type according to the amortization schedule provided for in each Lender’s Note evidencing respective principal amounts of such Loans held by such Lenders; (in the event such scheduled v) each payment is less than the aggregate amount due to and prepayment of principal of or interest on Loans of a particular Tranche will be paid to all Lenders under their Notes, but prior to any acceleration of the Notes, such payment shall be allocated Pro Rata among the Lenders in proportion made to the regular installment amounts provided in Agent for the Notes); and (ii) all Terminal Payments shall be allocated Pro Rata among the Lenders. If any payment under clause (i) or (ii) of this Section 2.8 is not paid Pro Rata among the Lenders, whether as a result of the Borrower’s failure to make a particular payment to one or more Lenders while paying other Lenders, or otherwise, then each Lender that has actually received a payment in excess of its Pro Rata share shall promptly remit to the other Lender who received no payment or payment less than its Pro Rata share such amount as is necessary to ensure the Pro Rata treatment of such payment and make such other adjustments from time to time as shall be equitable, to the end that all Lenders shall share in such payments Pro Rata in the aforesaid manner (however, no such adjustments shall affect the calculation of Pro Rata items or the determination of Majority Lenders). If prior to all Obligations of Borrower to the Lenders having been paid in full, any action to realize upon the Collateral is taken following an Event of Default, then proceeds of Collateral and any other payments or distributions received on account of the Lenders holding Loans shall be distributed of such Tranche pro rata in accordance with the terms respective unpaid principal amounts of this Agreement.such Loans held by such Lenders; (vi) each purchase by Revolving Credit Lenders of a participation in each Letter of Credit issued by the Issuing Bank under Article III hereof will be made by such Lenders in accordance with such Lender's Revolving Credit Commitment Percentage; and (vii)

Appears in 1 contract

Samples: Credit Agreement (Saga Communications Inc)

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