Common use of Pro Rata Treatment of Banks Clause in Contracts

Pro Rata Treatment of Banks. Each borrowing of Revolving Credit Loans shall be allocated to each Bank according to its Ratable Share (irrespective of the amount of Bid Loans outstanding), and each selection of, conversion to or renewal of any Interest Rate Option applicable to Revolving Credit Loans and each payment or prepayment by the Borrowers with respect to principal or interest on the Revolving Credit Loans, Facility Fees or Letter of Credit Fees or other fees (except for the Agent’s Fee, the Bid Loan Processing Fee and the Fronting Fees) or amounts due from the Borrowers hereunder to the Banks with respect to the Revolving Credit Loans shall (except as provided in Section 3.04(c) [Agent’s and Bank’s Rights] in the case of an event specified in Section 3.04 [Euro-Rate Unascertainable; Etc.], Section 4.04 [Replacement of a Bank] or Section 4.06 [Additional Compensation in Certain Circumstances]) be made in proportion to the applicable Revolving Credit Loans outstanding from each Bank and, if no such Loans are then outstanding, in proportion to the Ratable Share of each Bank. Each borrowing of a Bid Loan shall be made according to the provisions in Section 2.08 hereof and each payment or prepayment by the Borrowers of principal, interest, fees, or other amounts from the Borrowers with respect to Bid Loans shall be made to the Banks in proportion to the amounts due to such Banks with respect to Bid Loans then outstanding.

Appears in 3 contracts

Samples: Credit Agreement (Assured Guaranty LTD), Credit Agreement (Assured Guaranty LTD), Credit Agreement (Assured Guaranty LTD)

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Pro Rata Treatment of Banks. (a) Each borrowing of Revolving Credit Loans shall be allocated to each Bank according to its Ratable Share (irrespective of the amount of Bid Loans outstanding), and each selection of, conversion to or renewal of any Interest Rate Option applicable to Revolving Credit Loans and each payment or prepayment by the Borrowers with respect to principal or interest on the Revolving Credit Loans, Term Loans, Facility Fees or Letter of Credit Term Loan Fees or other fees (except for the Agent’s Fee, 's Fee and the Bid Loan Processing Fee and the Fronting FeesFee) or amounts due from the Borrowers hereunder to the Banks with respect to the Revolving Credit Loans or Term Loans, shall (except as provided in Section 3.04(c) [Agent’s 's and Bank’s 's Rights] in the case of an event specified in Section 3.04 [Euro-Rate Unascertainable; Etc.], Section 4.04 [Replacement of a Bank] or Section 4.06 [Additional Compensation in Certain Circumstances]) be made in proportion to the applicable Revolving Credit Loans or Term Loans, as the case may be, outstanding from each Bank and, if no such Loans are then outstanding, in proportion to the Ratable Share of each Bank. Each borrowing of a Bid Loan shall be made according to the provisions in Section 2.08 hereof and each payment or prepayment by the Borrowers of principal, interest, fees, or other amounts from the Borrowers with respect to Bid Loans shall be made to the Banks in proportion to the amounts due to such Banks with respect to Bid Loans then outstanding. (b) All Borrowings of Term Loans under this Agreement shall be incurred by the Borrowers from the Banks pro rata on the basis of such Banks' Commitments as in effect immediately prior to the Expiration Date.

Appears in 2 contracts

Samples: Credit Agreement (Assured Guaranty LTD), 364 Day Revolving Credit Facility (Ace LTD)

Pro Rata Treatment of Banks. Each borrowing of Revolving Credit Loans shall be allocated to each Bank according to its Ratable Share (irrespective of the amount of Bid Loans outstanding)Share, and each selection of, conversion to or renewal of any Interest Rate Option applicable to Revolving Credit Loans Loans, each Commitment reduction and each payment or prepayment by the Borrowers Borrower with respect to principal or interest on the Revolving Credit Loans, Facility Fees or Commitment Fees, Letter of Credit Fees Fees, or other fees (except for the Administrative Agent’s 's Fee, the Bid Loan Processing Fee and the Fronting Fees) or amounts due from the Borrowers Borrower hereunder to the Banks with respect to the Revolving Credit Loans Loans, shall (except as provided in Section 3.04(c) 3.4.3 [Administrative Agent’s 's and Bank’s 's Rights] in the case of an event specified in Section 3.04 3.4 [Euro-Interest Rate Unascertainable; Etc.], Section 4.04 4.4.2 [Replacement of a Bank] or Section 4.06 4.5 [Additional Compensation in Certain Circumstances]) be made in proportion to the applicable Revolving Credit Loans outstanding from each Bank and, if no such Loans are then outstanding, in proportion to the Ratable Share of each Bank. Each Notwithstanding any of the foregoing, each borrowing of a Bid Loan shall be made according to the provisions in Section 2.08 hereof and each or payment or prepayment by the Borrowers Borrower of principal, interest, fees, fees or other amounts from the Borrowers Borrower with respect to Bid Swing Loans shall be made by or to the Banks in proportion PNC Bank according to the amounts due to such Banks with respect to Bid Loans then outstandingSection 2.

Appears in 2 contracts

Samples: Revolving Credit Facility (KPMG Consulting Inc), Credit Agreement (Bearingpoint Inc)

Pro Rata Treatment of Banks. Each borrowing of Revolving Credit Loans shall be allocated to each Bank according to its Ratable Share (irrespective of the amount of Bid Loans outstanding)Share, and each selection of, conversion to or renewal of any Interest Rate Option applicable to Revolving Credit Loans and each payment or prepayment by the Borrowers Borrower with respect to principal or interest on the Revolving Credit Loans, Facility Fees or Commitment Fees, Letter of Credit Fees Fees, or other fees (except for the Administrative Agent’s 's Fee, the Bid Loan Processing Fee and the Fronting Fees) or amounts due from the Borrowers Borrower hereunder to the Banks with respect to the Revolving Credit Loans Loans, shall (except as otherwise may be provided with respect to a Defaulting Bank and except as provided in Section 3.04(c) 3.4.3 [Administrative Agent’s 's and Bank’s 's Rights] in the case of an event specified in Section 3.04 3.4 [Euro-Rate Unascertainable; Etc.], Section 4.04 4.4.2 [Replacement of a Bank] or Section 4.06 4.6 [Additional Compensation in Certain Circumstances]) be made payable ratably among the Banks entitled to such payment in proportion to accordance with the applicable amount of principal or interest on the Revolving Credit Loans outstanding from each Bank andLoans, if no such Loans are Commitment Fees, Letter of Credit Fees, and other fees (except for the Administrative Agent's Fee) or amounts then outstanding, in proportion to the Ratable Share of each Bank. Each borrowing of a Bid Loan shall be made according to the provisions in Section 2.08 hereof and each payment due or prepayment by the Borrowers of principal, interest, fees, or other amounts from the Borrowers with respect to Bid Loans shall be made to the Banks in proportion to the amounts due payable to such Banks with respect to Bid the Revolving Credit Loans then outstandingas set forth in this Agreement. Notwithstanding any of the foregoing, each borrowing or payment or pre-payment by the Borrower of principal, interest, fees or other amounts from the Borrower with respect to Swing Loans shall be made by or to PNC Bank according to Article 2 [Revolving Credit and Swing Loan Facilities].

Appears in 2 contracts

Samples: Revolving Credit Facility (Papa Johns International Inc), Credit Agreement (Papa Johns International Inc)

Pro Rata Treatment of Banks. Each borrowing of Revolving Credit Loans shall be allocated to each Bank according to its Revolving Credit Ratable Share (irrespective of the amount of Bid Loans outstanding)Share, and each selection of, conversion to or renewal of any Interest Rate Option applicable to Revolving Credit Loans and each payment or prepayment by the Borrowers Borrower with respect to principal or interest on the Revolving Credit LoansLoans or Commitment Fees, Facility Fees or Letter of Credit Fees Fees, or other fees (except for the Administrative Agent’s 's Fee, the Bid Loan Processing Fee and the Fronting Fees) or amounts due from the Borrowers Borrower hereunder to the Banks with respect to the Revolving Credit Loans Loans, shall (except as provided in Section 3.04(c) 3.4.3 [Administrative Agent’s 's and Bank’s Lender's Rights] in the case of an event specified in Section 3.04 Sections 3.4 [Euro-Rate Unascertainable; Etc, etc.], Section 4.04 4.4.2 [Replacement of a BankLender] or Section 4.06 4.5 [Additional Compensation in Certain Circumstances]) be made in proportion to the applicable Revolving Credit Loans outstanding from each Bank and, if no such Loans are then outstanding, in proportion proportion, as applicable, to the Revolving Credit Ratable Share of each Bank. Each Notwithstanding any of the foregoing, each borrowing of a Bid Loan shall be made according to the provisions in Section 2.08 hereof and each or payment or prepayment by the Borrowers Borrower of principal, interest, fees, interest or other amounts from the Borrowers Borrower with respect to Bid Swing Loans shall be made by or to the Banks in proportion PNC Bank according to the amounts due to such Banks with respect to Bid Loans then outstandingSection 2.

Appears in 2 contracts

Samples: Revolving Credit Facility (Arch Coal Inc), Revolving Credit Facility (Arch Coal Inc)

Pro Rata Treatment of Banks. (a) Each borrowing of Revolving Credit Loans shall be allocated to each Bank according to its Ratable Share (irrespective of the amount of Bid Loans outstanding), and each selection of, conversion to or renewal of any Interest Rate Option applicable to Revolving Credit Loans and each payment or prepayment by the Borrowers with respect to principal or interest on the Revolving Credit Loans, Term Loans, Facility Fees or Letter of Credit Term Loan Fees or other fees (except for the Agent’s Fee, Fee and the Bid Loan Processing Fee and the Fronting FeesFee) or amounts due from the Borrowers hereunder to the Banks with respect to the Revolving Credit Loans or Term Loans, shall (except as provided in Section 3.04(c) [Agent’s and Bank’s Rights] in the case of an event specified in Section 3.04 [Euro-Rate Unascertainable; Etc.], Section 4.04 [Replacement of a Bank] or Section 4.06 [Additional Compensation in Certain Circumstances]) be made in proportion to the applicable Revolving Credit Loans or Term Loans, as the case may be, outstanding from each Bank and, if no such Loans are then outstanding, in proportion to the Ratable Share of each Bank. Each borrowing of a Bid Loan shall be made according to the provisions in Section 2.08 hereof and each payment or prepayment by the Borrowers of principal, interest, fees, or other amounts from the Borrowers with respect to Bid Loans shall be made to the Banks in proportion to the amounts due to such Banks with respect to Bid Loans then outstanding. (b) All Borrowings of Term Loans under this Agreement shall be incurred by the Borrowers from the Banks pro rata on the basis of such Banks’ Commitments as in effect immediately prior to the Expiration Date.

Appears in 1 contract

Samples: Credit Agreement (Assured Guaranty LTD)

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Pro Rata Treatment of Banks. Each borrowing of Revolving Credit Loans shall be allocated to each Bank according to its Ratable Share (irrespective of the amount of Bid Loans outstanding), and each selection of, conversion to or renewal of any Interest Rate Option applicable to Revolving Credit Loans and each payment or prepayment by the Borrowers Borrower with respect to principal or interest on the Revolving Credit Loans, Facility Fees or Fees, Utilization Fees, Letter of Credit Fees Fees, or other fees (except for the Administrative Agent’s Fee, 's Fee and the Bid Loan Processing Fee and the Fronting FeesFee) or amounts due from the Borrowers Borrower hereunder to the Banks with respect to the Revolving Credit Loans Loans, shall (except as provided in Section 3.04(c) 3.4.3 [Administrative Agent’s 's and Bank’s 's Rights] in the case of an event specified in Section 3.04 3.4 [Euro-Rate Unascertainable; Etc.], Section 4.04 4.4.2 [Replacement of a Bank] or Section 4.06 4.6 [Additional Compensation in Certain Circumstances]) be made in proportion to the applicable Revolving Credit Loans outstanding from each Bank and, if no such Loans are then outstanding, in proportion to the Ratable Share of each Bank. Each borrowing of a Bid Loan shall be made according to the provisions in Section 2.08 2.9 hereof and each payment or prepayment by the Borrowers Borrower of principal, interest, fees, fees or other amounts from the Borrowers Borrower with respect to Bid Loans shall be to made to the Banks in proportion to the amounts of such items due to such Banks Banks. Notwithstanding any of the foregoing, each borrowing or payment or pre-payment by the Borrower of principal, interest, fees or other amounts from the Borrower with respect to Bid Swing Loans then outstandingshall be made by or to National City according to Section 2.

Appears in 1 contract

Samples: Credit Agreement (Big Lots Inc)

Pro Rata Treatment of Banks. Each borrowing of Revolving Credit Loans shall be allocated to each Revolving Credit Bank according to its Ratable Share (irrespective of the amount of Bid Loans outstanding), and each selection of, conversion to or renewal of any Interest Rate Option applicable to Revolving Credit Loans and each payment or prepayment by the Borrowers Borrower with respect to principal or interest on the Revolving Credit LoansLoans or Facility Fees, Facility Fees or Letter of Credit Fees Fees, or other fees (except for the Administrative Agent’s 's Fee, the Bid Loan Processing Fee and the Fronting Fees) or amounts due from the Borrowers Borrower hereunder to the Revolving Credit Banks with respect to the Revolving Credit Loans Loans, shall (except as provided in Section 3.04(c) 3.4.3 [Agent’s Agents' and Bank’s 's Rights] in the case of an event specified in Section 3.04 3.4 [Euro-Rate Unascertainable; , Etc.], Section 4.04 4.4 [Replacement of a BankVoluntary Prepayments] or Section 4.06 4.5 [Additional Compensation in Certain Circumstances]) be made in proportion to the applicable Revolving Credit Loans outstanding from each Revolving Credit Bank and, if no such Loans are then outstanding, in proportion to the Ratable Share of each Revolving Credit Bank. Each borrowing of a Bid Loan shall be made according to the provisions in Section 2.08 2.9 hereof and each payment or prepayment by the Borrowers Borrower of principal, interest, fees, fees or other amounts from the Borrowers Borrower with respect to Bid Loans shall be made to the Banks in proportion to the amounts of such items due to such Banks Banks. Notwithstanding any of the foregoing, each borrowing or payment or prepayment by the Borrower of principal, interest or other amounts from the Borrower with respect to Bid Swing Loans then outstandingshall be made by or to PNC Bank according to Section 2.

Appears in 1 contract

Samples: Revolving Credit Facility (Arch Coal Inc)

Pro Rata Treatment of Banks. Each borrowing of Revolving Credit Loans shall be allocated to each Bank according to its Ratable Share (irrespective of the amount of Bid Loans outstanding)Share, and each selection of, conversion to or renewal of any Interest Rate Option applicable to Revolving Credit Loans and each payment or prepayment by the Borrowers Borrower with respect to principal or interest on the Revolving Credit LoansLoans or Commitment Fees, Facility Fees or Letter of Credit Fees Fees, or other fees (except for the Agent’s Fee, 's Fee or the Bid Optional Currency Loan Processing Fee and the Fronting FeesFee) or amounts due from the Borrowers Borrower hereunder to the Banks with respect to the Revolving Credit Loans Loans, shall (except as provided in Section 3.04(c) 4.4.3 [Agent’s 's and Bank’s 's Rights] in the case of an event specified in Section 3.04 4.4 [Euro-Rate Unascertainable; Etc.], Section 4.04 5.4.2 [Replacement of a Bank] or Section 4.06 5.5 [Additional Compensation in Certain Circumstances]) be made in proportion to the applicable Revolving Credit Loans outstanding from each Bank and, if no such Loans are then outstanding, in proportion to the Ratable Share of each Bank. Each Notwithstanding any of the foregoing, each borrowing of a Bid Loan shall be made according to the provisions in Section 2.08 hereof and each or payment or prepayment by the Borrowers Borrower of principal, interest, fees, fees or other amounts from the Borrowers Borrower with respect to Bid Swing Loans shall be made by or to the Banks in proportion PNC Bank according to the amounts due to such Banks with respect to Bid Loans then outstandingSection 2.

Appears in 1 contract

Samples: Credit Agreement (Covance Inc)

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