Common use of Pro Rata Treatment of Banks Clause in Contracts

Pro Rata Treatment of Banks. Each borrowing shall be allocated to each Bank according to its Ratable Share, and each selection of, conversion to or renewal of any Interest Rate Option and each payment or prepayment by the Borrower with respect to principal, interest, Commitment Fees, Letter of Credit Fees, or other fees (except for the Agent's Fee) or amounts due from the Borrower hereunder to the Banks with respect to the Loans, shall (except as provided in Section 3.4.2 [Illegality; Increased Costs; Deposits not Available] in the case of an event specified in Section 3.4, 3.4.1 [Euro-Rate Unascertainable], 4.4 [Voluntary Prepayments] or 4.6.1 [Additional Compensation in Certain Circumstances]) be made in proportion to the applicable Loans outstanding from each Bank and, if no such Loans are then outstanding, in proportion to the Ratable Share of each Bank.

Appears in 2 contracts

Samples: Credit Agreement (Triumph Group Inc /), Credit Agreement (Triumph Group Inc /)

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Pro Rata Treatment of Banks. Each borrowing shall be allocated to each Bank according to its Ratable Share, and each selection of, conversion to or renewal of any Interest Rate Option and each payment or prepayment by the Borrower with respect to principal, interest, Commitment Fees, Letter of Credit Fees, or other fees (except for the Administrative Agent's Fee) or amounts due from the Borrower hereunder to the Banks with respect to the Loans, shall (except as provided in Section 3.4.2 [Illegality; Increased Costs; Deposits not Available] in the case of an event specified in Section 3.4, 3.4.1 [Euro-Rate Unascertainable], 4.4 [Voluntary PrepaymentsPrepayments and Commitment Reductions] or 4.6.1 4.5 [Additional Compensation in Certain Circumstances]) be made in proportion to the applicable Loans outstanding from each Bank and, if no such Loans are then outstanding, in proportion to the Ratable Share of each Bank.

Appears in 2 contracts

Samples: Credit Agreement (Triumph Group Inc /), Credit Agreement (Triumph Group Inc /)

Pro Rata Treatment of Banks. Each borrowing shall be allocated to each Bank according to its Ratable Share, and each selection of, conversion to or renewal of any Interest Rate Option and each payment or prepayment by the Borrower Borrowers with respect to principal, interest, Commitment Fees, Facility Fees, Letter of Credit Fees, or other fees (except for the Agent's Fee) or amounts due from the Borrower Borrowers hereunder to the Banks with respect to the Loans, shall (except as provided in Section 3.4.2 [3.4.3 (Illegality; Increased Costs; Deposits not Available] ) in the case of an event specified in Section 3.4, 3.4.1 [3.4 (Euro-Rate Unascertainable]), 4.4 [4.4.3 (Voluntary Prepayments] ) or 4.6.1 [4.4 (Additional Compensation in Certain Circumstances])) be made in proportion to the applicable Loans outstanding from each Bank and, if no such Loans are then outstanding, in proportion to the Ratable Share of each Bank.

Appears in 1 contract

Samples: Guaranty and Suretyship Agreement (Option Care Inc/De)

Pro Rata Treatment of Banks. Each borrowing shall be allocated to each Bank according to its Ratable Share, and each selection of, conversion to or renewal of any Interest Rate Option and each payment or prepayment by the Borrower with respect to principal, interest, Commitment Fees, Facility Fees, Letter of Credit Fees, or other fees (except for the Agent's Fee) or amounts due from the Borrower hereunder to the Banks with respect to the Loans, shall (except as provided in Section 3.4.2 4.4.3 [Illegality; Increased Costs; Deposits not AvailableAgent's and Bank's Rights] in the case of an event specified in Section 3.4, 3.4.1 4.4 [Euro-Rate Unascertainable; Etc.], 4.4 5.4.2 [Voluntary Prepayments] or 4.6.1 5.4 [Additional Compensation in Certain Circumstances]) be made in proportion to the applicable Loans outstanding from each Bank and, if no such Loans are then outstanding, in proportion to the Ratable Share of each Bank.

Appears in 1 contract

Samples: Credit Agreement (Corrpro Companies Inc /Oh/)

Pro Rata Treatment of Banks. Each borrowing shall be allocated to each Bank according to its Ratable Share, and each selection of, conversion to or renewal of any Interest Rate Option and each payment or prepayment by the Borrower with respect to principal, interest, Commitment Fees, Facility Fees, Letter of Credit Fees, or other fees (except for the Agent's Fee) or amounts due from the Borrower hereunder to the Banks with respect to the Loans, shall (except as provided in Section 3.4.2 4.4.3 [Illegality; Increased Costs; Deposits not AvailableAgent's and Bank's Rights] in the case of an event specified in Section 3.4, 3.4.1 4.4 [Euro-Rate Unascertainable; Etc.], 4.4 5.4.3 [Voluntary PrepaymentsReplacement of a Bank] or 4.6.1 5.6 [Additional Compensation in Certain Circumstances]) be made in proportion to the applicable Loans outstanding from each Bank and, if no such Loans are then outstanding, in proportion to the Ratable Share of each Bank.

Appears in 1 contract

Samples: Credit Agreement (Novacare Employee Services Inc)

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Pro Rata Treatment of Banks. Each borrowing shall be allocated to each Bank according to its Ratable Share, and each selection of, conversion to or renewal of any Interest Rate Option and each payment or prepayment by the Borrower with respect to principal, interest, Commitment Fees, Letter of Credit Facility Fees, or other fees (except for the Agent's Fee) or amounts due from the Borrower hereunder to the Banks with respect to the Loans, shall (except as provided in Section 3.4.2 [Illegality; Increased Costs; Deposits not Available] 3.4.3 in the case of an event specified in Section 3.4, 3.4.1 3.4 [CD Rate or Euro-Rate Unascertainable]; Section 3.4.2 [Illegality; Increased Costs; Deposits Not Available], 4.4 [Voluntary Prepayments] or 4.6.1 4.6 [Additional Compensation in Certain Circumstances]) be made in proportion to the applicable Loans outstanding from each Bank and, if no such Loans are then outstanding, in proportion to the Ratable Share of each Bank.

Appears in 1 contract

Samples: Credit Agreement (Cable Tv Fund 14-a LTD)

Pro Rata Treatment of Banks. Each borrowing shall be allocated to each Bank according to its Ratable Share, and each selection of, conversion to or renewal of any Interest Rate Option and each payment or prepayment by the Borrower with respect to principal, interest, Commitment Fees, Facility Fees, Letter of Credit Fees, or other fees (except for the Agent's Fee) or amounts due from the Borrower Borrowers hereunder to the Banks with respect to the Loans, shall (except as provided in Section 3.4.2 3.4.3 [Illegality; Increased Costs; Deposits not AvailableAgent's and Bank's Rights] in the case of an event specified in Section 3.4, 3.4.1 3.4 [Euro-Rate Unascertainable; Etc.], 4.4 4.4.2 [Voluntary PrepaymentsReplacement of a Bank] or 4.6.1 4.5 [Additional Compensation in Certain Circumstances]) be made in proportion to the applicable Loans outstanding from each Bank and, if no such Loans are then outstanding, in proportion to the Ratable Share of each Bank.

Appears in 1 contract

Samples: Pledge Agreement (Internet Capital Group Inc)

Pro Rata Treatment of Banks. Each borrowing shall be allocated to each Bank according to its Ratable Share, and each selection of, conversion to or renewal of any Interest Rate Option and each payment or prepayment by the Borrower with respect to principal, interest, Commitment Fees, Letter of Credit Fees, closing fees, or other fees (except for the Agent's Fee) or amounts due from the Borrower hereunder to the Banks with respect to the Loans, shall (except as provided in Section 3.4.2 4.4.3 [Illegality; Increased Costs; Deposits not AvailableAgent's and Bank's Rights] in the case of an event specified in Section 3.4, 3.4.1 4.4 [Euro-Rate Unascertainable; Etc.], 4.4 5.4.2 [Voluntary PrepaymentsReplacement of a Bank] or 4.6.1 5.6 [Additional Compensation in Certain Circumstances]) be made in proportion to the applicable Loans outstanding from each Bank and, if no such Loans are then outstanding, in proportion to the Ratable Share of each Bank.

Appears in 1 contract

Samples: Credit Agreement (Standard Automotive Corp)

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