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 Revolving Credit Ratable Share, each borrowing of 364-Day Revolving Credit Loans shall be allocated to each Bank according to its 364-Day Revolving Credit Ratable Share and each selection of, conversion to or renewal of any Interest Rate Option applicable to Revolving Credit Loans or 364-Day Revolving Credit Loans and each payment or prepayment by the Borrower with respect to principal or interest on the Revolving Credit Loans or 364-Day Revolving Credit Loans or Facility Fees, 364-Day 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 Revolving Credit Loans or 364-Day Revolving Credit Loans, shall (except as provided in Section 4.4.3 [Agent's and Bank's Rights] in the case of an event specified in Section 4.4 [Euro-Rate Unascertainable; Etc.], 5.4.2 [Replacement of a Bank] or 5.6 [Additional Compensation in Certain Circumstances]) be made in proportion to the applicable Revolving Credit Loans or 364-Day Revolving Credit Loans outstanding from each Bank and, if no such Loans are then outstanding, in proportion to the Revolving Credit Ratable Share in the case of each Bank having a Revolving Credit Commitment and in proportion to the 364-Day Revolving Credit Ratable Share in the case of each Bank having a 364-Day Revolving Credit Commitment. Notwithstanding any of the foregoing, each borrowing or payment or prepayment 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 Section 2.

Appears in 2 contracts

Samples: Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp)

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Pro Rata Treatment of Banks. Each borrowing of Revolving Credit Loans shall be allocated to each Bank according to its Revolving Credit Ratable Share, each borrowing of 364-Day Revolving Credit Tranche A Term Loans shall be allocated to each Bank according to its 364-Day Revolving Credit Term Loan Ratable Share Share, and each borrowing of Tranche B Term Loans shall be allocated to each Bank according to its Term Loan Ratable Share, and each selection of, conversion to or renewal of any Interest Rate Option applicable to Revolving Credit Loans or 364-Day Revolving Credit Loans and each payment or prepayment by the Borrower Borrowers with respect to principal or interest on the Revolving Credit Loans or 364-Day Revolving Credit Loans or Facility Feesprincipal, 364-Day Facility interest, Commitment Fees, Letter of Credit Fees, or other fees (except for the Agent's FeeFee and the fronting fee for Letters of Credit referred to in Section 2.11.2(ii)) or amounts due from the Borrower Borrowers hereunder to the Banks with respect to the Revolving Credit Loans or 364-Day Revolving Credit Loans, shall (except as provided in Section 4.4.3 [Agent's and Bank's Rights] in the case of an event specified in Section 4.4 [Euro-Rate Unascertainable; Etc.]Sections 4.4, 5.4.2 [Replacement of a Bank] or 5.6 [Additional Compensation in Certain Circumstances]5.6) be made in proportion to the applicable Revolving Credit Loans or 364-Day Revolving Credit Loans outstanding from each Bank and, if no such Loans are then outstanding, in proportion to the Revolving Credit Ratable Share in the case or Term Loan Ratable Share, as applicable of each Bank having a Revolving Credit Commitment and in proportion to the 364-Day Revolving Credit Ratable Share in the case of each Bank having a 364-Day Revolving Credit CommitmentBank. Notwithstanding any of the foregoing, each borrowing or payment or prepayment by the Borrower Borrowers of principal, interest, fees or other amounts from the Borrower Borrowers with respect to Swing Loans shall be made by or to PNC Bank according Bank. The borrowing and each repayment of the Term Loans shall be allocated 50% to Section 2the Tranche A Term Loans and 50% to the Tranche B Term Loans and each Bank's share of such borrowing or repayment shall be allocated 50% to Tranche A Term Loans and 50% to Tranche B Term Loans such that each Bank's Term Loans shall be comprised 50% of Tranche A Term Loans and 50% of Tranche B Term Loans.

Appears in 2 contracts

Samples: Credit Agreement (Glatfelter P H Co), Credit Agreement (Glatfelter P H Co)

Pro Rata Treatment of Banks. Each borrowing of Revolving Credit Loans shall be allocated to each Bank according to its Revolving Credit Ratable Share, each borrowing of 364-Day Revolving Credit Loans shall be allocated to each Bank according to its 364-Day Revolving Credit 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 or 364-Day Revolving Credit Loans and each payment or prepayment by the Borrower with respect to principal or interest on the Revolving Credit Loans or 364-Day Revolving Credit Loans or Facility Fees, 364-Day Facility Fees, Letter of Credit Fees, or other fees (except for the Agent's Fee and the Bid Loan Processing Fee) or amounts due from the Borrower hereunder to the Banks with respect to the Revolving Credit Loans or 364-Day Revolving Credit Loans, shall (except as provided in Section 4.4.3 [Agent's and Bank's Rights] in the case of an event specified in Section 4.4 [Euro-Rate Unascertainable; Etc.Illegality; Increased Costs; Deposits Not Available], 5.4.2 5.4 [Replacement of a BankVoluntary Prepayments] or 5.6 5.5 [Additional Compensation in Certain Circumstances]) be made in proportion to the applicable Revolving Credit Loans or 364-Day Revolving Credit Loans outstanding from each Bank and, if no such Loans are then outstanding, in proportion to the Revolving Credit Ratable Share in the case of each Bank having Bank. Each borrowing of a Revolving Credit Commitment Bid Loan shall be made according to the provisions in Section 2.5 hereof and each payment or prepayment by the Borrower of principal, interest, fees or other amounts from the Borrower with respect to Bid Loans shall be to made to the Banks (except as provided in Section 5.5) in proportion to the 364-Day Revolving Credit Ratable Share in the case amounts of each Bank having a 364-Day Revolving Credit Commitmentsuch items due to such Banks. Notwithstanding any of the foregoing, each Each borrowing or payment or prepayment 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 Section 2.

Appears in 1 contract

Samples: Credit Agreement (Roundys Inc)

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Pro Rata Treatment of Banks. Each borrowing of Revolving Credit Loans shall be allocated to each Bank according to its Revolving Credit Ratable ShareShare (irrespective of the amount of Bid Loans outstanding), each borrowing of 364-Day Revolving Credit the Term Loans shall be allocated to each Bank according to its 364-Day Revolving Credit Term Loan Ratable Share and each selection of, conversion to or renewal of any Interest Rate Option applicable to Revolving Credit Loans or 364-Day Revolving Credit Term Loans and each payment or prepayment by the Borrower with respect to principal or interest on the Revolving Credit Loans or 364-Day Revolving Credit Term Loans or Facility Fees, 364-Day Facility 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 Revolving Credit Loans or 364-Day Revolving Credit Term Loans, shall (except as provided in Section 4.4.3 3.4.3 [Administrative Agent's and BankLender's Rights] in the case of an event specified in Section 4.4 Sections 3.4 [Euro-Rate Unascertainable; Etc, etc.], 5.4.2 4.4.2 [Replacement of a BankLender] or 5.6 4.5 [Additional Compensation in Certain Circumstances]) be made in proportion to the applicable Revolving Credit Loans or 364-Day Revolving Credit Term Loans outstanding from each Bank and, if no such Loans are then outstanding, in proportion proportion, as applicable, to the Revolving Credit Ratable Share in or Term Loan Ratable Share, as the case may be, of each Bank having Bank. Each borrowing of a Revolving Credit Commitment Bid Loan shall be made according to the provisions in Section 2.9 hereof and each payment or prepayment by the Borrower of principal, interest, fees or other amounts from the Borrower with respect to Bid Loans shall be made to the Lenders in proportion to the 364-Day Revolving Credit Ratable Share in the case amounts of each Bank having a 364-Day Revolving Credit Commitmentsuch items due to such Lenders. Notwithstanding any of the foregoing, each borrowing or payment or prepayment by the Borrower of principal, interest, fees interest or other amounts from the Borrower with respect to Swing Loans shall be made by or to PNC Bank according to Section 2.

Appears in 1 contract

Samples: Credit Agreement (Arch Coal Inc)

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