Pro Rata Treatment; Sharing of Payments. (a) Except to the extent otherwise provided herein: (i) each Borrowing from the Lenders under Sections 2.7 shall be made from the Lenders pro rata according to the amounts of their respective Percentages; (ii) each payment or prepayment of principal of Loans shall be made for the account of the Lenders pro rata in accordance with the respective unpaid principal amounts of the Loans held by them, provided that, subject to Section 12.16, if immediately prior to giving effect to any such payment in respect of any Loans the outstanding principal amount of the Loans shall not be held by the Lenders pro rata in accordance with their respective Percentages in effect at the time such Loans were made, then such payment shall be applied to the Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Loans being held by the Lenders pro rata in accordance with their respective Percentages; (iii) each payment of interest on Loans shall be made for the account of the Lenders, pro rata in accordance with the amounts of interest on such Loans, then due and payable to the respective Lenders and (iv) the making, conversion and continuation of Loans of a particular Type shall be made pro rata among the Lenders, according to the amounts of their respective Loans, and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous.
Pro Rata Treatment; Sharing of Payments. (a) Except as otherwise provided in this Agreement, all payments of principal, interest and fees made by the Company shall be distributed pro rata to the Lenders according to their respective Percentages. If any Lender shall obtain any payment or other recovery (whether voluntary, involuntary, by application of setoff or otherwise) in excess of its pro rata share of payments then or therewith obtained by all Lenders, such Lender shall immediately purchase, without recourse and for cash, from the other Lenders, such participations in the Notes of such other Lenders so that each Lender shall thereafter have a percentage interest in all of such obligations equal to such Lender's Percentage; provided, however, that if any payment so received shall be recovered in whole or in part from such purchasing Lender, the purchase shall be rescinded and the purchase price restored to the extent of any such recovery, but without interest. The Company agrees that any Lender so purchasing a participation from another Lender pursuant to this section may, to the fullest extent permitted by law, exercise all of its rights of payment (including its right of setoff) with respect to such participation as if such Lender were the direct creditor of the Company in the amount of such participation.
Pro Rata Treatment; Sharing of Payments. (a) All fundings, continuations and conversions of Loans shall be made by the Banks pro rata on the basis of their respective Commitment Percentage.
Pro Rata Treatment; Sharing of Payments. (a) All fundings, continuations and conversions of Loans of any Class shall be made by the Lenders pro rata on the basis of their respective Commitments to provide Loans of such Class (in the case of the initial funding of Loans of such Class pursuant to Section 2.2) or on the basis of their respective outstanding Loans of such Class (in the case of continuations and conversions of Loans of such Class pursuant to Section 2.11, and additionally in all cases in the event the Commitments have expired or have been terminated), as the case may be from time to time. All payments on account of principal of or interest on any Loans, fees or any other Obligations owing to or for the account of any one or more Lenders shall be apportioned ratably among such Lenders in proportion to the amounts of such principal, interest, fees or other Obligations owed to them with respect to each Class, respectively.
Pro Rata Treatment; Sharing of Payments. (a) If at any time insufficient funds are received by and available to the Agent to pay fully all amounts then due hereunder, such funds shall be applied (i) first, to pay interest and fees then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of interest and fees then due to such parties, (ii) second, to pay principal then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of principal then due to such parties, and (iii) then to pay other amounts payable hereunder.
Pro Rata Treatment; Sharing of Payments. (a) All fundings, continuations and conversions of Revolving Loans shall be made by the Lenders pro rata on the basis of their respective Revolving Credit Commitments or on the basis of their respective outstanding Revolving Loans (in the case of continuations and conversions of Revolving Loans pursuant to SECTION 2.11, and additionally in all cases in the event the Revolving Credit Commitments have expired or have been terminated), as the case may be from time to time. All payments on account of principal of or interest on any Revolving Loans, fees or any other Obligations owing to or for the account of any one or more Lenders with Revolving Credit Commitments shall be apportioned ratably among such Lenders in proportion to the amounts of such principal, interest, fees or other Obligations owed to them respectively.
Pro Rata Treatment; Sharing of Payments. (a) All fundings, continuations and conversions of Committed Loans shall be made by the Lenders pro rata on the basis of their respective Commitments (in the case of the initial funding of Committed Loans pursuant to SECTION 2.2) or Committed Loans (in the case of continuations and conversions of outstanding Committed Loans pursuant to SECTION 2.12), as applicable from time to time.
Pro Rata Treatment; Sharing of Payments. (i) Except to the extent otherwise provided herein: (i) each borrowing from the Revolving Credit and Term Loan B Lenders under PARAGRAPHS 2A and 6A hereof shall be made, respectively, from the Revolving Credit Lenders and the Term Loan B Lenders and shall be applied to the Revolving Credit and Term Loan B Commitments of the Lenders, based upon each Lender's respective Revolving Credit and Term Loan B Percentage; (ii) each payment or prepayment of principal of the Revolving Credit and Term Loan B Loans by Borrower shall be made for account of the Revolving Credit and Term Loan B Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Credit and Term Loan B Loans held by the Revolving Credit and Term Loan B Lenders; and (iii) each payment of interest on Revolving Credit and Term Loan B Loans to Borrower shall be made for account of the Revolving Credit and Term Loan B Lenders pro rata in accordance with the amounts of interest due and payable to the respective Revolving Credit and Term Loan B Lenders.
Pro Rata Treatment; Sharing of Payments. (a) Except in the case of --------------------------------------- Swingline Loans, all fundings, continuations and conversions of Loans of any Class shall be made by the Lenders pro rata on the basis of their respective Commitments to provide Loans of such Class (in the case of the initial funding of Loans of such Class pursuant to SECTION 2.2) or on the basis of their respective outstanding Loans of such Class (in the case of continuations and conversions of Loans of such Class pursuant to SECTION 2.11, and additionally in all cases in the event the Commitments have expired or have been terminated), as the case may be from time to time. All payments on account of principal of, interest on or premium, if any, with respect to any Loans, fees or any other Obligations owing to or for the account of any one or more Lenders shall be apportioned ratably among such Lenders in proportion to the amounts of such principal, interest, premium, fees or other Obligations owed to them respectively.
Pro Rata Treatment; Sharing of Payments
