Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the Revolving Lenders under Sections 2.1.(a), 2.4.(e) and 2.5.(e) shall be made from the Revolving Lenders, each payment of the fees under Sections 3.5.(b), the first sentence of Section 3.5.(c), and 3.5.(d) shall be made for the account of the Revolving Lenders, and each termination or reduction of the amount of the Revolving Commitments under Section 2.13. shall be applied to the respective Revolving Commitments of the Revolving Lenders, pro rata according to the amounts of their respective Revolving Commitments; (b) each payment or prepayment of principal of Revolving Loans shall be made for the account of the Revolving Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided that, subject to Section 3.9., if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the Revolving Lenders pro rata in accordance with their respective Revolving Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the Revolving Lenders pro rata in accordance with such respective Revolving Commitments; (c) the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d) each payment or prepayment of principal of Term Loans shall be made for the account of the Term Loan Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such Revolving Loans or Term Loans, as applicable, then due and payable to the respective Lenders; (f) the Conversion and Continuation of Revolving Loans or Term Loans of a particular Type (other than Conversions provided for by Sections 5.1.(c) and 5.5.) shall be made pro rata among the Revolving Lenders or Term Loan Lenders, as applicable, according to the amounts of their respective Revolving Loans or Term Loans, as applicable, and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous; (g) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.4., shall be in accordance with their respective Revolving Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section 2.5.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 8 contracts

Samples: Credit Agreement (NETSTREIT Corp.), Credit Agreement (NETSTREIT Corp.), Credit Agreement (NETSTREIT Corp.)

Appears in 7 contracts

Samples: Fifth Amended and Restated Credit Agreement (LGI Homes, Inc.), Credit Agreement (LGI Homes, Inc.), Second Amendment to Fifth Amended and Restated Credit Agreement (LGI Homes, Inc.)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the ~~Revolving~~ Lenders under ~~Sections~~ Section 2.1.(a), ~~2.4.(e~~2.2.(e) and ~~2.5.(e~~2.3.(e) shall be made from the ~~Revolving~~ Lenders, each payment of the ~~fees~~ Fees under ~~Sections 3.5.(b~~Section 3.6.(a), the first sentence of Section ~~3.5.(c),~~ 3.6.(b) and ~~3.5.(d~~Section 3.6.(c) shall be made for the account of the ~~Revolving~~ Lenders, and each termination or reduction of the amount of the ~~Revolving~~ Commitments under Section ~~2.13~~2.11. shall be applied to the respective ~~Revolving~~ Commitments of the ~~Revolving~~ Lenders, pro rata according to the amounts of their respective ~~Revolving~~ Commitments; (b) each payment or prepayment of principal of Revolving Loans by the Borrower shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided ~~that, subject to Section 3.9.,~~ that if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective ~~Revolving~~ Commitments in effect at the time such ~~Revolving~~ Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective ~~Revolving~~ Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d)~~ each payment ~~or prepayment~~ of ~~principal of Term~~ interest on Revolving Loans by the Borrower shall be made for the account of the ~~Term Loan~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; (fd) the making, Conversion and Continuation of Revolving ~~Loans or Term~~ Loans of a particular Type (other than Conversions provided for by ~~Sections 5.1.(c) and~~ Section 5.5.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective ~~Revolving~~ Commitments (in the case of making of Loans) or their respective Loans ~~or Term~~ (in the case of Conversions and Continuations of Loans~~, as applicable,~~ ) and the then current Interest Period for each Lender’s portion of each ~~such~~ Loan of such Type shall be coterminous; (ge) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section ~~2.4~~2.3., shall be pro rata in accordance with their respective ~~Revolving Commitment Percentages~~Commitments; and (f) the Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.2., shall be pro rata in accordance with their respective Commitments. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section ~~2.5.(e~~2.2.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 6 contracts

Samples: Credit Agreement (Kite Realty Group Trust), Credit Agreement (Kite Realty Group Trust), Credit Agreement (DiamondRock Hospitality Co)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the ~~Revolving~~ Lenders under Sections 2.1.(a), ~~2.4.(e~~2.2.(e) and ~~2.5.(e~~2.3.(e) shall be made from the ~~Revolving~~ Lenders, each payment of the fees under Sections 3.5.(a), 3.5.(b), the first sentence of ~~Section~~ 3.5.(c), and 3.5.(d) shall be made for the account of the ~~Revolving~~ Lenders, and each termination or reduction of the amount of the ~~Revolving~~ Commitments under Section ~~2.13~~2.11. shall be applied to the respective ~~Revolving~~ Commitments of the ~~Revolving~~ Lenders, pro rata according to the amounts of their respective ~~Revolving~~ Commitments; (b) each payment or prepayment of principal of Revolving Loans shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided that, subject to Section 3.9., if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective ~~Revolving~~ Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective ~~Revolving~~ Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d)~~ each payment ~~or prepayment~~ of ~~principal of Term~~ interest on Revolving Loans shall be made for the account of the Term Loan Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders~~, as applicable~~, pro rata in accordance with the amounts of interest on such Revolving Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; (fd) the making, Conversion and Continuation of Revolving ~~Loans or Term~~ Loans of a particular Type (other than Conversions provided for by Sections ~~5.1.(c~~4.1.(c) and ~~5.5~~4.5.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective Revolving Loans ~~or Term Loans, as applicable,~~ and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous; (ge) the ~~Revolving~~ Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section ~~2.5~~2.3., shall be in accordance with their respective ~~Revolving~~ Commitment Percentages; and (hf) the ~~Revolving~~ Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section ~~2.4~~2.2., shall be in accordance with their respective ~~Revolving~~ Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the applicable Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section ~~2.5.(e~~2.3.(e), in which case such payments shall be pro rata in accordance with such participating interests). Any payment or prepayment of principal or interest made during the existence of a Default or Event of Default shall be made for the account of the Lenders and the Issuing Banks in accordance with the order set forth in Section 10.5.

Appears in 5 contracts

Samples: Credit Agreement (Diversified Healthcare Trust), Credit Agreement (Diversified Healthcare Trust), Credit Agreement (Diversified Healthcare Trust)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the Revolving Lenders under Sections 2.1.(a), ~~2.4.(e~~2.3.(e) and ~~2.5.(e~~2.4.(e) shall be made from the Revolving Lenders, each payment of the fees under Sections 3.5.(b), the first sentence of ~~Section~~ 3.5.(c), and 3.5.(d) shall be made for the account of the Revolving Lenders, and each termination or reduction of the amount of the Revolving Commitments under Section ~~2.13~~2.12. shall be applied to the respective Revolving Commitments of the Revolving Lenders, pro rata according to the amounts of their respective Revolving Commitments; (b) each payment or prepayment of principal of Revolving Loans shall be made for the account of the Revolving Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided that, subject to Section 3.9., if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the Revolving Lenders pro rata in accordance with their respective Revolving Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the Revolving Lenders pro rata in accordance with ~~such~~ their respective Revolving Commitments; (c) the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan ~~Lenders~~ Lenders, pro rata according to the amounts of their respective Term Loan Commitments; (d) each payment or prepayment of principal of Term Loans shall be made for the account of the Term Loan Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such Revolving Loans or Term Loans, as applicable, then due and payable to the respective Lenders; (f) the Conversion and Continuation of Revolving Loans or Term Loans of a particular Type (other than Conversions provided for by Sections ~~5.1.(c~~4.1.(c) and ~~5.5~~4.5.) shall be made pro rata among the Revolving Lenders or Term Loan Lenders, as applicable, according to the amounts of their respective Revolving Loans or Term Loans, as applicable, and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous; (g) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section ~~2.5~~2.4., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section ~~2.4~~2.3., shall be in accordance with their respective Revolving Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the applicable Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section ~~2.5.(e~~2.4.(e), in which case such payments shall be pro rata in accordance with such participating interests). Any payment or prepayment of principal or interest made during the existence of a Default or Event of Default shall be made for the account of the Lenders and the Issuing Banks in accordance with the order set forth in Section 10.5.

Appears in 5 contracts

Samples: Credit Agreement (Service Properties Trust), Credit Agreement (Service Properties Trust), Credit Agreement (Service Properties Trust)

Pro Rata Treatment. Except to the extent otherwise provided herein: , including, without limitation, Sections 3.9.(c), 3.9.(h), 5.6. and 13.7.(d): (a) each borrowing from ~~the~~ a Tranche of Revolving Credit Lenders under Sections 2.1.(a), ~~2.4.(e~~2.4.(d) and 2.5.(e) shall be made from the applicable Revolving Credit Lenders, each payment of the fees under Sections 3.5.(a), 3.5.(b), the first sentence of ~~Section~~ 3.5.(c), and ~~3.5.(d~~3.5.(e) shall be made for the account of the applicable Revolving Credit Lenders, and each termination or reduction of the amount of ~~the~~ a Tranche of Revolving Credit Commitments under Section 2.13. shall be applied to the respective applicable Revolving Credit Commitments of the applicable Revolving Credit Lenders, pro rata according to the amounts of their respective applicable Revolving Credit Commitments; (b) each payment or prepayment of a Tranche of principal of Revolving Credit Loans shall be made for the account of the applicable Revolving Credit Lenders pro rata in accordance with the respective unpaid principal amounts of the applicable Revolving Credit Loans held by them, ; provided that, subject to Section 3.9., if immediately prior to giving effect to any such payment in respect of any Tranche of Revolving Credit Loans the ~~outstanding principal amount~~ Outstanding Amount of the applicable Revolving Credit Loans shall not be held by the applicable Revolving Credit Lenders pro rata in accordance with their respective Revolving Credit Commitments in effect at the time such Revolving Credit Loans were made, then such payment shall be applied to the applicable Revolving Credit Loans in such manner as shall result, as nearly as is practicable, in the ~~outstanding principal amount~~ Outstanding Amount of the applicable Revolving Credit Loans being held by the applicable Revolving Credit Lenders pro rata in accordance with such respective applicable Revolving Credit Commitments; (c) the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders and each payment of the fees under Section 3.5.(f) shall be made for the account of the applicable Term Loan Lenders, pro rata according to the amounts of their respective Term Loan Commitments; (d) each payment or prepayment of principal of any tranche of Term Loans shall be made for the account of the applicable Term Loan Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans of such tranche held by them; (e) each payment of interest on a Tranche of Revolving Credit Loans or Term Loans shall be made for the account of the applicable Tranche of Revolving Credit Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such Revolving Credit Loans or Term Loans, as applicable, then due and payable to the respective Lenders; (f) the making, Conversion and Continuation of a Tranche of Revolving Credit Loans or Term Loans of a particular Type (other than Conversions provided for by Sections 5.1.(c) and 5.5.) shall be made pro rata among the Revolving Credit Lenders or Term Loan Lenders, as applicable, according to the ~~amounts~~ Outstanding Amounts of their respective Revolving Credit Loans or Term Loans, as applicable, and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous; (g) each prepayment of principal of Bid Rate Loans pursuant to Section 2.9.(b)(iv) shall be made for account of the Lenders then owed Bid Rate Loans pro rata in accordance with the respective unpaid principal amounts of the Bid Rate Loans then owing to each such Lender; (h) the Dollar Tranche Revolving Credit Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5., shall be in accordance with their respective Dollar Tranche Revolving Credit Commitment Percentages; and (hi) the Multicurrency Tranche Revolving Credit Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.4., shall be in accordance with their respective Multicurrency Tranche Revolving Credit Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the applicable Swingline Lender only (except to the extent any Dollar Tranche Revolving Credit Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section 2.5.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 4 contracts

Samples: Credit Agreement (Park Hotels & Resorts Inc.), Credit Agreement (Park Hotels & Resorts Inc.), Credit Agreement (Park Hotels & Resorts Inc.)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the ~~Revolving~~ applicable Lenders under ~~Sections 2.1.(a), 2.4.(e~~Section 2.1(b) and ~~2.5.(e~~Section 2.2(e) shall be made from the applicable Lenders in accordance with their applicable Revolving ~~Lenders,~~ Credit Commitments and each payment of the ~~fees~~ Fees under ~~Sections 3.5.(b),~~ Section 3.6(a) and the first sentence of Section ~~3.5.(c), and 3.5.(d~~3.6(b) shall be made for the account of the Revolving ~~Lenders~~Credit Lenders in accordance with their applicable Revolving Credit Commitments, and each termination or reduction of the amount of the Revolving Credit Commitments under Section ~~2.13.~~ 2.10 shall be applied to the respective Revolving Credit Commitments of in accordance with the ~~Revolving Lenders, pro rata according to the amounts~~ amount of their respective applicable Revolving Credit Commitments; (b) each payment ~~or prepayment~~ of principal of Revolving Credit Loans shall be made for the account of the Revolving Credit Lenders pro rata in accordance with the respective unpaid principal amounts of the ~~Revolving~~ applicable Loans held by ~~them~~such Lenders, provided ~~that, subject to Section 3.9.,~~ that if immediately prior to giving effect to any such payment in respect of any ~~Revolving~~ Loans the outstanding principal amount of the Revolving Credit Loans shall not be held by the ~~Revolving~~ applicable Lenders pro rata in accordance with their respective ~~Revolving~~ Commitments in effect at the time such ~~Revolving~~ Loans were made, then such payment shall be applied to the Revolving Credit Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the ~~Revolving~~ Loans being held by the ~~Revolving~~ applicable Lenders pro rata in accordance with ~~such~~ their respective ~~Revolving~~ applicable Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d)~~ each payment ~~or prepayment~~ of ~~principal of Term~~ interest on the Loans shall be made for the account of the ~~Term Loan~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; (fd) the making, Conversion and Continuation of ~~Revolving Loans or Term~~ Loans of a particular Type (other than Conversions provided for by ~~Sections 5.1.(c) and 5.5.~~Section 4.6) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective ~~Revolving~~ Commitments (in the case of making of Loans) or their respective Loans ~~or Term~~ (in the case of Conversions and Continuations of Loans~~, as applicable,~~ ) and the then current Interest Period for each Lender’s portion of each ~~such~~ Loan of such Type shall be coterminous; and (ge) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Credit Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section ~~2.4.~~2.2, shall be in accordance with their respective Revolving Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section 2.5.(e), in which case such payments shall be pro rata in accordance with ~~such participating interests)~~their respective Revolving Credit Commitments.

Appears in 4 contracts

Samples: Credit Agreement (Epr Properties), Credit Agreement (Epr Properties), Credit Agreement (Epr Properties)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the ~~Revolving~~ Lenders under Sections 2.1.(a), ~~2.4.(e)~~ 2.2.(e), and ~~2.5.(e~~2.3.(e) shall be made from the ~~Revolving~~ Lenders, each payment of the ~~fees~~ Fees under Sections ~~3.5.(b~~3.6.(b), the first sentence of Sections 3.6.(c) and Section ~~3.5.(c), and 3.5.(d~~3.6.(d) shall be made for the account of the ~~Revolving~~ Lenders, and each termination or reduction of the amount of the ~~Revolving~~ Commitments under Section 2.13. shall be applied to the respective ~~Revolving~~ Commitments of the ~~Revolving~~ Lenders, pro rata according to the amounts of their respective ~~Revolving~~ Commitments; (b) each payment or prepayment of principal of Revolving Loans by the Borrower shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided that, subject to Section ~~3.9~~3.10., if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective ~~Revolving~~ Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective ~~Revolving~~ Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d)~~ each payment ~~or prepayment~~ of ~~principal of Term~~ interest on Revolving Loans by the Borrower shall be made for the account of the ~~Term Loan~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such Revolving Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; (fd) the Conversion and Continuation of Revolving ~~Loans or Term~~ Loans of a particular Type (other than Conversions provided for by ~~Sections 5.1.(c) and 5.5~~Section 4.6.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ and the then current Interest Period for each Lender’s portion of each ~~such~~ Loan of such Type shall be coterminous; (ge) the ~~Revolving~~ Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section ~~2.5~~2.2., shall be in accordance with their respective ~~Revolving~~ Commitment ~~Percentages~~Percentage; and (hf) the ~~Revolving~~ Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section ~~2.4~~2.3., shall be in accordance with their respective ~~Revolving~~ Commitment ~~Percentages~~Percentage. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section ~~2.5.(e~~2.2.(e), in which case such payments shall be pro rata in accordance with such participating interests). Any payment or prepayment of principal or interest made (i) during the existence of a Default or Event of Default shall be made for the account of the Lenders in accordance with the order set forth in Section 10.5. and (ii) pursuant to Section 2.7.(b), shall be made for the account of the Swingline Lender and the Lenders holding Commitments (or, if the Commitments have been terminated, holding Revolving Loans and Letter of Credit Liabilities) in accordance with the order set forth in Section 10.5.

Appears in 4 contracts

Samples: Credit Agreement, Credit Agreement (National Retail Properties, Inc.), Credit Agreement (National Retail Properties, Inc.)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from ~~the Revolving~~ Lenders under ~~Sections 2.1.(a), 2.4.(e) and 2.5.(e)~~ Section 2.1. shall be made from the ~~Revolving~~ Lenders, each payment of the fees under Sections ~~3.5.(b~~3.5.(a), ~~the first sentence of Section~~ 3.5.(b) and 3.5.(c~~), and 3.5.(d~~) shall be made for the account of the ~~Revolving~~ Lenders, and each termination or reduction of the amount of the ~~Revolving~~ Commitments under Section ~~2.13~~2.14. shall be applied to the respective ~~Revolving~~ Commitments of the ~~Revolving~~ Lenders, pro rata according to the amounts of their respective ~~Revolving~~ Commitments; (b) each payment or prepayment of principal of ~~Revolving~~ Loans by the Borrower shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the ~~Revolving~~ Loans held by them, provided ~~that, subject to Section 3.9.,~~ that if immediately prior to giving effect to any such payment in respect of any ~~Revolving~~ Loans the outstanding principal amount of the ~~Revolving~~ Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective ~~Revolving~~ Commitments in effect at the time such ~~Revolving~~ Loans were made, then such payment shall be applied to the ~~Revolving~~ Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the ~~Revolving~~ Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective ~~Revolving~~ Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d)~~ each payment ~~or prepayment~~ of ~~principal of Term~~ interest on Loans by the Borrower shall be made for the account of the ~~Term Loan~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; and (fd) the Conversion and Continuation of ~~Revolving Loans or Term~~ Loans of a particular Type (other than Conversions provided for by ~~Sections 5.1.(c) and 5.5~~Section 5.1.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ and the then current Interest Period for each Lender’s portion of each ~~such~~ Loan of such Type shall be coterminous; . Any payment or prepayment of principal or interest made (gi)(A) during the ~~Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under~~ existence of a Default or Event of Default or (B) pursuant to Section ~~2.5.~~2.9.(b)(ii), shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.4., shall be in accordance with their respective Revolving Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be made for the account of the ~~Swingline Lender only~~ Lenders in accordance with the order set forth in Section 11.5. and (~~except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan~~ ii) pursuant to Section ~~2.5.(e~~2.9.(b)(i), ~~in which case such payments~~ shall be ~~pro rata~~ made for the account of the Lenders holding Commitments (or, if the Commitments have been terminated, holding Loans, in accordance with ~~such participating interests)~~the order set forth in Section 11.5.

Appears in 4 contracts

Samples: Credit Agreement (Chesapeake Lodging Trust), Credit Agreement (Chesapeake Lodging Trust), Credit Agreement (Chesapeake Lodging Trust)

Pro Rata Treatment. (a) Except to the extent otherwise provided herein: (ai) each borrowing from the ~~Revolving~~ Lenders under ~~Sections 2.1.(a), 2.4.(e) and 2.5.(e~~Section 2.1(a) shall be made from the ~~Revolving~~ Lenders, each payment of the ~~fees~~ Fees under ~~Sections 3.5.(b~~Section 3.6(a), ~~the first sentence of~~ Section ~~3.5.(c),~~ 3.6(b)(ii) and ~~3.5.(d~~Section 3.6(d) shall be made for the account of the ~~Revolving~~ Lenders, and each termination or reduction of the amount of the ~~Revolving~~ Commitments under Section ~~2.13.~~ 2.13 shall be applied to the respective ~~Revolving~~ Commitments of the ~~Revolving~~ Lenders, pro rata according to the amounts of their respective ~~Revolving~~ Commitments; (bii) each payment or prepayment of principal of Revolving Loans by the Borrower shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided ~~that, subject to Section 3.9.,~~ that if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective ~~Revolving~~ Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective ~~Revolving~~ Commitments; (~~c) the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d~~iii) each payment ~~or prepayment~~ of ~~principal of Term~~ interest on Revolving Loans by the Borrower shall be made for the account of the ~~Term Loan~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts amount of interest on such Revolving Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; (fiv) the making, Conversion and Continuation of Revolving ~~Loans or Term~~ Loans of a particular Type (other than Conversions provided for by ~~Sections 5.1.(c) and 5.5.~~Section 4.6) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective Commitments (in the case of making of Revolving Loans) or their respective Revolving Loans ~~or Term~~ (in the case of Conversions and Continuations of Revolving Loans~~, as applicable,~~ ) and the then current Interest Period for each Lender’s portion of each ~~such~~ Revolving Loan of such Type shall be coterminous; (gv) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.4., shall be pro rata in accordance with their respective ~~Revolving Commitment Percentages~~Commitments; and (vi) the Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.2, shall be pro rata in accordance with their respective Commitments. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section ~~2.5.(e~~2.2(e)). (b) If any Lender shall fail to make any payment required to be made by it pursuant to Section 2.1(c), Section 2.2(e), Section 2.3(e), Section 2.3(i), Section 2.3(j), Section 2.15 or Section 11.7, then the Agent shall (notwithstanding any contrary provision hereof), (i) apply any amounts thereafter received by the Agent for the account of such Lender to satisfy such Lender’s obligations under such Sections until all such unsatisfied obligations are fully paid and/or (ii) hold any such amounts in ~~which~~ a segregated account as cash collateral for, and application to, any future funding obligations of such Lender under such Sections; in the case ~~such payments shall be pro rata~~ of each of (i) and (ii) above, in ~~accordance with such participating interests)~~any order as determined by the Agent in reasonable discretion.

Appears in 3 contracts

Samples: Credit Agreement (Columbia Property Trust, Inc.), Credit Agreement (Columbia Property Trust, Inc.), Credit Agreement (Wells Real Estate Investment Trust Ii Inc)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the Revolving Lenders under ~~Sections 2.1.(a)~~Section 2.1, ~~2.4.(e~~Section 2.4(e) and ~~2.5.(e~~Section 2.5(e) shall be made from the Revolving Lenders, each payment of the ~~fees~~ Fees under ~~Sections 3.5.(b~~Section 3.5(a), under Section 3.5(b), under the first sentence of Section ~~3.5.(c~~3.5(c) and under Section 3.5(d), ~~and 3.5.(d)~~ shall be made for the account of the Revolving Lenders, and each termination or reduction of the amount of the Revolving Commitments under Section ~~2.13.~~ 2.16 shall be applied to the respective Revolving Commitments of the Revolving Lenders, pro rata according to the amounts of their respective Revolving Commitments; (b) each payment or prepayment of principal of Revolving Loans by the Borrower shall be made for the account of the Revolving Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided that, subject to Section 3.9., if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the Revolving Lenders pro rata in accordance with their respective Revolving Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the Revolving Lenders pro rata in accordance with such respective Revolving Commitments; (c) the making of Term Loans under Section ~~2.2.(a~~2.2(a) shall be made from the Term Loan ~~Lenders~~ Lenders, pro rata according to the amounts of their respective Term Loan Commitments; (d) each payment or prepayment of principal of Term Loans shall be made for the account of the Term Loan Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such Revolving Loans or Term Loans, as applicable, then due and payable to the respective Lenders; (f) the Conversion ~~and~~ or Continuation of Revolving Loans or Term Loans of a particular Type (other than Conversions provided for by ~~Sections 5.1.(c) and~~ Section 5.5.) shall be made pro rata among the Revolving Lenders or Term Loan Lenders, as applicable, according to the amounts of their respective Revolving Loans or Term Loans, as applicable, and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous; and (g) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section ~~2.4.~~2.5, shall be in accordance with their respective Revolving Commitment Percentages. ~~All payments~~ Any payment or prepayment of ~~principal, interest, fees and other amounts in respect~~ principal or interest made during the existence of ~~the Swingline Loans~~ an Event of Default shall be made for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section 2.5.(e), in which case such payments shall be pro rata Lenders in accordance with ~~such participating interests)~~the order set forth in Section 10.5.

Appears in 3 contracts

Samples: First Lien Credit Agreement (Pennsylvania Real Estate Investment Trust), First Lien Credit Agreement (Pennsylvania Real Estate Investment Trust), First Lien Credit Agreement (Pennsylvania Real Estate Investment Trust)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the ~~Revolving~~ Lenders under ~~Sections~~ Section 2.1.(a), ~~2.4.(e~~2.3.(e) and ~~2.5.(e~~2.4.(e) shall be made from the ~~Revolving~~ Lenders, each payment of the ~~fees~~ Fees under ~~Sections 3.5.(b~~Section 3.6.(a), the first sentence of Section ~~3.5.(c),~~ 3.6.(b) and ~~3.5.(d~~Section 3.6.(c) shall be made for the account of the ~~Revolving~~ Lenders, and each termination or reduction of the amount of the ~~Revolving~~ Commitments under Section ~~2.13~~2.12. shall be applied to the respective ~~Revolving~~ Commitments of the ~~Revolving~~ Lenders, pro rata according to the amounts of their respective ~~Revolving~~ Commitments; (b) each payment or prepayment of principal of Revolving Loans by the Borrower shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided ~~that, subject to Section 3.9.,~~ that if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective ~~Revolving~~ Commitments in effect at the time such ~~Revolving~~ Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective ~~Revolving~~ Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d)~~ each payment ~~or prepayment~~ of ~~principal of Term~~ interest on Revolving Loans by the Borrower shall be made for the account of the ~~Term Loan~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; (fd) the making, Conversion and Continuation of Revolving ~~Loans or Term~~ Loans of a particular Type (other than Conversions provided for by ~~Sections 5.1.(c) and 5.5~~Section 4.6.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective Commitments (in the case of making of Revolving Loans) or their respective Revolving Loans ~~or Term~~ (in the case of Conversions and Continuations of Revolving Loans~~, as applicable,~~ ) and the then current Interest Period for each Lender’s portion of each ~~such~~ Revolving Loan of such Type shall be coterminous; (ge) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.4., shall be pro rata in accordance with their respective ~~Revolving Commitment Percentages~~Commitments; (f) the Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.3., shall be pro rata in accordance with their respective Commitments; and (g) each mandatory prepayment of principal of Bid Rate Loans by the Borrower pursuant to Section 2.8.(b) shall be made for account of the Lenders then owed Bid Rate Loans pro rata in accordance with the respective unpaid principal amounts of the Bid Rate Loans then owing to each such Lender. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired and funded a participating interest in any such Swingline Loan pursuant to Section ~~2.5.(e~~2.3.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 3 contracts

Samples: Credit Agreement (Sl Green Realty Corp), Credit Agreement (Piedmont Office Realty Trust, Inc.), Credit Agreement (Sl Green Realty Corp)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the Revolving Lenders under Sections ~~2.1.(a~~2.1(a), ~~2.4.(e)~~ and ~~2.5.(e~~2.4(e) shall be made from the Revolving Lenders, each payment of the fees under Sections ~~3.5.(b~~3.5(a), 3.5(b), the first sentence of ~~Section 3.5.(c~~3.5(c), and ~~3.5.(d~~3.5(e) shall be made for the account of the Revolving Lenders, and each termination or reduction of the amount of the Revolving Commitments under Section ~~2.13.~~ 2.13 shall be applied to the respective Revolving Commitments of the Revolving Lenders, pro rata according to the amounts of their respective Revolving Commitments; (b) each payment or prepayment of principal of Revolving Loans shall be made for the account of the Revolving Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided that, subject to Section 3.9., if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the Revolving Lenders pro rata in accordance with their respective Revolving Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the Revolving Lenders pro rata in accordance with such respective Revolving Commitments; (c) the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d) each payment or prepayment of principal of Term Loans shall be made for the account of the Term Loan Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving ~~Loans or Term~~ Loans shall be made for the account of the Revolving Lenders ~~or Term Loan Lenders, as applicable,~~ pro rata in accordance with the amounts of interest on such Revolving Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; (fd) the Conversion and Continuation of Revolving ~~Loans or Term~~ Loans of a particular Type (other than Conversions provided for by Sections ~~5.1.(c~~5.1(c) and 5.5.) shall be made pro rata among the Revolving Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective Revolving Loans ~~or Term Loans, as applicable,~~ and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous; ~~(g) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5., shall be in accordance with their respective Revolving Commitment Percentages;~~ and (he) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.4., shall be in accordance with their respective Revolving Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section 2.5.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 3 contracts

Samples: Credit Agreement (LGI Homes, Inc.), Credit Agreement (LGI Homes, Inc.), Credit Agreement (LGI Homes, Inc.)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the ~~Revolving~~ Lenders under Sections 2.1.(a), ~~2.4.(e~~2.3.(e) and ~~2.5.(e~~2.4.(e) shall be made from the ~~Revolving~~ Lenders, each payment of the fees under Sections 3.5.(a) and 3.5.(b), the first sentence of Section 3.5.(c), and ~~3.5.(d~~Section 3.5.(e) shall be made for the account of the ~~Revolving~~ Lenders, and each termination or reduction of the amount of the ~~Revolving~~ Commitments under Section ~~2.13~~2.12. shall be applied to the respective ~~Revolving~~ Commitments of the ~~Revolving~~ Lenders, pro rata according to the amounts of their respective ~~Revolving~~ Commitments; (b) each payment or prepayment of principal of Revolving Loans shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided that, subject to Section 3.9., if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective ~~Revolving~~ Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective ~~Revolving~~ Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d)~~ each payment ~~or prepayment~~ of ~~principal of Term~~ interest on Revolving Loans shall be made for the account of the Term Loan Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such Revolving Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; (fd) the making, Conversion and Continuation of Revolving ~~Loans or Term~~ Loans of a particular Type (other than Conversions provided for by Sections ~~5.1.(c~~4.1.(c) and ~~5.5~~4.5.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective Revolving Loans ~~or Term Loans, as applicable,~~ and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous; (ge) each prepayment of principal of Bid Rate Loans by the Borrower pursuant to Section 2.8.(b)(iii) shall be made for account of the Lenders then owed Bid Rate Loans pro rata in accordance with the respective unpaid principal amounts of the Bid Rate Loans then owing to each such Lender; (f) the ~~Revolving~~ Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section ~~2.5~~2.4., shall be in accordance with their respective ~~Revolving~~ Commitment Percentages; and (hg) the ~~Revolving~~ Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section ~~2.4~~2.3., shall be in accordance with their respective ~~Revolving~~ Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the applicable Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section ~~2.5.(e~~2.4.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 3 contracts

Samples: Credit Agreement (Regency Centers Lp), Credit Agreement (Regency Centers Lp), Credit Agreement (Regency Centers Lp)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the ~~Revolving~~ Lenders under Sections 2.1.(a~~), 2.4.(e~~) and ~~2.5.(e~~2.3.(e) shall be made from the ~~Revolving~~ Lenders, each payment of the ~~fees~~ Fees under Sections ~~3.5.(b~~3.6.(b), the first sentence of Sections 3.6.(c) and Section ~~3.5.(c), and 3.5.(d~~3.6.(d) shall be made for the account of the ~~Revolving~~ Lenders, and each termination or reduction of the amount of the ~~Revolving~~ Commitments under Section 2.13. shall be applied to the respective ~~Revolving~~ Commitments of the ~~Revolving~~ Lenders, pro rata according to the amounts of their respective ~~Revolving~~ Commitments; (b) each payment or prepayment of principal of Revolving Loans by the Borrower shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided that, subject to Section ~~3.9~~3.10., if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective ~~Revolving~~ Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective ~~Revolving~~ Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d)~~ each payment ~~or prepayment~~ of ~~principal of Term~~ interest on Revolving Loans by the Borrower shall be made for the account of the ~~Term Loan~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such Revolving Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; (fd) the Conversion and Continuation of Revolving ~~Loans or Term~~ Loans of a particular Type (other than Conversions provided for by ~~Sections 5.1.(c) and 5.5~~Section 4.6.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ and the then current Interest Period for each Lender’s portion of each ~~such~~ Loan of such Type shall be coterminous; and (ge) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section ~~2.4~~2.3., shall be in accordance with their respective ~~Revolving~~ Commitment ~~Percentages~~Percentage. ~~All payments~~ Any payment or prepayment of ~~principal, interest, fees and other amounts in respect~~ principal or interest made (i) during the existence of ~~the Swingline Loans~~ a Default or Event of Default shall be made for the account of the ~~Swingline Lender only~~ Lenders in accordance with the order set forth in Section 10.5. and (~~except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan~~ ii) pursuant to Section ~~2.5.(e~~2.7.(b), ~~in which case such payments~~ shall be ~~pro rata~~ made for the account of the Lenders holding Commitments (or, if the Commitments have been terminated, holding Revolving Loans and Letter of Credit Liabilities) in accordance with ~~such participating interests)~~the order set forth in Section 10.5.

Appears in 3 contracts

Samples: Credit Agreement (NNN Reit, Inc.), Credit Agreement (National Retail Properties, Inc.), Credit Agreement (National Retail Properties, Inc.)

Pro Rata Treatment. Except to the extent otherwise provided herein: , including, without limitation, Sections 3.9.(c), 3.9.(h), 5.6. and 13.7.(d): (a) each borrowing from ~~the Revolving Lenders~~ a Tranche under ~~Sections 2.1.(a), 2.4.(e) and 2.5.(e~~Section 2.2.(a) shall be made from the ~~Revolving Lenders~~Lenders under that Tranche, each payment of the fees under ~~Sections 3.5.(b),~~ the ~~first~~ second sentence of Section ~~3.5.(c), and 3.5.(d~~3.5.(a) or the second sentence of Section 3.5.(b) shall be made for the account of ~~the Revolving~~ such Lenders, and each termination or reduction of the amount of ~~the Revolving~~ a Tranche of Commitments under Section 2.13. shall be applied to the ~~respective Revolving~~ applicable Commitments of the ~~Revolving Lenders~~Lenders under that Tranche, pro rata according to the amounts of their respective ~~Revolving~~ applicable Commitments; (b) each payment or prepayment of the principal of ~~Revolving~~ Loans outstanding under a Tranche shall be made for the account of the ~~Revolving~~ Lenders under that Tranche pro rata in accordance with the respective unpaid principal amounts of ~~the Revolving~~ such Loans held by them, ; provided that, subject to Section 3.9., if immediately prior to giving effect to any such payment ~~in respect of any Revolving Loans~~ the ~~outstanding principal amount~~ Outstanding Amount of the ~~Revolving~~ Loans outstanding under a Tranche shall not be held by the ~~Revolving~~ Lenders under that Tranche pro rata in accordance with their respective ~~Revolving~~ Commitments in effect at the time such ~~Revolving~~ Loans were made, then such payment shall be applied to ~~the Revolving~~ such Loans in such manner as shall result, as nearly as is practicable, in the ~~outstanding principal amount~~ Outstanding Amount of ~~the Revolving~~ such Loans being held by ~~the Revolving~~ such Lenders pro rata in accordance with such respective ~~Revolving~~ applicable Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d)~~ each payment ~~or prepayment~~ of ~~principal of Term~~ interest on Loans outstanding under a Tranche shall be made for the account of the ~~Term Loan~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, under that Tranche pro rata in accordance with the amounts of interest on such ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ then due and payable to ~~the respective~~ such Lenders; and (fd) the making, Conversion and Continuation of ~~Revolving~~ Loans ~~or Term Loans~~ outstanding under a Tranche of a particular Type (other than Conversions provided for by Sections 5.1.(c) and 5.5.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ under that Tranche according to the ~~amounts~~ Outstanding Amounts of their ~~respective Revolving~~ Loans ~~or Term Loans, as applicable,~~ under that Tranche and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous~~; (g) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5~~., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.4., shall be in accordance with their respective Revolving Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section 2.5.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 3 contracts

Samples: Loan Agreement (Park Hotels & Resorts Inc.), Loan Agreement (Park Hotels & Resorts Inc.), Delayed Draw Term Loan Agreement (Park Hotels & Resorts Inc.)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the ~~Revolving~~ Lenders under Sections 2.1.(a), ~~2.4.(e~~2.3.(e) and ~~2.5.(e~~2.4.(e) shall be made from the ~~Revolving~~ Lenders, each payment of the fees under Sections 3.5.(a), 3.5.(b), the first sentence of ~~Section~~ 3.5.(c), and ~~3.5.(d~~3.5.(e) shall be made for the account of the ~~Revolving~~ Lenders, and each termination or reduction of the amount of the Revolving Commitments under Section ~~2.13~~2.12. shall be applied to the respective Revolving Commitments of the ~~Revolving~~ Lenders, pro rata according to the amounts of their respective Revolving Commitments; (b) each payment or prepayment of principal of Revolving Loans shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided that, subject to Section 3.9., if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective Revolving Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective Revolving Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d)~~ each payment ~~or prepayment~~ of ~~principal of Term~~ interest on Revolving Loans shall be made for the account of the ~~Term Loan~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such Revolving Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; (fd) the making, Conversion and Continuation of Revolving ~~Loans or Term~~ Loans of a particular Type (other than Conversions provided for by Sections ~~5.1.(c~~4.1.(c) and ~~5.5~~4.5.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective Revolving Loans ~~or Term Loans, as applicable,~~ and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous; (ge) each prepayment of principal of Bid Rate Loans by the Borrower pursuant to Section 2.8.(b)(ii) shall, unless otherwise directed by the Borrower, be made for account of the Lenders then owed Bid Rate Loans pro rata in accordance with the respective unpaid principal amounts of the Bid Rate Loans then owing to each such Lender; (f) the ~~Revolving~~ Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section ~~2.5~~2.4., shall be in accordance with their respective Revolving Commitment Percentages; and (hg) the ~~Revolving~~ Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section ~~2.4~~2.3., shall be in accordance with their respective Revolving Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section ~~2.5.(e~~2.4.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 3 contracts

Samples: Credit Agreement (Federal Realty OP LP), Credit Agreement (Federal Realty Investment Trust), Credit Agreement (Federal Realty Investment Trust)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the ~~Revolving~~ Lenders under Sections ~~2.1.(a~~2.1(a), ~~2.4.(e~~2.4(e) and ~~2.5.(e~~2.5(e) shall be made from the ~~Revolving~~ Lenders, each payment of the fees under Sections ~~3.5.(b~~3.5(a), 3.5(b), the first sentence of ~~Section 3.5.(c~~3.5(c), and ~~3.5.(d~~3.5(e) shall be made for the account of the ~~Revolving~~ Lenders, and each termination or reduction of the amount of the ~~Revolving~~ Commitments under Section ~~2.13.~~ 2.13 shall be applied to the respective ~~Revolving~~ Commitments of the ~~Revolving~~ Lenders, pro rata according to the amounts of their respective ~~Revolving~~ Commitments; (b) each payment or prepayment of principal of ~~Revolving~~ Loans shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the ~~Revolving~~ Loans held by them, provided that, subject to Section 3.9., if immediately prior to giving effect to any such payment in respect of any ~~Revolving~~ Loans the outstanding principal amount of the ~~Revolving~~ Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective ~~Revolving~~ Commitments in effect at the time such ~~Revolving~~ Loans were made, then such payment shall be applied to the ~~Revolving~~ Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the ~~Revolving~~ Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with such respective ~~Revolving~~ Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d)~~ each payment ~~or prepayment~~ of ~~principal of Term~~ interest on Loans shall be made for the account of the ~~Term Loan~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; (fd) the Conversion and Continuation of ~~Revolving Loans or Term~~ Loans of a particular Type (other than Conversions provided for by Sections ~~5.1.(c~~5.1(c) and 5.5.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous; and (ge) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.4., shall be in accordance with their respective ~~Revolving~~ Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section 2.5.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 3 contracts

Samples: Revolving Credit Agreement (Ps Business Parks, Inc./Md), Revolving Credit Agreement (Ps Business Parks Inc/Ca), Revolving Credit Agreement (Ps Business Parks Inc/Ca)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from ~~the Revolving~~ Lenders under ~~Sections 2.1.(a), 2.4.(e) and 2.5.(e)~~ Section 2.1. shall be made from the ~~Revolving~~ Lenders, each payment of the fees under Sections ~~3.5.(b), the first sentence of Section 3.5.(c), and 3.5.(d~~3.6.(b) shall be made for the account of the ~~Revolving~~ Lenders, and each termination or reduction of the amount of the Revolving Commitments under Section ~~2.13~~2.10. or otherwise pursuant to this Agreement shall be applied to the respective Revolving Commitments of the ~~Revolving~~ Lenders, pro rata according to the amounts of their respective Revolving Commitments; (b) each payment or prepayment of principal of Loans designated by the Borrower as a payment or prepayment of Revolving Loans (or, so long as there are Revolving Loans outstanding, with respect to which the Borrower does not designate its application) shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided ~~that, subject to Section 3.9.,~~ that if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective Revolving Commitments in effect at the time such ~~Revolving~~ Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective Revolving Commitments; (c) each payment of interest on Revolving Loans by the ~~making~~ Borrower shall be made for the account of ~~Term~~ the Lenders pro rata in accordance with the amounts of interest on such Revolving Loans ~~under~~ then due and payable to the respective Lenders; (d) the Conversion and Continuation of Loans of a particular Type (other than Conversions provided for by Section ~~2.2.(a~~5.1.) shall be made ~~from the Term Loan Lenders~~ pro rata among the Lenders according to the amounts of their respective ~~Term~~ Loans and the then current Interest Period for each Lender’s portion of each Loan ~~Commitments~~of such Type shall be coterminous; (de) each payment or prepayment of principal of Loans designated by the Borrower as a prepayment of Term Loans shall be made for the account of the ~~Term Loan~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; and (ef) each payment of interest on ~~Revolving Loans or~~ Term Loans by the Borrower shall be made for the account of the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ pro rata in accordance with the amounts of interest on ~~such Revolving~~ the Term Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; . Notwithstanding the foregoing, any payment or prepayment of principal or interest (fi) made during the ~~Conversion and Continuation of Revolving Loans or Term Loans~~ occurrence of a ~~particular Type~~ Default or Event of Default or (~~other than Conversions provided for by Sections 5.1.(c~~ii) ~~and 5.5.)~~ made pursuant to Section 2.6.(b)(iii), shall be made ~~pro rata among~~ (A) in the ~~Revolving Lenders~~ case of payment or Term Loan Lenders, as applicable, according to the amounts of their respective Revolving Loans or Term Loans, as applicable, and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous; (g) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.4., shall be in accordance with their respective Revolving Commitment Percentages. All payments prepayment of principal, ~~interest, fees and other amounts in respect of the Swingline Loans shall be~~ for the account of the ~~Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section 2.5.(e), in which case such payments shall be~~ Lenders pro rata in accordance with ~~such participating interests)~~the respective unpaid principal amounts of the Loans held by them, and (B) in the case of payment or prepayment of interest, first for the account of the Lenders pro rata in accordance with the respective unpaid principal amounts of all Base Rate Loans, then pro rata in accordance with the respective unpaid principal amounts of all LIBOR Loans.

Appears in 2 contracts

Samples: Credit Agreement (Regency Centers Lp), Credit Agreement (Regency Centers Corp)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the Revolving Lenders under Sections 2.1.(a), ~~2.4.(e~~2.3.(e) and ~~2.5.(e~~2.4.(e) shall be made from the Revolving Lenders, each payment of the fees under Sections 3.5.(b), ) and the first sentence of ~~Section~~ 3.5.(c~~), and 3.5.(d~~) shall be made for the account of the Revolving Lenders, and each termination or reduction of the amount of the Revolving Commitments under Section ~~2.13~~2.12. shall be applied to the respective Revolving Commitments of the Revolving Lenders, pro rata according to the amounts of their respective Revolving Commitments; (b) each payment or prepayment of principal of Revolving Loans shall be made for the account of the Revolving Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided that, subject to Section 3.9., if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the Revolving Lenders pro rata in accordance with their respective Revolving Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the Revolving Lenders pro rata in accordance with ~~such~~ their respective Revolving Commitments; (c) the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan ~~Lenders~~ Lenders, pro rata according to the amounts of their respective Term Loan Commitments; (d) each payment or prepayment of principal of Term Loans shall be made for the account of the Term Loan Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such Revolving Loans or Term Loans, as applicable, then due and payable to the respective Lenders; (f) the making, Conversion and Continuation of Revolving Loans or Term Loans of a particular Type (other than Conversions provided for by Sections ~~5.1.(c~~4.1.(c) and ~~5.5~~4.5.) shall be made pro rata among the Revolving Lenders or Term Loan Lenders, as applicable, according to the amounts of their respective Revolving Loans or Term Loans, as applicable, and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous; (g) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section ~~2.5~~2.4., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section ~~2.4~~2.3., shall be in accordance with their respective Revolving Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section ~~2.5.(e~~2.4.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 2 contracts

Samples: Credit Agreement (Rouse Properties, Inc.), Credit Agreement (Rouse Properties, Inc.)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the ~~Revolving~~ Lenders under ~~Sections~~ Section 2.1.(a), ~~2.4.(e~~2.3.(e) and ~~2.5.(e~~2.4.(e) shall be made from the ~~Revolving~~ Lenders, each payment of the ~~fees~~ Fees under ~~Sections 3.5.(b~~Section 3.6.(a), the first sentence of Section ~~3.5.(c),~~ 3.6.(b) and ~~3.5.(d~~Section 3.6.(c) shall be made for the account of the ~~Revolving~~ Lenders, and each termination or reduction of the amount of the ~~Revolving~~ Commitments under Section ~~2.13~~2.12. shall be applied to the respective ~~Revolving~~ Commitments of the ~~Revolving~~ Lenders, pro rata according to the amounts of their respective ~~Revolving~~ Commitments; (b) each payment or prepayment of principal of Revolving Loans by the Borrower shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided ~~that, subject to Section 3.9.,~~ that if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective ~~Revolving~~ Commitments in effect at the time such ~~Revolving~~ Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective ~~Revolving~~ Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d)~~ each payment ~~or prepayment~~ of ~~principal of Term~~ interest on Revolving Loans by the Borrower shall be made for the account of the ~~Term Loan~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; (fd) the making, Conversion and Continuation of Revolving ~~Loans or Term~~ Loans of a particular Type (other than Conversions provided for by ~~Sections 5.1.(c) and 5.5~~Section 4.6.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective Commitments (in the case of making of Revolving Loans) or their respective Revolving Loans ~~or Term~~ (in the case of Conversions and Continuations of Revolving Loans~~, as applicable,~~ ) and the then current Interest Period for each Lender’s portion of each ~~such~~ Revolving Loan of such Type shall be coterminous; (ge) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.4., . shall be pro rata in accordance with their respective ~~Revolving Commitment Percentages~~Commitments; (f) the Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.3. shall be pro rata in accordance with their respective Commitments; and (g) each mandatory prepayment of principal of Bid Rate Loans by the Borrower pursuant to Section 2.8.(b) shall be made for account of the Lenders then owed Bid Rate Loans pro rata in accordance with the respective unpaid principal amounts of the Bid Rate Loans then owing to each such Lender. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired and funded a participating interest in any such Swingline Loan pursuant to Section ~~2.5.(e~~2.3.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 2 contracts

Samples: Credit Agreement (Heritage Property Investment Trust Inc), Credit Agreement (Heritage Property Investment Trust Inc)

Appears in 2 contracts

Samples: Credit Agreement (United Homes Group, Inc.), Credit Agreement (United Homes Group, Inc.)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the Revolving Lenders under Sections 2.1.(a), ~~2.4.(e~~2.2.(e) and ~~2.5.(e~~2.3.(e) shall be made from the Revolving Lenders, each payment of the fees under ~~Sections~~ Section 3.5.(b), the first sentence of Section 3.5.(c), and Section 3.5.(d) shall be made for the account of the Revolving Lenders, and each termination or reduction of the amount of the ~~Revolving~~ Commitments under Section ~~2.13~~2.11. shall be applied to the respective ~~Revolving~~ Commitments of the Revolving Lenders, pro rata according to the amounts of their respective ~~Revolving~~ Commitments; (b) each payment or prepayment of principal of Revolving Loans shall be made for the account of the Revolving Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided that, subject to Section 3.9., if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the Revolving Lenders pro rata in accordance with their respective ~~Revolving~~ Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the Revolving Lenders pro rata in accordance with ~~such~~ their respective ~~Revolving~~ Commitments; (c) the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d) each payment or prepayment of principal of Term Loans shall be made for the account of the Term Loan Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving ~~Loans or Term~~ Loans shall be made for the account of the Revolving Lenders ~~or Term Loan Lenders, as applicable,~~ pro rata in accordance with the amounts of interest on such Revolving ~~Loans or Term~~ Loans~~, as applicable~~, then due and payable to the respective Lenders; (fd) the making, Conversion and Continuation of Revolving ~~Loans or Term~~ Loans of a particular Type (other than Conversions provided for by ~~Sections 5.1.(c) and 5.5~~Section 4.1.) shall be made pro rata among the Revolving Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective Revolving Loans ~~or Term Loans, as applicable,~~ and the then current Interest Period for each Revolving Lender’s portion of each such Revolving Loan of such Type shall be coterminous; (ge) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section ~~2.5~~2.3., shall be in accordance with their respective ~~Revolving~~ Commitment Percentages; and (hf) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section ~~2.4~~2.2., shall be in accordance with their respective ~~Revolving~~ Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section ~~2.5.(e~~2.3.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 2 contracts

Samples: Credit Agreement (Parkway Properties Inc), Credit Agreement (Parkway Properties Inc)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing and Continuation of, and each Conversion into, Committed Loans from the ~~Revolving Lenders~~ Banks under ~~Sections 2.1.(a), 2.4.(e) and 2.5.(e)~~ Section 2.1 shall be made from or by, as the ~~Revolving Lenders~~case may be, the Banks, each payment of ~~the fees~~ a facility fee under ~~Sections 3.5.(b), the first sentence of~~ Section ~~3.5.(c), and 3.5.(d)~~ 2.8 shall be made for ~~the~~ account of the ~~Revolving Lenders~~Banks, and each termination or reduction of the amount of the ~~Revolving~~ Commitments under Section ~~2.13.~~ 2.9 shall be applied to the respective ~~Revolving~~ Commitments of the ~~Revolving Lenders~~Banks, pro rata according to the amounts of their respective ~~Revolving~~ Commitments; (b) the making and Continuation of, and Conversion into, Committed Loans shall be made pro rata among the Banks according to the amounts of their respective Commitments; (c) each payment or prepayment of principal of ~~Revolving~~ Committed Loans shall be made for ~~the~~ account of the ~~Revolving Lenders~~ Banks pro rata in accordance with the respective unpaid principal amounts of the ~~Revolving~~ Committed Loans held by them, provided ~~that, subject to Section 3.9.,~~ that if immediately prior to giving effect to any such payment in respect of any ~~Revolving Loans~~ Committed Loan the outstanding principal amount of the ~~Revolving~~ Committed Loans shall not be held by the ~~Revolving Lenders~~ Banks pro rata in accordance with their respective ~~Revolving~~ Commitments in effect at the time such ~~Revolving~~ Loans were ~~made~~made (by reason of a failure of a Bank to make a Loan hereunder in the circumstances described in the last paragraph of Section 9.5), then such payment shall be applied to the ~~Revolving~~ Committed Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the ~~Revolving~~ Committed Loans being held by the ~~Revolving Lenders~~ Banks pro rata in accordance with ~~such~~ their respective ~~Revolving~~ Commitments; ~~(c) the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments;~~ and (d) each payment or prepayment of principal of Term Loans shall be made for the account of the Term Loan Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on ~~Revolving Loans or Term~~ Committed Loans shall be made for ~~the~~ account of the ~~Revolving Lenders or Term Loan Lenders, as applicable,~~ Banks pro rata in accordance with the amounts of interest on such ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ then due and payable to the ~~respective Lenders; (f) the Conversion and Continuation of Revolving Loans or Term Loans of a particular Type (other than Conversions provided for by Sections 5.1.(c) and 5.5~~Banks.) shall be made pro rata among the Revolving Lenders or Term Loan Lenders, as applicable, according to the amounts of their respective Revolving Loans or Term Loans, as applicable, and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous; (g) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.4., shall be in accordance with their respective Revolving Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section 2.5.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 2 contracts

Samples: Credit Agreement (Marsh & McLennan Companies Inc), Credit Agreement (Marsh & McLennan Companies Inc)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the Revolving Lenders under Sections 2.1.(a), 2.4.(e) and 2.5.(e) shall be made from the Revolving Lenders, each payment of the fees under Sections 3.5.(b), the first sentence of ~~Section~~ 3.5.(c), and 3.5.(d) shall be made for the account of the Revolving Lenders, and each termination or reduction of the amount of the Revolving Commitments under Section 2.13. shall be applied to the respective Revolving Commitments of the Revolving Lenders, pro rata according to the amounts of their respective Revolving Commitments; (b) the making of Term Loans of a Class under Section 2.2.(a) shall be made from the Term Loan Lenders of such Class, pro rata according to the amounts of their respective Term Loan Commitments of such Class; (c) each payment or prepayment of principal of ~~Revolving~~ a Class of Loans shall be made for the account of the ~~Revolving~~ Lenders of such Class pro rata in accordance with the respective unpaid principal amounts of the ~~Revolving~~ Loans of such Class held by them, provided that, subject to Section 3.9., if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the Revolving Lenders pro rata in accordance with their respective Revolving Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the Revolving Lenders pro rata in accordance with such respective Revolving Commitments; (~~c) the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (~~d) each payment ~~or prepayment~~ of ~~principal~~ interest on a Class of ~~Term~~ Loans shall be made for the account of the ~~Term Loan~~ Lenders ~~pro rata in accordance with the respective unpaid principal amounts~~ of ~~the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable,~~ such Class pro rata in accordance with the amounts of interest on such ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective ~~Lenders~~Lenders of such Class; (fe) the Conversion and Continuation of ~~Revolving Loans or Term~~ Loans of a particular Class and Type (other than Conversions provided for by Sections ~~5.1.(c~~4.1.(c) and ~~5.5~~4.5.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ of such Class according to the amounts of their respective ~~Revolving~~ Loans ~~or Term Loans, as applicable~~of such Class, and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous; (f) each prepayment of principal of Bid Rate Loans pursuant to Section 2.9.(b)(ii) shall be made for account of the Lenders then owed Bid Rate Loans pro rata in accordance with the respective unpaid principal amounts of the Bid Rate Loans then owing to each such Lender; (g) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.4., shall be in accordance with their respective Revolving Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Revolving Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section 2.5.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 2 contracts

Samples: Credit Agreement (Equity Commonwealth), Credit Agreement (Equity Commonwealth)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the Revolving Lenders under Sections 2.1.(a~~), 2.4.(e~~) and ~~2.5.(e~~2.3.(e) shall be made from the Revolving ~~Lenders,~~ Lenders and each payment of the fees under Sections ~~3.5.(b~~3.5.(b)(i), 3.5.(c), and the first sentence of ~~Section 3.5.(c), and~~ 3.5.(d) shall be made for the account of the Revolving Lenders, and each termination or reduction of the amount of the Revolving Commitments under Section ~~2.13~~2.11. shall be applied to the respective Revolving Commitments of the Revolving Lenders, pro rata according to the amounts of their respective Revolving Commitments; (b) each payment or prepayment of principal of Revolving Loans shall be made for the account of the Revolving Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided that, subject to Section 3.9., if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the Revolving Lenders pro rata in accordance with their respective Revolving Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the Revolving Lenders pro rata in accordance with ~~such~~ their respective Revolving Commitments; (c) the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d) each payment or prepayment of principal of Term Loans and each payment of fees under Section 3.5.(b)(ii) shall be made for the account of the Term Loan Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such Revolving Loans or Term Loans, as applicable, then due and payable to the respective Lenders; (f) the making, Conversion and Continuation of Revolving Loans or Term Loans of a particular Type (other than Conversions provided for by Sections 5.1.(c) and 5.5.) shall be made pro rata among the Revolving Lenders or Term Loan Lenders, as applicable, according to the amounts of their respective Revolving Loans or Term Loans, as applicable, and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous; (g) the Revolving Lenders’ participation in, and payment obligations in respect of, ~~Swingline Loans~~ Letters of Credit under Section ~~2.5~~2.3., shall be in accordance with their respective Revolving Commitment Percentages~~; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.4~~., shall be in accordance with their respective Revolving Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section 2.5.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 2 contracts

Samples: Credit Agreement (Broadstone Net Lease Inc), Credit Agreement (Broadstone Net Lease Inc)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the Revolving Lenders under ~~Sections~~ Section 2.1.(a~~), 2.4.(e~~) and ~~2.5.(e~~2.3.(e) shall be made from the Revolving Lenders, each payment of the ~~fees~~ Fees under Sections 3.5.(a) (as applicable), 3.5.(b), the first sentence of ~~Section~~ 3.5.(c), ) and 3.5.(d) shall be made for the account of the Revolving Lenders, and each termination or reduction of the amount of the Revolving Commitments under Section ~~2.13~~2.12. shall be applied to the respective Revolving Commitments of the Revolving Lenders, pro rata according to the amounts of their respective Revolving Commitments; (b) the making of Term Loans shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments, (c) each payment or prepayment of principal of ~~Revolving~~ Loans of a Class shall be made for the account of the ~~Revolving~~ Lenders of such Class pro rata in accordance with the respective unpaid principal amounts of the ~~Revolving~~ Loans of such Class held by them, provided that, subject to Section 3.9., if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the Revolving Lenders pro rata in accordance with their respective Revolving Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective Revolving ~~Commitments; (c) the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan~~ Commitments; (d) each payment ~~or prepayment~~ of ~~principal~~ interest in respect of ~~Term~~ a Class of Loans shall be made for the account of the ~~Term Loan~~ Lenders ~~pro rata in accordance with the respective unpaid principal amounts~~ of ~~the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable~~such Class, pro rata in accordance with the amounts of interest on such ~~Revolving~~ Class of Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective ~~Lenders~~Lenders of such Class; (fe) the Conversion and Continuation of ~~Revolving Loans or Term~~ Loans of a particular Class and Type (other than Conversions provided for by ~~Sections~~ Section 5.1.(c) and Section 5.5.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ of such Class according to the amounts of their respective ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ of such Class and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous; (f) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.3., shall be in accordance with their respective Revolving Commitment Percentages; and (g) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.4., shall be in accordance with their respective Revolving Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Revolving Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section ~~2.5.(e~~2.4.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 2 contracts

Samples: Credit Agreement (DiamondRock Hospitality Co), Credit Agreement (DiamondRock Hospitality Co)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the ~~Revolving~~ Lenders under ~~Sections~~ Section 2.1.(a), ~~2.4.(e~~2.2.(e) and ~~2.5.(e~~2.3.(e) shall be made from the ~~Revolving~~ Lenders, each payment of the fees under ~~Sections~~ Section 3.5.(b), the first sentence of 3.5.(c) and Section ~~3.5.(c), and~~ 3.5.(d) shall be made for the account of the ~~Revolving~~ Lenders, and each termination or reduction of the amount of the Revolving Commitments under Section ~~2.13~~2.11. shall be applied to the respective Revolving Commitments of the ~~Revolving~~ Lenders, pro rata according to the amounts of their respective Revolving Commitments; (b) each payment or prepayment of principal of Revolving Loans by the Borrower shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided that, subject to Section 3.9., if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective Revolving Commitments in effect at the time such ~~Revolving~~ Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective Revolving Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d)~~ each payment ~~or prepayment~~ of ~~principal of Term~~ interest on Revolving Loans by the Borrower shall be made for the account of the ~~Term Loan~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such Revolving Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; (fd) the making, Conversion and Continuation of Revolving ~~Loans or Term~~ Loans of a particular Type (other than Conversions provided for by ~~Sections 5.1.(c) and 5.5~~Section 5.1.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their ~~respective Revolving~~ Loans ~~or Term Loans, as applicable,~~ and the then current Interest Period for each Lender’s portion of each ~~such~~ Loan of such Type shall be coterminous; (ge) the ~~Revolving~~ Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section ~~2.5~~2.3., shall be in accordance with their respective Revolving Commitment Percentages; and (hf) the ~~Revolving~~ Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section ~~2.4~~2.2., shall be in accordance with their respective Revolving Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section ~~2.5.(e~~2.3.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 2 contracts

Samples: Credit Agreement (Excel Trust, Inc.), Credit Agreement (Excel Trust, Inc.)

Pro Rata Treatment. Except to the extent otherwise provided herein: (ai) each borrowing from the ~~Revolving~~ Lenders under ~~Sections 2.1.(a), 2.4.(e) and 2.5.(e~~Section 2.1(a) shall be made from the ~~Revolving~~ Lenders, each payment of the ~~fees~~ Fees under ~~Sections 3.5.(b~~Section 3.6(a), ~~the first sentence of~~ Section ~~3.5.(c),~~ 3.6(b)(ii) and ~~3.5.(d~~Section 3.6(d) shall be made for the account of the ~~Revolving~~ Lenders, and each termination or reduction of the amount of the ~~Revolving~~ Commitments under Section ~~2.13.~~ 2.13 shall be applied to the respective ~~Revolving~~ Commitments of the ~~Revolving~~ Lenders, pro rata according to the amounts of their respective ~~Revolving~~ Commitments; (bii) each payment or prepayment of principal of Revolving Loans by the Borrower shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided ~~that, subject to Section 3.9.,~~ that if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective ~~Revolving~~ Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective ~~Revolving~~ Commitments; (~~c) the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d~~iii) each payment ~~or prepayment~~ of ~~principal of Term~~ interest on Revolving Loans by the Borrower shall be made for the account of the ~~Term Loan~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts amount of interest on such Revolving Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; (fiv) the making, Conversion and Continuation of Revolving ~~Loans or Term~~ Loans of a particular Type (other than Conversions provided for by ~~Sections 5.1.(c) and 5.5.~~Section 4.6) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective Commitments (in the case of making of Revolving Loans) or their respective Revolving Loans ~~or Term~~ (in the case of Conversions and Continuations of Revolving Loans~~, as applicable,~~ ) and the then current Interest Period for each Lender’s portion of each ~~such~~ Revolving Loan of such Type shall be coterminous; (gv) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.4., shall be pro rata in accordance with their respective ~~Revolving Commitment Percentages~~Commitments; and (vi) the Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.2, shall be pro rata in accordance with their respective Commitments. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section ~~2.5.(e~~2.2(e)~~, in which case such payments shall be pro rata in accordance with such participating interests~~).

Appears in 2 contracts

Samples: Credit Agreement (Wells Real Estate Investment Trust Ii Inc), Credit Agreement (Wells Real Estate Investment Trust Ii Inc)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the ~~Revolving~~ Lenders under ~~Sections~~ Section 2.1.(a), 2.4.(e) and 2.5.(e) shall be made from the Revolving Lenders, each payment of the ~~fees~~ Fees under ~~Sections 3.5.(b~~Section 3.6.(b), the first sentence of Section ~~3.5.(c~~3.6.(c), and ~~3.5.(d~~Section 3.6.(d) shall be made for the account of the Revolving Lenders, and each termination or reduction of the amount of the Revolving Commitments under Section 2.13. shall be applied to the respective Revolving Commitments of the ~~Revolving~~ Lenders, pro rata according to the amounts of their respective Revolving Commitments; (b) the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments (c) each payment or prepayment of principal of ~~Revolving~~ a Class of Loans shall be made for the account of the ~~Revolving~~ Lenders of such Class pro rata in accordance with the respective unpaid principal amounts of the ~~Revolving~~ Loans of such Class held by them, provided that, subject to Section ~~3.9~~3.11., if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the Revolving Lenders pro rata in accordance with their respective Revolving Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the Revolving Lenders pro rata in accordance with ~~such~~ their respective Revolving ~~Commitments; (c) the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan~~ Commitments; (d) each payment ~~or prepayment~~ of ~~principal~~ interest on a Class of ~~Term~~ Loans shall be made for the account of the ~~Term Loan~~ Lenders ~~pro rata in accordance with the respective unpaid principal amounts~~ of ~~the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable,~~ such Class pro rata in accordance with the amounts of interest on such ~~Revolving~~ Class of Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Class of Lenders; (fe) the Conversion and Continuation of ~~Revolving Loans or Term~~ Loans of a particular Class and Type (other than Conversions provided for by ~~Sections 5.1.(c) and 5.5~~Section 4.1.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ of such Class according to the amounts of their respective ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ of such Class and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous; (f) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.5., shall be in accordance with their respective Revolving Commitment Percentages; (g) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section ~~2.5~~2.4., shall be in accordance with their respective Revolving Commitment Percentages; and (h) each prepayment of principal of Bid Rate Loans by the Borrower pursuant to Section 2.9.(c) shall be made for account of the Revolving ~~Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.4., shall be~~ Lenders then owed Bid Rate Loans pro rata in accordance with ~~their~~ the respective unpaid principal amounts of the Bid Rate Loans then owing to each such Revolving ~~Commitment Percentages~~Lender. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Revolving Lender shall have acquired and funded a participating interest in any such Swingline Loan pursuant to Section ~~2.5.(e~~2.4.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 2 contracts

Samples: Credit Agreement (Corporate Office Properties, L.P.), Credit Agreement (Corporate Office Properties, L.P.)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the Revolving Lenders under Sections 2.1.(a), ~~2.4.(e~~2.3.(e) and ~~2.5.(e~~2.4.(e) shall be made from the Revolving Lenders, each payment of the fees under ~~Sections~~ Section 3.5.(b), the first sentence of Section 3.5.(c), and ~~3.5.(d~~Section 3.5.(e) shall be made for the account of the Revolving Lenders, and each termination or reduction of the amount of the Revolving Commitments under Section 2.13. or otherwise pursuant to this Agreement shall be applied to the respective Revolving Commitments of the Revolving Lenders, pro rata according to the amounts of their respective Revolving Commitments; (b) the making of Term Loans under Section 2.9. shall be made from the applicable Class of Term Loan Lenders, pro rata according to the amounts of their respective Term Loan Commitments of such Class; (c) each payment or prepayment of principal of ~~Revolving~~ a Class of Loans shall be made for the account of the ~~Revolving~~ Lenders of such Class pro rata in accordance with the respective unpaid principal amounts of the ~~Revolving~~ Loans of such Class held by them, provided that, subject to Section 3.9., if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the Revolving Lenders pro rata in accordance with their respective Revolving Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the Revolving Lenders pro rata in accordance with such respective Revolving Commitments; (~~c) the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (~~d) each payment ~~or prepayment~~ of ~~principal~~ interest on a Class of ~~Term~~ Loans shall be made for the account of the ~~Term Loan~~ Lenders ~~pro rata in accordance with the respective unpaid principal amounts~~ of ~~the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable,~~ such Class pro rata in accordance with the amounts of interest on such ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective ~~Lenders~~Lenders of such Class; (fe) the Conversion and Continuation of ~~Revolving Loans or Term~~ Loans of a particular Class and Type (other than Conversions provided for by Sections ~~5.1.(c~~4.1.(c) and ~~5.5~~4.5.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ of such Class according to the amounts of their respective ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ of such Class and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous; (f) each prepayment of principal of Bid Rate Loans pursuant to Section 2.8.(b)(ii) shall be made for account of the Lenders then owed Bid Rate Loans pro rata in accordance with the respective unpaid principal amounts of the Bid Rate Loans then owing to each such Lender; (g) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section ~~2.5~~2.4., shall be in accordance with their respective ~~Revolving~~ Commitment Percentages; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section ~~2.4~~2.3., shall be in accordance with their respective ~~Revolving~~ Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the applicable Swingline Lender only (except to the extent any Revolving Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section ~~2.5.(e~~2.4.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 2 contracts

Samples: Credit Agreement (Washington Real Estate Investment Trust), Credit Agreement (Washington Real Estate Investment Trust)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the ~~Revolving~~ Lenders under ~~Sections~~ Section 2.1.(a), ~~2.4.(e~~2.2.(e) and ~~2.5.(e~~2.3.(e) shall be made from the ~~Revolving~~ Lenders, each payment of the fees under ~~Sections~~ Section 3.5.(a), Section 3.5.(b), the first sentence of Section 3.5.(c), and Section 3.5.(d) shall be made for the account of the ~~Revolving~~ Lenders, ~~and~~ each termination or reduction of the amount of the ~~Revolving~~ Commitments under Section ~~2.13~~2.11., and the reduction of the amount of the Commitments under Section 2.15. shall be applied to the respective ~~Revolving~~ Commitments of the ~~Revolving~~ Lenders, pro rata according to the amounts of their respective ~~Revolving~~ Commitments; (b) each payment or prepayment of principal of Revolving Loans shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided that, subject to Section 3.9., if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective ~~Revolving~~ Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective ~~Revolving~~ Commitments; (c) the ~~making~~ conversion of the Revolving Loans into Term Loans ~~under~~ pursuant to Section ~~2.2.(a)~~ 2.15. shall be made ~~from the Term Loan Lenders~~ pro rata ~~according to~~ among the ~~amounts of~~ Lenders in accordance with their ~~respective Term Loan Commitments~~Commitment Percentages; (d) each payment or prepayment of on the principal of the Term Loans shall be made ~~for the~~ on account of the ~~Term Loan~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ pro rata in accordance with the amounts of interest on such ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; (f) the making, Conversion and Continuation of Revolving Loans or Term Loans of a particular Type (other than Conversions provided for by ~~Sections 5.1.(c) and 5.5~~Section 4.1.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective Revolving Loans or Term Loans, as applicable, and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous; (g) the ~~Revolving~~ Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section ~~2.5~~2.3., shall be in accordance with their respective ~~Revolving~~ Commitment Percentages; and (h) the ~~Revolving~~ Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section ~~2.4~~2.2., shall be in accordance with their respective ~~Revolving~~ Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section ~~2.5.(e~~2.3.(e), in which case such payments shall be pro rata in accordance with such participating interests). Any payment or prepayment of principal or interest made during the existence of a Default or Event of Default shall be made for the account of the Lenders and the Issuing Bank in accordance with the order set forth in Section 10.5.

Appears in 2 contracts

Samples: Credit Agreement (Select Income REIT), Closing Agreement (Select Income REIT)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the ~~Revolving~~ Lenders under ~~Sections~~ Section 2.1.(a~~), 2.4.(e) and 2.5.(e~~) shall be made from the ~~Revolving~~ Lenders, each payment of the ~~fees~~ Fees under ~~Sections 3.5.(b~~Section 3.6.(a), the first sentence of Section ~~3.5.(c),~~ 3.6.(b) and ~~3.5.(d~~Sections 3.6.(c) and (d) shall be made for the account of the ~~Revolving~~ Lenders, and each termination or reduction of the amount of the ~~Revolving~~ Commitments under Section ~~2.13~~2.11. shall be applied to the respective ~~Revolving~~ Commitments of the ~~Revolving~~ Lenders, pro rata according to the amounts of their respective ~~Revolving~~ Commitments; (b) each payment or prepayment of principal of Revolving Loans by the Borrower shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided ~~that, subject to Section 3.9.,~~ that if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective ~~Revolving~~ Commitments in effect at the time such ~~Revolving~~ Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective ~~Revolving~~ Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d)~~ each payment ~~or prepayment~~ of ~~principal of Term~~ interest on Revolving Loans by the Borrower shall be made for the account of the ~~Term Loan~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; (fd) the making, Conversion and Continuation of Revolving ~~Loans or Term~~ Loans of a particular Type (other than Conversions provided for by ~~Sections 5.1.(c) and 5.5~~Section 4.6.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective Commitments (in the case of making of Revolving Loans) or their respective Revolving Loans ~~or Term~~ (in the case of Conversions and Continuations of Revolving Loans~~, as applicable,~~ ) and the then current Interest Period for each Lender’s portion of each ~~such~~ Loan of such Type shall be coterminous; (ge) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section ~~2.4~~2.3., shall be pro rata in accordance with their respective ~~Revolving Commitment Percentages~~Commitments; and (f) the Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.2., shall be pro rata in accordance with their respective Commitments. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section ~~2.5.(e~~2.2.(e)~~, in which case such payments shall be pro rata in accordance with such participating interests~~).

Appears in 2 contracts

Samples: Credit Agreement (Hospitality Properties Trust), Credit Agreement (Hospitality Properties Trust)

Pro Rata Treatment. Except to the extent otherwise provided herein: , including, without limitation, Sections 3.9(c), 3.9(h), 5.6 and 13.7(d): (a) each borrowing from the Revolving Credit Lenders under Sections ~~2.1.(a)~~2.1, ~~2.4.(e~~2.3(d) and ~~2.5.(e~~2.4(e) shall be made from the Revolving Credit Lenders, each payment of the fees under Sections ~~3.5.(b~~3.5(a), 3.5(b) (to the extent payable to the Revolving Credit Lenders), the first sentence of ~~Section 3.5.(c~~3.5(c), and ~~3.5.(d)~~ 3.5(d), shall be made for the account of the Revolving Credit Lenders, and each termination or reduction of the amount of the Revolving Credit Commitments under Section ~~2.13.~~ 2.12 shall be applied to the respective Revolving Credit Commitments of the Revolving Credit Lenders, in each case pro rata according to the amounts of their respective Revolving ~~Commitments;~~ Credit Commitment Percentages; (b) each payment or prepayment of principal of Revolving Credit Loans shall be made for the account of the Revolving Credit Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Credit Loans held by them, provided that, subject to Section 3.9., if immediately prior to giving effect to any such payment in respect of any Revolving Credit Loans the ~~outstanding principal amount~~ Outstanding Amount of the Revolving Credit Loans shall not be held by the Revolving Credit Lenders pro rata in accordance with their respective Revolving Credit Commitments in effect at the time such Revolving Credit Loans were made, then such payment shall be applied to the Revolving Credit Loans in such manner as shall result, as nearly as is practicable, in the ~~outstanding principal amount~~ Outstanding Amount of the Revolving Credit Loans being held by the Revolving Credit Lenders pro rata in accordance with such respective Revolving ~~Commitments;~~ Credit Commitment Percentages; (c) [intentionally omitted]; (d) each payment of the ~~making of Term Loans~~ fees under ~~Section 2.2.(a~~Sections 3.5(a) shall be made ~~from~~ for the account of the applicable Term Loan Lenders pro rata ~~according to~~ in accordance with the respective unpaid principal amounts of ~~their respective~~ the applicable Term ~~Loan Commitments;~~ Loans held by them; (de) each payment or prepayment of principal of Term Loans shall be made for the account of the applicable Term Loan Lenders pro rata in accordance with the respective unpaid principal amounts of the applicable Term Loans held by them; ; (ef) each payment of interest on Revolving Credit Loans or Term Loans shall be made for the account of the Revolving Credit Lenders or the applicable Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such Revolving Credit Loans or Term Loans, as applicable, then due and payable to the respective Lenders; ; (fg) the making, Conversion and Continuation of Revolving Credit Loans or Term Loans of a particular Type (other than Conversions provided for by Sections ~~5.1.(c~~5.1(c) and 5.5.) shall be made pro rata among the Revolving Credit Lenders or the applicable Term Loan Lenders, as applicable, according to the ~~amounts~~ Outstanding Amounts of their respective Revolving Credit Loans or applicable Term ~~Loans~~Loan, as applicable, and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous; (h) intentionally omitted; and (gi) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Credit Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section ~~2.4.~~2.3, shall be in accordance with their respective Revolving Credit Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section 2.5.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 2 contracts

Samples: Credit Agreement (RLJ Lodging Trust), Credit Agreement (RLJ Lodging Trust)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the ~~Revolving~~ Lenders under Sections 2.1.(a), ~~2.4.(e~~2.2.(e) and ~~2.5.(e~~2.3.(e) shall be made from the ~~Revolving~~ Lenders, each payment of the fees under Sections 3.5.(a), 3.5.(b), the first sentence of ~~Section~~ 3.5.(c), and 3.5.(d) shall be made for the account of the ~~Revolving~~ Lenders, and each termination or reduction of the amount of the ~~Revolving~~ Commitments under Section ~~2.13~~2.11. shall be applied to the respective ~~Revolving~~ Commitments of the ~~Revolving~~ Lenders, pro rata according to the amounts of their respective ~~Revolving~~ Commitments; (b) each payment or prepayment of principal of Revolving Loans shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided that, subject to Section 3.9., if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective ~~Revolving~~ Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective ~~Revolving~~ Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d)~~ each payment ~~or prepayment~~ of ~~principal of Term~~ interest on Revolving Loans shall be made for the account of the Term Loan Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders~~, as applicable~~, pro rata in accordance with the amounts of interest on such Revolving Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; (fd) the making, Conversion and Continuation of Revolving ~~Loans or Term~~ Loans of a particular Type (other than Conversions provided for by Sections ~~5.1.(c~~4.1.(c) and ~~5.5~~4.5.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective Revolving Loans ~~or Term Loans, as applicable,~~ and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous; (ge) the ~~Revolving~~ Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section ~~2.5~~2.3., shall be in accordance with their respective ~~Revolving~~ Commitment Percentages; and (hf) the ~~Revolving~~ Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section ~~2.4~~2.2., shall be in accordance with their respective ~~Revolving~~ Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section ~~2.5.(e~~2.3.(e), in which case such payments shall be pro rata in accordance with such participating interests). Any payment or prepayment of principal or interest made during the existence of a Default or Event of Default shall be made for the account of the Lenders and the Issuing Bank in accordance with the order set forth in Section 10.5.

Appears in 2 contracts

Samples: Credit Agreement (Hospitality Properties Trust), Credit Agreement (Senior Housing Properties Trust)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the Revolving Lenders under ~~Sections 2.1.(a), 2.4.(e) and 2.5.(e~~Section 2.1(a) shall be made from the Revolving Lenders, each payment of the fees under ~~Sections 3.5.(b), the first sentence of~~ Section ~~3.5.(c), and 3.5.(d)~~ 3.5 shall be made for the account of the Revolving Lenders, and each termination or reduction of the amount of the Revolving Commitments under Section ~~2.13.~~ 2.10 shall be applied to the respective Revolving Commitments of the Revolving Lenders, pro rata according to the amounts of their respective Revolving Commitments; (b) each payment or prepayment of principal of Revolving Loans shall be made for the account of the Revolving Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided that, subject to Section 3.9., if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the Revolving Lenders pro rata in accordance with their respective Revolving Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the Revolving Lenders pro rata in accordance with ~~such~~ their respective Revolving Commitments; (c) the making of Term Loans under Section ~~2.2.(a)~~ 2.2 shall be made from the ~~Term Loan Lenders~~ Lenders, pro rata ~~according to~~ in accordance with the ~~amounts of their~~ respective ~~Term Loan~~ Revolving Commitments; (d) each payment or prepayment of principal of Term Loans shall be made for the account of the Term Loan Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the ~~Revolving Lenders or Term Loan~~ Lenders~~, as applicable~~, pro rata in accordance with the amounts of interest on such Revolving Loans or Term Loans, as applicable, then due and payable to the respective Lenders; and (f) the making, Conversion and Continuation of Revolving Loans or Term Loans of a particular Type (other than Conversions provided for by ~~Sections 5.1.(c~~Section 4.1(c) and ~~5.5.~~Section 4.5) shall be made pro rata among the Revolving Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective Revolving Loans ~~or Term Loans, as applicable,~~ and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous~~; (g) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5~~., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.4., shall be in accordance with their respective Revolving Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section 2.5.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 2 contracts

Samples: Subordinated Credit Agreement (Rouse Properties, Inc.), Subordinated Credit Agreement (Rouse Properties, Inc.)

Appears in 2 contracts

Samples: Credit Agreement (Tier Reit Inc), Credit Agreement (Tier Reit Inc)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the ~~Revolving~~ Lenders under ~~Sections~~ Section 2.1.(a~~), 2.4.(e) and 2.5.(e~~) shall be made from the ~~Revolving~~ Lenders, each payment of the ~~fees~~ Fees under ~~Sections 3.5.(b~~Section 3.6.(a), the first sentence of Section ~~3.5.(c),~~ 3.6.(b) and ~~3.5.(d~~Section 3.6.(c) shall be made for the account of the ~~Revolving~~ Lenders, and each termination or reduction of the amount of the ~~Revolving~~ Commitments under Section ~~2.13~~2.12. shall be applied to the respective ~~Revolving~~ Commitments of the ~~Revolving~~ Lenders, pro rata according to the amounts of their respective ~~Revolving~~ Commitments; (b) each payment or prepayment of principal of Revolving Loans by the Borrower shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided ~~that, subject to Section 3.9.,~~ that if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective ~~Revolving~~ Commitments in effect at the time such ~~Revolving~~ Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective ~~Revolving~~ Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d)~~ each payment ~~or prepayment~~ of ~~principal of Term~~ interest on Revolving Loans by the Borrower shall be made for the account of the ~~Term Loan~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; (fd) the making, Conversion and Continuation of Revolving ~~Loans or Term~~ Loans of a particular Type (other than Conversions provided for by ~~Sections 5.1.(c) and 5.5~~Section 4.6.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective ~~Revolving~~ Commitments (in the case of making of Loans) or their respective Loans ~~or Term~~ (in the case of Conversions and Continuations of Loans~~, as applicable,~~ ) and the then current Interest Period for each Lender’s 's portion of each ~~such~~ Loan of such Type shall be coterminous; (ge) the ~~Revolving~~ Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ ' participation in, and payment obligations in respect of, Letters of Credit under Section 2.4., shall be pro rata in accordance with their respective ~~Revolving Commitment Percentages~~Commitments; (f) the Lenders' participation in, and payment obligations in respect of, Swingline Loans under Section 2.3., shall be in accordance with their respective Commitments; and (g) each mandatory prepayment of principal of Bid Rate Loans by the Borrower pursuant to Section 2.8.(b) shall be made for account of the Lenders then owed Bid Rate Loans pro rata in accordance with the respective unpaid principal amounts of the Bid Rate Loans then owing to each such Lender. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section ~~2.5.(e~~2.3.(e)~~, in which case such payments shall be pro rata in accordance with such participating interests~~).

Appears in 2 contracts

Samples: Credit Agreement (Post Apartment Homes Lp), Credit Agreement (HRPT Properties Trust)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the ~~Revolving~~ applicable Lenders under ~~Sections 2.1.(a~~Section 2.1(a), ~~2.4.(e~~Section 2.1(b) and ~~2.5.(e~~Section 2.2(e) shall be made from the applicable Lenders in accordance with their applicable Revolving ~~Lenders~~Credit Commitments or Term Loan Commitments, as the case may be, and each payment of the ~~fees~~ Fees under ~~Sections 3.5.(b),~~ Section 3.6(a) and the first sentence of Section ~~3.5.(c), and 3.5.(d~~3.6(b) shall be made for the account of the Revolving ~~Lenders~~Credit Lenders in accordance with their applicable Revolving Credit Commitments, and each termination or reduction of the amount of the Revolving Credit Commitments under Section ~~2.13.~~ 2.10 shall be applied to the respective Revolving Credit Commitments of in accordance with the ~~Revolving Lenders, pro rata according to the amounts~~ amount of their respective applicable Revolving Credit Commitments; (b) each payment ~~or prepayment~~ of principal of Revolving Credit Loans or Term Loans, as applicable, shall be made for the account of the Revolving Credit Lenders or Term Lenders, as applicable, pro rata in accordance with the respective unpaid principal amounts of the ~~Revolving~~ applicable Loans held by ~~them~~such Lenders, provided ~~that, subject to Section 3.9.,~~ that if immediately prior to giving effect to any such payment in respect of any ~~Revolving~~ Loans the outstanding principal amount of the Revolving Credit Loans or Term Loans, as applicable, shall not be held by the ~~Revolving~~ applicable Lenders pro rata in accordance with their respective ~~Revolving~~ Commitments in effect at the time such ~~Revolving~~ Loans were made, then such payment shall be applied to the Revolving Credit Loans or Term Loans, as applicable, in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the ~~Revolving~~ Loans being held by the ~~Revolving~~ applicable Lenders pro rata in accordance with ~~such~~ their respective ~~Revolving~~ applicable Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d)~~ each payment ~~or prepayment~~ of ~~principal of Term~~ interest on the Loans shall be made for the account of the ~~Term Loan~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; (fd) the making, Conversion and Continuation of ~~Revolving Loans or Term~~ Loans of a particular Type (other than Conversions provided for by ~~Sections 5.1.(c) and 5.5.~~Section 4.6) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective ~~Revolving~~ Commitments (in the case of making of Loans) or their respective Loans ~~or Term~~ (in the case of Conversions and Continuations of Loans~~, as applicable,~~ ) and the then current Interest Period for each Lender’s portion of each ~~such~~ Loan of such Type shall be coterminous; and (ge) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Credit Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section ~~2.4.~~2.2, shall be in accordance with their respective Revolving Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section 2.5.(e), in which case such payments shall be pro rata in accordance with ~~such participating interests)~~their respective Revolving Credit Commitments.

Appears in 2 contracts

Samples: Credit Agreement (Epr Properties), Credit Agreement (Epr Properties)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the Revolving Lenders under Sections ~~2.1.(a), 2.4.(e~~2.1(a) and ~~2.5.(e~~2.4(e) shall be made from the Revolving Lenders, each payment of the fees under Sections ~~3.5.(b~~3.5(a), 3.5(b), the first sentence of Section ~~3.5.(c~~3.5(c), and ~~3.5.(d~~Section 3.5(e) shall be made for the account of the Revolving Lenders, and each termination or reduction of the amount of the Revolving Commitments under Section ~~2.13.~~ 2.13 shall be applied to the respective Revolving Commitments of the Revolving Lenders, pro rata according to the amounts of their respective Revolving Commitments; (b) each payment or prepayment of principal of Revolving Loans shall be made for the account of the Revolving Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided that, subject to Section 3.9., if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the Revolving Lenders pro rata in accordance with their respective Revolving Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the Revolving Lenders pro rata in accordance with ~~such~~ their respective Revolving Commitments; (c) the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d) each payment or prepayment of principal of Term Loans shall be made for the account of the Term Loan Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving ~~Loans or Term~~ Loans shall be made for the account of the Revolving Lenders ~~or Term Loan Lenders, as applicable,~~ pro rata in accordance with the amounts of interest on such Revolving Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; (fd) the making, Conversion and Continuation of Revolving ~~Loans or Term~~ Loans of a particular Type (other than Conversions provided for by Sections ~~5.1.(c~~5.1(c) and 5.5.) shall be made pro rata among the Revolving Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective Revolving Loans ~~or Term Loans, as applicable,~~ and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous; ~~(g) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5., shall be in accordance with their respective Revolving Commitment Percentages;~~ and (he) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.4., shall be in accordance with their respective ~~Revolving~~ Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section 2.5.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 2 contracts

Samples: Credit Agreement (American Realty Capital Properties, Inc.), Credit Agreement (CapLease, Inc.)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the ~~Revolving~~ Lenders under ~~Sections~~ Section 2.1.(a~~), 2.4.(e) and 2.5.(e~~) shall be made from the ~~Revolving~~ Lenders, each payment of the ~~fees~~ Fees under ~~Sections 3.5.(b~~Section 3.6.(a), the first sentence of Section ~~3.5.(c),~~ 3.6.(b) and ~~3.5.(d~~Sections 3.6.(c) and (d) shall be made for the account of the ~~Revolving~~ Lenders, and each termination or reduction of the amount of the ~~Revolving~~ Commitments under Section ~~2.13~~2.11. shall be applied to the respective ~~Revolving~~ Commitments of the ~~Revolving~~ Lenders, pro rata according to the amounts of their respective ~~Revolving~~ Commitments; (b) each payment or prepayment of principal of Revolving Loans by the Borrower shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided ~~that, subject to Section 3.9.,~~ that if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective ~~Revolving~~ Commitments in effect at the time such ~~Revolving~~ Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective ~~Revolving~~ Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d)~~ each payment ~~or prepayment~~ of ~~principal of Term~~ interest on Revolving Loans by the Borrower shall be made for the account of the ~~Term Loan~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; (fd) the making, Conversion and Continuation of Revolving ~~Loans or Term~~ Loans of a particular Type (other than Conversions provided for by ~~Sections 5.1.(c) and 5.5~~Section 4.6.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective ~~Revolving~~ Commitments (in the case of making of Loans) or their respective Loans ~~or Term~~ (in the case of Conversions and Continuations of Loans~~, as applicable,~~ ) and the then current Interest Period for each Lender’s 's portion of each ~~such~~ Loan of such Type shall be coterminous; (ge) the ~~Revolving~~ Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ ' participation in, and payment obligations in respect of, Letters of Credit under Section ~~2.4~~2.3., shall be pro rata in accordance with their respective Commitments; and (f) the Lenders' participation in, and payment obligations in respect of, Swingline Loans under Section 2.2., shall be in accordance with their respective ~~Revolving Commitment Percentages~~Commitments. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section ~~2.5.(e~~2.2.(e)~~, in which case such payments shall be pro rata in accordance with such participating interests~~).

Appears in 2 contracts

Samples: Credit Agreement (Senior Housing Properties Trust), Credit Agreement (Hospitality Properties Trust)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the ~~Revolving~~ Lenders under ~~Sections 2.1.(a), 2.4.(e) and 2.5.(e~~Section 2.1(a) shall be made from the ~~Revolving~~ Lenders, each payment of the ~~fees~~ Fees under ~~Sections 3.5.(b),~~ Section 3.6(a) and Section 3.6(b) (other than those solely for the ~~first sentence~~ account of ~~Section 3.5.(c), and 3.5.(d~~the Issuing Lender) shall be made for the account of the ~~Revolving~~ Lenders, and each termination or reduction of the amount of the ~~Revolving~~ Commitments under Section ~~2.13.~~ 2.12 shall be applied to the respective ~~Revolving~~ Commitments of the ~~Revolving~~ Lenders, pro rata according to the amounts of their respective ~~Revolving~~ Commitments; (b) each payment or prepayment of principal of Revolving Loans by the Borrowers shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided ~~that, subject to Section 3.9.,~~ that if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective ~~Revolving~~ Commitments in effect at the time such ~~Revolving~~ Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective ~~Revolving~~ Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d)~~ each payment ~~or prepayment~~ of ~~principal of Term~~ interest on Revolving Loans by the Borrowers shall be made for the account of the ~~Term Loan~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; (fd) the making, Conversion and Continuation of Revolving ~~Loans or Term~~ Loans of a particular Type (other than Conversions provided for by ~~Sections 5.1.(c) and 5.5.~~Section 4.6) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective ~~Revolving~~ Commitments (in the case of making of Loans) or their respective Loans ~~or Term~~ (in the case of Conversions and Continuations of Loans~~, as applicable,~~ ) and the then current Interest Period for each Lender’s 's portion of each ~~such~~ Loan of such Type shall be coterminous; (ge) the ~~Revolving~~ Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ ' participation in, and payment obligations in respect of, Letters of Credit under Section 2.4., shall be pro rata in accordance with their respective Commitments; and (f) the Lenders' participation in, and payment obligations in respect of, Swingline Loans under Section 2.2, shall be in accordance with their respective ~~Revolving Commitment Percentages~~Commitments. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section ~~2.5.(e~~2.2(e), ). All payments of principal and interest in ~~which case such payments~~ respect of Competitive Advances shall be ~~pro rata in accordance with~~ for the account of the Lender making such ~~participating interests)~~Competitive Advance only.

Appears in 2 contracts

Samples: Credit Agreement (Gables Residential Trust), Credit Agreement (Gables Realty Limited Partnership)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the Revolving Lenders under ~~Sections~~ Section 2.1.(a~~), 2.4.(e~~) and ~~2.5.(e~~2.3.(e) shall be made from the Revolving Lenders, each payment of the fees under ~~Sections~~ Section 3.5.(b), the first sentence of 3.5.(c) and Section ~~3.5.(c), and~~ 3.5.(d) shall be made for the account of the Revolving Lenders, and each termination or reduction of the amount of the Revolving Commitments under Section ~~2.13~~2.12. shall be applied to the respective Revolving Commitments of the Revolving Lenders, pro rata according to the amounts of their respective Revolving Commitments; (b) each payment or prepayment of principal of ~~Revolving~~ a Class of Loans shall be made for the account of the ~~Revolving~~ Lenders of such Class pro rata in accordance with the respective unpaid principal amounts of the ~~Revolving~~ Loans of such Class held by them, provided that, subject to Section 3.9., if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the Revolving Lenders pro rata in accordance with their respective Revolving Commitments in effect at the time such ~~Revolving~~ Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the Revolving Lenders pro rata in accordance with ~~such~~ their respective Revolving Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d)~~ each payment ~~or prepayment~~ of ~~principal~~ interest on a Class of ~~Term~~ Loans shall be made for the account of the ~~Term Loan~~ Lenders ~~pro rata in accordance with the respective unpaid principal amounts~~ of ~~the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable,~~ such Class pro rata in accordance with the amounts of interest on such ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Class of Lenders; (fd) the Conversion and Continuation of ~~Revolving Loans or Term~~ Loans of a particular Class and Type (other than Conversions provided for by Sections ~~5.1.(c~~4.1.(c) and ~~5.5~~4.5.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ of such Class according to the amounts of their ~~respective Revolving~~ Loans ~~or Term Loans, as applicable,~~ of such Class and the then current Interest Period for each Lender’s portion of each ~~such~~ Loan of such Type shall be coterminous; (g) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.4., shall be in accordance with their respective Revolving Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section 2.5.(e), in which case such payments shall be pro rata in accordance with such participating interests).;

Appears in 2 contracts

Samples: Credit Agreement (Equity Lifestyle Properties Inc), Credit Agreement (Equity Lifestyle Properties Inc)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the ~~Revolving~~ Lenders under ~~Sections~~ Section 2.1.(a), ~~2.4.(e~~2.2.(e) and ~~2.5.(e~~2.3.(e) shall be made from the ~~Revolving~~ Lenders, each payment of the fees under ~~Sections~~ Section 3.5.(a), Section 3.5.(b), the first sentence of Section 3.5.(c), and Section 3.5.(d) shall be made for the account of the ~~Revolving~~ Lenders, and each termination or reduction of the amount of the ~~Revolving~~ Commitments under Section ~~2.13~~2.11. shall be applied to the respective ~~Revolving~~ Commitments of the ~~Revolving~~ Lenders, pro rata according to the amounts of their respective ~~Revolving~~ Commitments; (b) each payment or prepayment of principal of Revolving Loans shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided that, subject to Section 3.9., if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective ~~Revolving~~ Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective ~~Revolving~~ Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d)~~ each payment ~~or prepayment~~ of ~~principal of Term~~ interest on Revolving Loans shall be made for the account of the ~~Term Loan~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such Revolving Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; (fd) the making, Conversion and Continuation of Revolving ~~Loans or Term~~ Loans of a particular Type (other than Conversions provided for by ~~Sections 5.1.(c) and 5.5~~Section 4.1.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective Revolving Loans ~~or Term Loans, as applicable,~~ and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous; (ge) the ~~Revolving~~ Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section ~~2.5~~2.3., shall be in accordance with their respective ~~Revolving~~ Commitment Percentages; and (hf) the ~~Revolving~~ Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section ~~2.4~~2.2., shall be in accordance with their respective ~~Revolving~~ Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section ~~2.5.(e~~2.3.(e), in which case such payments shall be pro rata in accordance with such participating interests). Any payment or prepayment of principal or interest made during the existence of a Default or Event of Default shall be made for the account of the Lenders and the Issuing Bank in accordance with the order set forth in Section 10.5.

Appears in 2 contracts

Samples: Credit Agreement (Government Properties Income Trust), Credit Agreement (CommonWealth REIT)

Pro Rata Treatment. Except to the extent otherwise provided herein: , including, without limitation, Sections 3.9(c), 3.9(h), 5.6 and 13.7(d): (a) each borrowing from the Revolving Credit Lenders under Sections ~~2.1.(a)~~2.1, ~~2.4.(e~~2.3(d) and ~~2.5.(e~~2.4(e) shall be made from the Revolving Credit Lenders, each payment of the fees under Sections ~~3.5.(b~~3.5(a), 3.5(b) (to the extent payable to the Revolving Credit Lenders), the first sentence of ~~Section 3.5.(c~~3.5(c), and ~~3.5.(d)~~ 3.5(d), shall be made for the account of the Revolving Credit Lenders, and each termination or reduction of the amount of the Revolving Credit Commitments under Section ~~2.13.~~ 2.12 shall be applied to the respective Revolving Credit Commitments of the Revolving Credit Lenders, in each case pro rata according to the amounts of their respective Revolving ~~Commitments;~~ Credit Commitment Percentages; (b) each payment or prepayment of principal of Revolving Credit Loans shall be made for the account of the Revolving Credit Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Credit Loans held by them, provided that, subject to Section 3.9., if immediately prior to giving effect to any such payment in respect of any Revolving Credit Loans the ~~outstanding principal amount~~ Outstanding Amount of the Revolving Credit Loans shall not be held by the Revolving Credit Lenders pro rata in accordance with their respective Revolving Credit Commitments in effect at the time such Revolving Credit Loans were made, then such payment shall be applied to the Revolving Credit Loans in such manner as shall result, as nearly as is practicable, in the ~~outstanding principal amount~~ Outstanding Amount of the Revolving Credit Loans being held by the Revolving Credit Lenders pro rata in accordance with such respective Revolving ~~Commitments;~~ Credit Commitment Percentages; (c) [intentionally omitted]; (d) each payment of the ~~making of Term Loans~~ fees under ~~Section 2.2.(a~~Sections 3.5(a) shall be made ~~from~~ for the account of the applicable Term Loan Lenders pro rata ~~according to~~ in accordance with the respective unpaid principal amounts of ~~their respective~~ the applicable Term ~~Loan Commitments;~~ Loans held by them; (de) each payment or prepayment of principal of Term Loans shall be made for the account of the applicable Term Loan Lenders pro rata in accordance with the respective unpaid principal amounts of the applicable Term Loans held by them; ; (ef) each payment of interest on Revolving Credit Loans or Term Loans shall be made for the account of the Revolving Credit Lenders or the applicable Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such Revolving Credit Loans or Term Loans, as applicable, then due and payable to the respective Lenders; ; (fg) the making, Conversion and Continuation of Revolving Credit Loans or Term Loans of a particular Type (other than Conversions provided for by Sections ~~5.1.(c~~5.1(c) and 5.5.) shall be made pro rata among the Revolving Credit Lenders or the applicable Term Loan Lenders, as applicable, according to the ~~amounts~~ Outstanding Amounts of their respective Revolving Credit Loans or applicable Term ~~Loans~~Loan, as applicable, and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous; ; (gh) the Revolving Credit Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section ~~2.5.~~2.4, shall be in accordance with their respective Revolving Credit Commitment Percentages~~; and~~ ; (hi) the Revolving Credit Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section ~~2.4.~~2.3, shall be in accordance with their respective Revolving Credit Commitment Percentages~~. All~~ ; and (j) all payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the applicable Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section ~~2.5.(e~~2.4(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 2 contracts

Samples: Credit Agreement (RLJ Lodging Trust), Credit Agreement (RLJ Lodging Trust)

Pro Rata Treatment. Except to the extent otherwise provided herein: (aa)(i) each borrowing from ~~the Revolving~~ Lenders under Sections ~~2.1.(a~~2.1(a), ~~2.4.(e~~2.4(e) and ~~2.5.(e~~2.5(e) shall be made from the ~~Revolving~~ Lenders, (ii) each payment of the fees under Sections ~~3.5.(b~~3.5(a), 3.5(b), and the first sentence of ~~Section 3.5.(c),~~ Sections 3.5(c) and ~~3.5.(d~~3.5(e) shall be made for the account of the ~~Revolving~~ Lenders, and (iii) each termination or reduction of the amount of the Revolving Commitments under Section ~~2.13.~~ 2.14 shall be applied to the respective Revolving Commitments of the ~~Revolving~~ Lenders, pro rata according to the amounts of their respective Revolving Commitments; (b) each payment or prepayment of principal of Revolving Loans denominated in Dollars by the Borrower shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided ~~that, subject to Section 3.9.,~~ that if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective Revolving Commitments in effect at the time such ~~Revolving~~ Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by ~~the Revolving~~ such Lenders pro rata in accordance with ~~such~~ their respective Revolving Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d)~~ each payment or ~~prepayment~~ repayment of ~~principal of Term~~ interest on Revolving Loans denominated in Dollars by the Borrower shall be made for the account of the ~~Term Loan~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such Revolving Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; (d) each payment or prepayment of principal of Multicurrency Loans by the Borrower shall be made for the account of the Multicurrency Lenders pro rata in accordance with the respective unpaid principal amount of the Multicurrency Loans (in like currency) held by them, provided that if immediately prior to giving effect to any such payment in respect of any Multicurrency Loans the outstanding principal amount of the Multicurrency Loans shall not be held by the Multicurrency Lenders pro rata in accordance with their respective Multicurrency Revolving Commitments in effect at the time such Multicurrency Loans were made, then such payment shall be applied to the Multicurrency Loans (of like currency) in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Multicurrency Loans being held by such Multicurrency Lenders pro rata in accordance with their respective Multicurrency Revolving Commitments; (e) each payment or repayment of interest on Multicurrency Loans by the Borrower shall be made for the account of the Multicurrency Lenders pro rata in accordance with the amounts of interest on such Multicurrency Loans then due and payable to the respective Multicurrency Lenders; (f) the Conversion and Continuation of ~~Revolving Loans or Term~~ Loans of a particular Type (other than Conversions provided for by ~~Sections 5.1.(c~~Section 5.1(c) ~~and~~ or Section 5.5.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ and the then current Interest ~~Period~~ Period, for each Lender’s portion of each ~~such~~ Loan of such Type shall be coterminous; (g) each prepayment of principal of Bid Rate Loans by the ~~Revolving~~ Borrower pursuant to Section 2.9(b)(iii) shall be applied to those Bid Rate Loans selected by the Borrower provided no Event of Default exists, or in order of maturity; (h) the Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5., shall be in accordance with their respective ~~Revolving Commitment Percentages~~Pro Rata Share; and (hi) the ~~Revolving~~ Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.4., shall be in accordance with their respective ~~Revolving Commitment Percentages~~Pro Rata Share. All payments of principal, interest, ~~fees~~ fees, and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section ~~2.5.(e~~2.5(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 2 contracts

Samples: Credit Agreement (Equity One, Inc.), Credit Agreement (Equity One, Inc.)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the Revolving Lenders under Sections 2.1.(a), 2.4.(e) and 2.5.(e) shall be made from the applicable Class of Revolving Lenders, each payment of the fees under Sections 3.5.(b), the first sentence of ~~Section~~ 3.5.(c), and ~~3.5.(d~~3.5.(e) shall be made for the account of the Revolving ~~Lenders~~Lenders of the applicable Class, and each termination or reduction of the amount of the applicable Class of Revolving Commitments under Section 2.13. shall be applied to the respective Class of Revolving Commitments of the applicable Class of Revolving Lenders, pro rata according to the amounts of their respective Revolving ~~Commitments~~Commitments of such Class; (b) each payment or prepayment of principal of Revolving Loans shall be made for the account of the Revolving Lenders of the applicable Class pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans of such Class held by them, ; provided that, subject to Section 3.9., if immediately prior to giving effect to any such payment in respect of any Class of Revolving Loans the outstanding principal amount of the Revolving Loans of such Class shall not be held by the Revolving Lenders of such Class pro rata in accordance with their respective Revolving Commitments of such Class in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans of such Class in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans of such Class being held by the Revolving Lenders of such Class pro rata in accordance with such respective Revolving Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments~~[reserved]; (d) each payment or prepayment of principal of Term Loans shall be made for the account of the Term Loan Lenders of the applicable Class pro rata in accordance with the respective unpaid principal amounts of the Term Loans of such Class held by them; (e) each payment of interest on ~~Revolving~~ Loans ~~or Term Loans~~ of a Class shall be made for the account of the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ of such Class pro rata in accordance with the amounts of interest on such ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ of such Class then due and payable to the respective Lenders; (f) the Conversion and Continuation of ~~Revolving Loans or Term~~ Loans of a particular Type and Class (other than Conversions provided for by Sections 5.1.(c) and 5.5.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ of such Class according to the amounts of their respective ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ of such Class and the then current Interest Period for each such Lender’s portion of each such Loan of such Type and Class shall be coterminous; (g) each prepayment of principal of Bid Rate Loans pursuant to Section 2.9.(b)(iv) shall be made for account of the Lenders then owed Bid Rate Loans pro rata in accordance with the respective unpaid principal amounts of the Bid Rate Loans then owing to each such Lender; (h) the Tranche 1 Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5., shall be in accordance with their respective Tranche 1 Revolving Commitment Percentages; and (hi) the Tranche 1 Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.4., shall be in accordance with their respective Tranche 1 Revolving Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the applicable Swingline Lender only (except to the extent any Tranche 1 Revolving Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section 2.5.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 2 contracts

Samples: Credit Agreement (Realty Income Corp), Credit Agreement (Realty Income Corp)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the Revolving Lenders under Sections ~~2.1.(a~~2.1(a), ~~2.4.(e~~2.4(e) and ~~2.5.(e~~2.5(e) shall be made from the Revolving Lenders, each payment of the fees under Sections ~~3.5.(b~~3.5(a), 3.5(b), the first sentence of ~~Section 3.5.(c~~3.5(c), and ~~3.5.(d~~3.5(e) shall be made for the account of the Revolving Lenders, and each termination or reduction of the amount of the Revolving Commitments under Section ~~2.13.~~ 2.13 shall be applied to the respective Revolving Commitments of the Revolving Lenders, pro rata according to the amounts of their respective Revolving Commitments; (b) each payment or prepayment of principal of Revolving Loans shall be made for the account of the Revolving Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided that, subject to Section 3.9., if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the Revolving Lenders pro rata in accordance with their respective Revolving Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the Revolving Lenders pro rata in accordance with ~~such~~ their respective Revolving Commitments; (c) the making of a Class of Term Loans under Section ~~2.2.(a~~2.2(a) shall be made from the Term Loan Lenders of such Class, pro rata according to the amounts of their respective Term Loan ~~Commitments~~Commitments of such Class; (d) each payment or prepayment of principal of Term Loans of a given Class shall be made for the account of the Term Loan Lenders of such Class pro rata in accordance with the respective unpaid principal amounts of the Term Loans of such Class held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such Revolving Loans or Term Loans, as applicable, then due and payable to ~~the respective~~ such Lenders, respectively; (f) the making, Conversion and Continuation of ~~Revolving Loans or Term~~ Loans of a particular Type and Class (other than Conversions provided for by Sections ~~5.1.(c~~5.1(c) and 5.5.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ of such Class according to the amounts of their respective ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ of such Class and the then current Interest Period for each Lender’s portion of each such Loan of such Type and Class shall be coterminous; (g) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.4., shall be in accordance with their respective Revolving Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Revolving Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section ~~2.5.(e~~2.5(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 2 contracts

Samples: Credit Agreement (Hudson Pacific Properties, L.P.), Credit Agreement (Hudson Pacific Properties, L.P.)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the ~~Revolving~~ Lenders under Sections ~~2.1.(a~~2.01(a), ~~2.4.(e~~2.02(e) and ~~2.5.(e~~2.03(e) shall be made from the ~~Revolving~~ Lenders, each payment of the ~~fees~~ Fees under Sections ~~3.5.(b~~3.05(a), 3.05(b), and the first sentence of ~~Section 3.5.(c), and 3.5.(d~~3.05(c) shall be made for the account of the ~~Revolving~~ Lenders, and each termination or reduction of the amount of the Revolving Commitments under Section ~~2.13.~~ 2.11 shall be applied to the respective Revolving Commitments of the ~~Revolving~~ Lenders, pro rata according to the amounts of their respective Revolving Commitments; (b) each payment or prepayment of principal of Revolving Loans shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided that, subject to Section ~~3.9.~~3.09, if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective Revolving Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective Revolving Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d)~~ each payment ~~or prepayment~~ of ~~principal of Term~~ interest on Revolving Loans shall be made for the account of the ~~Term Loan~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such Revolving Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; (fd) the making, Conversion and Continuation of Revolving ~~Loans or Term~~ Loans of a particular Type (other than Conversions provided for by ~~Sections 5.1.(c) and 5.5.~~Section 4.05) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective Revolving Loans ~~or Term Loans, as applicable,~~ and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous; (ge) the ~~Revolving~~ Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section ~~2.5.~~2.03, shall be in accordance with their respective Revolving Commitment Percentages; and (hf) the ~~Revolving~~ Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section ~~2.4.~~2.02, shall be in accordance with their respective Revolving Commitment Percentages. All payments of principal, interest, ~~fees~~ Fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section ~~2.5.(e~~2.03(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 2 contracts

Samples: Credit Agreement (General Growth Properties, Inc.), Credit Agreement (General Growth Properties, Inc.)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the ~~Revolving~~ Lenders under ~~Sections~~ Section 2.1.(a~~), 2.4.(e~~) 2.2.(a) and ~~2.5.(e~~2.4.(e) shall be made from the ~~Revolving~~ Lenders, each payment of the ~~fees~~ Fees under ~~Sections 3.5.(b),~~ Section 3.8.(a) and the first sentence of Section ~~3.5.(c), and 3.5.(d~~3.8.(b) shall be made for the account of the ~~Revolving~~ Lenders, and each termination or reduction of the amount of the ~~Revolving~~ Commitments under Section ~~2.13~~2.12. shall be applied to the respective ~~Revolving~~ Commitments of the ~~Revolving~~ Lenders, pro rata according to the amounts of their respective ~~Revolving~~ Commitments; (b) each payment or prepayment of principal of Revolving Loans by the Borrower or the Florida Borrower shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by ~~them~~them and owing by the Borrower or the Florida Borrower, as applicable, provided ~~that, subject to Section 3.9.,~~ that if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective ~~Revolving~~ Commitments in effect at the time such ~~Revolving~~ Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective ~~Revolving~~ Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d)~~ each payment of interest on Revolving Loans by the Borrower or ~~prepayment of principal of Term Loans~~ the Florida Borrower shall be made for the account of the ~~Term Loan~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; (fd) the making, Conversion and Continuation of Revolving ~~Loans or Term~~ Loans of a particular Type (other than Conversions provided for by ~~Sections 5.1.(c) and~~ Section 5.5.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective Commitments (in the case of making of Revolving Loans) or their respective Revolving Loans ~~or Term~~ (in the case of Conversions and Continuations of Revolving Loans~~, as applicable,~~ ) and the then current Interest Period for each Lender’s portion of each ~~such~~ Revolving Loan of such Type shall be coterminous; and (ge) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.4., shall be pro rata in accordance with their respective Revolving Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section 2.5.(e), in which case such payments shall be pro rata in accordance with such participating interests)Commitments.

Appears in 2 contracts

Samples: Credit Agreement (Morgans Hotel Group Co.), Credit Agreement (Morgans Hotel Group Co.)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the ~~Revolving~~ Lenders under ~~Sections~~ Section 2.1.(a), ~~2.4.(e~~2.2.(e) and ~~2.5.(e~~2.3.(e) shall be made from the ~~Revolving~~ Lenders, each payment of the ~~fees~~ Fees under ~~Sections 3.5.(b~~Section 3.6.(a), Section 3.6.(b), the first sentence of Section ~~3.5.(c~~3.6.(c), and ~~3.5.(d~~Section 3.6.(d) shall be made for the account of the ~~Revolving~~ Lenders, and each termination or reduction of the amount of the ~~Revolving~~ Commitments under Section ~~2.13~~2.11. shall be applied to the respective ~~Revolving~~ Commitments of the ~~Revolving~~ Lenders, pro rata according to the amounts of their respective ~~Revolving~~ Commitments; (b) each payment or prepayment of principal of Revolving Loans by the Borrower shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided ~~that, subject to Section 3.9.,~~ that if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective ~~Revolving~~ Commitments in effect at the time such ~~Revolving~~ Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective ~~Revolving~~ Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d)~~ each payment ~~or prepayment~~ of ~~principal of Term~~ interest on Revolving Loans by the Borrower shall be made for the account of the ~~Term Loan~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; (fd) the making, Conversion and Continuation of Revolving ~~Loans or Term~~ Loans of a particular Type (other than Conversions provided for by ~~Sections 5.1.(c) and 5.5~~Section 4.5.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective ~~Revolving~~ Commitments (in the case of making of Loans) or their respective Loans ~~or Term~~ (in the case of Conversions and Continuations of Loans~~, as applicable,~~ ) and the then current Interest Period for each Lender’s portion of each ~~such~~ Loan of such Type shall be coterminous; (ge) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section ~~2.4~~2.3., shall be pro rata in accordance with their respective ~~Revolving Commitment Percentages~~Commitments; and (f) the Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.2., shall be pro rata in accordance with their respective Commitments. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired and funded a participating interest in any such Swingline Loan pursuant to Section ~~2.5.(e~~2.2.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 2 contracts

Samples: Credit Agreement (Corporate Office Properties Trust), Credit Agreement (Corporate Office Properties Trust)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the Revolving Lenders under Sections 2.1.(a), ~~2.4.(e~~2.3.(e) and ~~2.5.(e~~2.4.(e) shall be made from the Revolving Lenders, each payment of the fees under Sections 3.5.(a), 3.5.(b), the first sentence of ~~Section~~ 3.5.(c), and 3.5.(d) shall be made for the account of the Revolving Lenders, and each termination or reduction of the amount of the Revolving Commitments under Section ~~2.13~~2.12. shall be applied to the respective Revolving Commitments of the Revolving Lenders, pro rata according to the amounts of their respective Revolving Commitments; (b) the making of Term 2 Loans shall be made from the Term 2 Loan Lenders, pro rata according to the amounts of their respective Term 2 Loan Commitments; (c) each payment or prepayment of principal of ~~Revolving~~ Loans of a Class shall be made for the account of the ~~Revolving~~ Lenders of such Class pro rata in accordance with the respective unpaid principal amounts of the ~~Revolving~~ Loans of such Class held by them, provided that, subject to Section 3.9., if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the Revolving Lenders pro rata in accordance with their respective Revolving Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the Revolving Lenders pro rata in accordance with such respective Revolving Commitments; (~~c) the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (~~d) each payment ~~or prepayment~~ of ~~principal~~ interest in respect of ~~Term~~ a Class of Loans shall be made for the account of the ~~Term Loan~~ Lenders ~~pro rata in accordance with the respective unpaid principal amounts~~ of ~~the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable,~~ such Class pro rata in accordance with the amounts of interest on such ~~Revolving~~ Class of Loans ~~or Term Loans, as applicable,~~ then due and payable to the ~~respective Lenders~~Lenders of such Class; (fe) the Conversion and Continuation of ~~Revolving Loans or Term~~ Loans of a particular Class and Type (other than Conversions provided for by Sections 5.1.(c) and 5.5.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ of such Class according to the amounts of their respective ~~Revolving~~ Loans ~~or Term Loans, as applicable~~of such Class, and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous; (gf) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section ~~2.5~~2.4., shall be in accordance with their respective Revolving Commitment Percentages; and (hg) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section ~~2.4~~2.3., shall be in accordance with their respective Revolving Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Revolving Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section ~~2.5.(e~~2.4.(e), in which case such payments shall be pro rata in accordance with such participating interests)..

Appears in 2 contracts

Samples: Credit Agreement (Sunstone Hotel Investors, Inc.), Credit Agreement (Sunstone Hotel Investors, Inc.)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the Revolving Lenders under Sections ~~2.1.(a~~2.2.(a), 2.4.(e) and 2.5.(e) shall be made from the Revolving Lenders, each payment of the fees under Sections ~~3.5.(b~~3.6.(a), the first sentence of Section ~~3.5.(c~~3.6.(b), and ~~3.5.(d~~Section 3.6.(c) shall be made for the account of the Revolving Lenders, and each termination or reduction of the amount of the Revolving Loan Commitments under Section 2.13. shall be applied to the respective Revolving Loan Commitments of the Revolving Lenders, pro rata according to the amounts of their respective Revolving ~~Commitments~~Loan Commitment Percentages; (b) each payment or prepayment of principal of Revolving Loans shall be made for the account of the Revolving Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided that, subject to Section ~~3.9~~3.11., if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding ~~principal~~ amount of the Revolving Loans shall not be held by the Revolving Lenders pro rata in accordance with their respective Revolving Loan Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding ~~principal~~ amount of the Revolving Loans being held by the Revolving Lenders pro rata in accordance with such respective Revolving ~~Commitments~~Loan Commitment Percentages; (c) the making of a Class of Term Loans under Section ~~2.2.(a~~2.1.(a) shall be made from the applicable Class of Term ~~Loan Lenders~~ Lenders, pro rata according to the amounts of their respective Term Loan ~~Commitments~~Commitments of such Class; (d) each payment or prepayment of principal of a Class of Term Loans shall be made for the account of the Term ~~Loan~~ Lenders of such Class pro rata in accordance with the respective unpaid principal amounts of ~~the~~ such Class of Term Loans held by them; (e) each payment of interest ~~on Revolving Loans or Term~~ of a Class of Loans shall be made for the account of the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ of such Class pro rata in accordance with the amounts of interest on such ~~Revolving~~ Class of Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Class of Lenders; (f) the making, Conversion and Continuation of ~~Revolving Loans or Term~~ Loans of a particular Class and Type (other than Conversions provided for by Sections ~~5.1.(c~~4.1.(c) and ~~5.5~~4.6.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ of such Class according to the outstanding amounts of their respective ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ of such Class and the then current Interest Period for each Lender’s portion of each such Loan of such Class and Type shall be coterminous; (g) the Revolving Lenders’ participation in, and payment obligations in respect of, ~~Swingline Loans~~ Letters of Credit under Section 2.5., shall be in accordance with their respective Revolving Loan Commitment Percentages; ~~and~~ (h) the Revolving Lenders’ participation in, and payment obligations in respect of, ~~Letters of Credit~~ Swingline Loans under Section 2.4., shall be in accordance with their respective Revolving Loan Commitment Percentages; and (i) each prepayment of principal of Bid Rate Loans by the Borrower pursuant to Section 2.9.(b)(ii) shall be made for account of the Revolving Lenders then owed Bid Rate Loans pro rata in accordance with the respective unpaid principal amounts of the Bid Rate Loans then owing to each such Revolving Lender. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Revolving Lender shall have acquired and funded a participating interest in any such Swingline Loan pursuant to Section ~~2.5.(e~~2.4.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 2 contracts

Samples: Credit Agreement (LXP Industrial Trust), Credit Agreement (Lexington Realty Trust)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from ~~the Revolving~~ Lenders under ~~Sections~~ Section 2.1.(a), ~~2.4.(e~~2.2.(e) and ~~2.5.(e~~2.3.(e) shall be made from the ~~Revolving~~ Lenders, each payment of the fees under Sections ~~3.5.(b~~3.5.(a), ~~the first sentence of Section 3.5.(c),~~ 3.5.(b) and 3.5.(d) shall be made for the account of the ~~Revolving~~ Lenders, and each termination or reduction of the amount of the Revolving Commitments under Section ~~2.13~~2.12. shall be applied to the respective Revolving Commitments of the ~~Revolving~~ Lenders, pro rata according to the amounts of their respective Revolving Commitments; (b) each payment or prepayment of principal of Revolving Loans by the Borrower shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided ~~that, subject to Section 3.9.,~~ that if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective Revolving Commitments in effect at the time such ~~Revolving~~ Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective Revolving Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d)~~ each payment ~~or prepayment~~ of ~~principal of Term~~ interest on Revolving Loans by the Borrower shall be made for the account of the ~~Term Loan~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such Revolving Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; (fd) the making, Conversion and Continuation of ~~Revolving Loans or Term~~ Loans of a particular Type (other than Conversions provided for by ~~Sections 5.1.(c) and 5.5~~Section 5.1.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ and the then current Interest Period for each Lender’s 's portion of each ~~such~~ Loan of such Type shall be coterminous; (ge) the ~~Revolving~~ Lenders’ ' participation in, and payment obligations in respect of, Swingline Loans under Section ~~2.5~~2.3., shall be in accordance with their respective Revolving Commitment Percentages; and (hf) the ~~Revolving~~ Lenders’ ' participation in, and payment obligations in respect of, Letters of Credit under Section ~~2.4~~2.2., shall be in accordance with their respective Revolving Commitment Percentages. Any payment or prepayment of principal or interest made (i) during the existence of a Default or Event of Default shall be made for the account of the Lenders in accordance with the order set forth in Section 11.5. and (ii) pursuant to Section 2.7.(b) shall be made for the account of the Lenders holding Revolving Commitments (or, if the Revolving Commitments have been terminated, holding Revolving Loans and Letter of Credit Liabilities) in accordance with the order set forth in Section 11.5. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section ~~2.5.(e~~2.3.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 2 contracts

Samples: Credit Agreement (CBL & Associates Properties Inc), Credit Agreement (CBL & Associates Properties Inc)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from ~~the Revolving~~ Lenders under ~~Sections 2.1.(a), 2.4.(e) and 2.5.(e~~Section 2.1(a) shall be made from the ~~Revolving~~ Lenders, each payment of the fees under ~~Sections 3.5.(b), the first sentence of~~ Section ~~3.5.(c), and 3.5.(d~~3.5(a) shall be made for the account of the ~~Revolving~~ Lenders, and each termination or reduction of the amount of the Revolving Commitments under Section ~~2.13.~~ 2.10 shall be applied to the respective Revolving Commitments of the ~~Revolving~~ Lenders, pro rata according to the amounts of their respective Revolving Commitments; (b) each payment or prepayment of principal of Revolving Loans by Borrower shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided ~~that, subject to Section 3.9.,~~ that if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective Revolving Commitments in effect at the time such ~~Revolving~~ Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective Revolving Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d)~~ each payment ~~or prepayment~~ of ~~principal of Term~~ interest on Revolving Loans by Borrower shall be made for the account of the ~~Term Loan~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such Revolving Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; (fd) the Conversion and Continuation of ~~Revolving Loans or Term~~ Loans of a particular Type (other than Conversions provided for by ~~Sections 5.1.(c) and 5.5.~~Section 5.1) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ and the then current Interest Period for each Lender’s portion of each ~~such~~ Loan of such Type shall be coterminous. Any payment or prepayment of principal or interest made: (i)(A) during the existence of a Default or Event of Default; or (gB) ~~the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under~~ pursuant to Section ~~2.5.~~2.5(b)(ii), shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.4., shall be in accordance with their respective Revolving Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be made for the account of the ~~Swingline Lender only~~ Lenders in accordance with the order set forth in Section 10.5; and (~~except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan~~ ii) pursuant to Section ~~2.5.(e~~2.5(b)(i), ~~in which case such payments~~ shall be ~~pro rata~~ made for the account of the Lenders holding Revolving Commitments (or, if the Revolving Commitments have been terminated, holding Revolving Loans) in accordance with ~~such participating interests)~~the order set forth in Section 10.5.

Appears in 2 contracts

Samples: Revolving Loan Agreement (RREEF Property Trust, Inc.), Revolving Loan Agreement (RREEF Property Trust, Inc.)

Appears in 2 contracts

Samples: Credit Agreement (Smith Douglas Homes Corp.), Credit Agreement (Smith Douglas Homes Corp.)

Pro Rata Treatment. (a) As provided elsewhere herein, all Revolving Credit Lenders’ interests in the Revolving Credit Loans, all interests of the Term Loan III Lenders in the Term Loan III Loans, all interests of the Term Loan IV Lenders in the Term Loan IV Loans,and all Lenders’ interests in the Loan Documents shall be ratable undivided interests and none of such Lenders’ interests shall have priority over the others. Each payment delivered to the Agent for the account of any Lender or amount to be applied or paid by the Agent to any Lender shall be paid promptly by the Agent to such Lender in the same type of funds that the Agent received at such Lender’s address specified pursuant to §19. The Agent is hereby authorized to charge the account of the Parent Borrower maintained with KeyBank for each payment of principal, interest and fees as it becomes due hereunder. (b) Except to the extent otherwise explicitly provided ~~herein~~in this Agreement: (a) each borrowing from the Revolving Credit Lenders under ~~Sections 2.1.(a~~§2.1(b), ~~2.4.(e~~§2.5(d) and ~~2.5.(e~~§2.10(f) shall be made from the Revolving Credit Lenders, each payment of the fees under ~~Sections 3.5.(b), the first sentence of Section 3.5.(c),~~ §2.3 and ~~3.5.(d~~§2.10(e) shall be made for the account of the Revolving Credit Lenders, and each termination or reduction of the amount of the Revolving Credit Commitments under ~~Section 2.13.~~ §2.4 shall be applied to the respective Revolving Credit Commitments of the Revolving Credit Lenders, pro rata according to the amounts of their respective Revolving ~~Commitments~~Credit Commitment Percentages; (b) each payment or prepayment of principal of Revolving Credit Loans shall be made for the account of the Revolving Credit Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Credit Loans held by them, provided that, subject to ~~Section 3.9.~~§14.16, if immediately prior to giving effect to any such payment in respect of any Revolving Credit Loans the outstanding principal amount of the Revolving Credit Loans shall not be held by the Revolving Credit Lenders pro rata in accordance with their respective Revolving ~~Commitments~~ Credit Commitment Percentages in effect at the time such Revolving Credit Loans were made, then such payment shall be applied to the Revolving Credit Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Credit Loans being held by the Revolving Credit Lenders pro rata in accordance with such respective Revolving ~~Commitments~~Credit Commitment Percentages; (c~~) the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d~~) each payment or prepayment of principal of Term Loan III Loans shall be made for the account of the Term Loan III Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loan III Loans held by them; (d) each payment or prepayment of principal of Term Loan IV Loans shall be made for the account of the Term Loan IV Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loan IV Loans held by them; (e) each payment of interest on ~~Revolving~~ Loans ~~or Term Loans~~ of a Class shall be made for the account of the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ of such Class pro rata in accordance with the amounts of interest on such ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective ~~Lenders~~Lenders of such Class; (f) the ~~Conversion~~ conversion and ~~Continuation~~ continuation of ~~Revolving Loans or Term~~ Loans of a particular Class and Type ~~(other than Conversions provided for by Sections 5.1.(c) and 5.5.)~~ pursuant to §4.1 shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ of such Class according to the amounts of their respective ~~Revolving~~ Loans ~~or Term Loans, as applicable~~of such Class, and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous; (g) the Revolving Credit Lenders’ participation in, and payment obligations in respect of, ~~Swingline~~ Swing Loans under ~~Section~~ §2.5., shall be in accordance with their respective Revolving Credit Commitment ~~Percentages;~~ Percentages and (h) the Revolving Credit Lenders’ participation in, and payment obligations in respect of, Letters of Credit under ~~Section 2.4.~~§2.10, shall be in accordance with their respective Revolving Credit Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section 2.5.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 1 contract

Samples: Credit Agreement (CoreSite Realty Corp)

Pro Rata Treatment. Except to the extent otherwise provided herein: (ai) each borrowing from the ~~Revolving~~ Lenders under ~~Sections 2.1.(a), 2.4.(e) and 2.5.(e~~Section 2.1(a) shall be made from the ~~Revolving~~ Lenders, each payment of the ~~fees~~ Fees under ~~Sections 3.5.(b~~Section 3.6(a), ~~the first sentence of~~ Section ~~3.5.(c),~~ 3.6(b)(ii) and ~~3.5.(d~~Section 3.6(d) shall be made for the account of the ~~Revolving~~ Lenders, and each termination or reduction of the amount of the ~~Revolving~~ Commitments under Section ~~2.13.~~ 2.11 shall be applied to the respective ~~Revolving~~ Commitments of the ~~Revolving~~ Lenders, pro rata according to the amounts of their respective ~~Revolving~~ Commitments; (bii) each payment or prepayment of principal of Revolving Loans by the Borrower shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided ~~that, subject to Section 3.9.,~~ that if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective ~~Revolving~~ Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective ~~Revolving~~ Commitments; (~~c) the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d~~iii) each payment ~~or prepayment~~ of ~~principal of Term~~ interest on Revolving Loans by the Borrower shall be made for the account of the ~~Term Loan~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts amount of interest on such Revolving Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; (fiv) the making, Conversion and Continuation of Revolving ~~Loans or Term~~ Loans of a particular Type (other than Conversions provided for by ~~Sections 5.1.(c) and 5.5.~~Section 4.6) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective Commitments (in the case of making of Revolving Loans) or their respective Revolving Loans ~~or Term~~ (in the case of Conversions and Continuations of Revolving Loans~~, as applicable,~~ ) and the then current Interest Period for each Lender’s portion of each ~~such~~ Revolving Loan of such Type shall be coterminous; (gv) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section ~~2.4.~~2.3, shall be pro rata in accordance with their respective Commitments; and (vi) the Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.2, shall be in accordance with their respective ~~Revolving Commitment Percentages~~Commitments. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section ~~2.5.(e~~2.2(e)~~, in which case such payments shall be pro rata in accordance with such participating interests~~).

Appears in 1 contract

Samples: Credit Agreement (NNN Apartment REIT, Inc.)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the ~~Revolving~~ Lenders under ~~Sections~~ Section 2.1.(a), ~~2.4.(e~~2.3.(d) and ~~2.5.(e~~2.4.(e) shall be made from the ~~Revolving~~ Lenders, each payment of the ~~fees~~ Fees under ~~Sections 3.5.(b~~Section 3.6.(b), under the first sentence of Section ~~3.5.(c),~~ 3.6.(c) and ~~3.5.(d~~under Section 3.6.(d) shall be made for the account of the ~~Revolving~~ Lenders, and each termination or reduction of the amount of the Revolving Commitments under Section ~~2.13~~2.12. shall be applied to the respective Revolving Commitments of the ~~Revolving~~ Lenders, in each case pro rata according to the amounts of their respective Revolving Commitments; (b) each payment or prepayment of principal of Revolving Loans shall be made for the account of the Revolving Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided that, subject to Section ~~3.9~~3.11., if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the Revolving Lenders pro rata in accordance with their respective Revolving Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the Revolving Lenders pro rata in accordance with such respective Revolving Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d)~~ each payment ~~or prepayment~~ of ~~principal of Term~~ interest on Revolving Loans by the Borrower shall be made for the account of the ~~Term Loan~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; (fd) the Conversion and Continuation of Revolving ~~Loans or Term~~ Loans of a particular Type (other than Conversions provided for by ~~Sections 5.1.(c) and 5.5~~Section 4.6.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective Revolving ~~Loans or Term~~ Loans~~, as applicable~~, and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous; (ge) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.4., shall be pro rata in accordance with their respective Revolving ~~Commitment Percentages~~Commitments; and (f) the Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.3., shall be pro rata in accordance with their respective Revolving Commitments. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the applicable Swingline Lender only (except to the extent any Lender shall have acquired and funded a participating interest in any such Swingline Loan pursuant to Section ~~2.5.(e~~2.3.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 1 contract

Samples: Credit Agreement (CubeSmart, L.P.)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the ~~Revolving~~ Lenders under Sections ~~2.1.(a)~~2.01, ~~2.4.(e~~2.03(e) and ~~2.5.(e~~2.04(e) shall be made from the ~~Revolving~~ Lenders, each payment of the fees under Sections ~~3.5.(b~~2.09(a), the first sentence of ~~Section 3.5.(c~~2.09(c)(i), and ~~3.5.(d~~2.09(e) shall be made for the account of the ~~Revolving~~ Lenders, and each termination or reduction of the amount of the Revolving Commitments under Section ~~2.13.~~ 2.07 shall be applied to the respective Revolving Commitments of the ~~Revolving~~ Lenders, pro rata according to the amounts of their respective Revolving Commitments; (b) each payment or prepayment of principal of Revolving Loans shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided that, subject to Section ~~3.9.~~2.14, if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective Revolving Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with such respective Revolving Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d)~~ each payment ~~or prepayment~~ of ~~principal of Term~~ interest on Revolving Loans shall be made for the account of the ~~Term Loan~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such Revolving Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; (fd) the ~~Conversion~~ conversion and ~~Continuation~~ continuation of Revolving ~~Loans or Term~~ Loans of a particular Type (other than ~~Conversions~~ conversions provided for by Sections ~~5.1.(c~~3.04(c) and ~~5.5.~~3.07) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective Revolving Loans ~~or Term Loans, as applicable,~~ and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous; (ge) the ~~Revolving~~ Lenders’ participation in, and payment obligations in respect of, ~~Swingline~~ Swing Line Loans under Section ~~2.5.~~2.04, shall be in accordance with their respective Revolving Commitment Percentages; and (hf) the ~~Revolving~~ Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section ~~2.4.~~2.03, shall be in accordance with their respective Revolving Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the ~~Swingline~~ Swing Line Loans shall be for the account of the ~~Swingline~~ Swing Line Lender only (except to the extent any Lender shall have acquired a participating interest in any such ~~Swingline~~ Swing Line Loan pursuant to Section ~~2.5.(e~~2.04(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 1 contract

Samples: Credit Agreement (Healthcare Realty Trust Inc)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the Revolving Lenders under ~~Sections 2.1.(a), 2.4.(e) and 2.5.(e~~Section 2.1(a) shall be made from the Revolving Lenders, each payment of the fees under Sections ~~3.5.(b), the first sentence of Section 3.5.(c),~~ 3.5(b) and ~~3.5.(d~~3.5(d) shall be made for the account of the Revolving Lenders, and each termination or reduction of the amount of the Revolving Commitments under Section ~~2.13.~~ 2.12 shall be applied to the respective Revolving Commitments of the Revolving Lenders, pro rata according to the amounts of their respective Revolving Commitments; (b) each payment or prepayment of principal of Revolving Loans shall be made for the account of the Revolving Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided that, subject to Section 3.9., if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the Revolving Lenders pro rata in accordance with their respective Revolving Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the Revolving Lenders pro rata in accordance with ~~such~~ their respective Revolving Commitments; (c) the making of Term Loans under Section ~~2.2.(a~~2.2(a) shall be made from the Term Loan ~~Lenders~~ Lenders, pro rata according to the amounts of their respective Term Loan Commitments; (d) each payment or prepayment of principal of Term Loans shall be made for the account of the Term Loan Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such Revolving Loans or Term Loans, as applicable, then due and payable to the respective Lenders; and (f) the Conversion and Continuation of Revolving Loans or Term Loans of a particular Type ~~(other than Conversions provided for by Sections 5.1.(c) and 5.5.)~~ shall be made pro rata among the Revolving Lenders or Term Loan Lenders, as applicable, according to the amounts of their respective Revolving Loans or Term Loans, as applicable, and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous~~; (g)~~ . Any payment or prepayment of principal or interest made during the ~~Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5.,~~ existence of a Default or Event of Default shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.4., shall be in accordance with their respective Revolving Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be made for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section 2.5.(e), in which case such payments shall be pro rata Lenders in accordance with ~~such participating interests)~~the order set forth in Section 10.5.

Appears in 1 contract

Samples: Credit Agreement (Office Properties Income Trust)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the Revolving Lenders under Sections 2.1.(a), 2.4.(e) and 2.5.(e) shall be made from the Revolving Lenders, each payment of the fees under Sections 3.5.(b), the first sentence of ~~Section~~ 3.5.(c), and 3.5.(d) shall be made for the account of the Revolving Lenders, and each termination or reduction of the amount of the Revolving Commitments under Section 2.13. shall be applied to the respective Revolving Commitments of the Revolving Lenders, pro rata according to the amounts of their respective Revolving Commitments; (b) each payment or prepayment of principal of Revolving Loans shall be made for the account of the Revolving Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided that, subject to Section 3.9., if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the Revolving Lenders pro rata in accordance with their respective Revolving Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the Revolving Lenders pro rata in accordance with such respective Revolving Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d)~~ each payment or prepayment of principal of Term Loans of a Class shall be made for the account of the Term Loan Lenders of such Class pro rata in accordance with the respective unpaid principal amounts of the Term Loans of such Class held by them; (ed) each payment of interest on ~~Revolving~~ Loans ~~or Term Loans~~ of a Class shall be made for the account of the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ of such Class pro rata in accordance with the amounts of interest on such ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ of such Class then due and payable to the respective Lenders; (fe) the Conversion and Continuation of ~~Revolving Loans or Term~~ Loans of a particular Type and Class (other than Conversions provided for by Sections 5.1.(c) and 5.5.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ and the then current Interest Period for each such Lender’s portion of each such Loan of such Type and Class shall be coterminous; (gf) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5., shall be in accordance with their respective Revolving Commitment Percentages; and (hg) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.4., shall be in accordance with their respective Revolving Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Revolving Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section 2.5.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 1 contract

Samples: Credit Agreement (STORE CAPITAL Corp)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the ~~Revolving~~ Lenders under Sections 2.1.(a), ~~2.4.(e~~2.3.(e) and ~~2.5.(e~~2.4.(e) shall be made from the ~~Revolving~~ Lenders, each payment of the fees under Sections 3.5.(b), the first sentence of Section 3.5.(c), and ~~3.5.(d~~Section 3.5.(e) shall be made for the account of the ~~Revolving~~ Lenders, and each termination or reduction of the amount of the ~~Revolving~~ Commitments under Section 2.13. or otherwise pursuant to this Agreement shall be applied to the respective ~~Revolving~~ Commitments of the ~~Revolving~~ Lenders, pro rata according to the amounts of their respective ~~Revolving~~ Commitments; (b) each payment or prepayment of principal of Revolving Loans shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided that, subject to Section 3.9., if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective ~~Revolving~~ Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with such respective ~~Revolving~~ Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d)~~ each payment ~~or prepayment~~ of ~~principal of Term~~ interest on Revolving Loans shall be made for the account of the ~~Term Loan~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such Revolving Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; (fd) the Conversion and Continuation of Revolving ~~Loans or Term~~ Loans of a particular Type (other than Conversions provided for by Sections ~~5.1.(c~~4.1.(c) and ~~5.5~~4.5.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective Revolving Loans ~~or Term Loans, as applicable,~~ and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous; (ge) each prepayment of principal of Bid Rate Loans pursuant to Section 2.8.(b)(ii) shall be made for account of the Lenders then owed Bid Rate Loans pro rata in accordance with the respective unpaid principal amounts of the Bid Rate Loans then owing to each such Lender; (f) the ~~Revolving~~ Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section ~~2.5~~2.4., shall be in accordance with their respective ~~Revolving~~ Commitment Percentages; and (hg) the ~~Revolving~~ Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section ~~2.4~~2.3., shall be in accordance with their respective ~~Revolving~~ Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section ~~2.5.(e~~2.4.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 1 contract

Samples: Credit Agreement (Washington Real Estate Investment Trust)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the ~~Revolving~~ Lenders under Sections 2.1.(a), ~~2.4.(e~~2.3.(e) and ~~2.5.(e~~2.4.(e) shall be made from the ~~Revolving~~ Lenders, each payment of the fees under ~~Sections~~ Section 3.5.(b), the first sentence of ~~Section~~ 3.5.(c), and Section 3.5.(d) shall be made for the account of the ~~Revolving~~ Lenders, and each termination or reduction of the amount of the ~~Revolving~~ Commitments under Section ~~2.13~~2.12. shall be applied to the respective ~~Revolving~~ Commitments of the ~~Revolving~~ Lenders, pro rata according to the amounts of their respective ~~Revolving~~ Commitments; (b) each payment or prepayment of principal of Revolving Loans shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided that, subject to Section 3.9., if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective ~~Revolving~~ Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective ~~Revolving~~ Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d)~~ each payment ~~or prepayment~~ of ~~principal of Term~~ interest on Revolving Loans shall be made for the account of the Term Loan Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders~~, as applicable~~, pro rata in accordance with the amounts of interest on such Revolving Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; (fd) the making, Conversion and Continuation of Revolving ~~Loans or Term~~ Loans of a particular Type (other than Conversions provided for by Sections ~~5.1.(c~~4.1.(c) and ~~5.5~~4.5.) shall be made pro rata among the ~~Revolving Lenders or Term Loan~~ Lenders~~, as applicable~~, according to the amounts of their respective Revolving Loans ~~or Term Loans, as applicable,~~ and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous; (ge) each prepayment of principal of Bid Rate Loans by any Borrower pursuant to Section 2.8.(b)(ii) shall be made for account of the Lenders then owed Bid Rate Loans pro rata in accordance with the respective unpaid principal amounts of the Bid Rate Loans then owing to each such Lender; (f) the ~~Revolving~~ Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section ~~2.5.,~~ 2.4. shall be in accordance with their respective ~~Revolving~~ Commitment Percentages; and (hg) the ~~Revolving~~ Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section ~~2.4.,~~ 2.3. shall be in accordance with their respective ~~Revolving~~ Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section ~~2.5.(e~~2.4.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 1 contract

Samples: Credit Agreement (Sl Green Operating Partnership, L.P.)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from ~~the Revolving~~ Lenders under ~~Sections 2.1.(a), 2.4.(e) and 2.5.(e)~~ Section 2.1. shall be made from the ~~Revolving~~ Lenders, each payment of the fees under Sections ~~3.5.(b)~~3.6., ~~the first sentence of Section 3.5.(c)~~as applicable, ~~and 3.5.(d)~~ shall be made for the account of the ~~Revolving~~ Lenders, and each termination or reduction of the amount of the ~~Revolving~~ Commitments under Section ~~2.13~~2.12. or otherwise pursuant to this Agreement shall be applied to the respective ~~Revolving~~ Commitments of the ~~Revolving~~ Lenders, pro rata according to the amounts of their respective ~~Revolving~~ Commitments; (b) each payment or prepayment of principal of Revolving Loans by the Borrower shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided ~~that, subject to Section 3.9.,~~ that if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective ~~Revolving~~ Commitments in effect at the time such ~~Revolving~~ Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective ~~Revolving~~ Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d)~~ each payment ~~or prepayment~~ of ~~principal of Term~~ interest on Revolving Loans by the Borrower shall be made for the account of the ~~Term Loan~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; (fd) the Conversion and Continuation of Revolving ~~Loans or Term~~ Loans of a particular Type (other than Conversions provided for by ~~Sections 5.1.(c) and 5.5~~Section 5.1.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective Revolving Loans ~~or Term Loans, as applicable,~~ and the then current Interest Period for each Lender’s portion of each ~~such~~ Revolving Loan of such Type shall be coterminous; and (ge) the ~~Revolving~~ Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section ~~2.5~~2.3., shall be in accordance with their respective ~~Revolving Commitment Percentages~~Pro Rata Shares; and (hf) the ~~Revolving~~ Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section ~~2.4~~2.2., shall be pro rata in accordance with their respective ~~Revolving Commitment Percentages~~Commitments. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section ~~2.5.(e), in which case such payments shall be pro rata in accordance with such participating interests~~2.3.).

Appears in 1 contract

Samples: Credit Agreement (CRT Properties Inc)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the ~~Revolving~~ Lenders under ~~Sections 2.1.(a), 2.4.(e) and 2.5.(e~~Section 2.1(a) shall be made from the ~~Revolving Lenders,~~ Lenders pro rata according to the amounts of their respective Commitments and each payment of the fees under ~~Sections 3.5.(b~~Section 3.5(a), ~~the first sentence of Section 3.5.(c), and 3.5.(d)~~ shall be made for the account of the ~~Revolving Lenders, and each termination or reduction of the amount of the Revolving Commitments under Section 2.13. shall be applied to the respective Revolving Commitments of the Revolving~~ Lenders, pro rata according to the amounts of their respective ~~Revolving~~ Commitments; (b) each payment or prepayment of principal of ~~Revolving~~ Loans shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the ~~Revolving~~ Loans held by them, provided that, subject to Section 3.9., if immediately prior to giving effect to any such payment in respect of any ~~Revolving~~ Loans the outstanding principal amount of the ~~Revolving~~ Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective ~~Revolving~~ Commitments in effect at the time such ~~Revolving~~ Loans were made, then such payment shall be applied to the ~~Revolving~~ Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the ~~Revolving~~ Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective ~~Revolving~~ Commitments; (c~~) the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d~~) each payment or prepayment of principal of ~~Term~~ Loans shall be made for the account of the ~~Term Loan~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the ~~Term~~ Loans held by them; (ed) each payment of interest on ~~Revolving Loans or Term~~ the Loans shall be made for the account of the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ pro rata in accordance with the amounts of interest on ~~such Revolving~~ the Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective ~~Lenders~~Lender; and (fe) the making, Conversion and Continuation of ~~Revolving Loans or Term~~ Loans of a particular Type (other than Conversions provided for by Sections ~~5.1.(c~~5.1(c) and 5.5.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ and the ~~then~~ then-current Interest Period for each Lender’s 's portion of each such Loan of such Type shall be coterminous~~; (g) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5~~., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.4., shall be in accordance with their respective Revolving Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section 2.5.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 1 contract

Samples: Credit Agreement (Healthcare Trust of America, Inc.)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from ~~the Revolving~~ Lenders under Sections ~~2.1.(a)~~2.1., ~~2.4.(e) and 2.5.(e)~~ shall be made from the Revolving Lenders, each payment of the fees under Sections 3.5.(b), the first sentence of Section 3.5.(c), and 3.5.(d) shall be made for the account of the Revolving Lenders, and each termination or reduction of the amount of the Revolving Commitments under Section 2.13. shall be applied to the respective Revolving Commitments of the Revolving Lenders, Lenders pro rata according to the amounts of their respective ~~Revolving~~ Commitments; (b) each payment or prepayment of principal of ~~Revolving~~ Loans by the Borrower shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the ~~Revolving~~ Loans held by them, provided ~~that, subject to Section 3.9.,~~ that if immediately prior to giving effect to any such payment in respect of any ~~Revolving~~ Loans the outstanding principal amount of the ~~Revolving~~ Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective ~~Revolving~~ Commitments in effect at the time such ~~Revolving~~ Loans were made, then such payment shall be applied to the ~~Revolving~~ Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the ~~Revolving~~ Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective ~~Revolving~~ Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d)~~ each payment ~~or prepayment~~ of ~~principal of Term~~ interest on Loans by the Borrower shall be made for the account of the ~~Term Loan~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; and (fd) the making, Conversion and Continuation of ~~Revolving Loans or Term~~ Loans of a particular Type (other than Conversions provided for by ~~Sections 5.1.(c) and 5.5~~Section 4.6.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective ~~Revolving~~ Commitments (in the case of making of Loans) or their respective Loans ~~or Term~~ (in the case of Conversions and Continuations of Loans~~, as applicable,~~ ) and the then current Interest Period for each Lender’s portion of each ~~such~~ Loan of such Type shall be coterminous; . Any payment or prepayment of principal or interest made (gi) during the ~~Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5.,~~ existence of a Default or Event of Default shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.4., shall be in accordance with their respective Revolving Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be made for the account of the ~~Swingline Lender only~~ Lenders in accordance with the order set forth in Section 10.3. and (~~except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan~~ ii) pursuant to Section ~~2.5.(e), in which case such payments~~ 2.5.(b) shall be ~~pro rata~~ made for the account of the Lenders holding Commitments (or, if the Commitments have been terminated, holding Loans) in accordance with ~~such participating interests)~~the order set forth in Section 10.3.

Appears in 1 contract

Samples: Term Loan Agreement (First Potomac Realty Trust)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from ~~the Revolving~~ Lenders under ~~Sections~~ Section 2.1.(a~~), 2.4.(e) and 2.5.(e~~) shall be made from the ~~Revolving~~ Lenders, each payment of the fees under Sections ~~3.5.(b~~3.5.(a), ~~the first sentence of Section 3.5.(c),~~ 3.5.(b) and 3.5.(d) shall be made for the account of the ~~Revolving~~ Lenders, and each termination or reduction of the amount of the Revolving Commitments under Section ~~2.13~~2.11. shall be applied to the respective Revolving Commitments of the ~~Revolving~~ Lenders, pro rata according to the amounts of their respective Revolving Commitments; (b) each payment or prepayment of principal of Revolving Loans by the Borrower shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided ~~that, subject to Section 3.9.,~~ that if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective Revolving Commitments in effect at the time such ~~Revolving~~ Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective Revolving Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d)~~ each payment ~~or prepayment~~ of ~~principal of Term~~ interest on Revolving Loans by the Borrower shall be made for the account of the ~~Term Loan~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such Revolving Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; and (fd) the Conversion and Continuation of ~~Revolving Loans or Term~~ Loans of a particular Type (other than Conversions provided for by ~~Sections 5.1.(c) and 5.5~~Section 5.1.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ and the then current Interest Period for each Lender’s 's portion of each ~~such~~ Loan of such Type shall be coterminous; . Any payment or prepayment of principal or interest made (gi)(A) during the ~~Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under~~ existence of a Default or Event of Default or (B) pursuant to Section ~~2.5.~~2.6.(b)(ii), shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.4., shall be in accordance with their respective Revolving Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be made for the account of the ~~Swingline Lender only~~ Lenders in accordance with the order set forth in Section 11.5. and (~~except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan~~ ii) pursuant to Section ~~2.5.(e~~2.6.(b)(i), ~~in which case such payments~~ shall be ~~pro rata~~ made for the account of the Lenders holding Revolving Commitments (or, if the Revolving Commitments have been terminated, holding Revolving Loans) in accordance with ~~such participating interests)~~the order set forth in Section 11.5.

Appears in 1 contract

Samples: Credit Agreement (CBL & Associates Properties Inc)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the Revolving Lenders under Sections ~~2.1.(a), 2.4.(e~~2.1(a) and ~~2.5.(e~~2A.6(b) shall be made from the Revolving Lenders, each payment of the fees under Sections ~~3.5.(b~~2.1(c)(iv), 2.4 and 2.5 and the first sentence of Section ~~3.5.(c), and 3.5.(d~~2A.8(a) shall be made for the account of the Revolving Lenders, and each termination or reduction of the amount of the Revolving Commitments under Section ~~2.13.~~ 2.22(a) shall be applied to the respective Revolving Commitments of the Revolving Lenders, pro rata according to the amounts of their respective Revolving Commitments; (b) each payment or prepayment of principal of Revolving Loans shall be made for the account of the Revolving Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided that, subject to Section ~~3.9.~~10.14, if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the Revolving Lenders pro rata in accordance with their respective Revolving Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the Revolving Lenders pro rata in accordance with such respective Revolving Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments~~[reserved]; (d) each payment or prepayment of principal of Term Loans of a Class shall be made for the account of the Term ~~Loan~~ Lenders of such Class pro rata in accordance with the respective unpaid principal amounts of the Term Loans of such Class held by them; (e) each payment of interest on ~~Revolving~~ Loans ~~or Term Loans~~ of a Class shall be made for the account of the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ of such Class pro rata in accordance with the amounts of interest on such ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective ~~Lenders~~Lenders of such Class; (f) the Conversion and Continuation of ~~Revolving Loans or Term~~ Loans of a particular Class and Type ~~(other than Conversions provided for by Sections 5.1.(c) and 5.5.)~~ shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ of such Class according to the amounts of their respective ~~Revolving~~ Loans ~~or Term Loans, as applicable~~of such Class, and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be ~~coterminous;~~ coterminous and (g) the Revolving Lenders’ participation in, and payment obligations in respect of, ~~Swingline Loans~~ Facility Letters of Credit under Section ~~2.5.~~2A.6, shall be in accordance with their respective Revolving ~~Commitment~~ Percentages~~; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.4~~., shall be in accordance with their respective Revolving Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section 2.5.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 1 contract

Samples: Credit Agreement (Retail Properties of America, Inc.)

Pro Rata Treatment. Except to the extent otherwise provided herein: (ai) each borrowing from the ~~Revolving~~ Lenders under ~~Sections 2.1.(a), 2.4.(e) and 2.5.(e~~Section 2.1(a) shall be made from the ~~Revolving~~ Lenders, each payment of the ~~fees~~ Fees under ~~Sections 3.5.(b), the first sentence of~~ Section ~~3.5.(c), and 3.5.(d~~3.6(a) shall be made for the account of the ~~Revolving~~ Lenders, and each termination or reduction of the amount of the ~~Revolving~~ Commitments under Section ~~2.13.~~ 2.11 shall be applied to the respective ~~Revolving~~ Commitments of the ~~Revolving Lenders~~Lenders holding Unfunded Commitments, pro rata according to the amounts of their respective ~~Revolving~~ Unfunded Commitments; (bii) each payment ~~or prepayment~~ of principal of ~~Revolving~~ Loans by the Borrower shall be made for the account of the ~~Revolving~~ Lenders holding Funded Commitments pro rata in accordance with the respective unpaid principal amounts of the ~~Revolving~~ Loans held by them, provided ~~that~~that any prepayment of a Loan made to acquire a Collateral Pool Property which is prepaid shall be paid solely to the Lender or Lenders making such advance, ~~subject to Section 3.9.,~~ and provided further that if immediately prior to giving effect to any such payment in respect of any ~~Revolving~~ Loans the outstanding principal amount of the ~~Revolving~~ Loans shall not be held by the ~~Revolving~~ Lenders holding Funded Commitments pro rata in accordance with their respective ~~Revolving~~ Funded Commitments in effect at the time such ~~Revolving~~ Loans were made, then such payment shall be applied to the ~~Revolving~~ Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the ~~Revolving~~ Loans being held by the ~~Revolving~~ Lenders holding Funded Commitments pro rata in accordance with ~~such~~ their respective ~~Revolving~~ Funded Commitments; (~~c) the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d~~iii) each payment ~~or prepayment~~ of ~~principal of Term~~ interest on Loans by the Borrower shall be made for the account of the ~~Term Loan~~ Lenders holding Funded Commitments pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts amount of interest on such ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; and (fiv) the making, Conversion and Continuation of ~~Revolving Loans or Term~~ Loans of a particular Type (other than Conversions provided for by ~~Sections 5.1.(c) and 5.5.~~Section 4.6) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective ~~Revolving~~ Commitments (in the case of making of Loans) or their respective Loans ~~or Term~~ (in the case of Conversions and Continuations of Loans~~, as applicable,~~ ) and the then current Interest Period for each Lender’s portion of each ~~such~~ Loan of such Type shall be coterminous~~; (g) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5~~., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.4., shall be in accordance with their respective Revolving Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section 2.5.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 1 contract

Samples: Mezzanine Credit Agreement (NNN Apartment REIT, Inc.)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the Revolving Lenders under Sections 2.1.(a), ~~2.4.(e~~2.3.(e) and ~~2.5.(e~~2.4.(e) shall be made from the Revolving Lenders, each payment of the fees under Sections 3.5.(b), the first sentence of ~~Section~~ 3.5.(c), and 3.5.(d) shall be made for the account of the Revolving Lenders, and each termination or reduction of the amount of the Revolving Commitments under Section ~~2.13~~2.12. shall be applied to the respective Revolving Commitments of the Revolving Lenders, pro rata according to the amounts of their respective Revolving Commitments; (b) each payment or prepayment of principal of Revolving Loans shall be made for the account of the Revolving Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided that, subject to Section 3.9., if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the Revolving Lenders pro rata in accordance with their respective Revolving Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the Revolving Lenders pro rata in accordance with ~~such~~ their respective Revolving Commitments; (c) the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan ~~Lenders~~ Lenders, pro rata according to the amounts of their respective Term Loan Commitments; (d) each payment or prepayment of principal of Term Loans shall be made for the account of the Term Loan Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such Revolving Loans or Term Loans, as applicable, then due and payable to the respective Lenders; (f) the Conversion and Continuation of Revolving Loans or Term Loans of a particular Type (other than Conversions provided for by Sections ~~5.1.(c~~4.1.(c) and ~~5.5~~4.5.) shall be made pro rata among the Revolving Lenders or Term Loan Lenders, as applicable, according to the amounts of their respective Revolving Loans or Term Loans, as applicable, and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous; (g) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section ~~2.5~~2.4., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section ~~2.4~~2.3., shall be in accordance with their respective Revolving Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section ~~2.5.(e~~2.4.(e), in which case such payments shall be pro rata in accordance with such participating interests). Any payment or prepayment of principal or interest made during the existence of a Default or Event of Default shall be made for the account of the Lenders and the Issuing Bank in accordance with the order set forth in Section 10.5.

Appears in 1 contract

Samples: Credit Agreement (Hospitality Properties Trust)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from ~~the Revolving~~ Lenders ~~under Sections 2.1.(a), 2.4.(e) and 2.5.(e)~~ shall be made from the ~~Revolving~~ Lenders, each payment of the fees ~~under Sections 3.5.(b), the first sentence of Section 3.5.(c), and 3.5.(d)~~ shall be made for the account of the ~~Revolving~~ Lenders, and each termination or reduction of the amount of the ~~Revolving~~ Commitments ~~under Section 2.13.~~ pursuant to this Agreement shall be applied to the respective ~~Revolving~~ Commitments of the ~~Revolving~~ Lenders, pro rata according to the amounts of their respective ~~Revolving~~ Commitments; (b) each payment or prepayment of principal of ~~Revolving Loans~~ the Loan by the Borrower shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the ~~Revolving Loans~~ Loan held by them, provided ~~that, subject to Section 3.9.,~~ that if immediately prior to giving effect to any such payment in respect of ~~any Revolving Loans~~ the Loan the outstanding principal amount of the ~~Revolving Loans~~ Loan shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective ~~Revolving~~ Commitments in effect at the time ~~such Revolving Loans were~~ the Loan was made, then such payment shall be applied to the ~~Revolving Loans~~ Loan in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the ~~Revolving Loans~~ Loan being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective ~~Revolving~~ Commitments; and (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d)~~ each payment ~~or prepayment~~ of ~~principal of Term Loans~~ interest on the Loan by the Borrower shall be made for the account of the ~~Term Loan~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on ~~such Revolving Loans or Term Loans, as applicable,~~ the Loan then due and payable to the respective Lenders; (fd) the Conversion and Continuation of Revolving Loans or Term Loans of a particular Type (other than Conversions provided for by Sections 5.1.(c) and 5.5.) shall be made pro rata among the Revolving Lenders or Term Loan Lenders, as applicable, according to the amounts of their respective Revolving Loans or Term Loans, as applicable, and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous; (g) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5., shall be in accordance with their respective ~~Revolving Commitment Percentages~~Pro Rata Shares; and (hf) the ~~Revolving~~ Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.4., shall be pro rata in accordance with their respective ~~Revolving Commitment Percentages~~Commitments. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section ~~2.5.(e), in which case such payments shall be pro rata in accordance with such participating interests)~~2.5.

Appears in 1 contract

Samples: Loan Agreement (Maui Land & Pineapple Co Inc)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the ~~Revolving~~ Lenders under Sections 2.1.(a), ~~2.4.(e~~2.3.(e) and ~~2.5.(e~~2.4.(e) shall be made from the ~~Revolving~~ Lenders, each payment of the fees under Sections 3.5.(a) and 3.5.(b), the first sentence of Section 3.5.(c), and ~~3.5.(d~~Section 3.5.(e) shall be made for the account of the ~~Revolving~~ Lenders, and each termination or reduction of the amount of the ~~Revolving~~ Commitments under Section ~~2.13~~2.12. shall be applied to the respective ~~Revolving~~ Commitments of the ~~Revolving~~ Lenders, pro rata according to the amounts of their respective ~~Revolving~~ Commitments; (b) each payment or prepayment of principal of Revolving Loans shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided that, subject to Section 3.9., if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective ~~Revolving~~ Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective ~~Revolving~~ Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d)~~ each payment ~~or prepayment~~ of ~~principal of Term~~ interest on Revolving Loans shall be made for the account of the Term Loan Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such Revolving Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; (fd) the making, Conversion and Continuation of Revolving ~~Loans or Term~~ Loans of a particular Type (other than Conversions provided for by Sections ~~5.1.(c~~4.1.(c) and ~~5.5~~4.5.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective Revolving Loans ~~or Term Loans, as applicable,~~ and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous; (ge) each prepayment of principal of Bid Rate Loans by the Borrower pursuant to Section 2.8.(b)(iii) shall be made for account of the Lenders then owed Bid Rate Loans pro rata in accordance with the respective unpaid principal amounts of the Bid Rate Loans then owing to each such Lender; (f) the ~~Revolving~~ Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section ~~2.5~~2.4., shall be in accordance with their respective ~~Revolving~~ Commitment Percentages; and (hg) the ~~Revolving~~ Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section ~~2.4~~2.3., shall be in accordance with their respective ~~Revolving~~ Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section ~~2.5.(e~~2.4.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 1 contract

Samples: Credit Agreement (Regency Centers Lp)

Pro Rata Treatment. (a) As provided elsewhere herein, all Revolving Credit Lenders’ interests in the Revolving Credit Loans, all interests of the Term Loan Lenders in the Term Loans, all interests of the Term Loan II Lenders in the Term Loan II Loans, all interests of the Term Loan III Lenders in the Term Loan III Loans, and all Lenders’ interests in the Loan Documents shall be ratable undivided interests and none of such Lenders’ interests shall have priority over the others. Each payment delivered to the Agent for the account of any Lender or amount to be applied or paid by the Agent to any Lender shall be paid promptly by the Agent to such Lender in the same type of funds that the Agent received at such Lender’s address specified pursuant to §19. The Agent is hereby authorized to charge the account of the Parent Borrower maintained with KeyBank for each payment of principal, interest and fees as it becomes due hereunder. (b) Except to the extent otherwise explicitly provided ~~herein~~in this Agreement: (a) each borrowing from the Revolving Credit Lenders under ~~Sections 2.1.(a~~§2.1(b), ~~2.4.(e~~§2.5(d) and ~~2.5.(e~~§2.10(f) shall be made from the Revolving Credit Lenders, each payment of the fees under ~~Sections 3.5.(b), the first sentence of Section 3.5.(c),~~ §2.3 and ~~3.5.(d~~§2.10(e) shall be made for the account of the Revolving Credit Lenders, and each termination or reduction of the amount of the Revolving Credit Commitments under ~~Section 2.13.~~ §2.4 shall be applied to the respective Revolving Credit Commitments of the Revolving Credit Lenders, pro rata according to the amounts of their respective Revolving ~~Commitments~~Credit Commitment Percentages; (b) each payment or prepayment of principal of Revolving Credit Loans shall be made for the account of the Revolving Credit Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Credit Loans held by them, provided that, subject to ~~Section 3.9.~~§14.16, if immediately prior to giving effect to any such payment in respect of any Revolving Credit Loans the outstanding principal amount of the Revolving Credit Loans shall not be held by the Revolving Credit Lenders pro rata in accordance with their respective Revolving ~~Commitments~~ Credit Commitment Percentages in effect at the time such Revolving Credit Loans were made, then such payment shall be applied to the Revolving Credit Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Credit Loans being held by the Revolving Credit Lenders pro rata in accordance with such respective Revolving ~~Commitments~~Credit Commitment Percentages; (c~~) the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d~~) each payment or prepayment of principal of Term Loans shall be made for the account of the Term Loan Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (ed) each payment or prepayment of ~~interest on Revolving Loans or~~ principal of Term Loan II Loans shall be made for the account of the ~~Revolving Lenders or~~ Term Loan ~~Lenders, as applicable,~~ II Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loan II Loans held by them; (e) each payment or prepayment of principal of Term Loan III Loans shall be made for the account of the Term Loan III Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loan III Loans held by them; (f) each payment of interest on Loans of a Class shall be made for the account of the Lenders of such Class pro rata in accordance with the amounts of interest on such ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective ~~Lenders~~Lenders of such Class; (fg) the ~~Conversion~~ conversion and ~~Continuation~~ continuation of ~~Revolving Loans or Term~~ Loans of a particular Class and Type ~~(other than Conversions provided for by Sections 5.1.(c) and 5.5.)~~ pursuant to §4.1 shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ of such Class according to the amounts of their respective ~~Revolving~~ Loans ~~or Term Loans, as applicable~~of such Class, and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous; (gh) the Revolving Credit Lenders’ participation in, and payment obligations in respect of, ~~Swingline~~ Swing Loans under ~~Section~~ §2.5., shall be in accordance with their respective Revolving Credit Commitment ~~Percentages;~~ Percentages and (hi) the Revolving Credit Lenders’ participation in, and payment obligations in respect of, Letters of Credit under ~~Section 2.4.~~§2.10, shall be in accordance with their respective Revolving Credit Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section 2.5.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 1 contract

Samples: Credit Agreement (CoreSite Realty Corp)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the ~~Revolving~~ Lenders under ~~Sections 2.1.(a), 2.4.(e) and 2.5.(e)~~ Section 2.1. shall be made from the ~~Revolving Lenders,~~ Lenders and each payment of the fees under Sections 3.5.(b~~), the first sentence of Section 3.5.(c), and 3.5.(d~~) shall be made for the account of the ~~Revolving Lenders, and each termination or reduction of the amount of the Revolving Commitments under Section 2.13. shall be applied to the respective Revolving Commitments of the Revolving~~ Lenders, pro rata according to the amounts of their respective ~~Revolving~~ Commitments; (b) each payment or prepayment of principal of ~~Revolving~~ Loans and each payment of the fees under Section 3.5.(c) shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the ~~Revolving~~ Loans held by them, provided that, subject to Section 3.9., if immediately prior to giving effect to any such payment of principal in respect of any ~~Revolving~~ Loans the outstanding principal amount of the ~~Revolving~~ Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective ~~Revolving~~ Commitments in effect at the time such ~~Revolving~~ Loans were made, then such payment shall be applied to the ~~Revolving~~ Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the ~~Revolving~~ Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective ~~Revolving~~ Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d)~~ each payment ~~or prepayment~~ of ~~principal of Term~~ interest on Loans shall be made for the account of the Term Loan Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders~~, as applicable~~, pro rata in accordance with the amounts of interest on such ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; and (fd) the making, Conversion and Continuation of ~~Revolving Loans or Term~~ Loans of a particular Type (other than Conversions provided for by ~~Sections 5.1.(c) and 5.5~~Section 4.6.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective ~~Revolving~~ Commitments (in the case of making of Loans) or their respective Loans ~~or Term~~ (in the case of Conversions and Continuations of Loans~~, as applicable,~~ ) and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous~~; (g) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5~~., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.4., shall be in accordance with their respective Revolving Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section 2.5.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 1 contract

Samples: Term Loan Agreement (Post Apartment Homes Lp)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the Revolving Lenders under Sections 2.1.(a~~), 2.4.(e~~) and ~~2.5.(e~~2.4.(e) shall be made from the applicable Class of Revolving Lenders, each payment of the fees under Sections 3.5.(b), the first sentence of ~~Section~~ 3.5.(c), and ~~3.5.(d~~3.5.(e) shall be made for the account of the Revolving ~~Lenders~~Lenders of the applicable Class, and each termination or reduction of the amount of the applicable Class of Revolving Commitments under Section 2.13. shall be applied to the respective Class of Revolving Commitments of the applicable Class of Revolving Lenders, pro rata according to the amounts of their respective Revolving ~~Commitments~~Commitments of such Class; (b) each payment or prepayment of principal of Revolving Loans shall be made for the account of the Revolving Lenders of the applicable Class pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans of such Class held by them, ; provided that, subject to Section 3.9., if immediately prior to giving effect to any such payment in respect of any Class of Revolving Loans the outstanding principal amount of the Revolving Loans of such Class shall not be held by the Revolving Lenders of such Class pro rata in accordance with their respective Revolving Commitments of such Class in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans of such Class in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans of such Class being held by the Revolving Lenders of such Class pro rata in accordance with such respective Revolving Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments~~[reserved]; (d) each payment or prepayment of principal of Term Loans shall be made for the account of the Term Loan Lenders of the applicable Class pro rata in accordance with the respective unpaid principal amounts of the Term Loans of such Class held by them; (e) each payment of interest on ~~Revolving~~ Loans ~~or Term Loans~~ of a Class shall be made for the account of the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ of such Class pro rata in accordance with the amounts of interest on such ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ of such Class then due and payable to the respective Lenders; (f) the Conversion and Continuation of ~~Revolving Loans or Term~~ Loans of a particular Type and Class (other than Conversions provided for by Sections 5.1.(c) and 5.5.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ of such Class according to the amounts of their respective ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ of such Class and the then current Interest Period for each such Lender’s portion of each such Loan of such Type and Class shall be coterminous; (g) ~~the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline~~ each prepayment of principal of Bid Rate Loans ~~under~~ pursuant to Section ~~2.5.,~~ 2.9.(b)(iv) shall be made for account of the Lenders then owed Bid Rate Loans pro rata in accordance with ~~their~~ the respective ~~Revolving Commitment Percentages;~~ unpaid principal amounts of the Bid Rate Loans then owing to each such Lender and (h) the Tranche 1 Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.4., shall be in accordance with their respective Tranche 1 Revolving Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section 2.5.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 1 contract

Samples: Credit Agreement (Realty Income Corp)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the ~~Revolving~~ Lenders under ~~Sections~~ Section 2.1.(a~~), 2.4.(e) and 2.5.(e~~) shall be made from the ~~Revolving~~ Lenders, each payment of the ~~fees~~ Fees under ~~Sections 3.5.(b), the first sentence of~~ Section ~~3.5.(c), and 3.5.(d~~3.6. (a) shall be made for ~~the~~ account of the ~~Revolving~~ Lenders, and each termination or reduction of the amount of the ~~Revolving~~ Commitments under Section ~~2.13~~2.9. shall be applied to the respective ~~Revolving~~ Commitments of the ~~Revolving~~ Lenders, pro rata according to the amounts of their respective ~~Revolving~~ Commitments; (b) each payment or prepayment of principal of Revolving Loans by the Borrower shall be made for ~~the~~ account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided ~~that, subject to Section 3.9.,~~ that if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective ~~Revolving~~ Commitments in effect at the time such ~~Revolving~~ Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective ~~Revolving~~ Commitments; (c) the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d) each payment or prepayment of principal of Term Loans shall be made for the account of the Term Loan Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans ~~or Term Loans~~ by the Borrower shall be made for ~~the~~ account of the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ pro rata in accordance with the amounts of interest on such ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; and (fd) the making, Conversion and Continuation of Revolving ~~Loans or Term~~ Loans of a particular Type (other than Conversions provided for by ~~Sections 5.1.(c) and~~ Section 5.5.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective ~~Revolving~~ Commitments (in the case of making of Loans) or their respective Loans ~~or Term~~ (in the case of Conversions and Continuations of Loans~~, as applicable,~~ ) and the then current Interest Period for each Lender’s 's portion of each ~~such~~ Loan of such Type shall be coterminous~~; (g) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5~~., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.4., shall be in accordance with their respective Revolving Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section 2.5.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 1 contract

Samples: Credit Agreement (Captec Net Lease Realty Inc)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the ~~Revolving~~ Lenders under ~~Sections~~ Section 2.1.(a~~), 2.4.(e) and 2.5.(e~~) shall be made from the ~~Revolving~~ Lenders, each payment of the ~~fees~~ Fees under ~~Sections 3.5.(b~~Section 3.6.(a), 3.6.(b) and the first sentence of Section ~~3.5.(c), and 3.5.(d~~3.6(c) shall be made for ~~the~~ account of the ~~Revolving Lenders,~~ Lenders and ~~each termination or reduction of the amount of the Revolving Commitments under Section 2.13.~~ shall be applied to the respective ~~Revolving~~ Commitments of the ~~Revolving~~ Lenders, pro rata according to the amounts of their respective ~~Revolving~~ Commitments; (b) each payment or prepayment of principal of Revolving Loans by the Borrower shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided ~~that, subject to Section 3.9.,~~ that if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective ~~Revolving~~ Commitments in effect at the time such ~~Revolving~~ Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective ~~Revolving~~ Commitments; (c) the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d) each payment or prepayment of principal of Term Loans shall be made for the account of the Term Loan Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans ~~or Term Loans~~ by the Borrower shall be made for ~~the~~ account of the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ pro rata in accordance with the amounts of interest on such ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; (fd) the making, Conversion and Continuation of Revolving ~~Loans or Term~~ Loans of a particular Type (other than Conversions provided for by ~~Sections 5.1.(c) and~~ Section 5.5.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective ~~Revolving~~ Commitments (in the case of making of Loans) or their respective Loans ~~or Term~~ (in the case of Conversions and Continuations of Loans~~, as applicable,~~ ) and the then current Interest Period for each Lender’s 's portion of each ~~such~~ Loan of such Type shall be coterminous; and (ge) the ~~Revolving~~ Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ ' participation in, and payment obligations in respect of, Letters of Credit under Section ~~2.4~~2.3., shall be in accordance with their respective Revolving Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section 2.5.(e), in which case such payments shall be pro rata in accordance with ~~such participating interests)~~their respective Commitments.

Appears in 1 contract

Samples: Credit Agreement (Mgi Properties)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the Revolving Lenders under Sections 2.1.(a), 2.4.(e) and 2.5.(e) shall be made from the Revolving Lenders, each payment of the fees under ~~Sections~~ Section 3.5.(b), the first sentence of ~~Section 3.5.(c~~3.5.(d), and ~~3.5.(d~~Section 3.5.(e) shall be made for the account of the Revolving Lenders, and each termination or reduction of the amount of the Revolving Commitments under Section 2.13. shall be applied to the respective Revolving Commitments of the Revolving Lenders, pro rata according to the amounts of their respective Revolving Commitments; (b) each payment or prepayment of principal of Revolving Loans shall be made for the account of the Revolving Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided that, subject to Section 3.9., if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the Revolving Lenders pro rata in accordance with their respective Revolving Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the Revolving Lenders pro rata in accordance with ~~such~~ their respective Revolving Commitments; (c) the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan ~~Lenders~~ Lenders, pro rata according to the amounts of their respective Term Loan Commitments; (d) each payment or prepayment of principal of Term Loans shall be made for the account of the Term Loan ~~Lenders~~ Lenders, pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such Revolving Loans or Term Loans, as applicable, then due and payable to the respective Lenders; (f) the Conversion and Continuation of Revolving Loans or Term ~~Loans~~ Loans, as applicable, of a particular Type (other than Conversions provided for by Sections ~~5.1.(c~~4.1.(c) and ~~5.5~~4.5.) shall be made pro rata among the Revolving Lenders or Term Loan Lenders, as applicable, according to the amounts of their respective Revolving Loans or Term Loans, as applicable, and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous; (g) each prepayment of principal of Bid Rate Loans by any Borrower pursuant to Section 2.9.(b)(ii) shall be made for account of the Lenders then owed Bid Rate Loans pro rata in accordance with the respective unpaid principal amounts of the Bid Rate Loans then owing to each such Lender; (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5., . shall be in accordance with their respective Revolving Commitment Percentages; and (hi) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.4., . shall be in accordance with their respective Revolving Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Revolving Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section 2.5.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 1 contract

Samples: Credit Agreement (Sl Green Operating Partnership, L.P.)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the ~~Revolving~~ Lenders under ~~Sections~~ Section 2.1.(a~~), 2.4.(e) and 2.5.(e~~) shall be made from the ~~Revolving~~ Lenders, each payment of the ~~fees~~ Fees under ~~Sections 3.5.(b),~~ Section 3.6.(a) and the first sentence of ~~Section 3.5.(c)~~subsection (b) thereof, ~~and 3.5.(d)~~ shall be made for ~~the~~ account of the ~~Revolving~~ Lenders, and each termination or reduction of the amount of the ~~Revolving~~ Commitments under Section ~~2.13~~2.10. shall be applied to the respective ~~Revolving~~ Commitments of the ~~Revolving~~ Lenders, pro rata according to the amounts of their respective ~~Revolving~~ Commitments; (b) each payment or prepayment of principal of Revolving Loans by the Borrower shall be made for ~~the~~ account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided ~~that, subject to Section 3.9.,~~ that if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective ~~Revolving~~ Commitments in effect at the time such ~~Revolving~~ Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective ~~Revolving~~ Commitments; (c) the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d) each payment or prepayment of principal of Term Loans shall be made for the account of the Term Loan Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans ~~or Term Loans~~ by the Borrower shall be made for ~~the~~ account of the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ pro rata in accordance with the amounts of interest on such ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; (fd) the making, Conversion and Continuation of Revolving ~~Loans or Term~~ Loans of a particular Type (other than Conversions provided for by ~~Sections 5.1.(c) and 5.5~~Section 4.5.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective ~~Revolving~~ Commitments (in the case of making of Loans) or their respective Loans ~~or Term~~ (in the case of Conversions and Continuations of Loans~~, as applicable,~~ ) and the then current Interest Period for each Lender’s 's portion of each ~~such~~ Loan of such Type shall be ~~coterminous;~~ coterminous and (ge) the ~~Revolving~~ Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ ' participation in, and payment obligations in respect of, Letters of Credit under Section ~~2.4~~2.9., shall be in accordance with their respective Revolving Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section 2.5.(e), in which case such payments shall be pro rata in accordance with ~~such participating interests)~~their respective Commitments.

Appears in 1 contract

Samples: Credit Agreement (CNL American Properties Fund Inc)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the Revolving Lenders under ~~Sections 2.1.(a)~~Section 2.1., ~~2.4.(e~~2.4(e) and 2.5.(e) shall be made from the Revolving Lenders, each payment of the ~~fees~~ Fees under ~~Sections~~ Section 3.5.(a), under Section 3.5.(b), under the first sentence of Section 3.5.(c) and under Section 3.5.(d), ~~and 3.5.(d)~~ shall be made for the account of the Revolving Lenders, and each termination or reduction of the amount of the Revolving Commitments under Section ~~2.13~~2.16. shall be applied to the respective Revolving Commitments of the Revolving Lenders, pro rata according to the amounts of their respective Revolving Commitments; (b) each payment or prepayment of principal of Revolving Loans by the Borrower shall be made for the account of the Revolving Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided that, subject to Section 3.9., if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the Revolving Lenders pro rata in accordance with their respective Revolving Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the Revolving Lenders pro rata in accordance with such respective Revolving Commitments; (c) the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan ~~Lenders~~ Lenders, pro rata according to the amounts of their respective Term Loan Commitments; (d) each payment or prepayment of principal of Term Loans shall be made for the account of the Term Loan Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such Revolving Loans or Term Loans, as applicable, then due and payable to the respective Lenders; (f) the Conversion ~~and~~ or Continuation of Revolving Loans or Term Loans of a particular Type (other than Conversions provided for by ~~Sections 5.1.(c) and 5.5~~Section 4.5.) shall be made pro rata among the Revolving Lenders or Term Loan Lenders, as applicable, according to the amounts of their respective Revolving Loans or Term Loans, as applicable, and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous; (g) the Revolving Lenders’ participation in, and payment obligations in respect of, ~~Swingline Loans~~ Letters of Credit under Section 2.5., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, ~~Letters of Credit~~ Swingline Loans under Section 2.4., shall be in accordance with their respective Revolving Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Revolving Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section ~~2.5.(e~~2.4.(e), in which case such payments shall be pro rata in accordance with such participating interests). Any payment or prepayment of principal or interest made during the existence of an Event of Default shall be made for the account of the Lenders in accordance with the order set forth in Section 9.5.

Appears in 1 contract

Samples: Credit Agreement (Pennsylvania Real Estate Investment Trust)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the Revolving Lenders under Sections ~~2.1.(a), 2.4.(e~~2.1(a) and ~~2.5.(e~~2A.6(b) shall be made from the Revolving Lenders, each payment of the fees under Sections ~~3.5.(b~~2.1(c)(iii), 2.4 and 2.5 and the first sentence of Section ~~3.5.(c), and 3.5.(d~~2A.8(a) shall be made for the account of the Revolving Lenders, and each termination or reduction of the amount of the Revolving Commitments under Section ~~2.13.~~ 2.22(a) shall be applied to the respective Revolving Commitments of the Revolving Lenders, pro rata according to the amounts of their respective Revolving Commitments; (b) each payment or prepayment of principal of Revolving Loans shall be made for the account of the Revolving Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided that, subject to Section ~~3.9.~~10.14, if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the Revolving Lenders pro rata in accordance with their respective Revolving Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the Revolving Lenders pro rata in accordance with such respective Revolving Commitments; (c) the making of any additional Term Loans under Section ~~2.2.(a)~~ 2.22 shall be made from the applicable Term ~~Loan Lenders~~ Lenders, pro rata according to the amounts of their respective commitments for such Term ~~Loan Commitments~~Loan; (d) each payment or prepayment of principal of Term Loans of a Class shall be made for the account of the Term ~~Loan~~ Lenders of such Class pro rata in accordance with the respective unpaid principal amounts of the Term Loans of such Class held by them; (e) each payment of interest on ~~Revolving~~ Loans ~~or Term Loans~~ of a Class shall be made for the account of the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ of such Class pro rata in accordance with the amounts of interest on such ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective ~~Lenders~~Lenders of such Class; (f) the Conversion and Continuation of ~~Revolving Loans or Term~~ Loans of a particular Class and Type ~~(other than Conversions provided for by Sections 5.1.(c) and 5.5.)~~ shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ of such Class according to the amounts of their respective ~~Revolving~~ Loans ~~or Term Loans, as applicable~~of such Class, and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous; (g) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section ~~2.5.~~2.16, shall be in accordance with their respective Revolving ~~Commitment Percentages;~~ Percentages and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Facility Letters of Credit under Section ~~2.4.~~2A.6, shall be in accordance with their respective Revolving ~~Commitment~~ Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section 2.5.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 1 contract

Samples: Credit Agreement (Ramco Gershenson Properties Trust)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the Revolving Lenders under Sections ~~2.1.(a), 2.4.(e~~2.1(a) and ~~2.5.(e~~2A.6(b) shall be made from the Revolving Lenders, each payment of the fees under Sections ~~3.5.(b~~2.1(c)(iviii), 2.4 and 2.5 and the first sentence of Section ~~3.5.(c), and 3.5.(d~~2A.8(a) shall be made for the account of the Revolving Lenders, and each termination or reduction of the amount of the Revolving Commitments under Section ~~2.13.~~ 2.22(a) shall be applied to the respective Revolving Commitments of the Revolving Lenders, pro rata according to the amounts of their respective Revolving Commitments; (b) each payment or prepayment of principal of Revolving Loans shall be made for the account of the Revolving Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided that, subject to Section ~~3.9.~~10.14, if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the Revolving Lenders pro rata in accordance with their respective Revolving Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the Revolving Lenders pro rata in accordance with such respective Revolving Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments~~[reserved]; (d) each payment or prepayment of principal of Term Loans of a Class shall be made for the account of the Term ~~Loan~~ Lenders of such Class pro rata in accordance with the respective unpaid principal amounts of the Term Loans of such Class held by them; (e) each payment of interest on ~~Revolving~~ Loans ~~or Term Loans~~ of a Class shall be made for the account of the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ of such Class pro rata in accordance with the amounts of interest on such ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective ~~Lenders~~Lenders of such Class; (f) the ~~Conversion~~ conversion and ~~Continuation~~ continuation of ~~Revolving Loans or Term~~ Loans of a particular Class and Type ~~(other than Conversions provided for by Sections 5.1.(c) and 5.5.)~~ shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ of such Class according to the amounts of their respective ~~Revolving~~ Loans ~~or Term Loans, as applicable~~of such Class, and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be ~~coterminous;~~ coterminous and (g) the Revolving Lenders’ participation in, and payment obligations in respect of, ~~Swingline Loans~~ Facility Letters of Credit under Section ~~2.5.~~2A.6, shall be in accordance with their respective Revolving ~~Commitment~~ Percentages~~; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.4~~., shall be in accordance with their respective Revolving Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section 2.5.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 1 contract

Samples: Credit Agreement (Kite Realty Group, L.P.)

Pro Rata Treatment. Except to the extent otherwise provided ~~herein~~in this Agreement: (a) each borrowing from the ~~Revolving~~ Lenders under ~~Sections~~ Section 2.1.(a~~), 2.4.(e~~) and ~~2.5.(e~~(b) shall be made from the ~~Revolving Lenders,~~ Lenders and each payment of the ~~fees~~ Fees under ~~Sections 3.5.(b), the first sentence of~~ Section ~~3.5.(c), and 3.5.(d)~~ 3.6. shall be made for the account of the ~~Revolving Lenders, and each termination or reduction of the amount of the Revolving Commitments under Section 2.13. shall be applied to the respective Revolving Commitments of the Revolving Lenders,~~ Lenders pro rata according to the amounts of their respective ~~Revolving~~ Commitments; (b) each payment or prepayment of principal of Revolving Loans by the Borrower shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of ~~the~~ Revolving Loans held by them, provided ~~that, subject to Section 3.9.,~~ that if immediately prior to giving effect to any such payment in respect of ~~any~~ Revolving ~~Loans~~ Loans, the outstanding principal amount of ~~the~~ such Revolving Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective Revolving Commitments in effect at the time such ~~Revolving~~ Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective Revolving Commitments; (c~~) the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d~~) each payment or prepayment of principal of Term Loans by the Borrower shall be made for ~~the~~ account of the ~~Term Loan~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans ~~held by~~ then owing to each of them; (ed) each payment of interest on Revolving Loans or and Term Loans by the Borrower shall be made for the account of the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ pro rata in accordance with the amounts of interest on such ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; and (fe) the making, Conversion and Continuation of ~~Revolving Loans or Term~~ Loans of a particular Type (other than Conversions provided for by ~~Sections 5.1.(c) and 5.5~~Section 4.5.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective Revolving Commitments or Term Commitments (in the case of making of Revolving Loans or Term Loans, as applicable, ) or their respective Loans (in the case of Conversions and Continuations of Loans) and the then current Interest Period for each Lender’s 's portion of each ~~such~~ Loan of such Type shall be coterminous~~; (g) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5~~., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.4., shall be in accordance with their respective Revolving Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section 2.5.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 1 contract

Samples: Credit Agreement (Pennsylvania Real Estate Investment Trust)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the Revolving Lenders under Sections 2.1.(a), ~~2.4.(e~~2.3.(e) and ~~2.5.(e~~2.4.(e) shall be made from the Revolving Lenders, each payment of the fees under ~~Sections~~ Section 3.5.(b), the first sentence of Section 3.5.(c), and Section 3.5.(d) shall be made for the account of the Revolving Lenders, and each termination or reduction of the amount of the Revolving Commitments under Section ~~2.13~~2.12. shall be applied to the respective Revolving Commitments of the Revolving Lenders, pro rata according to the amounts of their respective Revolving Commitments; (b) the making of the Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders, and each payment of fees under Section 3.5.(d) shall be made for the account of the Term Loan Lenders, pro rata according to the amounts of their respective Term Loan Commitments, (c) each payment or prepayment of principal of ~~Revolving~~ a Class of Loans shall be made for the account of the ~~Revolving~~ Lenders of such Class pro rata in accordance with the respective unpaid principal amounts of the ~~Revolving~~ Loans of such Class held by them, provided that, subject to Section 3.9., if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the Revolving Lenders pro rata in accordance with their respective Revolving Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the Revolving Lenders pro rata in accordance with ~~such~~ their respective Revolving ~~Commitments; (c) the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan~~ Commitments; (d) each payment ~~or prepayment~~ of ~~principal~~ interest on a Class of ~~Term~~ Loans shall be made for the account of the ~~Term Loan~~ Lenders ~~pro rata in accordance with the respective unpaid principal amounts~~ of ~~the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable,~~ such Class pro rata in accordance with the amounts of interest on such ~~Revolving~~ Class of Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Class of Lenders; (fe) the Conversion and Continuation of ~~Revolving Loans or Term~~ Loans of a particular Class and Type (other than Conversions provided for by Sections ~~5.1.(c)~~ 5.1. and 5.5.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ of such Class according to the amounts of their respective ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ of such Class and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous; ~~(g) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5., shall be in accordance with their respective Revolving Commitment Percentages;~~ and (hf) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section ~~2.4~~2.3., shall be in accordance with their respective Revolving Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section 2.5.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 1 contract

Samples: Credit Agreement (Parkway, Inc.)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the ~~Revolving~~ Lenders under ~~Sections~~ Section 2.1.(a), ~~2.4.(e)~~ and ~~2.5.(e~~2.2. (e) shall be made from the ~~Revolving~~ Lenders, and each payment of the fees under Sections 3.5.(a), 3.5.(b), the first sentence of ~~Section~~ 3.5.(c), ) and 3.5.(d) shall be made for the account of the ~~Revolving Lenders, and each termination or reduction of the amount of the Revolving Commitments under Section 2.13. shall be applied to the respective Revolving Commitments of the Revolving~~ Lenders, pro rata according to the amounts of their respective ~~Revolving~~ Commitments; (b) each payment or prepayment of principal of Revolving Loans shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided that, subject to Section 3.9., if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective ~~Revolving~~ Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective ~~Revolving~~ Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d)~~ each payment ~~or prepayment~~ of ~~principal of Term~~ interest on Revolving Loans shall be made for the account of the ~~Term Loan~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such Revolving Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; (fd) the ~~Conversion~~ making, and Continuation of Revolving Loans ~~or Term Loans of a particular Type (other than Conversions provided for by Sections 5.1.(c) and 5.5.)~~ shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective Revolving Loans ~~or Term Loans, as applicable,~~ and the then current Interest Period for each Lender’s portion of each such Loan ~~of such Type~~ shall be coterminous; and (ge) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.4., shall be in accordance with their respective ~~Revolving~~ Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section 2.5.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 1 contract

Samples: Credit Agreement (Gladstone Commercial Corp)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the ~~Revolving~~ Lenders under ~~Sections~~ Section 2.1.(a), ~~2.4.(e~~2.3.(e) and ~~2.5.(e~~2.4.(e) shall be made from the ~~Revolving~~ Lenders, each payment of the fees under Sections 3.5.(b), the first sentence of ~~Section~~ 3.5.(c), ) and 3.5.(d) shall be made for the account of the ~~Revolving~~ Lenders, and each termination or reduction of the amount of the ~~Revolving~~ Commitments under Section ~~2.13~~2.12. shall be applied to the respective ~~Revolving~~ Commitments of the ~~Revolving~~ Lenders, pro rata according to the amounts of their respective ~~Revolving~~ Commitments; (b) each payment or prepayment of principal of Revolving Loans shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided that, subject to Section 3.9., if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective ~~Revolving~~ Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective ~~Revolving~~ Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d)~~ each payment ~~or prepayment~~ of ~~principal of Term~~ interest on Revolving Loans shall be made for the account of the Term Loan Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders~~, as applicable~~, pro rata in accordance with the amounts of interest on such Revolving Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; (fd) the Conversion and Continuation of Revolving ~~Loans or Term~~ Loans of a particular Type (other than Conversions provided for by Sections ~~5.1.(c~~4.1.(c) and ~~5.5~~4.6.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective Revolving Loans ~~or Term Loans, as applicable,~~ and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous; (ge) each prepayment of principal of Bid Rate Loans by the Borrower pursuant to Section 2.8.(b)(ii) shall be made for account of the Lenders then owed Bid Rate Loans pro rata in accordance with the respective unpaid principal amounts of the Bid Rate Loans then owing to each such Lender; (f) the ~~Revolving~~ Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section ~~2.5~~2.3., shall be in accordance with their respective ~~Revolving~~ Commitment Percentages; and (hg) the ~~Revolving~~ Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.4., shall be in accordance with their respective ~~Revolving~~ Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section ~~2.5.(e~~2.3.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 1 contract

Samples: Credit Agreement (Post Apartment Homes Lp)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the Revolving Lenders under Sections ~~2.1.(a), 2.4.(e~~2.1(a) and ~~2.5.(e~~2A.6(b) shall be made from the Revolving Lenders, each payment of the fees under Sections ~~3.5.(b~~2.1(c)(iii), 2.4 and 2.5 and the first sentence of Section ~~3.5.(c), and 3.5.(d~~2A.8(a) shall be made for the account of the Revolving Lenders, and each termination or reduction of the amount of the Revolving Commitments under Section ~~2.13.~~ 2.22(a) shall be applied to the respective Revolving Commitments of the Revolving Lenders, pro rata according to the amounts of their respective Revolving Commitments; (b) each payment or prepayment of principal of Revolving Loans shall be made for the account of the Revolving Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided that, subject to Section ~~3.9.~~10.14, if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the Revolving Lenders pro rata in accordance with their respective Revolving Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the Revolving Lenders pro rata in accordance with such respective Revolving Commitments; (c) the making of the Term Loans X-0, Xxxx Xxxxx X-0, Xxxx Loans X-0, Xxxx Xxxxx X-0 and any additional Term Loans under Section ~~2.2.(a)~~ 2.22 shall be made from the applicable Term ~~Loan Lenders~~ Lenders, pro rata according to the amounts of their respective commitments for such Term ~~Loan Commitments~~Loan; (d) each payment or prepayment of principal of Term Loans of a Class shall be made for the account of the Term ~~Loan~~ Lenders of such Class pro rata in accordance with the respective unpaid principal amounts of the Term Loans of such Class held by them; (e) each payment of interest on ~~Revolving~~ Loans ~~or Term Loans~~ of a Class shall be made for the account of the ~~Revolving~~ Lenders or of such Class pro rata in accordance with the amounts of interest on such Loans then due and payable to the respective Lenders of such Class; (f) each payment of the Prepayment Consideration under Section 2.17(b) shall be made for the account of the Term ~~Loan~~ A-4 Lenders and/or the Term A-5 Lenders, as applicable, pro rata in accordance with the respective unpaid principal amounts of ~~interest on such Revolving~~ the Term Loans or A-4 and/or Term ~~Loans~~Loans A-5, as applicable, ~~then due and payable to the respective Lenders~~held by them; (fg) the Conversion and Continuation of ~~Revolving Loans or Term~~ Loans of a particular Class and Type ~~(other than Conversions provided for by Sections 5.1.(c) and 5.5.)~~ shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ of such Class according to the amounts of their respective ~~Revolving~~ Loans ~~or Term Loans, as applicable~~of such Class, and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous; (gh) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section ~~2.5.~~2.16, shall be in accordance with their respective Revolving ~~Commitment Percentages;~~ Percentages and (hi) the Revolving Lenders’ participation in, and payment obligations in respect of, Facility Letters of Credit under Section ~~2.4.~~2A.6, shall be in accordance with their respective Revolving ~~Commitment~~ Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section 2.5.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 1 contract

Samples: Credit Agreement (RPT Realty)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the Revolving Lenders under Sections ~~2.1.(a~~2.1(a), ~~2.4.(e~~2.4(e) and ~~2.5.(e~~2.5(e) shall be made from the applicable Class of Revolving Lenders, each payment of the fees under Sections ~~3.5.(b~~3.5(a), 3.5(b), the first sentence of ~~Section 3.5.(c~~3.5(c), and ~~3.5.(d~~3.5(e) shall be made for the account of the applicable Class of Revolving Lenders, and each termination or reduction of the amount of the Revolving Commitments under Section ~~2.13.~~ 2.13 shall be applied to the respective Class of Revolving Commitments of the applicable Class of Revolving Lenders, pro rata according to the amounts of their respective applicable Revolving ~~Commitments~~Commitments of such Class; (b) (i) each payment or prepayment of principal of Revolving Loans shall specify the Class of Revolving Loans being paid or prepaid and shall be made for the account of the applicable Class of Revolving Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans of such Class being paid or prepaid that are held by them, provided that, subject to Section 3.9., if immediately prior to giving effect to any such payment in respect of any Revolving Loans of a given Class the outstanding principal amount of ~~the~~ such Class of Revolving Loans shall not be held by the Revolving Lenders of such Class pro rata in accordance with their respective Revolving Commitments of such Class in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans of such Class in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans of the applicable Class being held by the Revolving Lenders of such Class pro rata in accordance with ~~such~~ their respective Revolving Commitments of such Class and (ii) each payment or prepayment of principal of Multicurrency Loans by the Borrower shall be made for the account of the Revolving Multicurrency Tranche Lenders pro rata in accordance with the respective unpaid principal amount of the Multicurrency Loans (in like currency) held by them, provided that if immediately prior to giving effect to any such payment in respect of any Multicurrency Loans the outstanding principal amount of the Multicurrency Loans shall not be held by the Revolving Multicurrency Tranche Lenders pro rata in accordance with their respective Revolving Multicurrency Tranche Commitments in effect at the time such Multicurrency Loans were made, then such payment shall be applied to the Multicurrency Loans (of like currency) in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Multicurrency Loans being held by such Revolving Multicurrency Tranche Lenders pro rata in accordance with their respective Revolving Multicurrency Tranche Commitments; (c) the making of a Class of Term Loans under Section ~~2.2.(a)~~ 2.17 shall be made from the Term Loan Lenders of such Class, pro rata according to the amounts of their respective Term Loan ~~Commitments~~Commitments of such Class; (d) each payment or prepayment of principal of Term Loans of a given Class shall be made for the account of the Term Loan Lenders of such Class pro rata in accordance with the respective unpaid principal amounts of the Term Loans of such Class held by them; (e) each payment of interest on Revolving Loans of a given Class or Term Loans of a given Class shall be made for the account of the Revolving Lenders of such Class or Term Loan ~~Lenders~~Lenders of such Class, as applicable, pro rata in accordance with the amounts of interest on such Revolving Loans of such Class or Term ~~Loans~~Loans of such Class, as applicable, then due and payable to ~~the respective~~ such Lenders, respectively; (f) the making, Conversion and Continuation of ~~Revolving Loans or Term~~ Loans of a particular Type and Class (other than Conversions provided for by Sections ~~5.1.(c~~5.1(c) and 5.5.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ of such Class according to the amounts of their respective ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ of such Class and the then current Interest Period for each Lender’s portion of each such Loan of such Type and Class shall be coterminous; and (g) the Revolving Lenders’ ~~participation in, and payment obligations in respect of, Swingline Loans under Section 2.5., shall be in accordance with their respective Revolving Commitment Percentages; and~~ (hof a given Class) ~~the Revolving Lenders’~~ participation in, and payment obligations in respect of, Letters of Credit of such Class under Section 2.4., shall be in accordance with their respective Revolving Tranche Commitment ~~Percentages. All payments~~ Percentages of ~~principal~~such Class, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section 2.5.(e), in which case such payments shall be pro rata in accordance with such participating interests)as applicable.

Appears in 1 contract

Samples: Credit Agreement (Hudson Pacific Properties, L.P.)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the ~~Revolving~~ Lenders under ~~Sections~~ Section 2.1.(a~~), 2.4.(e~~) and ~~2.5.(e~~2.2.(e) shall be made from the ~~Revolving~~ Lenders, each payment of the ~~fees~~ Fees under Sections 3.5.(a) (as applicable), 3.5.(b), the first sentence of ~~Section~~ 3.5.(c), ) and 3.5.(d) shall be made for the account of the ~~Revolving~~ Lenders, and each termination or reduction of the amount of the ~~Revolving~~ Commitments under Section ~~2.13~~2.11. shall be applied to the respective ~~Revolving~~ Commitments of the ~~Revolving~~ Lenders, pro rata according to the amounts of their respective ~~Revolving~~ Commitments; (b) each payment or prepayment of principal of Revolving Loans shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided that, subject to Section 3.9., if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective ~~Revolving~~ Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective ~~Revolving~~ Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d)~~ each payment ~~or prepayment~~ of ~~principal of Term~~ interest on Revolving Loans shall be made for the account of the Term Loan Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders~~, as applicable~~, pro rata in accordance with the amounts of interest on such ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; (fd) the making, Conversion and Continuation of ~~Revolving Loans or Term~~ Loans of a particular Type (other than Conversions provided for by ~~Sections 5.1.(c) and~~ Section 5.5.) shall be made pro rata among the ~~Revolving Lenders or Term Loan~~ Lenders~~, as applicable~~, according to the amounts of their respective Revolving Loans ~~or Term Loans, as applicable,~~ and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous; (ge) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section ~~2.4~~2.2., shall be in accordance with their respective ~~Revolving~~ Commitment Percentages; and (f) the Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.3., shall be in accordance with their respective Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section ~~2.5.(e~~2.3.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 1 contract

Samples: Credit Agreement (DiamondRock Hospitality Co)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the ~~Revolving~~ Lenders under ~~Sections 2.1.(a), 2.4.(e) and 2.5.(e)~~ SECTION 2.1 shall be made from the ~~Revolving~~ Lenders, each payment of the ~~fees~~ Fees under ~~Sections 3.5.(b), the first sentence of Section 3.5.(c), and 3.5.(d~~SECTION 3.6(a) shall be made for ~~the~~ account of the ~~Revolving~~ Lenders, and each termination or reduction of the amount of the ~~Revolving~~ Commitments under ~~Section 2.13.~~ SECTION 2.11 shall be applied to the respective ~~Revolving~~ Commitments of the ~~Revolving~~ Lenders, pro rata according to the amounts of their respective ~~Revolving Commitments~~Commitment Percentages; (b) each payment or prepayment of principal of Revolving Loans shall be made for ~~the~~ account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, ; provided that~~, subject to Section 3.9.~~, if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective ~~Revolving Commitments~~ Commitment Percentages in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective ~~Revolving Commitments~~Commitment Percentages; (c) the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d) each payment or prepayment of principal of Term Loans shall be made for the account of the Term Loan Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans ~~or Term Loans~~ shall be made for ~~the~~ account of the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ pro rata in accordance with the amounts of interest on such Revolving Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; and (fd) the making, Conversion and Continuation of Revolving ~~Loans or Term~~ Loans of a particular Type (other than Conversions provided for by ~~Sections 5.1.(c) and 5.5.~~SECTION 4.4) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective Commitment Percentages (in the case of making of Revolving Loans) or their respective CREDIT AGREEMENT Revolving Loans ~~or Term~~ (in the case of Conversions and Continuations of Revolving Loans~~, as applicable,~~ ) and the then current Interest Period for each Lender’s 's portion of each ~~such~~ Revolving Loan of such Type shall be coterminous~~; (g) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5~~., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.4., shall be in accordance with their respective Revolving Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section 2.5.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 1 contract

Samples: Credit Agreement (Allied Capital Corp)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the ~~Revolving~~ Lenders under ~~Sections~~ Section 2.1.(a~~), 2.4.(e) and 2.5.(e~~) shall be made from the ~~Revolving~~ Lenders, each payment of the ~~fees~~ Fees under ~~Sections 3.5.(b), the first sentence of~~ Section ~~3.5.(c), and 3.5.(d~~3.6. (a) shall be made for the account of the ~~Revolving~~ Lenders, and each termination or reduction of the amount of the ~~Revolving~~ Commitments under Section ~~2.13~~2.10. shall be applied to the respective ~~Revolving~~ Commitments of the ~~Revolving~~ Lenders, in each case, pro rata according to the amounts of their respective ~~Revolving~~ Commitments; (b) each payment or prepayment of principal of Revolving Loans by the Borrower shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided ~~that, subject to Section 3.9.,~~ that if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective ~~Revolving~~ Commitments in effect at the time such ~~Revolving~~ Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective ~~Revolving~~ Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d)~~ each payment ~~or prepayment~~ of ~~principal of Term~~ interest on Revolving Loans by the Borrower shall be made for the account of the ~~Term Loan~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; (fd) the making, Conversion and Continuation of Revolving ~~Loans or Term~~ Loans of a particular Type (other than Conversions provided for by ~~Sections 5.1.(c) and 5.5~~Section 5.6.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective ~~Revolving~~ Commitments (in the case of making of Loans) or their respective Loans ~~or Term~~ (in the case of Conversions and Continuations of Loans~~, as applicable,~~ ) and the then current Interest Period for each Lender’s 's portion of each ~~such~~ Loan of such Type shall be coterminous; and (ge) the ~~Revolving~~ Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ ' participation in, and payment obligations in respect of, Letters of Credit under Section ~~2.4~~2.2., shall be in accordance with their respective Revolving Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section 2.5.(e), in which case such payments shall be pro rata in accordance with ~~such participating interests)~~their respective Commitments.

Appears in 1 contract

Samples: Credit Agreement (First Washington Realty Trust Inc)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the ~~Revolving~~ Lenders under ~~Sections~~ Section 2.1.(a), ~~2.4.(e~~2.2.(e) and ~~2.5.(e~~2.3.(e) shall be made from the ~~Revolving~~ Lenders, each payment of the ~~fees~~ Fees under ~~Sections 3.5.(b~~Section 3.6.(a), the first sentence of Section ~~3.5.(c~~3.6.(b), and ~~3.5.(d~~Section 3.6.(c) shall be made for the account of the ~~Revolving~~ Lenders, and each termination or reduction of the amount of the ~~Revolving~~ Commitments under Section ~~2.13~~2.11. shall be applied to the respective ~~Revolving~~ Commitments of the ~~Revolving~~ Lenders, pro rata according to the amounts of their respective ~~Revolving~~ Commitments; (b) each payment or prepayment of principal of Revolving Loans by the Borrower shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided ~~that, subject to Section 3.9.,~~ that if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective ~~Revolving~~ Commitments in effect at the time such ~~Revolving~~ Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective ~~Revolving~~ Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d)~~ each payment ~~or prepayment~~ of ~~principal of Term~~ interest on Revolving Loans by the Borrower shall be made for the account of the ~~Term Loan~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; (fd) the making, Conversion and Continuation of Revolving ~~Loans or Term~~ Loans of a particular Type (other than Conversions provided for by ~~Sections 5.1.(c) and~~ Section 5.5.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective ~~Revolving~~ Commitments (in the case of making of Loans) or their respective Loans ~~or Term~~ (in the case of Conversions and Continuations of Loans~~, as applicable,~~ ) and the then current Interest Period for each Lender’s portion of each ~~such~~ Loan of such Type shall be coterminous; (ge) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section ~~2.4~~2.3., shall be pro rata in accordance with their respective ~~Revolving Commitment Percentages~~Commitments; and (f) the Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.2., shall be pro rata in accordance with their respective Commitments. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired and funded a participating interest in any such Swingline Loan pursuant to Section ~~2.5.(e~~2.2.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 1 contract

Samples: Credit Agreement (Corporate Office Properties Trust)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the ~~Revolving~~ Lenders under ~~Sections 2.1.(a), 2.4.(e) and 2.5.(e)~~ Section 2.01 hereof shall be made from the ~~Revolving~~ Lenders, each payment of ~~the~~ commitment fees under ~~Sections 3.5.(b), the first sentence of~~ Section ~~3.5.(c), and 3.5.(d)~~ 2.04 Credit Agreement 45 -38- hereof shall be made for the account of the ~~Revolving Lenders,~~ Lenders and each termination or reduction of the amount of the ~~Revolving~~ Commitments under Section ~~2.13.~~ 2.03 hereof shall be applied to the respective ~~Revolving~~ Commitments of the ~~Revolving~~ Lenders, pro rata according to the amounts of their respective ~~Revolving~~ Commitments; (b) except as otherwise provided in Section 5.04 hereof, Eurodollar Loans having the same Interest Period shall be allocated pro rata among the Lenders according to the amounts of their respective Commitments (in the case of the making of Loans) or their respective Loans (in the case of Conversions and Continuations of Loans); (c) each payment or prepayment of principal of ~~Revolving~~ Loans by the Borrower shall be made for ~~the~~ account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the ~~Revolving~~ Loans held by them, provided ~~that, subject to Section 3.9.,~~ that if immediately prior to giving effect to any such payment in respect of any ~~Revolving~~ Loans the outstanding principal amount of the ~~Revolving~~ Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective ~~Revolving~~ Commitments in effect at the time such ~~Revolving~~ Loans were ~~made~~made (whether by reason of a failure of a Lender to make a Loan hereunder or otherwise), then such payment shall be applied to the ~~Revolving~~ Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the ~~Revolving~~ Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective ~~Revolving~~ Commitments; ~~(c) the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments;~~ and (d) each payment or prepayment of principal of Term Loans shall be made for the account of the Term Loan Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on ~~Revolving~~ Loans ~~or Term Loans~~ by the Borrower shall be made for ~~the~~ account of the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ pro rata in accordance with the amounts of interest on such ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders~~; (f) the Conversion and Continuation of Revolving Loans or Term Loans of a particular Type (other than Conversions provided for by Sections 5.1.(c) and 5.5~~.) shall be made pro rata among the Revolving Lenders or Term Loan Lenders, as applicable, according to the amounts of their respective Revolving Loans or Term Loans, as applicable, and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous; (g) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.4., shall be in accordance with their respective Revolving Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section 2.5.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 1 contract

Samples: Credit Agreement (Thai Romo LTD)

Pro Rata Treatment. Except to the extent otherwise provided ------------------ herein: : (ai) each ~~borrowing~~ Borrowing of Dollar Loans or Multicurrency Loans in a particular Currency from the ~~Revolving~~ Lenders under ~~Sections 2.1.(a), 2.4.(e) and 2.5.(e)~~ Section 2.01 hereof shall be made from the ~~Revolving~~ relevant Lenders, each payment of ~~the~~ Commitment Fees, Utilization Fees or of participation fees under ~~Sections 3.5.(b),~~ Section 2.11 hereof in respect of the ~~first sentence of Section 3.5.(c), and 3.5.(d)~~ Dollar Sub- Commitment or the Multicurrency Sub-Commitment shall be made for ~~the~~ account of the ~~Revolving~~ relevant Lenders, and each termination or reduction of the amount of the ~~Revolving Commitments~~ Commitment, Dollar Sub-Commitment or Multicurrency Sub-Commitment under Section ~~2.13.~~ 2.08 hereof shall be applied to the respective ~~Revolving~~ Commitments and Sub-Commitments of the ~~Revolving~~ relevant Lenders, pro rata according to the amounts of their respective ~~Revolving~~ Commitments or Sub-Commitments; (bii) the making, conversion and continuation of Loans of a particular Type and Currency (other than conversions provided for by Section 2.13 hereof) shall be made pro rata among the relevant Lenders according to the amounts of their respective Sub-Commitments (in the case of the making of Loans) or their respective Loans (in the case of conversions and continuations of Loans) and the then current Interest Period for each Eurocurrency Loan, as applicable, shall be coterminous; (iii) each payment or prepayment of principal of ~~Revolving~~ Dollar Loans or of Multicurrency Loans by the Borrowers shall be made for ~~the~~ account of the ~~Revolving~~ Dollar Lenders and the Multicurrency Lenders, as applicable, pro rata in accordance with the respective unpaid principal amounts of the ~~Revolving~~ Dollar Loans held by them, provided that, subject to Section 3.9., if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the Revolving Lenders pro rata in accordance with their respective Revolving Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the Revolving Lenders pro rata in accordance with such respective Revolving Commitments; (c) the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d) each payment or prepayment of principal of Term Loans shall be made for the account of the Term Loan Lenders pro rata in accordance with the respective unpaid principal amounts of the Term and Multicurrency Loans held by them; and (eiv) each payment of interest on ~~Revolving~~ Dollar Loans ~~or Term~~ and Multicurrency Loans by the Borrowers shall be made for ~~the~~ account of the ~~Revolving~~ relevant Lenders ~~or Term Loan Lenders, as applicable,~~ pro rata in accordance with the amounts of interest on such ~~Revolving~~ Dollar Loans ~~or Term Loans, as applicable,~~ and Multicurrency Loans then due and payable to the respective Lenders~~; (f) the Conversion and Continuation of Revolving Loans or Term Loans of a particular Type (other than Conversions provided for by Sections 5.1.(c) and 5.5~~.) shall be made pro rata among the Revolving Lenders or Term Loan Lenders, as applicable, according to the amounts of their respective Revolving Loans or Term Loans, as applicable, and the then current Interest Period for each Lender’s portion of each such Loan of such Type shall be coterminous; (g) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.4., shall be in accordance with their respective Revolving Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section 2.5.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 1 contract

Samples: Multi Year Credit Agreement (Smithfield Foods Inc)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the Revolving Lenders under Sections ~~2.1.(a~~2.1(a), ~~2.4.(e~~2.4(e) and ~~2.5.(e~~2.5(e) shall be made from the Revolving Lenders, each payment of the fees under Sections ~~3.5.(b~~3.5(b)(i), the first sentence of ~~Section 3.5.(c~~3.5(c), and ~~3.5.(d~~3.5(e) shall be made for the account of the Revolving Lenders, and each termination or reduction of the amount of the Revolving Commitments under Section ~~2.13.~~ 2.13 shall be applied to the respective Revolving Commitments of the Revolving Lenders, pro rata according to the amounts of their respective Revolving Commitments; (b) each payment or prepayment of principal of Revolving Loans shall be made for the account of the Revolving Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided that, subject to Section 3.9., if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the Revolving Lenders pro rata in accordance with their respective Revolving Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the Revolving Lenders pro rata in accordance with such respective Revolving Commitments; (c) the making of Term Loans under Section ~~2.2.(a~~2.2(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d) each payment or prepayment of principal of Term Loans (other than Additional Tranche Term Loans) shall be made for the account of the Term Loan Lenders pro rata in accordance with the respective unpaid principal amounts of ~~the~~ such Term Loans held by ~~them~~them and each termination or reduction of the amount of the Term Loan Commitments under Section 2.13 shall be applied to the respective Term Loan Commitments of the Term Loan Lenders, pro rata according to the amounts of their respective Term Loan Commitments; (e) each payment or prepayment of ~~interest on Revolving Loans or~~ any Class of Additional Tranche Term Loans shall be made for the account of the ~~Revolving Lenders or~~ Term Loan ~~Lenders~~Lenders holding such Class of Additional Tranche Term Loans, ~~as applicable~~pro rata in accordance with the respective unpaid principal amounts of such Class of Additional Tranche Term Loans held by them, (f) each payment of interest on Loans of a Class shall be made for the account of the Lenders of such Class pro rata in accordance with the amounts of interest on such ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ of such Class then due and payable to the respective ~~Lenders~~Lenders of such Class; (fg) the Conversion and Continuation of ~~Revolving Loans or Term~~ Loans of a particular Type and Class (other than Conversions provided for by Sections ~~5.1.(c~~4.1(c) and ~~5.5.~~4.5) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ of such Class according to the amounts of their respective ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ and the then current Interest Period for each Lender’s portion of each such Loan of such Type and Class shall be coterminous; (gh) each prepayment of principal of Bid Rate Loans pursuant to Section 2.9(b)(iii) shall be made for account of the Lenders then owed Bid Rate Loans pro rata in accordance with the respective unpaid principal amounts of the Bid Rate Loans then owing to each such Lender; (i) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5., shall be in accordance with their respective Revolving Commitment Percentages; and (hj) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.4., shall be in accordance with their respective Revolving Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section ~~2.5.(e~~2.5(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 1 contract

Samples: Credit Agreement (American Homes 4 Rent)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the ~~Revolving~~ Lenders under ~~Sections~~ Section 2.1.(a), ~~2.4.(e~~2.3.(e) and ~~2.5.(e~~2.4.(e) shall be made from the ~~Revolving~~ Lenders, each payment of the ~~fees~~ Fees under ~~Sections 3.5.(b),~~ Section 3.6.(a) and the first sentence of Section ~~3.5.(c), and 3.5.(d~~3.6.(b) shall be made for the account of the ~~Revolving~~ Lenders, and each termination or reduction of the amount of the ~~Revolving~~ Commitments under Section ~~2.13~~2.12. shall be applied to the respective ~~Revolving~~ Commitments of the ~~Revolving~~ Lenders, pro rata according to the amounts of their respective ~~Revolving~~ Commitments; (b) each payment or prepayment of principal of Revolving Loans by the Borrower shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided ~~that, subject to Section 3.9.,~~ that if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective ~~Revolving~~ Commitments in effect at the time such ~~Revolving~~ Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective ~~Revolving~~ Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d)~~ each payment ~~or prepayment~~ of ~~principal of Term~~ interest on Revolving Loans by the Borrower shall be made for the account of the ~~Term Loan~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; (fd) the making, Conversion and Continuation of Revolving ~~Loans or Term~~ Loans of a particular Type (other than Conversions provided for by ~~Sections 5.1.(c) and 5.5~~Section 4.6.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective ~~Revolving~~ Commitments (in the case of making of Loans) or their respective Loans ~~or Term~~ (in the case of Conversions and Continuations of Loans~~, as applicable,~~ ) and the then current Interest Period for each Lender’s portion of each ~~such~~ Loan of such Type shall be coterminous; (ge) the Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.4., shall be pro rata in accordance with their respective ~~Revolving Commitment Percentages~~Commitments; (f) the Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.3., shall be pro rata in accordance with their respective Commitments; and (g) each mandatory prepayment of principal of Bid Rate Loans by the Borrower pursuant to Section 2.8.(b) shall be made for account of the Lenders then owed Bid Rate Loans pro rata in accordance with the respective unpaid principal amounts of the Bid Rate Loans then owing to each such Lender. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired and funded a participating interest in any such Swingline Loan pursuant to Section ~~2.5.(e),~~ 2.3.(e) in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 1 contract

Samples: Credit Agreement (UDR, Inc.)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from the ~~Revolving~~ Lenders under ~~Sections 2.1.(a~~Section 2.1(a), ~~2.4.(e~~2.3(e) and ~~2.5.(e~~2.4(e) shall be made from the ~~Revolving~~ Lenders, each payment of the ~~fees~~ Fees under ~~Sections 3.5.(b~~Section 3.6(a), the first sentence of Section ~~3.5.(c),~~ 3.6(b) and ~~3.5.(d~~Section 3.6(c) shall be made for the account of the ~~Revolving~~ Lenders, and each termination or reduction of the amount of the ~~Revolving~~ Commitments under Section ~~2.13.~~ 2.12 shall be applied to the respective ~~Revolving~~ Commitments of the ~~Revolving~~ Lenders, pro rata according to the amounts of their respective ~~Revolving~~ Commitments; (b) each payment or prepayment of principal of Revolving Loans by the Borrower shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided ~~that, subject to Section 3.9.,~~ that if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective ~~Revolving~~ Commitments in effect at the time such ~~Revolving~~ Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective ~~Revolving~~ Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d)~~ each payment ~~or prepayment~~ of ~~principal of Term~~ interest on Revolving Loans by the Borrower shall be made for the account of the ~~Term Loan~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; (fd) the making, Conversion and Continuation of Revolving ~~Loans or Term~~ Loans of a particular Type (other than Conversions provided for by ~~Sections 5.1.(c) and 5.5.~~Section 4.6) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective Commitments (in the case of making of Revolving Loans) or their respective Revolving Loans ~~or Term~~ (in the case of Conversions and Continuations of Revolving Loans~~, as applicable,~~ ) and the then current Interest Period for each Lender’s 's portion of each ~~such~~ Revolving Loan of such Type shall be coterminous; (ge) the ~~Revolving~~ Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5., shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ ' participation in, and payment obligations in respect of, Letters of Credit under Section 2.4., shall be pro rata in accordance with their respective ~~Revolving Commitment Percentages~~Commitments; (f) the Lenders' participation in, and payment obligations in respect of, Swingline Loans under Section 2.3, shall be pro rata in accordance with their respective Commitments; and (g) each mandatory prepayment of principal of Bid Rate Loans by the Borrower pursuant to Section 2.8(b) shall be made for account of the Lenders then owed Bid Rate Loans pro rata in accordance with the respective unpaid principal amounts of the Bid Rate Loans then owing to each such Lender. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired and funded a participating interest in any such Swingline Loan pursuant to Section ~~2.5.(e~~2.3(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 1 contract

Samples: Revolving Credit Agreement (Piedmont Office Realty Trust, Inc.)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from ~~the Revolving~~ Lenders under Sections 2.1.(a), ~~2.4.(e~~2.2.(e) and ~~2.5.(e~~2.3.(e) shall be made from the ~~Revolving~~ Lenders, each payment of the fees under Sections 3.5.(a) and 3.5.(b), the first sentence of Section ~~3.5.(c~~3.5(c), and Section 3.5.(d) shall be made for the account of the ~~Revolving~~ Lenders, and each termination or reduction of the amount of the ~~Revolving~~ Commitments under Section ~~2.13~~2.11. shall be applied to the respective ~~Revolving~~ Commitments of the ~~Revolving~~ Lenders, pro rata according to the amounts of their respective ~~Revolving~~ Commitments; (b) each payment or prepayment of principal of Revolving Loans by the Borrower shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided ~~that, subject to Section 3.9.,~~ that if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective ~~Revolving~~ Commitments in effect at the time such ~~Revolving~~ Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such~~ their respective ~~Revolving~~ Commitments; (c) ~~the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of their respective Term Loan Commitments; (d)~~ each payment ~~or prepayment~~ of ~~principal of Term~~ interest on Revolving Loans by the Borrower shall be made for the account of the ~~Term Loan~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such Revolving Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; (fd) the making, Conversion and Continuation of ~~Revolving Loans or Term~~ Loans of a particular Type (other than Conversions provided for by ~~Sections 5.1.(c) and 5.5~~Section 4.6.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective Commitments (in the case of making of Loans) or their respective Revolving Loans ~~or Term~~ (in the case of Conversions and Continuations of Revolving Loans~~, as applicable,~~ ) and the then current Interest Period for each Lender’s portion of each ~~such~~ Loan of such Type shall be coterminous; (ge) the ~~Revolving~~ Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section ~~2.5~~2.2., shall be pro rata in accordance with their respective ~~Revolving~~ Commitment Percentages; and (hf) the ~~Revolving~~ Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section ~~2.4~~2.3., shall be pro rata in accordance with their respective ~~Revolving~~ Commitment Percentages. Any payment or prepayment of principal or interest made (i) during the existence of a Default or Event of Default shall be made for the account of the Lenders in accordance with the order set forth in Section 10.3. and (ii) pursuant to Section 2.7.(b) shall be made for the account of the Lenders holding Commitments (or, if the Commitments have been terminated, holding Revolving Loans and Letter of Credit Liabilities) in accordance with the order set forth in Section 10.3. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be for the account of the Swingline Lender only (except to the extent any Lender shall have acquired and funded a participating interest in any such Swingline Loan pursuant to Section ~~2.5.(e~~2.2.(e), in which case such payments shall be pro rata in accordance with such participating interests).

Appears in 1 contract

Samples: Revolving Credit Agreement (First Potomac Realty Trust)

Pro Rata Treatment. Except to the extent otherwise provided herein: (a) each borrowing from ~~the Revolving~~ Lenders under ~~Sections~~ Section 2.1.(a~~), 2.4.(e) and 2.5.(e~~) shall be made from the ~~Revolving Lenders,~~ Lenders and each payment of the fees under ~~Sections 3.5.(b), the first sentence of~~ Section ~~3.5.(c), and 3.5.(d~~3.5.(a) shall be made for the account of the ~~Revolving Lenders, and each termination or reduction of the amount of the Revolving Commitments under Section 2.13. shall be applied to the respective Revolving Commitments of the Revolving~~ Lenders, pro rata according to the amounts of their respective ~~Revolving~~ Term Loan Commitments; (b) each payment or prepayment of principal of ~~Revolving~~ Term Loans by the Borrower shall be made for the account of the ~~Revolving~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the ~~Revolving~~ Term Loans held by them, provided ~~that, subject to Section 3.9.,~~ that if immediately prior to giving effect to any such payment in respect of any ~~Revolving~~ Term Loans the outstanding principal amount of the ~~Revolving~~ Term Loans shall not be held by the ~~Revolving~~ Lenders pro rata in accordance with their respective ~~Revolving~~ Term Loan Commitments in effect at the time such ~~Revolving~~ Loans were made, then such payment shall be applied to the ~~Revolving~~ Term Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the ~~Revolving~~ Term Loans being held by the ~~Revolving~~ Lenders pro rata in accordance with ~~such respective Revolving Commitments; (c) the making of Term Loans under Section 2.2.(a) shall be made from the Term Loan Lenders pro rata according to the amounts of~~ their respective Term Loan Commitments; (dc) each payment ~~or prepayment~~ of ~~principal of~~ interest on Term Loans by the Borrower shall be made for the account of the ~~Term Loan~~ Lenders pro rata in accordance with the respective unpaid principal amounts of the Term Loans held by them; (e) each payment of interest on Revolving Loans or Term Loans shall be made for the account of the Revolving Lenders or Term Loan Lenders, as applicable, pro rata in accordance with the amounts of interest on such ~~Revolving~~ Term Loans ~~or Term Loans, as applicable,~~ then due and payable to the respective Lenders; and (fd) the making, Conversion and Continuation of ~~Revolving Loans or Term~~ Loans of a particular Type (other than Conversions provided for by ~~Sections 5.1.(c) and 5.5~~Section 5.1.) shall be made pro rata among the ~~Revolving~~ Lenders ~~or Term Loan Lenders, as applicable,~~ according to the amounts of their respective ~~Revolving~~ Loans ~~or Term Loans, as applicable,~~ and the then current Interest Period for each Lender’s portion of each ~~such~~ Loan of such Type shall be coterminous~~; (g)~~ . Any payment or prepayment of principal or interest made during the ~~Revolving Lenders’ participation in, and payment obligations in respect of, Swingline Loans under Section 2.5.,~~ existence of a Default or Event of Default shall be in accordance with their respective Revolving Commitment Percentages; and (h) the Revolving Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.4., shall be in accordance with their respective Revolving Commitment Percentages. All payments of principal, interest, fees and other amounts in respect of the Swingline Loans shall be made for the account of the Swingline Lender only (except to the extent any Lender shall have acquired a participating interest in any such Swingline Loan pursuant to Section 2.5.(e), in which case such payments shall be pro rata Lenders in accordance with ~~such participating interests)~~the order set forth in Section 11.4.

Appears in 1 contract

Samples: Term Loan Agreement (CBL & Associates Properties Inc)

Common use of Pro Rata Treatment Clause in Contracts