Common use of Pro Rata Treatment Clause in Contracts

Pro Rata Treatment. Except to the extent otherwise provided in this Agreement: (a) the making and conversion of Loans shall be made among the Lenders based on their respective Pro Rata Shares as to the Loans and (b) each payment on account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day shall be allocated among the Lenders entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordingly.

Appears in 63 contracts

Samples: Loan and Security Agreement (SpartanNash Co), Loan and Security Agreement (Travelcenters of America LLC), Loan and Security Agreement (SpartanNash Co)

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Pro Rata Treatment. Except to the extent otherwise provided in this AgreementAgreement or as otherwise agreed by Lenders: (a) the making and conversion of Loans shall be made among the Lenders based on their respective Pro Rata Shares as to the Loans and (b) each payment on account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day shall be allocated among the Lenders entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordingly.

Appears in 19 contracts

Samples: Loan and Security Agreement (Hancock Fabrics Inc), Loan and Security Agreement (Global Brass & Copper Holdings, Inc.), Loan and Security Agreement (Pacific Ethanol, Inc.)

Pro Rata Treatment. Except to the extent otherwise provided in this Agreement: (a) the making and conversion of Revolving Loans shall be made among the Lenders based on their respective Pro Rata Shares as to the Revolving Loans and (b) each payment on account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day shall be allocated among the Lenders entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordingly.

Appears in 6 contracts

Samples: Loan and Security Agreement (J Crew Group Inc), Loan and Security Agreement (Charming Shoppes Inc), Loan and Security Agreement (J Crew Group Inc)

Pro Rata Treatment. Except to the extent otherwise provided in this AgreementAgreement or as otherwise agreed by the applicable Lenders: (a) the making and conversion of Loans shall be made among the Lenders based on their respective Pro Rata Shares as to the Loans and (b) each payment on account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day shall be allocated among the Lenders entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordingly.

Appears in 6 contracts

Samples: Loan and Security Agreement (Latrobe Specialty Metals, Inc.), Loan and Security Agreement (Nu Horizons Electronics Corp), Loan and Security Agreement (Santana Products Inc.)

Pro Rata Treatment. Except to the extent otherwise as expressly provided in this Agreement: Agreement with respect to Competitive Bid Loans, in Section 9.01(a) or otherwise, (a) each borrowing from, and change in the making and conversion of Loans Commitments of, the Lenders shall be made among the Lenders based on pro rata according to their respective Pro Rata Shares as to the Loans Commitments, and (b) each payment and prepayment on account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day Loans shall be allocated among made to all the Lenders entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordinglyLenders, pro rata in accordance with the unpaid principal amount of the Loans held by each of them.

Appears in 5 contracts

Samples: Credit Agreement (Lockheed Martin Corp), Revolving Credit Agreement (Lockheed Martin Corp), Credit Agreement (Lockheed Martin Corp)

Pro Rata Treatment. Except to the extent otherwise provided in this AgreementAgreement or as otherwise agreed by Lenders: (a) the making and conversion of Revolving Loans shall be made among the Lenders based on their respective Pro Rata Shares as to the Revolving Loans and (b) each payment on account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day shall be allocated among the Lenders entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordingly.

Appears in 5 contracts

Samples: Loan and Security Agreement (HyperSpace Communications, Inc.), Agreement and Plan of Merger (HyperSpace Communications, Inc.), Loan and Security Agreement (Vs Holdings, Inc.)

Pro Rata Treatment. Except to the extent otherwise provided in this Agreementherein: (a) the making and conversion of Loans shall be made among by the Lenders based on pro rata according to the amounts of their respective Pro Rata Shares as to the Loans and Commitments, (b) each payment on account of any Obligations to or principal of the Loans shall be made for the account of one or more the Lenders pro rata in accordance with the respective unpaid principal amounts of Lenders in respect the Loans then held by them and (c) each payment of any Obligations due interest on a particular day the Loans shall be allocated among made for the account of the Lenders entitled pro rata in accordance with the respective amounts of interest on the Loans then due and payable to such payments based on their respective Pro Rata Shares and shall be distributed accordinglythem.

Appears in 4 contracts

Samples: Credit Agreement (BPZ Resources, Inc.), Credit Agreement (Votorantim Pulp & Paper Inc), Credit Agreement (Votorantim Pulp & Paper Inc)

Pro Rata Treatment. Except to the extent otherwise provided in this Agreement: , (a) the making and conversion of Revolving Loans shall be made among the by Revolving Lenders based on their respective Pro Rata Shares as to the Revolving Loans and (b) each payment on account of any Obligations to or for the account of one or more of Lenders or their respective Affiliates in respect of any Obligations due on a particular day shall be allocated among the Lenders and their respective Affiliates, as applicable, entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordinglyaccordingly by Agent.

Appears in 4 contracts

Samples: Credit Agreement (Imax Corp), Credit Agreement (Imax Corp), Credit Agreement (Imax Corp)

Pro Rata Treatment. Except to the extent otherwise provided in this Agreement: (a) the making and conversion of Loans shall be made among the Lenders based on their respective Pro Rata Shares as to the applicable type of Loans and (b) each payment on account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day shall be allocated among the Lenders entitled to such payments based on their respective Pro Rata Shares applicable thereto and shall be distributed accordingly.

Appears in 4 contracts

Samples: Loan and Security Agreement (Haynes International Inc), Loan and Security Agreement (Haynes International Inc), Loan and Security Agreement (Haynes International Inc)

Pro Rata Treatment. Except to the extent otherwise provided in this Agreement: Agreement or as otherwise agreed by Lenders: (a) the making and conversion of Loans shall be made among the Lenders based on their respective Pro Rata Shares as to the Loans and (b) each payment on account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day shall be allocated among the Lenders entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordingly.

Appears in 4 contracts

Samples: Loan and Security Agreement (Proliance International, Inc.), Loan and Security Agreement (Sed International Holdings Inc), Loan and Security Agreement (Commerce Energy Group Inc)

Pro Rata Treatment. Except to the extent otherwise as expressly provided in this Agreement: Agreement with respect to Competitive Bid Loans or otherwise, (a) each borrowing from, and change in the making and conversion of Loans Commitments of, the Banks shall be made among the Lenders based on pro rata according to their respective Pro Rata Shares as to the Loans Commitments, and (b) each payment and prepayment on account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day Loans shall be allocated among made to all the Lenders entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordinglyBanks, pro rata in accordance with the unpaid principal amount of the Loans held by each of them.

Appears in 4 contracts

Samples: Credit Agreement (Lockheed Martin Corp), Credit Agreement (Lockheed Martin Corp), Credit Agreement (Martin Marietta Materials Inc)

Pro Rata Treatment. Except to the extent otherwise provided in this AgreementAgreement or as otherwise agreed by Lenders: (a) the making and conversion of Revolving Loans shall be made among the Revolving Lenders based on their respective Pro Rata Shares as to the Revolving Loans and (b) each payment on account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day shall be allocated among the Lenders entitled to such payments based on their respective Pro Rata Shares of such Loans, as applicable, and shall be distributed accordingly.

Appears in 3 contracts

Samples: Loan and Security Agreement (Franchise Group, Inc.), Loan and Security Agreement (Franchise Group, Inc.), Loan and Security Agreement (Vitamin Shoppe, Inc.)

Pro Rata Treatment. Except to the extent otherwise as expressly provided in this Agreement: Agreement with respect to Competitive Bid Loans or otherwise, (a) each borrowing from, and change in the making and conversion of Loans Commitments of, the Lenders shall be made among the Lenders based on pro rata according to their respective Pro Rata Shares as to the Loans Commitments, and (b) each payment and prepayment on account any Group of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day Loans shall be allocated among made to all applicable Lenders, pro rata in accordance with the Lenders entitled to unpaid principal amount of such payments based on their respective Pro Rata Shares and shall be distributed accordinglyLoans held by each of them.

Appears in 3 contracts

Samples: Credit Agreement (Martin Marietta Materials Inc), Credit Agreement (Martin Marietta Materials Inc), Credit Agreement (Martin Marietta Materials Inc)

Pro Rata Treatment. Except to the extent as otherwise provided in this Agreement: , each Borrowing hereunder, each payment (aincluding each prepayment) by Borrower on account of the making principal of and conversion of Loans shall be made among the Lenders based interest on their respective Pro Rata Shares as to the Loans and (b) each payment on account of any Obligations to upfront fee or for the account commitment fee, and each conversion or continuation of one or more of Lenders in respect of any Obligations due on a particular day Loans, shall be allocated among made ratably in accordance with the Lenders entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordinglyCommitments.

Appears in 3 contracts

Samples: Credit Agreement (Unified Western Grocers Inc), Credit Agreement (Certified Grocers of California LTD), Credit Agreement (Unified Western Grocers Inc)

Pro Rata Treatment. Except to the extent otherwise provided in this AgreementAgreement or as otherwise agreed by the applicable Lenders and Administrative Borrower: (a) the making and conversion of Loans shall be made among the Lenders based on their respective Pro Rata Shares as to the Loans and (b) each payment on account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day shall be allocated among the Lenders entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordingly.

Appears in 3 contracts

Samples: Loan and Security Agreement (Nci Building Systems Inc), Loan and Security Agreement (Nci Building Systems Inc), Loan and Security Agreement (Nci Building Systems Inc)

Pro Rata Treatment. Except to the extent otherwise as expressly provided in this Agreement: , (a) each borrowing from, and change in the making and conversion of Loans Commitments of, the Lenders shall be made among the Lenders based on pro rata according to their respective Pro Rata Shares as to the Loans Commitments, and (b) each payment and prepayment on account any Group of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day Loans shall be allocated among made to all applicable Lenders, pro rata in accordance with the Lenders entitled to unpaid principal amount of such payments based on their respective Pro Rata Shares and shall be distributed accordinglyLoans held by each of them.

Appears in 3 contracts

Samples: Loan Modification and Extension Agreement (Martin Marietta Materials Inc), Loan Modification and Extension Agreement (Martin Marietta Materials Inc), Credit Agreement (Martin Marietta Materials Inc)

Pro Rata Treatment. Except to the extent as otherwise provided in this Agreement: , each borrowing hereunder and each payment (aincluding each prepayment) by the making Company on account of the principal of and conversion interest on the Loans and on account of Loans any fees shall be made among ratably in accordance with the Lenders based on their respective Pro Rata Shares as to of the Loans and (b) each payment on account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day shall be allocated among the Lenders entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordinglyLenders.

Appears in 3 contracts

Samples: Loan Agreement (Marrone Bio Innovations Inc), Loan Agreement (Marrone Bio Innovations Inc), Loan Agreement (Marrone Bio Innovations Inc)

Pro Rata Treatment. Except to the extent otherwise provided in this Agreement: (a) the making and conversion of Loans shall be made among the Lenders based on their respective Pro Rata Shares as to the Loans and (b) each payment on account of any Obligations to or for the account of one or more of the Lenders in respect of any Obligations due on a particular day shall be allocated among the Lenders entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordingly.

Appears in 2 contracts

Samples: Loan and Security Agreement (Perry Ellis International Inc), Loan and Security Agreement (Perry Ellis International Inc)

Pro Rata Treatment. Except to the extent otherwise provided in this Agreement: (a) the making and conversion of Revolving Loans shall be made among the Lenders based on their respective Pro Rata Shares as to the Loans and Shares, (b) each payment on account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day shall be allocated among the Lenders entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordingly.

Appears in 2 contracts

Samples: Loan and Security Agreement (Bell Microproducts Inc), Loan and Security Agreement (Bell Microproducts Inc)

Pro Rata Treatment. Except to the extent otherwise provided in this AgreementAgreement or as otherwise agreed by Lenders: (a) the making and conversion of Loans shall be made among the Lenders based on their respective Pro Rata Shares as to the Loans and (b) each payment on account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day shall be allocated among the Lenders (other than Defaulting Lenders) entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordingly.

Appears in 2 contracts

Samples: Loan and Security Agreement (Louisiana-Pacific Corp), Loan and Security Agreement (Louisiana-Pacific Corp)

Pro Rata Treatment. Except to the extent otherwise provided in this AgreementAgreement or as otherwise agreed by Lenders: (a) the making and conversion of Loans shall be made among the Lenders based on their respective Pro Rata Shares as to the Loans and (b) each payment on account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day shall be allocated among the Lenders entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordinglyaccordingly except as otherwise agreed.

Appears in 2 contracts

Samples: Loan and Security Agreement (Merix Corp), Loan and Security Agreement (Merix Corp)

Pro Rata Treatment. Except to the extent otherwise as expressly provided in this Agreement: Agreement with respect to Money Market Loans or otherwise, (a) each borrowing from, and change in the making and conversion of Loans Commitments of, the Banks shall be made among the Lenders based on pro rata according to their respective Pro Rata Shares as to the Loans Commitments, and (b) each payment and prepayment on account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day Loans shall be allocated among made to all the Lenders entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordinglyBanks, pro rata in accordance with the unpaid principal amount of the Loans held by each of them.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Martin Marietta Materials Inc), Revolving Credit Agreement (Martin Marietta Materials Inc)

Pro Rata Treatment. Except to the extent otherwise provided in this Agreement: (a) the making and conversion of Loans shall be made among the Lenders based on their respective Pro Rata Rate Shares as to the Loans and (b) each payment on account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day shall be allocated among the Lenders entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordingly.

Appears in 2 contracts

Samples: Loan and Security Agreement (Huffy Corp), Loan and Security Agreement (Huffy Corp)

Pro Rata Treatment. Except to the extent otherwise provided in this Agreement: Agreement (including Section 6.10(f) hereof): (a) the making and conversion of Loans shall be made among the Lenders based on their respective Pro Rata Shares as to the Loans and (b) each payment on account of any Obligations to or for the account of one or more of Lenders Agent Parties in respect of any Obligations due on a particular day shall be allocated among the Lenders Agent Parties entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordingly.

Appears in 2 contracts

Samples: Loan and Security Agreement (Delco Remy International Inc), Loan and Security Agreement (Delco Remy International Inc)

Pro Rata Treatment. Except to the extent otherwise provided in this Agreement or any other Financing Agreement: (a) the making and conversion of Loans shall be made among the Lenders based on their respective Pro Rata Shares as to the Loans and (b) each payment on account of any Obligations (including, without limitation, each payment on account of any fees) to or for the account of one or more of Lenders in respect of any Obligations due on a particular day shall be allocated among the Lenders entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordingly.

Appears in 2 contracts

Samples: Loan and Security Agreement (Mackie Designs Inc), Loan and Security Agreement (Catalina Lighting Inc)

Pro Rata Treatment. Except to the extent otherwise as expressly provided in this Agreement: Agreement with respect to Competitive Bid Loans or otherwise, (a) each borrowing from, and change in the making and conversion of Loans Commitments of, the Lenders shall be made among the Lenders based on pro rata according to their respective Pro Rata Shares as to the Loans Commitments, and (b) each payment and prepayment on account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day Loans shall be allocated among made to all the Lenders entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordinglyLenders, pro rata in accordance with the unpaid principal amount of the Loans held by each of them.

Appears in 2 contracts

Samples: Credit Agreement (Martin Marietta Materials Inc), Credit Agreement (Martin Marietta Materials Inc)

Pro Rata Treatment. Except to the extent otherwise provided in this AgreementAgreement or as otherwise agreed by Lenders: (a) the making and conversion of Revolving Loans shall be made among the Revolving Lenders based on their respective Pro Rata Shares as to the Revolving Loans, (b) the making and conversion of Term Loans shall be made among Term Lenders based on their respective Pro Rata Shares as to the Terms Loans and (bc) each payment on account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day shall be allocated among the Lenders entitled to such payments based on their respective Pro Rata Shares of such Loans, as applicable, and shall be distributed accordingly.

Appears in 2 contracts

Samples: Loan and Security Agreement (Vitamin Shoppe, Inc.), Loan and Security Agreement (Vitamin Shoppe, Inc.)

Pro Rata Treatment. Except to the extent otherwise provided in this ------------------ Agreement: : (a) the making and conversion of Loans shall be made among the Lenders based on their respective Pro Rata Shares as to the Loans and (b) each payment on account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day shall be allocated among the Lenders entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordingly.

Appears in 1 contract

Samples: Loan and Security Agreement (Charming Shoppes Inc)

Pro Rata Treatment. Except to (i) The advance of the extent otherwise provided in this Agreement: (a) the making Loan from Lenders under Section 2.1 and conversion of Loans each advance under Section 9.2((b), shall be made among the by Lenders based on their respective Pro Rata Shares as to the Loans and Share; (bii) each payment on or prepayment of principal of the Loan by Borrowers shall be made for account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day shall be allocated among the Lenders entitled to such payments based on their respective Pro Rata Shares Share; and (iii) each payment of interest on the Loan by Borrowers shall be distributed accordinglymade for account of Lenders pro rata in accordance with the amounts of interest on such Loan then due and payable to the respective Lenders.

Appears in 1 contract

Samples: Loan Agreement (Healthcare Trust, Inc.)

Pro Rata Treatment. Except to the extent otherwise provided in this AgreementAgreement or as otherwise agreed by the applicable Lenders: (a) the making and conversion of Revolving Loans shall be made among the Lenders based on their respective Pro Rata Shares as to the Revolving Loans and (b) each payment on account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day shall be allocated among the Lenders entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordingly...

Appears in 1 contract

Samples: Loan and Security Agreement (Adc Telecommunications Inc)

Pro Rata Treatment. Except to the extent otherwise provided in this Agreement: (a) the making and conversion of Loans shall be made among the Lenders based on their respective Pro Rata Shares as to the applicable Loans and (b) each payment on account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day shall be allocated among the Lenders entitled to such payments based on their respective Pro Rata Shares of such Obligations and shall be distributed accordingly.

Appears in 1 contract

Samples: Loan and Security Agreement (Gsi Group Inc)

Pro Rata Treatment. Except to the extent otherwise provided in this AgreementAgreement or as otherwise agreed by all of the Lenders: (a) the making and conversion of Loans shall be made among the Lenders based on their respective Pro Rata Shares as to the Loans and (b) each payment on account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day shall be allocated among the Lenders entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordingly.

Appears in 1 contract

Samples: Loan and Security Agreement (CPG International Inc.)

Pro Rata Treatment. Except to the extent otherwise provided in this Agreement: (a) the making and conversion of Loans shall be made among the Lenders based on their respective Pro Rata Shares as to the Loans Loans, and (b) each payment on account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day shall be allocated among the Lenders entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordingly.

Appears in 1 contract

Samples: Loan Agreement (Merisel Inc /De/)

Pro Rata Treatment. Except to the extent otherwise provided in this Agreement: (a) the making and conversion of Loans shall be made among the Lenders by each Lender based on their respective its Pro Rata Shares as to the Loans Share; and (b) each payment on account of any Obligations to or for the account of one or more of the Lenders in respect of any Obligations due on a particular day shall be allocated among the Lenders entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordingly.

Appears in 1 contract

Samples: Loan and Security Agreement (BBX Capital Corp)

Pro Rata Treatment. Except to the extent otherwise provided in this Agreement: , (a) the making and conversion of Loans shall be made among the by Lenders based on their respective Pro Rata Shares as to the Loans and (b) each payment on account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day shall be allocated among the Lenders entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordingly.

Appears in 1 contract

Samples: Credit Agreement (Imax Corp)

Pro Rata Treatment. Except Subject to the extent otherwise provided in provisions of this Agreement: , each payment (aincluding each prepayment) by Borrower and collections by Banks (including offsets) on account of the making principal of and conversion of Loans interest on the Notes and fees payable by Borrower shall be made among the Lenders based on their respective Pro Rata Shares as pro rata to Banks according to the Loans and (b) then ownership interest of each payment on account Bank in the Revolving Loan outstanding at the date of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day shall be allocated among the Lenders entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordinglydetermination thereof.

Appears in 1 contract

Samples: Senior Secured Loan Agreement (Southwest Royalties Holdings Inc)

Pro Rata Treatment. Except to as otherwise expressly permitted under Section 2.10(a)(iii): (i) each payment by Borrower of interest in respect of the extent otherwise provided in this Agreement: (a) the making and conversion of Loans shall be made among applied to the amounts of such obligations owing to the Lenders based on their respective Pro Rata Shares as pro rata according to the Loans respective amounts then due and owing to the Lenders; and (bii) each payment by Borrower on account of any Obligations to or for principal of the account of one or more of Lenders in respect of any Obligations due on a particular day Borrowings shall be allocated among made pro rata according to the Lenders entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordinglyoutstanding principal amounts of the Loans then held by the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Hercules Offshore, Inc.)

Pro Rata Treatment. Except to the extent otherwise provided in this AgreementAgreement or as otherwise agreed by Lenders: (a) the making and conversion of Loans shall be made among the Lenders based on their respective Pro Rata Shares as to the Loans and (b) each payment on account of any Obligations to or for the account of one or more of the Lenders in respect of any Obligations due on a particular day shall be allocated among the Lenders entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordingly.

Appears in 1 contract

Samples: Loan and Security Agreement (Spirit Realty Capital, Inc.)

Pro Rata Treatment. Except to the extent otherwise as expressly provided in this Agreement: Agreement with respect to Money Market Loans or otherwise, (a) each borrowing from, and change in the making and conversion of Loans Commitments of, the Banks shall be made among the Lenders based on pro rata according to their respective Pro Rata Shares as to the Loans Commitments, and (b) each payment and prepay ment on account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day Loans shall be allocated among made to all the Lenders entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordinglyBanks, pro rata in accordance with the unpaid principal amount of the Loans held by each of them.

Appears in 1 contract

Samples: Revolving Credit Agreement (Martin Marietta Materials Inc)

Pro Rata Treatment. Except to the extent otherwise provided in this Agreement: (a) the making and conversion of Loans shall be made among the Lenders based on their respective Pro Rata Shares as to the Loans and (b) each payment on account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day shall be allocated among the Lenders entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordingly.

Appears in 1 contract

Samples: Loan and Security Agreement (Lexington Precision Corp)

Pro Rata Treatment. Except to the extent otherwise as expressly provided in this Agreement: Agreement with respect to Competitive Bid Loans or otherwise, (a) each borrowing from, and change in the making and conversion of Loans Commitments of, the Lenders shall be made among the Lenders based on pro rata according to their respective Pro Rata Shares as to Commitments of the Loans applicable Class, and (b) each payment and prepayment on account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day Loans shall be allocated among made to all the Lenders entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordinglyLenders, pro rata in accordance with the unpaid principal amount of the Loans of the applicable Class held by each of them.

Appears in 1 contract

Samples: Credit Agreement (Martin Marietta Materials Inc)

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Pro Rata Treatment. Except to (i) The advance of the extent otherwise provided in this Agreement: (a) the making Loan from Lenders under Section 2.1 and conversion of Loans each advance under Section 9.2((b), shall be made among the by Lenders based on their respective Pro Rata Shares as to the Loans and Share; (bii) each payment on or prepayment of principal of the Loan by Borrowers shall be made for account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day shall be allocated among the Lenders entitled to such payments based on their respective Pro Rata Shares Share; and (iii) each payment of interest on the Loan by Borrowers shall be distributed accordinglymade for account of Lenders pro rata in accordance with the amounts of interest on such Loans then due and payable to the respective Lenders.

Appears in 1 contract

Samples: Loan Agreement (Healthcare Trust, Inc.)

Pro Rata Treatment. Except to the extent otherwise provided in this AgreementAgreement or as otherwise agreed by the applicable Lenders: (a) the making and conversion of Loans the Term Loan shall be made among the Lenders based on their respective Pro Rata Shares as to of the Loans Term Loan and (b) each payment on account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day shall be allocated among the Lenders entitled to such payments based on their respective Pro Rata Shares of the outstanding principal amount of the Term Loan and shall be distributed accordingly.

Appears in 1 contract

Samples: Loan and Security Agreement (Latrobe Specialty Metals, Inc.)

Pro Rata Treatment. Except to the extent otherwise provided in this Agreement: (a) the making and conversion of Loans shall be made among the Lenders based on their respective Pro Rata Shares as to the Loans Loans; and (b) each payment on account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day shall be allocated among the Lenders entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordingly.

Appears in 1 contract

Samples: Loan and Security Agreement (Franks Nursery & Crafts Inc)

Pro Rata Treatment. Except ExceptSubject to Section 6.9(b) below, except to the extent otherwise provided in this AgreementAgreement or as otherwise agreed by Lenders: (aai) the making and conversion of Loans Term Loan shall be made among the Lenders based on their respective Pro Rata Shares as to the Loans Term Loan and (bbii) each payment on account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day shall be allocated among the Lenders entitled to such payments based on their respective Pro Rata Shares of the Term Loan, as applicable, and shall be distributed accordingly.

Appears in 1 contract

Samples: Loan and Security Agreement (Franchise Group, Inc.)

Pro Rata Treatment. Except to the extent otherwise provided in this Agreement: , (a) the making and conversion of Loans shall be made among the by Lenders based on their respective Pro Rata Shares as to the Loans and (b) each payment on account of any Obligations to or for the account of one or more of Lenders or their respective Affiliates in respect of any Obligations due on a particular day shall be allocated among the Lenders and their respective Affiliates, as applicable, entitled to such payments based on their respective Pro Rata Shares or Obligations, as the case may be, and shall be distributed accordingly.

Appears in 1 contract

Samples: Credit Agreement (Imax Corp)

Pro Rata Treatment. Except to the extent otherwise provided in this Agreement: Agreement (including Section 6.10(f) hereof): (a) the making and conversion of Loans shall be made among the Lenders based on their respective Pro Rata Shares as to the Loans and (b) each payment on account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day shall be allocated among the Lenders entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordingly.

Appears in 1 contract

Samples: Loan and Security Agreement (Delco Remy International Inc)

Pro Rata Treatment. Except to the extent otherwise provided in this AgreementAgreement or as otherwise agreed by Lenders: (a) the making and conversion of Loans Term Loan shall be made among the Lenders based on their respective Pro Rata Shares as to the Loans Term Loan and (b) each payment on account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day shall be allocated among the Lenders entitled to such payments based on their respective Pro Rata Shares of the Term Loan, as applicable, and shall be distributed accordingly.

Appears in 1 contract

Samples: Loan and Security Agreement (Franchise Group, Inc.)

Pro Rata Treatment. Except to (i) The advance of the extent otherwise provided in this Agreement: (a) the making Loan from Lenders under Section 2.1 and conversion of Loans each advance under Section 9.2((b), shall be made among the by Lenders based on their respective Pro Rata Shares as to the Loans and Share; (bii) each payment on or prepayment of principal of the Loan by Borrowers shall be made for account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day shall be allocated among the Lenders entitled to such payments based on their respective Pro Rata Shares Share; and (iii) each payment of interest on the Loan by Borrowers shall be distributed accordingly.made for account of Lenders pro rata in accordance with the amounts of interest on such Loans then due and payable to the respective Lenders. LOAN AGREEMENT – PAGE 38

Appears in 1 contract

Samples: Loan Agreement (Healthcare Trust, Inc.)

Pro Rata Treatment. Except to the extent otherwise provided in this Agreement: herein (a) each payment of letter of credit fees (except for those which are for the making and conversion sole account of Loans any Letter of Credit Issuer) shall be made among the Lenders based on their respective Pro Rata Shares as allocated to the Loans and Lenders, pro rata according to the respective Lenders’ Aggregate Accommodations; (b) each payment on account or prepayment of any Obligations to principal or for the account of one or more of Lenders interest in respect of any Obligations due on a particular day Loans by the Borrower shall be allocated among made for account of the Lenders entitled to such payments based on their pro rata in accordance with the respective Pro Rata Shares and shall be distributed accordingly.Lenders’ Aggregate Accommodations;

Appears in 1 contract

Samples: Uncommitted Revolving Credit Agreement (Tesoro Corp /New/)

Pro Rata Treatment. Except to the extent otherwise provided in this AgreementAgreement or as otherwise agreed by Lenders: (a) the making and conversion of Loans Loan shall be made among the Lenders based on their respective Pro Rata Shares as to the Loans Loan and (b) each payment on account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day shall be allocated among the Lenders entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordingly.

Appears in 1 contract

Samples: Loan and Security Agreement (Hancock Fabrics Inc)

Pro Rata Treatment. Except to the extent otherwise provided in this Agreement: (a) the making and conversion of Loans shall be made among the Lenders based on their respective Pro Rata Shares as to the applicable Loans and (b) each payment on account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day shall be allocated among the Lenders entitled to such payments based on their respective Pro Rata Shares of such Obligations and shall be distributed accordingly.. 59

Appears in 1 contract

Samples: Loan and Security Agreement (Gsi Group Inc)

Pro Rata Treatment. Except to the extent otherwise provided in this Agreement: (a) the making and conversion of Loans shall be made among the Lenders based on their respective Pro Rata Shares as to the Loans and (b) and each payment on account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day shall be allocated among the Lenders entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordingly.

Appears in 1 contract

Samples: Term Loan and Security Agreement (Trailer Bridge Inc)

Pro Rata Treatment. Except to the extent otherwise provided in this Agreement: (a) the making and conversion of Loans any portion of the Loan shall be made among the Lenders based on their respective Pro Rata Shares as to the Loans Loan and (b) each payment on account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day shall be allocated among the Lenders entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordingly.

Appears in 1 contract

Samples: Loan and Security Agreement (International Wire Group Inc)

Pro Rata Treatment. Except to the extent otherwise provided in this Agreement: (a) the making and conversion of Loans shall be made among the Lenders based on their respective Pro Rata Shares as to the Loans Loans; and (b) each payment on account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular 50 day shall be allocated among the Lenders entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordingly.

Appears in 1 contract

Samples: Loan and Security Agreement (MTS Inc)

Pro Rata Treatment. Except to the extent otherwise provided in this AgreementAgreement or as otherwise agreed by the Lenders: (a) the making and conversion of Loans shall be made among the Lenders based on their respective Pro Rata Shares as to the Loans and (b) each payment on account of any Obligations to or for the account of one or more of the Lenders in respect of any Obligations due on a particular day shall be allocated among the Lenders entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordingly.

Appears in 1 contract

Samples: Abl Loan and Security Agreement (U.S. Silica Holdings, Inc.)

Pro Rata Treatment. Except to the extent otherwise as expressly provided in this Agreement: , (a) each borrowing from, and change in the making and conversion of Loans Commitments of, the Lenders shall be made among the Lenders based on pro rata according to their respective Pro Rata Shares as to the Loans Commitments, and (b) each payment and prepayment on account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day Loans shall be allocated among made to all the Lenders entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordinglyLenders, pro rata in accordance with the unpaid principal amount of the Loans held by each of them.

Appears in 1 contract

Samples: Term Loan Agreement (Martin Marietta Materials Inc)

Pro Rata Treatment. Except to the extent otherwise provided in this Agreement: , (a) the making and conversion of Loans shall be made among the by Lenders based on their respective Pro Rata Shares as to the Loans and (b) each payment on account of any Obligations to or for the account of one or more of Lenders or their respective Affiliates in respect of any Obligations due on a particular day shall be allocated among the Lenders and their respective Affiliates, as applicable, entitled to such payments based on their respective Pro Rata Shares or Obligations, as the case may be, and shall be distributed accordinglyaccordingly by Agent.

Appears in 1 contract

Samples: Credit Agreement (Imax Corp)

Pro Rata Treatment. Except to the extent otherwise provided in this Agreement: herein (a) each payment of letter of credit fees (except for those which are for the making and conversion sole account of Loans any Letter of Credit Issuer) shall be made among the Lenders based on their respective Pro Rata Shares as allocated to the Loans and Lenders, pro rata according to the respective Lenders' Aggregate Accommodations; (b) each payment on account or prepayment of any Obligations to principal or for the account of one or more of Lenders interest in respect of any Obligations due on a particular day Loans by the Borrower shall be allocated among made for account of the Lenders entitled to such payments based on their pro rata in accordance with the respective Pro Rata Shares and shall be distributed accordingly.Lenders' Aggregate Accommodations;

Appears in 1 contract

Samples: Uncommitted Revolving Credit Agreement (Tesoro Corp /New/)

Pro Rata Treatment. Except to the extent otherwise provided in this Agreement: Agreement or as otherwise agreed by Lenders: (a) the making and conversion of Loans shall be made among the Lenders based on their respective Pro Rata Shares as to the Loans and (b) each payment on account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day shall be allocated among the Lenders entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordingly.

Appears in 1 contract

Samples: Loan and Security Agreement (Fedders Corp /De)

Pro Rata Treatment. Except to the extent otherwise provided in this Agreement: (a) the making and conversion of Revolving Loans shall be made among the Revolving Loan Lenders based on their respective Pro Rata Rate Shares as to the Loans thereof; and (b) each payment on account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day shall be allocated among the Lenders entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordingly.

Appears in 1 contract

Samples: Loan and Security Agreement (BlueLinx Holdings Inc.)

Pro Rata Treatment. Except to the extent otherwise provided in this Agreement: (a) the making and conversion of Loans the Loan shall be made among the Lenders based on their respective Pro Rata Shares as to the Loans and (b) each payment on account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day shall be allocated among the Lenders entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordingly.

Appears in 1 contract

Samples: Loan and Security Agreement (Lexington Precision Corp)

Pro Rata Treatment. Except to the extent otherwise provided in this Agreement: Agreement (including Section 6.10(f) hereof): (a) the making and conversion of Term Loans or Revolving Loans shall be made among the applicable Lenders based on their respective Pro Rata Shares as to the such Loans and (b) each payment on account of any Obligations to or for the account of one or more of Lenders Agent Parties in respect of any Obligations due on a particular day shall be allocated among the Lenders Agent Parties entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordingly.

Appears in 1 contract

Samples: Loan and Security Agreement (Remy International, Inc.)

Pro Rata Treatment. Except to the extent otherwise provided in this AgreementAgreement or as otherwise agreed by Lenders: (a) the making and conversion of Loans the Loan shall be made among the Lenders based on their respective Pro Rata Shares as to the Loans Loan and (b) each payment on account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day shall be allocated among the Lenders entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordingly.

Appears in 1 contract

Samples: Loan and Security Agreement (Medirect Latino Inc)

Pro Rata Treatment. Except to the extent otherwise as expressly provided in this Agreement: Agreement with respect to Competitive Bid Loans, in ‎Section 9.01(a) or otherwise, (a) each borrowing from, and change in the making and conversion of Loans Commitments of, the Lenders shall be made among the Lenders based on pro rata according to their respective Pro Rata Shares as to the Loans Commitments, and (b) each payment and prepayment on account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day Loans shall be allocated among made to all the Lenders entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordinglyLenders, pro rata in accordance with the unpaid principal amount of the Loans held by each of them.

Appears in 1 contract

Samples: Credit Agreement (Lockheed Martin Corp)

Pro Rata Treatment. Except to the extent otherwise provided in this Agreement: herein, (a) the making and conversion of Loans shall be made among by the Lenders based on Purchasers pro rata in accordance with their respective Pro Rata Shares as to the Loans and Commitments, (b) each reduction in the Commitments shall be made pro rata in accordance with the respective amounts thereof, and (c) each payment on account of any Obligations to the principal of, or interest on, the Notes shall be made for the account of one or more of Lenders the Purchasers pro rata in respect of any Obligations due on a particular day shall be allocated among the Lenders entitled to such payments based on accordance with their respective Pro Rata Shares amounts thereof then due and shall be distributed accordinglypayable.

Appears in 1 contract

Samples: Senior Secured Note and Warrant Purchase Agreement (Orthovita Inc)

Pro Rata Treatment. Except to the extent otherwise provided in this AgreementAgreement or as otherwise agreed by Lenders: (a) the making and conversion of Loans shall be made among the Lenders based on their respective Pro Rata Shares as to the such Loans and (b) each payment on account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day shall be allocated among the Lenders entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordingly.

Appears in 1 contract

Samples: Loan and Security Agreement (Officemax Inc)

Pro Rata Treatment. Except to the extent otherwise provided in this Agreement: (a) the making and conversion of Revolving Loans shall be made among the Revolving Loan Lenders based on their respective Pro Rata Rate Shares as to the Loans Revolving Loans, and (b) each payment on account of any Obligations to or for the account of one or more of Lenders in respect of any Obligations due on a particular day shall be allocated among the Lenders entitled to such payments based on their respective Pro Rata Shares and shall be distributed accordingly.

Appears in 1 contract

Samples: Loan and Security Agreement (Pcm, Inc.)

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