Common use of Proportionate Absorption of Losses Clause in Contracts

Proportionate Absorption of Losses. Except as otherwise provided in the Loan Documents, nothing in the Loan Documents gives any Lender any advantage over any other Lender insofar as the obligations hereunder are concerned or relieves any Lender from ratably absorbing any losses sustained with respect to the obligations hereunder (except to the extent unilateral actions or inactions by any Lender result in the Borrower or any other obligor on the obligations hereunder having any credit, allowance, setoff, defense or counterclaim solely with respect to all or any part of that Lender's part of the obligations hereunder).

Appears in 6 contracts

Samples: Credit Agreement (Buckeye Partners L P), Credit Agreement (Buckeye Partners L P), Bridge Loan Agreement (Buckeye Partners L P)

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Proportionate Absorption of Losses. Except as otherwise provided in the Loan Documents, nothing in the Loan Documents gives any Lender any advantage over any other Lender insofar as the obligations hereunder are Obligation is concerned or relieves any Lender from ratably absorbing any losses sustained with respect to the obligations hereunder Obligation (except to the extent unilateral actions or inactions by any Lender result in the Borrower or any other obligor on the obligations hereunder Obligation having any credit, allowance, setoff, defense defense, or counterclaim solely with respect to all or any part of that Lender's part Pro Rata Part of the obligations hereunderObligation).

Appears in 6 contracts

Samples: Credit Agreement (Prentiss Properties Trust/Md), Revolving Credit Agreement (United Dental Care Inc /De/), Credit Agreement (Magnetek Inc)

Proportionate Absorption of Losses. Except as otherwise provided in the Loan DocumentsPapers, nothing in the Loan Documents Papers gives any Lender any advantage over any other Lender insofar as the obligations hereunder are Obligation is concerned or relieves to relieve any Lender from ratably absorbing any losses sustained with respect to the obligations hereunder Obligation (except to the extent unilateral actions or inactions by any Lender result in the Borrower or any other obligor on the obligations hereunder Obligation having any credit, allowance, setoff, defense defense, or counterclaim solely with respect to all or any part of that Lender's part Pro Rata Part of the obligations hereunderObligation).

Appears in 5 contracts

Samples: Term Loan Agreement (Pool Energy Services Co), Credit Agreement (Monro Muffler Brake Inc), Revolving Credit Agreement (Pool Energy Services Co)

Proportionate Absorption of Losses. Except as otherwise provided in the Loan Credit Documents, nothing in the Loan Credit Documents gives any Lender any advantage over any other Lender insofar as the obligations hereunder are Obligation is concerned or relieves any Lender from ratably absorbing any losses sustained with respect to the obligations hereunder Obligation (except to the extent unilateral actions or inactions by any Lender result in the Borrower or any other obligor obliger on the obligations hereunder Obligation having any credit, allowance, setoff, defense defense, or counterclaim solely with respect to all or any part of that Lender's part Pro Rata Part of the obligations hereunderObligation).

Appears in 5 contracts

Samples: Credit Agreement (PMC Capital Inc), Credit Agreement (Ultrak Inc), Credit Agreement (Ultrak Inc)

Proportionate Absorption of Losses. Except as otherwise provided in the Loan Documents, nothing in the Loan Documents gives any Lender any advantage over any other Lender insofar as the obligations hereunder are Obligation is concerned or relieves any Lender from ratably absorbing any losses sustained with respect to the obligations hereunder Obligation (except to the extent unilateral actions or inactions by any Lender result in the Borrower or any other obligor on the obligations hereunder Obligation having any credit, allowance, setoff, defense defense, or counterclaim solely with respect to all or any part of that Lender's part ’s Pro Rata Part of the obligations hereunderObligation).

Appears in 4 contracts

Samples: Credit Agreement (Goodrich Petroleum Corp), Second Lien Term Loan Agreement (Goodrich Petroleum Corp), Credit Agreement (Goodrich Petroleum Corp)

Proportionate Absorption of Losses. Except as otherwise provided in the Loan Documentsherein provided, nothing in the Loan Documents gives Papers shall be deemed to give any Lender any advantage over any other Lender insofar as the obligations hereunder are concerned portion of the Obligation arising under the Loan Papers is concerned, or relieves to relieve any Lender from ratably absorbing its pro rata part of any losses sustained with respect to the obligations hereunder Obligation (except to the extent unilateral actions or inactions by any Lender result in the Borrower or any other obligor on the obligations hereunder having any credit, allowance, setoff, defense defense, or counterclaim solely with respect to all or any part of that such Lender's pro rata part of the obligations hereunderObligation).

Appears in 4 contracts

Samples: Competitive Advance and Revolving Credit Facility Agreement (Century Telephone Enterprises Inc), Revolving Credit Facility Agreement (Centurytel Inc), 364 Day Revolving Credit Agreement (Centurytel Inc)

Proportionate Absorption of Losses. Except as otherwise provided in the Loan Documents, nothing in the Loan Documents gives any Lender any advantage over any other Lender insofar as the obligations hereunder are Obligation is concerned or relieves any Lender from ratably absorbing any losses sustained with respect to the obligations hereunder Obligation (except to the extent unilateral actions or inactions by any Lender result in the Borrower or any other obligor Obligor on the obligations hereunder Obligation having any credit, allowance, setoff, defense defense, or counterclaim solely with respect to all or any part of that Lender's part Pro Rata Share of the obligations hereunderObligation).

Appears in 3 contracts

Samples: Credit Agreement (Prentiss Properties Trust/Md), Credit Agreement (Prentiss Properties Trust/Md), Credit Agreement (Prentiss Properties Trust/Md)

Proportionate Absorption of Losses. Except as otherwise provided in the Loan Documents, nothing in the Loan Documents gives shall be deemed to give any Lender any advantage over any other Lender insofar as the obligations hereunder are concerned Obligation is concerned, or relieves to relieve any Lender from ratably absorbing its ratable portion of any losses sustained with respect to the obligations hereunder Obligation (except to the extent such losses result from unilateral actions or inactions by of any Lender result that are not made in accordance with the Borrower or any other obligor on the obligations hereunder having any credit, allowance, setoff, defense or counterclaim solely with respect to all or any part of that Lender's part terms and provisions of the obligations hereunderLoan Documents).

Appears in 3 contracts

Samples: Credit Agreement (Adelphia Communications Corp), Senior Secured Term Loan Agreement (America West Holdings Corp), Credit Agreement (Adelphia Communications Corp)

Proportionate Absorption of Losses. Except as otherwise provided in the Loan Credit Documents, nothing in the Loan Credit Documents gives any Lender any advantage over any other Lender insofar as the obligations hereunder are Obligation is concerned or relieves any Lender from ratably absorbing any losses sustained with respect to the obligations hereunder Obligation (except to the extent unilateral actions or inactions by any Lender result in the any Borrower or any other obligor on the obligations hereunder Obligation having any credit, allowance, setoff, defense defense, or counterclaim solely with respect to all or any part of that Lender's part ’s Pro Rata Part of the obligations hereunderObligation).

Appears in 3 contracts

Samples: Credit Agreement (PMC Commercial Trust /Tx), Credit Agreement (PMC Commercial Trust /Tx), Credit Agreement (PMC Commercial Trust /Tx)

Proportionate Absorption of Losses. Except as otherwise provided in the Loan Documents, nothing in the Loan Documents gives any Lender any advantage over any other Lender insofar as the obligations hereunder are Obligation is concerned or relieves any Lender from ratably absorbing any losses sustained with respect to the obligations hereunder Obligation (except to the extent unilateral actions or inactions by any Lender result in the Borrower or any other obligor on the obligations hereunder Obligation having any credit, allowance, setoffset off, defense defense, or counterclaim solely with respect to all or any part of that Lender's part Pro Rata Part of the obligations hereunderObligation).

Appears in 3 contracts

Samples: Credit Agreement (Affiliated Computer Services Inc), Credit Agreement (Affiliated Computer Services Inc), Credit Agreement (Affiliated Computer Services Inc)

Proportionate Absorption of Losses. Except as otherwise provided in the Loan Documents, nothing in the Loan Documents gives any Lender any advantage over any other Lender insofar as the obligations hereunder are Obligation is concerned or relieves any Lender from ratably absorbing any losses sustained with respect to the obligations hereunder Obligation (except to the extent unilateral actions or inactions by any Lender result in the Borrower or any other obligor on the obligations hereunder Obligation having any credit, allowance, setoffset off, defense defense, or counterclaim solely with respect to all or any part of that Lender's part Pro Rata Part of the obligations hereunderObligation).

Appears in 2 contracts

Samples: Credit Agreement (Affiliated Computer Services Inc), Credit Agreement (Affiliated Computer Services Inc)

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Proportionate Absorption of Losses. Except as otherwise provided in the Loan Documents, nothing in the Loan Documents gives any Lender any advantage over any other Lender insofar as the obligations hereunder are Obligation is concerned or relieves any Lender from ratably absorbing any losses sustained with respect to the obligations hereunder Obligation (except to the extent unilateral actions or inactions by any Lender result in the Borrower or any other obligor on the obligations hereunder Obligation having any credit, allowance, setoff, defense defense, or counterclaim solely with respect to all or any part of that Lender's part Pro Rata Share of the obligations hereunderObligation).

Appears in 2 contracts

Samples: Credit Agreement (Prentiss Properties Trust/Md), Credit Agreement (Prentiss Properties Trust/Md)

Proportionate Absorption of Losses. Except as otherwise provided in the Loan Documents, nothing in the Loan Documents gives any Lender any advantage over any other Lender insofar as the obligations hereunder are concerned or relieves any Lender from ratably absorbing any losses sustained with respect to the obligations hereunder (except to the extent unilateral actions or inactions by any Lender result in the Borrower or any other obligor on the obligations hereunder having any credit, allowance, setoff, defense or counterclaim solely with respect to all or any part of that Lender's ’s part of the obligations hereunder).

Appears in 2 contracts

Samples: Credit Agreement (Buckeye Partners L P), Credit Agreement (Buckeye GP Holdings L.P.)

Proportionate Absorption of Losses. Except as otherwise provided in the Loan Documents, nothing in the Loan Documents gives any Lender any advantage over any other Lender insofar as the obligations hereunder are Obligation is concerned or relieves any Lender from ratably absorbing any losses sustained with respect to the obligations hereunder Obligation (except to the extent unilateral actions or inactions by any Lender result in the Borrower or any other obligor on the obligations hereunder Obligation having any credit, allowance, setoff, defense defense, or counterclaim solely with respect to all or any part of that such Lender's part Pro Rata Part of the obligations hereunderObligation).

Appears in 2 contracts

Samples: Credit Agreement (Prologis Trust), Term Loan Credit Agreement (Prologis Trust)

Proportionate Absorption of Losses. Except as otherwise provided in the Loan Documents, nothing in the Loan Documents gives any Lender any advantage over any other Lender insofar as the obligations hereunder Obligations are concerned or relieves to relieve any Lender from ratably absorbing any losses sustained with respect to the obligations hereunder Obligations (except to the extent unilateral actions or inactions by any Lender result in the Borrower or any other obligor on the obligations hereunder Obligations having any credit, allowance, setoff, defense defense, or counterclaim solely with respect to all or any part of that Lender's part Pro Rata Part of the obligations hereunderObligations).

Appears in 1 contract

Samples: Credit Agreement (Michael Petroleum Corp)

Proportionate Absorption of Losses. Except as otherwise provided in the Loan Documents, nothing in the Loan Documents gives any Lender any advantage over any other Lender insofar as the obligations hereunder are Obligation is concerned or relieves any Lender from ratably absorbing any losses sustained with respect to the obligations hereunder Obligation (except to the extent unilateral actions or inactions by any Lender result in the Borrower or any other obligor Company on the obligations hereunder Obligation having any credit, allowance, setoff, defense defense, or counterclaim solely with respect to all or any part of that Lender's part Pro Rata Share of the obligations hereunderObligation).

Appears in 1 contract

Samples: Credit Agreement (American Industrial Properties Reit Inc)

Proportionate Absorption of Losses. Except as otherwise provided in the Loan Documents, nothing in the Loan Documents gives any Lender any advantage over any other Lender insofar as the obligations hereunder Obligations are concerned or relieves to relieve any Lender from ratably absorbing any losses sustained with respect to the obligations hereunder Obligations (except to the extent unilateral actions or inactions by any Lender result in the Borrower or any other obligor on the obligations hereunder Obligations having any credit, allowance, setoff, defense defense, or counterclaim solely with respect to all or any part of that Lender's part ’s pro rata share of the obligations hereunderObligations).

Appears in 1 contract

Samples: Credit Agreement (Lecroy Corp)

Proportionate Absorption of Losses. Except as otherwise provided in the Loan Documents, nothing in the Loan Documents gives any Lender any advantage over any other Lender insofar as the obligations hereunder are Obligation is concerned or relieves any Lender from ratably absorbing any losses sustained with respect to the obligations hereunder Obligation (except to the extent unilateral actions or inactions by any Lender result in the any Borrower or any other obligor on the obligations hereunder Obligation having any credit, allowance, setoff, defense defense, or counterclaim solely with respect to all or any part of that such Lender's part Pro Rata Part of the obligations hereunderObligation).

Appears in 1 contract

Samples: Credit Agreement (Prologis Trust)

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