Common use of Proportionate Absorption of Losses Clause in Contracts

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

Appears in 2 contracts

Samples: Credit Agreement (Vail Resorts Inc), Credit Agreement (Vail Resorts Inc)

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Proportionate Absorption of Losses. Except as otherwise provided in ---------------------------------- the Loan Papers, nothing in the Loan Papers gives any Lender any advantage over any other Lender insofar as the Obligation (other than any Hedging Obligation) is concerned or to relieve any Lender from ratably absorbing its Pro Rata Part of any losses sustained with respect to any portion of the Obligation in which it participates (except (x) for Hedging Obligations and (y) to the extent unilateral actions or inactions by any Lender result in Borrower or any other obligor on the Obligation having any credit, allowance, setoff, defense, or counterclaim solely with respect to all or any part of that Lender's portion ’s Pro Rata Part of the Obligation).

Appears in 2 contracts

Samples: Credit Agreement (Monro Muffler Brake Inc), Credit Agreement (Monro Muffler Brake Inc)

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

Appears in 1 contract

Samples: Credit Agreement (Vail Resorts Inc)

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

Appears in 1 contract

Samples: Credit Agreement (Vail Resorts Inc)

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

Appears in 1 contract

Samples: Credit Agreement (Morningstar Group Inc)

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

Appears in 1 contract

Samples: Credit Agreement (Vail Resorts Inc)

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