Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.
Appears in 19 contracts
Samples: Credit Agreement (Ducommun Inc /De/), Credit Agreement (Blackbaud Inc), Credit Agreement (Amedisys Inc)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline any Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.;
Appears in 13 contracts
Samples: Credit Agreement (AdvanSix Inc.), Credit Agreement (AdvanSix Inc.), Credit Agreement (Greif, Inc)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to rights in respect of Bid Loans or the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities Classes on a non-pro rata basis.
Appears in 8 contracts
Samples: Credit Agreement (Host Hotels & Resorts L.P.), Credit Agreement (Host Hotels & Resorts L.P.), Credit Agreement (Host Hotels & Resorts L.P.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning LenderXxxxxx’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the Commitment assigned, except that this clause (iib)(ii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.
Appears in 7 contracts
Samples: Credit Agreement (ONESPAWORLD HOLDINGS LTD), Credit Agreement (Apogee Enterprises, Inc.), Credit Agreement (Tilray Brands, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities the Revolving Loan Commitments or outstanding Term Loans on a non-pro rata basis.;
Appears in 7 contracts
Samples: Security Agreement (Ryman Hospitality Properties, Inc.), Security Agreement (Ryman Hospitality Properties, Inc.), Credit Agreement (Ryman Hospitality Properties, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the Commitment assigned, except that this clause (iiSection 11.06(b)(ii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans Loans, or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.
Appears in 7 contracts
Samples: Credit Agreement (Commercial Vehicle Group, Inc.), Credit Agreement (AeroVironment Inc), Credit Agreement (AeroVironment Inc)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents any Facility with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Loans or the Swing Line Loans; provided that this clause (Bii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-non pro rata basis.;
Appears in 6 contracts
Samples: Credit Agreement (Valvoline Inc), Credit Agreement (Valvoline Inc), Credit Agreement (Ashland Global Holdings Inc)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the Commitment assigned, except that this clause (iib)(ii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.
Appears in 6 contracts
Samples: Credit Agreement (Hecla Mining Co/De/), Credit Agreement (Duluth Holdings Inc.), Credit Agreement (Cambium Networks Corp)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Credit Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to rights in respect the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities facilities on a non-pro rata basis.;
Appears in 6 contracts
Samples: Credit Agreement (Speedway Motorsports LLC), Credit Agreement (Speedway Motorsports LLC), Credit Agreement (Speedway Motorsports Inc)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Credit Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.;
Appears in 6 contracts
Samples: Credit Agreement (Madison Square Garden Entertainment Corp.), Credit Agreement (Madison Square Garden Entertainment Corp.), Credit Agreement (MSG Networks Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s Loans and Commitments, and rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the Commitment thereto assigned, except that this clause (ii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities any revolving credit facility or term loan facility provided hereunder on a non-pro rata basis.;
Appears in 5 contracts
Samples: Credit Agreement (Compass Group Diversified Holdings LLC), Credit Agreement (5.11 Abr Corp.), Credit Agreement (Compass Group Diversified Holdings LLC)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline any Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro non‑pro rata basis.;
Appears in 5 contracts
Samples: Credit Agreement (Vista Outdoor Inc.), Credit Agreement (AdvanSix Inc.), Credit Agreement (AdvanSix Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate any Facilities on a non-pro rata basis.;
Appears in 5 contracts
Samples: Syndicated Facility Agreement (Aecom), Credit Agreement (Aecom), Syndicated Facility Agreement (Aecom)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to rights in respect of Bid Loans or the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.;
Appears in 5 contracts
Samples: Credit Agreement (W. P. Carey Inc.), Credit Agreement (W. P. Carey Inc.), Credit Agreement (W. P. Carey Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s 's rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Swing Line Lender’s 's rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.;
Appears in 5 contracts
Samples: Credit Agreement (Parexel International Corp), Credit Agreement (Cal Dive International, Inc.), Credit Agreement (Graphic Packaging Holding Co)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities the revolving credit facility or term loan facility provided hereunder on a non-pro rata basis.;
Appears in 4 contracts
Samples: Credit Agreement (Ii-Vi Inc), Credit Agreement (Ii-Vi Inc), Credit Agreement (Ii-Vi Inc)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (iiSection 10.06(b)(ii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate any Facilities on a non-pro rata basis.
Appears in 4 contracts
Samples: Credit Agreement (Casella Waste Systems Inc), Credit Agreement (Casella Waste Systems Inc), Credit Agreement (Casella Waste Systems Inc)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among the separate Facilities credit facilities provided hereunder on a non-pro rata basis.
Appears in 4 contracts
Samples: Credit Agreement (Aptargroup Inc), Credit Agreement (Nobilis Health Corp.), Credit Agreement (Aptargroup Inc)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the Revolving Commitment assigned, except that this clause (iiSection 11.06(b)(ii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basisLoans.
Appears in 4 contracts
Samples: Credit Agreement (Vertex Pharmaceuticals Inc / Ma), Credit Agreement (Vertex Pharmaceuticals Inc / Ma), Credit Agreement (Vertex Pharmaceuticals Inc / Ma)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.
Appears in 4 contracts
Samples: Credit Agreement (MULTI COLOR Corp), Credit Agreement (C&J Energy Services Ltd.), Credit Agreement (C&J Energy Services Ltd.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the Commitment assigned, except that this clause (iib)(ii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.
Appears in 4 contracts
Samples: Credit Agreement (Enfusion, Inc.), Credit Agreement (Cavco Industries Inc.), Credit Agreement (Comscore, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans Loans, or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.
Appears in 3 contracts
Samples: Credit Agreement (SP Plus Corp), Credit Agreement (SP Plus Corp), Assignment and Assumption (SP Plus Corp)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro non‑pro rata basis.;
Appears in 3 contracts
Samples: Credit Agreement (Diodes Inc /Del/), Credit Agreement (Diodes Inc /Del/), Credit Agreement (Diodes Inc /Del/)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities and any facilities provided pursuant the second paragraph of Section 10.01 on a non-pro rata basis.
Appears in 3 contracts
Samples: Abl Credit Agreement (Constellium Holdco B.V.), Abl Credit Agreement (Constellium Holdco B.V.), Credit Agreement (Noranda Aluminum Holding CORP)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s 's rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Swing Line Lender’s 's rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.
Appears in 3 contracts
Samples: Credit and Security Agreement (Katy Industries Inc), Credit Agreement (Kbr, Inc.), Credit Agreement (Summer Infant, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause subsection (ii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities Commitments on a non-pro rata basis.;
Appears in 3 contracts
Samples: Credit Agreement (Viad Corp), Credit Agreement (Viad Corp), Credit Agreement (Viad Corp)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline U.S. Swing Line Lender’s rights and obligations in respect of Swingline U.S. Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.;
Appears in 3 contracts
Samples: Credit Agreement (Green Mountain Coffee Roasters Inc), Credit Agreement (Castle a M & Co), Credit Agreement (Castle a M & Co)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning LenderBank’s Loans and Commitments, and rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the Commitment thereto, assigned, except that this clause (ii) shall not (A) apply to the Swingline LenderBank’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender Bank from assigning all or a portion of its rights and obligations among separate Facilities in respect of its Revolving Commitment (and the related Revolving Loans thereunder) on a non-pro rata basis.;
Appears in 3 contracts
Samples: Credit Agreement (Owens & Minor Inc/Va/), Credit Agreement (Owens & Minor Inc/Va/), Credit Agreement (Owens & Minor Inc/Va/)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities and separate Incremental Facilities on a non-pro rata basis.;
Appears in 3 contracts
Samples: Credit Agreement (Media General Inc), Credit Agreement (Media General Inc), Credit Agreement (Media General Inc)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities the Revolving Loan Commitments and Term Loan Commitments on a non-pro rata basis.;
Appears in 3 contracts
Samples: Security Agreement (Gaylord Entertainment Co /De), Credit Agreement (Gaylord Entertainment Co /De), Security Agreement (Gaylord Entertainment Co /De)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline any Swing Line Lender’s rights and obligations in respect of Swingline the applicable Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.
Appears in 3 contracts
Samples: Credit Agreement (Ply Gem Holdings Inc), Credit Agreement (Ply Gem Holdings Inc), Credit Agreement (Ply Gem Holdings Inc)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all of the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline any Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate under the Facilities on a non-pro rata basis.
Appears in 3 contracts
Samples: Credit Agreement (Sabra Health Care REIT, Inc.), Credit Agreement (Sabra Health Care REIT, Inc.), Credit and Guaranty Agreement (Care Capital Properties, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among the separate Facilities on a non-pro rata basis.;
Appears in 3 contracts
Samples: Credit Agreement (Arris Group Inc), Credit Agreement (Arris Group Inc), Credit Agreement (Arris Group Inc)
Proportionate Amounts. (A) Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (Ax) apply to rights in respect of Competitive Loans or the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (By) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.;
Appears in 3 contracts
Samples: Credit Agreement (Empire State Realty Trust, Inc.), Credit Agreement (Empire State Realty Trust, Inc.), Credit Agreement (Empire State Realty OP, L.P.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or and the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.;
Appears in 3 contracts
Samples: Credit Agreement (Paperweight Development Corp), Credit Agreement (Appleton Papers Inc/Wi), Credit Agreement (Paperweight Development Corp)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among the separate Facilities credit facilities hereunder on a non-pro rata basis.;
Appears in 3 contracts
Samples: Credit Agreement (Hanger, Inc.), Credit Agreement (Hanger Orthopedic Group Inc), Credit Agreement (Hanger Orthopedic Group Inc)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the USD Commitment or MC Commitment, as applicable, assigned, except that this clause (ii) shall not (A) apply to rights in respect of the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.
Appears in 2 contracts
Samples: Credit Agreement (Cme Group Inc.), Credit Agreement (Cme Group Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities the revolving or term loan credit facility hereunder on a non-pro rata basis.;
Appears in 2 contracts
Samples: Credit Agreement (Prometheus Laboratories Inc), Credit Agreement (Prometheus Laboratories Inc)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not apply to (A) apply to the Swingline rights in respect of Competitive Loans or any Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.;
Appears in 2 contracts
Samples: Credit Agreement (Empire State Realty OP, L.P.), Assignment and Assumption (Empire State Realty OP, L.P.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Credit Agreement and the other Loan Documents with respect to the Loans and/or Loans, Swingline Exposure or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities Loans or Swingline Exposure on a non-non pro rata basis.
Appears in 2 contracts
Samples: Credit Agreement (Highland Funds I), Credit Agreement (Highland Floating Rate Fund)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Credit Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.;
Appears in 2 contracts
Samples: Credit Agreement (Tempur Pedic International Inc), Credit Agreement (Autozone Inc)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities or Commitments on a non-pro rata basis.;
Appears in 2 contracts
Samples: Credit Agreement (Wendy's Co), Credit Agreement (Wendy's Restaurants, LLC)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities Commitments or Tranches on a non-pro rata basis.
Appears in 2 contracts
Samples: Credit Agreement (Everi Holdings Inc.), Credit Agreement (Everi Holdings Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not apply to (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among under separate Facilities on a non-pro rata basis.;
Appears in 2 contracts
Samples: Assignment and Assumption (Acadia Realty Trust), Credit Agreement (Acadia Realty Trust)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among under separate Facilities on a non-pro rata pro-rata-basis.;
Appears in 2 contracts
Samples: Credit Agreement (Rexford Industrial Realty, Inc.), Credit Agreement (Rexford Industrial Realty, Inc.)
Proportionate Amounts. Each partial assignment of any Commitment or Class of Loans shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement in respect of such Commitment and the other Loan Documents with respect to the Loans and/or the Commitment assigned, except that this clause (iiSection 10.4(b)(ii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities Classes on a non-pro rata basis.
Appears in 2 contracts
Samples: Credit Agreement (Kellogg Co), Credit Agreement (WK Kellogg Co)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning LenderXxxxxx’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities the revolving credit facility or term loan facility provided hereunder on a non-pro rata basis.;
Appears in 2 contracts
Samples: Credit Agreement (Celestica Inc), Credit Agreement (Celestica Inc)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to rights in respect of Bid Loans or the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) and shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.;
Appears in 2 contracts
Samples: Credit and Term Loan Agreement (DCT Industrial Trust Inc.), Credit and Term Loan Agreement (DCT Industrial Trust Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning LenderXxxxxx’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the Commitment assigned, except that this clause (iib)(ii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.
Appears in 2 contracts
Samples: Credit Agreement (Sunpower Corp), Credit Agreement (Sunpower Corp)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.;
Appears in 2 contracts
Samples: Credit Agreement (Diodes Inc /Del/), Credit Agreement (Diodes Inc /Del/)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s 's rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Swing Line Lender’s 's rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities the revolving or term loan credit facility hereunder on a non-pro rata basis.;
Appears in 2 contracts
Samples: Credit Agreement (Prometheus Laboratories Inc), Credit Agreement (Prometheus Laboratories Inc)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (iib) shall not (Ai) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (Bii) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities the revolving credit facility and term loan facilities provided for hereunder on a non-pro rata basis.
Appears in 2 contracts
Samples: Credit Agreement (Mitel Networks Corp), Credit Agreement (Mitel Networks Corp)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Revolving Credit Commitment assigned, except that this clause (ii) shall not (Ax) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (By) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities under the Revolving A Credit Facility and the Revolving B Credit Facility on a non-pro rata basis.;
Appears in 2 contracts
Samples: Credit Agreement (Paramount Group, Inc.), Credit Agreement (Paramount Group, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Credit Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among its separate Facilities Revolving Commitments and Term Loan A Commitments on a non-pro rata basis.;
Appears in 2 contracts
Samples: Credit Agreement (Huron Consulting Group Inc.), Credit Agreement (Huron Consulting Group Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the Revolving Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans (or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.
Appears in 2 contracts
Samples: Credit Agreement (Benchmark Electronics Inc), Credit Agreement (Benchmark Electronics Inc)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Swing Line Lender’s rights and an obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.;
Appears in 2 contracts
Samples: Credit Agreement (NOODLES & Co), Credit Agreement (NOODLES & Co)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights Revolving Committed Amount and obligations among separate Facilities Term Loan Committed Amount on a non-pro rata basis.;
Appears in 2 contracts
Samples: Credit Agreement (Quest Diagnostics Inc), Credit Agreement (Quest Diagnostics Inc)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning LenderBank’s Loans and Commitments, and rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the Commitment thereto, assigned, except that this clause (ii) shall not (A) apply to the Swingline LenderBank’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender Bank from assigning all or a portion of its rights and obligations among separate Facilities in respect of its Commitments (and the related Loans thereunder) on a non-pro rata basis.
Appears in 2 contracts
Samples: Credit Agreement (Owens & Minor Inc/Va/), Credit Agreement (Owens & Minor Inc/Va/)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the USD Commitment or MC Commitment, as applicable, assigned, except that this clause (ii) shall not (A) apply to the Swingline rights in respect of any Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.
Appears in 2 contracts
Samples: Credit Agreement (Cme Group Inc.), Credit Agreement (Cme Group Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the applicable Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A1) apply to rights in respect of the Swingline Swing Loan Lender’s rights and obligations in respect of Swingline Swing Loans or (B2) prohibit any Lender from assigning all or a portion of its rights and obligations among separate any Class of Commitments or Loans or among the Facilities under this Agreement on a non-pro rata basis.;
Appears in 2 contracts
Samples: Credit Agreement (Signet Jewelers LTD), Assignment and Assumption (BJ's Wholesale Club Holdings, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all of the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among in separate Facilities tranches or Classes on a non-pro rata basis.;
Appears in 2 contracts
Samples: Credit Agreement (Targa Resources Corp.), Credit Agreement (Targa Resources Corp.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning LenderXxxxxx’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the Commitment assigned, except that this clause (iib)(ii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.. (iii)
Appears in 2 contracts
Samples: Credit Agreement (Alamo Group Inc), Credit Agreement (Ameresco, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment Commitment(s) assigned, except that this clause (ii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities Tranches hereunder on a non-pro rata basis.;
Appears in 2 contracts
Samples: Credit Agreement (Jacobs Engineering Group Inc /De/), Credit Agreement (Jacobs Engineering Group Inc /De/)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assignedassigned and must, in compliance with the provisions of Section 2.01(d) hereof, be of an equal pro rata share of each Aggregate Credit Exposure of such assigning Lender with respect to each of the Facilities, except that this clause (ii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.Swing Line Loans;
Appears in 2 contracts
Samples: Credit Agreement (Government Properties Income Trust), Pledge Agreement (Government Properties Income Trust)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline its Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among the separate Facilities credit facilities hereunder on a non-pro rata basis.;
Appears in 2 contracts
Samples: Credit Agreement (Hanger, Inc.), Credit Agreement (Hanger, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Credit Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among the separate Facilities on a non-pro rata basis.;
Appears in 2 contracts
Samples: Credit Agreement (HSN, Inc.), Credit Agreement (HSN, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Credit Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities facilities on a non-pro rata basis.;
Appears in 2 contracts
Samples: Credit Agreement (Amn Healthcare Services Inc), Credit Agreement (Inex Corp)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assignedassigned under the relevant facility, except that this clause (ii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Loans Swing Line Loans, or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities facilities under this Agreement on a non-pro rata basis.
Appears in 1 contract
Samples: Credit Agreement (Ansys Inc)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Credit Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.; (iii)
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause subsection (iib) shall not (Ai) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (Bii) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities the revolving credit facility and term loan facilities provided for hereunder on a non-pro rata basis.
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause subsection (ii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under -130- BOI-39221v8 this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.;
Appears in 1 contract
Samples: Credit Agreement (WEX Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the Commitment assigned, except that this clause (iib)(ii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.. (iii)
Appears in 1 contract
Samples: Credit Agreement (Alamo Group Inc)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Credit Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among its separate Facilities Revolving Commitment and Term Loan Commitments on a non-pro rata basis.;
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.;
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities Classes on a non-pro rata basis.
Appears in 1 contract
Samples: Patent Security Agreement (Dole PLC)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Credit Agreement and the other Loan Documents with respect to the Loans and/or or the Revolving Commitment assigned, except that this clause (ii) shall not (A) apply to the any Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among its separate Facilities revolving commitments (and the revolving loans relating thereto) on a non-pro rata basis.; (iii)
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or loans or the Commitment commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities in respect of its revolving commitments (and related revolving loans and obligations thereunder) on a non-pro rata basis.;
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among under separate Facilities on a non-pro rata basis.; (iii)
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline a Swing Line Lender’s 's rights and obligations in respect of Swingline its Swing Line Loans or (B) and shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.; 95541499_13
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among under separate Facilities on a non-pro rata basis.;
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (iiSection 10.06(b)(ii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate any Facilities on a non-pro rata basis.;
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Loans Swing Line Loans, or (B) prohibit any Lender from assigning all or a any portion of its rights and obligations among separate Facilities with respect to its Tranche A Commitment and its Tranche A-1 Commitment on a non-pro rata basis.;
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline a Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.;
Appears in 1 contract
Samples: Credit Agreement (Ipsco Inc)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.; (iii)
Appears in 1 contract
Samples: Credit Agreement (Integra Lifesciences Holdings Corp)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Credit Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among its separate Facilities Revolving Commitment and Term Loan Commitment on a non-pro rata basis.; 107
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all of the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline any Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate the Facilities on a non-pro rata basis.
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s 's rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline any Swing Line Lender’s 's rights and obligations in respect of Swingline the applicable Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.;
Appears in 1 contract
Samples: Credit Agreement (Nortek Inc)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities Commitments on a non-pro rata basis.
Appears in 1 contract
Samples: Credit Agreement (Global Cash Access Holdings, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities and any facilities provided pursuant to the second paragraph of Section 10.01 on a non-pro rata basis.
Appears in 1 contract
Samples: Petition Credit Agreement (Noranda Aluminum Holding CORP)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii(ii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities Classes on a non-pro rata basis.;
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans (or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Term Loans and/or (but the Commitment Tranches of the Term Loans must be assigned on a pro rata basis) or the Revolving Credit Loans and the Commitments assigned, except that this clause (ii) shall not (A) apply to rights in respect of the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.Swing Line Loans;
Appears in 1 contract
Samples: Credit Agreement (Corporate Property Associates 17 - Global INC)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the Commitment assignedApplicable Facility, except that this clause (ii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate the Applicable Facilities on a non-pro rata basis.basis or (B) apply to rights in respect of Swing Line Loans;
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the Commitment assigned, except that this clause (iiSection 11.06(b)(ii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basisLoans.
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Credit Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Lender’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among its separate Facilities Revolving Commitments and Term Loan Commitments on a non-pro rata basis.;
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning LenderBank’s Loans and Commitments, and rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the Commitment thereto, assigned, except that this clause (ii) shall not (A) apply to the Swingline LenderBank’s rights and obligations in respect of Swingline Loans or (B) prohibit any Lender Bank from assigning all or a portion of its rights and obligations among separate Facilities in respect of its Commitments (and the related Loans thereunder) on a non-pro rata basis.. (iii)
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline any Swing Line Lender’s rights and obligations in respect of Swingline the applicable Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.; 160
Appears in 1 contract
Samples: Credit Agreement (Nortek Inc)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all of the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities under the Loans on a non-pro rata basis.;
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Quality Care Properties, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swingline any Swing Line Lender’s rights and obligations in respect of Swingline Swing Line Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among the separate Facilities credit facilities hereunder on a non-pro rata basis.
Appears in 1 contract
Samples: Credit Agreement (Oshkosh Corp)
