Common use of Proportionate Amounts Clause in Contracts

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 with respect to the Loans 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 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)

AutoNDA by SimpleDocs

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 with respect to the Loans or the Commitment assigned, except that this clause (ii) shall not (A) apply to rights in respect 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 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 rights and obligations under this Credit Agreement with respect to the Loans 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 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 rights and obligations under this Credit Agreement with respect to the Loans Loans, Letter of Credit Exposure and Swing Line Exposure or the Commitment assigned, except that this clause (ii2) 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 in respect of Competitive Bid Loans on a non-pro rata basis;.

Appears in 5 contracts

Samples: Five Year Credit Agreement (CVS HEALTH Corp), Five Year Credit Agreement (CVS HEALTH Corp), Five Year Credit Agreement (CVS HEALTH 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 with respect to the Loans or the Commitment assigned, except that this clause (ii) shall not (A) apply to rights in respect 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 Credit Agreement with respect to the Loans 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 the separate 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 Credit Agreement with respect to the Loans or the Revolving Credit Commitment assigned, except that this clause (ii) shall not (A) apply to rights in respect 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 Facilities on a non-pro rata basis;

Appears in 4 contracts

Samples: Credit Agreement (Standex International Corp/De/), Credit Agreement (Standex International Corp/De/), Credit Agreement (Standex International Corp/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 Credit Agreement with respect to the Loans Loans, Letter of Credit Exposure and Swing Line Exposure or the Commitment assigned, except that this clause (ii2) 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 in respect of Competitive Bid Loans on a non-pro non‑pro rata basis;.

Appears in 4 contracts

Samples: Credit Agreement (CVS HEALTH Corp), Credit Agreement (CVS HEALTH Corp), Credit Agreement (CVS HEALTH 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 with respect to the Loans or the Commitment assigned, except that this clause (iib) shall not (A) apply to rights in respect the Swingline LenderAdministrative Agent’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 basisSwing Line Loans;

Appears in 3 contracts

Samples: Credit Agreement (Staples Inc), Credit Agreement (Staples Inc), Credit Agreement (Staples 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 with respect to the Loans or the Commitment assigned, except that this clause (ii) shall not (A) apply to rights in respect 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 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 LenderBank’s Loans and Commitments, and rights and obligations under this Credit Agreement with respect to the Loans or the Commitment thereto, assigned, except that this clause (ii) shall not (A) apply to rights in respect 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 Credit Agreement with respect to the Loans 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 the revolving credit facility provided hereunder and any separate revolving credit or term loan facilities provided pursuant to the last paragraph of Section 11.01 on a non-pro rata basis;

Appears in 3 contracts

Samples: Credit Agreement (Adeptus Health Inc.), Credit Agreement (Adeptus Health Inc.), Credit Agreement (Adeptus Health 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 with respect to the Loans Loans, Letter of Credit Exposure and Swing Line Exposure 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 in respect of Competitive Bid Loans on a non-pro rata basis;.

Appears in 3 contracts

Samples: Credit Agreement (CVS Caremark Corp), Credit Agreement (CVS Caremark Corp), Credit Agreement (CVS Caremark 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 with respect to the Revolving Credit Loans 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 the revolving credit facility provided hereunder and any separate revolving credit or term loan facilities provided pursuant to the last paragraph of Section 11.01 on a non-pro rata basis;

Appears in 3 contracts

Samples: Credit Agreement (American Residential Properties, Inc.), Credit Agreement (American Residential Properties, Inc.), Credit Agreement (American Residential Properties, 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 Credit Agreement with respect to the Loans or the Commitment thereto, assigned, except that this clause (ii) shall not (A) apply to rights in respect 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 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 Credit Agreement with respect to the applicable Loans 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 facilities any Class of Commitments or Loans or among the Facilities under this Agreement on a non-pro rata basis;

Appears in 3 contracts

Samples: Credit Agreement (Signet Jewelers LTD), Credit Agreement (BJ's Wholesale Club Holdings, Inc.), Credit Agreement (Signet Jewelers LTD)

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 Credit Agreement with respect to the Loans or the Commitment assigned, except that this clause (ii) shall not (A) apply to rights in respect 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 Credit Agreement with respect to the Loans or the Core Currency Commitment or Individual Currency Commitments 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 tranches on a non-pro non‑pro rata basisbasis and this clause (ii) shall not apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans;

Appears in 2 contracts

Samples: Five Year Credit Agreement (Tiffany & Co), Credit Agreement (Tiffany & 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 Credit Agreement with respect to the Loans 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 on a non-pro rata basis;

Appears in 2 contracts

Samples: Credit Agreement (Inex Corp), Credit Agreement (Amn Healthcare Services 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 with respect to the Loans 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 2 contracts

Samples: Credit Agreement (Tempur Pedic International Inc), Five Year 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 Credit Agreement with respect to the Loans 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 rights in respect 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 basisSwing Line Loans;

Appears in 2 contracts

Samples: Credit Agreement (Government Properties Income Trust), Credit 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 Credit Agreement with respect to the Loans 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 the revolving credit facility provided hereunder and any separate revolving credit or term loan facilities provided pursuant to Section 2.14 on a non-pro rata basis;

Appears in 2 contracts

Samples: Credit Agreement (International Money Express, Inc.), Credit Agreement (International Money Express, 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 with respect to the Loans or the Core Currency Commitment or Individual Currency Commitments 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 tranches on a non-pro rata basisbasis and this clause (ii) shall not apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans;

Appears in 2 contracts

Samples: Credit Agreement (Tiffany & Co), Credit Agreement (Tiffany & 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 Credit Agreement with respect to the Loans Loans, Letter of Credit Exposure and Swing Line Exposure 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 in respect of Competitive Bid Loans on a non-pro non‑pro rata basis;.

Appears in 2 contracts

Samples: Credit Agreement (CVS Caremark Corp), Credit Agreement (CVS Caremark 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 with respect to the Loans 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 the separate facilities 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 with respect to the Loans Loans, Swingline Exposure 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 Loans or Swingline Exposure on a non-non pro rata basis;.

Appears in 2 contracts

Samples: Credit Agreement (Highland Floating Rate Fund), Credit Agreement (Highland Funds I)

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 with respect to the Loans or the Commitment assigned, except that this clause (ii) shall not (A) apply to rights in respect 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 Credit Agreement with respect to the Loans or the Commitment assigned, except that this clause (ii) shall not (A) apply to rights in respect 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 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 with respect to the Loans or the Commitment assigned, except that this clause (ii) shall not apply to (A) apply to rights in respect the Swingline 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 Facilities on a non-pro rata basis;

Appears in 2 contracts

Samples: Credit Agreement (Empire State Realty OP, L.P.), 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 Credit Agreement with respect to the Loans or the Commitment assigned, except that this clause (iib) shall not (Ai) apply to rights in respect 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 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 Credit Agreement with respect to the Loans or the Revolving Credit Commitment assigned, except that this clause (ii) shall not (Ax) apply to rights in respect 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 with respect to the Loans or the Commitment assigned, except that this clause (ii) shall not (A) apply to rights in respect 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 Credit Agreement with respect to the Loans or the Commitment assigned, except that this clause (ii) shall not (A) apply to rights in respect 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 Facilities on a non-pro rata basis;

Appears in 2 contracts

Samples: Credit Agreement (Nortek Inc), Credit Agreement (Broan-NuTone 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 Credit Agreement with respect to the Term Loans (but the Tranches of the Term Loans must be assigned on a pro rata basis) or the Commitment 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 basisSwing 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 's rights and obligations under this Credit Agreement with respect to the Loans 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 on a non-pro rata basisLoans;

Appears in 1 contract

Samples: Credit Agreement (Tractor Supply 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 Credit Agreement with respect to the Loans 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 1 contract

Samples: Credit Agreement (Medco Health Solutions 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 Credit Agreement with respect to the Loans or the Commitment thereto, 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 on a non-pro rata basisin respect of its Revolving Commitment (and the related Revolving Loans thereunder);

Appears in 1 contract

Samples: Credit Agreement (Advance America, Cash Advance Centers, 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 or and/or the Commitment assigned, except that this clause (ii) shall not (A) apply to rights in respect 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 Facilities on a non-pro rata basis;; (iii)

Appears in 1 contract

Samples: Credit Agreement (COMMERCIAL METALS Co)

AutoNDA by SimpleDocs

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 with respect to the Loans or the Commitment assigned, except that this clause (ii‎(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 Classes on a non-pro rata basis;

Appears in 1 contract

Samples: Restatement Agreement (Constellation 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 Credit Agreement and the other Loan Documents with respect to the Loans Loan or the Commitment assigned, except that this clause (ii) shall not (A) apply to rights in respect the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate facilities Credits on a non-pro rata basis;.

Appears in 1 contract

Samples: Credit Agreement (ATN International, 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 with respect to the Loans or the Commitment 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 Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate facilities its Term Loans and Revolving Loans on a non-pro rata basis;

Appears in 1 contract

Samples: Credit Agreement (American Dental Partners 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 with respect to the Loans loans or the Commitment commitment assigned, except that this clause (ii) shall not (A) apply to rights in respect 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

Samples: Credit Agreement (Armstrong Flooring, 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 with respect to the Loans 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 Classes on a non-pro rata basis;.

Appears in 1 contract

Samples: Credit 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 with respect to the Revolving Loans or and the Commitment Term Loan A, and the commitments relating thereto, being assigned, except and shall be pro rata with respect to such loans and commitments; provided that, 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 on a non-pro rata basisLoans;

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Mac-Gray 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 with respect to the Loans 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 its separate facilities Revolving Commitments and Term Loan Commitments on a non-pro rata basis;

Appears in 1 contract

Samples: Credit Agreement (Euronet Worldwide 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 with respect to the Loans or the Commitment assigned, except that this clause (ii) shall not (A) apply to rights in respect 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 Facilities on a non-pro rata basis;; (iii)

Appears in 1 contract

Samples: Credit Agreement (Sphere Entertainment 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 Credit Agreement with respect to the Loans or the Commitment assigned, except that this clause subsection (iib) shall not (Ai) apply to rights in respect 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 the revolving credit facility and term loan facilities provided for hereunder on a non-pro rata basis;.

Appears in 1 contract

Samples: First Lien 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 -130- BOI-39221v8 this Credit Agreement with respect to the Loans or the Commitment assigned, except that this clause (ii) shall not (A) apply to rights in respect 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 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 Credit Agreement with respect to the Loans or the Commitment assignedassigned under the relevant facility, except that this clause (ii) shall not (A) apply to rights in respect 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 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 with respect to the Loans or the Commitment assignedApplicable Facility, 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 the Applicable Facilities on a non-pro rata basisbasis or (B) apply to rights in respect of Swing Line Loans;

Appears in 1 contract

Samples: Credit Agreement (Hilb Rogal & Hobbs 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 Credit Agreement with respect to the Loans 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 its separate facilities Revolving Commitment and Term Loan Commitment on a non-pro rata basis;

Appears in 1 contract

Samples: Credit Agreement (Rehabcare 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 with respect to the Loans or the Commitment assigned, except that this clause (ii) shall not (A) apply to rights in respect the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Swing Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate facilities Credit Facilities on a non-pro rata basis;

Appears in 1 contract

Samples: Credit Agreement (Epiq 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 Credit Agreement and the other Loan Documents with respect to the Loans 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 the revolving credit facility provided hereunder and any separate facilities revolving credit provided pursuant to the last paragraph of Section 10.01 on a non-pro rata basis;

Appears in 1 contract

Samples: Credit Agreement (Omega Healthcare Investors 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 with respect to the Loans 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 its separate facilities Revolving Commitment and Term Loan Commitments on a non-pro rata basis;

Appears in 1 contract

Samples: Credit Agreement (Premiere Global Services, 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 with respect to the Loans 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 on a non-pro rata basisLoans;

Appears in 1 contract

Samples: Credit Agreement (Tractor Supply 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 Credit Agreement with respect to the Loans or the Revolving Credit Commitment 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 Facilities on a non-pro rata basis;

Appears in 1 contract

Samples: Credit Agreement (Paa Natural Gas Storage Lp)

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 with respect to the Loans or the Commitment assigned, except that this clause (ii) shall not (A) apply to rights in respect 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;; CHAR1\1847295v5

Appears in 1 contract

Samples: 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 Credit Agreement with respect to the Revolving Loans or and any Term Loans, and the Commitment commitments relating thereto, being assigned, except and shall be pro rata with respect to such loans and commitments; provided that, 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 on a non-pro rata basisLoans;

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Mac-Gray 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 Credit Agreement with respect to the a particular Class of Loans or the Commitment assigned, except that this clause (ii) shall not (A) apply to rights in respect the Swingline Lender’s '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 credit facilities on a non-pro rata basis);

Appears in 1 contract

Samples: Senior Credit Agreement (Compbenefits 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 with respect to the Loans or the Revolving Commitment assigned, except that this clause (ii) shall not (A) apply to rights in respect 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;; (

Appears in 1 contract

Samples: Credit Agreement (Euronet Worldwide 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 with respect to the Loans or the Commitment assigned, except that this clause (iib)(ii) shall not apply to (A) apply to rights in respect 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 Facilities on a non-pro rata basis;

Appears in 1 contract

Samples: Credit Agreement (Saltchuk Resources, Inc.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s or Issuing Bank’s rights and obligations under this Credit Agreement with respect to the Loans Advance 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;. Jabil Credit Agreement 65

Appears in 1 contract

Samples: Credit Agreement (Jabil Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!