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 Section 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 basis.
Appears in 11 contracts
Samples: Credit Agreement (AeroVironment Inc), Credit Agreement (Commercial Vehicle Group, Inc.), Credit Agreement (Commercial Vehicle Group, 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 Section 11.06(b)(iiclause (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 11 contracts
Samples: Credit Agreement (ONESPAWORLD HOLDINGS LTD), Credit Agreement (Apogee Enterprises, 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 Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this Section 11.06(b)(iiclause (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 Loans, 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 9 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 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 Section 11.06(b)(iiclause (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 9 contracts
Samples: Credit Agreement (Morningstar, Inc.), Credit Agreement (Hecla Mining Co/De/), Credit Agreement (Duluth 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 Revolving Facility Loans and/or or the Revolving Facility Commitment assigned, except that this Section 11.06(b)(iiclause (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 and any facilities provided pursuant the second paragraph of Section 10.01 on a non-pro rata basis.
Appears in 8 contracts
Samples: Abl Credit Agreement (Steinway Musical Instruments Holdings, Inc.), Abl Credit Agreement (Steinway Musical Instruments Holdings, Inc.), Abl Credit Agreement (Steinway Musical Instruments 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 Section 11.06(b)(iiclause (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 the Revolving Loan Commitments or outstanding Term Loans on a non-pro rata basis.;
Appears in 7 contracts
Samples: Credit Agreement (Ryman Hospitality Properties, Inc.), Credit 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 Credit Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this Section 11.06(b)(iiclause (ii) shall not (A) apply to rights in respect 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 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 Agreement and the other Loan Documents with respect to the Loans and/or the Commitment assigned, except that this Section 11.06(b)(iiclause (b)(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 on a non-pro rata basis.
Appears in 5 contracts
Samples: Credit Agreement (Cavco Industries Inc.), Credit Agreement (Enfusion, Inc.), Credit Agreement (Cavco Industries 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 Section 11.06(b)(iiclause (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 Loans, 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 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 Section 11.06(b)(iiclause (ii) shall not (A1) apply to rights in respect of the Swingline Swing Loan Lender’s rights and obligations in respect of Swingline Loans, 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 4 contracts
Samples: Credit Agreement (Signet Jewelers LTD), Credit Agreement (Signet Jewelers LTD), Credit Agreement (BJ's Wholesale Club 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 Section 11.06(b)(iisubsection (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 Commitments on a non-pro rata basis.;
Appears in 4 contracts
Samples: Credit Agreement (Pursuit Attractions & Hospitality, Inc.), Canadian Benchmark Replacement Conforming Changes Amendment (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 Section 11.06(b)(iiclause (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 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 Loans, Letter of Credit Exposure and Swing Line Exposure or the Commitment assigned, except that this Section 11.06(b)(iiclause (2) 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 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 Agreement and the other Loan Documents with respect to the Loans and/or the Commitment assigned, except that this Section 11.06(b)(iiclause (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 3 contracts
Samples: Credit Agreement (SP Plus Corp), Credit Agreement (SP Plus Corp), Credit Agreement (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 or the Commitment assigned, except that this Section 11.06(b)(iiclause (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 the Revolving Loan Commitments and Term Loan Commitments on a non-pro rata basis.;
Appears in 3 contracts
Samples: Credit Agreement (Gaylord Entertainment Co /De), Credit Agreement (Gaylord Entertainment Co /De), Credit 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 the Commitment assigned, except that this Section 11.06(b)(iiclause (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 non‑pro rata basis.;
Appears in 3 contracts
Samples: Credit Agreement (Diodes Inc /Del/), Second Amended and Restated 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 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 Section 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 in respect of its Revolving Commitment (and the related Revolving Loans thereunder) and its outstanding Term Loans on a non-pro rata basis.
Appears in 3 contracts
Samples: Credit Agreement (ironSource LTD), Credit Agreement (ironSource LTD), Credit Agreement (Docusign, 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 Section 11.06(b)(iiclause (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 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.), Abl 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 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 Section 11.06(b)(iiclause (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 (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 and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this Section 11.06(b)(iiclause (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 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 Loans, Letter of Credit Exposure and Swing Line Exposure or the Commitment assigned, except that this Section 11.06(b)(iiclause (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 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 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 Section 11.06(b)(iiclause (ii) shall not (A) apply to the Swingline rights in respect of any 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 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 the Commitment assigned, except that this Section 11.06(b)(iiclause (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 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 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 Section 11.06(b)(iiclause (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 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 Section 11.06(b)(iiclause (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 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 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 Section 11.06(b)(iiclause (ii) shall not (A) apply to rights in respect of 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 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 Credit Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this Section 11.06(b)(iiclause (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 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 and the other Loan Documents with respect to the Loans and/or Loans, Swingline Exposure or the Commitment assigned, except that this Section 11.06(b)(iiclause (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 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 Section 11.06(b)(ii10.4(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 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 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 Section 11.06(b)(iiclause (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 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 Credit Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this Section 11.06(b)(iiclause (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 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 LenderXxxxxx’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 Section 11.06(b)(iiclause (ii) shall not (A) apply to the any 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 its separate Facilities revolving commitments (and the revolving loans relating thereto) 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 Section 11.06(b)(ii10.06(b)(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 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 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 Section 11.06(b)(iiclause (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-pronon-pro rata basis.
Appears in 1 contract
Samples: Credit Agreement (Blackbaud 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 Section 11.06(b)(iiclause (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 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 LenderXxxxxx’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 Section 11.06(b)(iiclause (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 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 Section 11.06(b)(iiclause (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 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 Section 11.06(b)(iiclause (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 on a non-pro rata basis.; 67072595_7
Appears in 1 contract
Samples: Credit Agreement (On Assignment 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 Section 11.06(b)(iiclause (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 1 contract
Samples: 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 Section 11.06(b)(iiclause (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 and any facilities provided pursuant to the second paragraph of Section 10.01 on a non-pro rata basis.
Appears in 1 contract
Samples: Post 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 the Commitment assigned, except that this Section 11.06(b)(iiclause (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 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 Section 11.06(b)(iiclause (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 non‑pro rata basis.
Appears in 1 contract
Samples: Credit Agreement (Ixia)
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 Section 11.06(b)(iiclause (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 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 Section 11.06(b)(iiclause (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 Loans and Revolving 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 Section 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 in respect of its Revolving Commitment (and the related Revolving Loans 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 or the Commitment assigned, except that this Section 11.06(b)(iiclause (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 under each Incremental Term Loan and obligations among separate Facilities the revolving credit facility established pursuant to Section 2.01 on a non-pro rata basis.;
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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 Section 11.06(b)(iiclause (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 on a non-pro rata basis.;
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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 or the Commitment assigned, except that this Section 11.06(b)(iiclause (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.;
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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 Section 11.06(b)(iiclause (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 non‑pro rata basis.;
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Samples: 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 xxxxxx and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or the Commitment assigned, except that this Section 11.06(b)(iiclause (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.. 168881580v11 200207.000113
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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 a particular Class of Loans and/or the or Commitment assigned, except that this Section 11.06(b)(iiclause (ii) shall not (A) apply to the Swingline Lender’s '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 credit facilities on a non-pro rata basis.);
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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 Section 11.06(b)(iiclause (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 under separate Facilities on a non-pro rata basis.; (iii)
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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 Section 11.06(b)(iiclause (ii) shall not (A) apply to rights in respect of 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 on a non-pro rata basis.;
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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 Section 11.06(b)(iiclause (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;
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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 Section 11.06(b)(iiclause (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 its separate Facilities Revolving Commitment and Term Loan Commitment on a non-pro rata basis.;
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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 Section 11.06(b)(iiclause (ii) shall not (A) apply to the any 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 its separate Facilities revolving commitments (and the revolving loans relating thereto) on a non-pro rata basis.; (
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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 Section 11.06(b)(iiclause (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 Classes on a non-pro rata basis.
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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 Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, except that this Section 11.06(b)(iiclause (ii) shall not (A) apply to rights in respect of the Swingline Swing Line Lender’s rights and obligations in respect of Swingline Loans, 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.;
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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 Section 11.06(b)(ii10.06(b)(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 any Facilities on a non-pro rata basis.;
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