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 Xxxxxx’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 (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 (ONESPAWORLD HOLDINGS LTD), Credit Agreement (Apogee Enterprises, Inc.), Credit Agreement (Cambium Networks Corp)

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Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’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 (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 11 contracts

Samples: Credit Agreement (Corsair Gaming, Inc.), Credit Agreement (Agilysys Inc), Credit Agreement (Agilysys Inc)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning XxxxxxLender’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 (b)(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 10 contracts

Samples: Credit Agreement (AeroVironment Inc), Credit Agreement (Commercial Vehicle Group, Inc.), Credit Agreement (AeroVironment Inc)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning XxxxxxLender’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 (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 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 XxxxxxLender’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 (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 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 XxxxxxLender’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 (b)(iiii) 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/), 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 XxxxxxLender’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 (b)(iiii) 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), Credit Agreement (SP Plus Corp)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’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 (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 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 Xxxxxx’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 (b)(iiii) 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 in respect of its Revolving Commitment (and the related Revolving Loans thereunder) on a non-pro rata basis.

Appears in 2 contracts

Samples: Credit Agreement (Phillips Edison & Company, Inc.), Credit Agreement (Phillips Edison & Company, Inc.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans Advances and/or the Commitment assigned, except that this clause (b)(iiii) 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 basisAdvances.

Appears in 2 contracts

Samples: Credit Agreement (Scholastic Corp), Credit Agreement (Scholastic Corp)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning XxxxxxLxxxxx’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 (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 2 contracts

Samples: Credit Agreement (Zeta Global Holdings Corp.), Credit Agreement (Zeta Global Holdings Corp.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning XxxxxxLender’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 (b)(iiii) 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 Xxxxxx’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 (b)(iiii) 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 Xxxxxx’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 (b)(iiii) 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 2 contracts

Samples: Credit Agreement (Smith & Wesson Brands, Inc.), Credit Agreement (Smith & Wesson Brands, Inc.)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning XxxxxxLxxxxx’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 (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 1 contract

Samples: Credit Agreement (Hecla Mining Co/De/)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning XxxxxxLxxxxx’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 (b)(iiii) 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 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 Xxxxxx’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 (b)(iiii) 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 separate Facilities in respect of its Revolving Commitment (and the related Revolving Loans thereunder) on a non-pro rata basis.;

Appears in 1 contract

Samples: Credit Agreement (Stifel Financial Corp)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’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 (b)(iiii) 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.Swing Line Loans;

Appears in 1 contract

Samples: Credit Agreement (Retail Opportunity Investments Partnership, LP)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’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 (b)(iiii) shall not (A) apply to rights in respect of the Swingline LenderSwing Line Bank’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 Revolving Facility and the Term Facility on a non-pro rata basis.;

Appears in 1 contract

Samples: Credit Agreement (CBIZ, Inc.)

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Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s or Issuing Bank’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or Advance or the Commitment assigned, except that this clause (b)(iiii) 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 basisbasis and (B) apply to any Swingline Lender’s rights and obligations in respect of Swingline Advances.

Appears in 1 contract

Samples: Credit Agreement (Td Synnex Corp)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’s rights and obligations under this Agreement and the other Loan Documents with respect to the Loans and/or or the Commitment assigned, assigned except that this clause (b)(iiii) shall not (Ax) apply to the Swingline 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 1 contract

Samples: Credit Agreement (BioArray Solutions LTD)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’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 (b)(iiii) 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

Samples: Credit Agreement (Benchmark Electronics Inc)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning XxxxxxLender’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 (b)(iiii) 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

Samples: Credit Agreement (U S Physical Therapy Inc /Nv)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’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 (b)(iiii) 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

Samples: Credit Agreement (Amedisys Inc)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning XxxxxxLender’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 (b)(iiii) 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 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 Xxxxxx’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 (b)(iiii) 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 1 contract

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 Xxxxxx’s Lendxx’x 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 (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

Samples: Credit Agreement (Radiant Logistics, Inc)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning XxxxxxLender’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 (b)(iiii) 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

Samples: Credit Agreement (Benchmark Electronics Inc)

Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Xxxxxx’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 (b)(iiii) 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

Samples: 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 Xxxxxx’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 (b)(iiii) 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.;

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 Xxxxxx’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 (b)(iiii) 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-pronon-pro rata basis.

Appears in 1 contract

Samples: Credit Agreement (Blackbaud Inc)

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