Proportionate Interests. Except as otherwise provided in this Agreement, any reference to the aggregate or combined rights, interests and obligations of Holders under the Notes, including security interests in the Collateral, shall be a reference to the ratio of (a) the aggregate outstanding principal amount of such referenced Holders’ Notes to (b) the aggregate outstanding principal amount of all Notes. Any reference in this Agreement to an allocation between or sharing by the Holders of any right, interest or obligation “ratably,” “proportionally” or in similar terms shall refer to this ratio.
Proportionate Interests. Except as otherwise provided in this Agreement, the rights, interests, and obligations of each Bank under this Agreement and the Loan Documents at any time shall be shared in the ratio of (a) the maximum amount the Bank has committed to advance as set forth on the signature page signed by the Bank to (b) the Committed Line. Any reference in this Agreement or the Loan Documents to an allocation between or sharing by the Banks of any right, interest, or duty "ratably," "proportionally," "pro rata," or in similar terms shall refer to this ratio. No Bank is obligated to advance any funds in lieu of or for the account of the other Bank if the latter Bank fails to make such Advance.
Proportionate Interests. Except for Optional Currency Advances, which shall be the sole responsibility of BofH, and except as otherwise provided in this Agreement, the rights, interests, and obligations of each Bank under this Agreement and the Loan Documents at any time shall be shared in the ratio of (a) the maximum amount the Bank has committed to advance as set forth on the signature page signed by the Bank to (b) the Committed Line. Any reference in this Agreement or the Loan Documents to an allocation between or sharing by the Banks of any right, interest, or duty "ratably," "proportionally," "pro rata," or in similar terms shall refer to this ratio. No Bank is obligated to advance any funds in lieu of or for the account of the other Bank if the latter Bank fails to make such Advance.
Proportionate Interests. Except as otherwise provided in this Agreement, the rights, interests, and obligations of each Bank under this Agreement and the Loan Documents at any time shall be shared in the ratio (expressed as a percentage) of (a) the maximum amount the Bank has committed to advance as set forth on the signature page signed by the Bank to (b) the Committed Revolving Line (the "PERCENTAGE SHARE"). Any reference in this Agreement or the Loan Documents to an allocation between or sharing by the Banks of any right, interest, or duty "ratably," "proportionally," "pro rata" or in similar terms shall refer to this ratio.
Proportionate Interests. Notwithstanding any provisions of this Agreement, including, without limitation, this Article 4, Lessee shall have the right to hold or acquire rights to geothermal resources leased from others claiming any interest arising after the date hereof in any part of said land deemed necessary by Lessee for its operations hereunder and to withhold in escrow from Lessor payment of rentals, royalties, and other payments attributable to any such interest so claimed or to any other interest arising after the date hereof, which is subject to adverse claim, dispute, or litigation, and the same shall not be due until the ownership of such interest has been determined, and Lessee shall not thereby be held in default of any provision hereof or to have disputed Lessor's title. If and whenever it shall be necessary so to do in order to protect Lessee's interest under this Lease or Lessee's Property (as hereinafter defined), Lessee may at its option, after Sixty (60) days notice to Lessor and opportunity to cure (or a shorter period of time if failure to cure within such period would cause all or a portion of Lessee's interest hereunder or Lessee's Property to be lost), pay and discharge at any time any mortgage or other lien now or hereunder attaching to said land or any part thereof and in such event Lessee shall be subrogated to all of the rights of the owner or holder of such mortgage or other lien. Thereafter, Lessee may, at its option, apply to the discharge of any such mortgage, or other lien, or to the reimbursement to Lessee for any amount so paid by it, any rentals, royalties, or other sums accruing or payable hereunder to the owner of the lands to which such mortgage or other lien attaches. This may only be done if, in the absence of such discharge or payment by Lessee, all or a portion of Lessee's interest hereunder or Lessee's Property would have been lost.
Proportionate Interests. Except as otherwise provided in this Agreement, all of the rights, interests and obligations of each Lender under the Loan Documents to which it is a party, including security interests in the Collateral, shall be shared by the Lenders pari passu in the ratio of (a) the aggregate original principal amount of such Lender's loans to Borrower under the applicable Note, to (b) the aggregate original principal amount of all loans to Borrower under the Notes. Any reference in this Agreement to an allocation between or sharing by the Lenders of any right, interest or obligation "ratably," "pro rata" or "proportionally" or in similar terms shall refer to this ratio.
Proportionate Interests. Except as otherwise provided in this Agreement, all of the rights, interests and obligations of each Lender under the Loan Agreements and related Loan Documents, including security interests in the Collateral under the Loan Agreements, shall be shared by the Lenders in the ratio of (a) the aggregate outstanding principal amount of such Lender’s Loans to Borrower under the applicable Loan Agreement, to (b) the aggregate outstanding principal amount of all Loans of Lenders to Borrower under the Loan Agreements. Any reference in this Agreement to an allocation between or sharing by the Lenders of any right, interest or obligation “ratably,” “proportionally” or in similar terms shall refer to this ratio. The provisions hereof shall apply irrespective of the time or order of attachment or perfection of security interests, or the time or order of filing or recording of financing statements. [Use following version of Section 2.2 where the two Lenders are entering into simultaneous, initial loan commitments to the same borrower]
Proportionate Interests. Except as otherwise provided in this Agreement, all of the rights, interests and obligations of each Lender under the Note and the other Loan Documents, including the Lenders’ respective security interests in the Collateral, shall be shared by the Lenders in the ratio of (a) the aggregate outstanding amount (including principal and accrued interest) of the Borrower Advances funded by such Lender to (b) the aggregate outstanding amount (including principal and interest) of the Loan to Borrower. Any reference in this Agreement to a Lender’s “share” or an allocation between or sharing by the Lenders of any right, interest or obligation “pro rata,” “ratably,” “proportionally” or in similar terms shall refer to this ratio.
Proportionate Interests. Whenever in this Agreement Shareholders are given the right or option to purchase shares of Stock in proportion to the Shareholders’respective interests in the Stock of the Corporation, or in proportion to the number of shares of Stock held by each, such right or option with respect to shares of any class or series of Stock shall be in proportion to the number of shares of such class or series held by each such Shareholder. For example, if an option arises under this Agreement to purchase common stock, then such right shall be exercisable only by the stockholders of record of that class of common stock in proportion to the number of shares of such class held by each.
Proportionate Interests. Each of the parties to this Agreement ------------------------ recognizes that the proportionate interests in the Loan are set forth in Annex I to this Agreement, and that each Lender shall be entitled to direct payment by the Borrower of its proportionate interest of each payment of principal, interest, fees and other disbursements hereunder, and that the security interests and other benefits granted pursuant to this Agreement and the Exhibits hereto shall inure to the benefit of each Lender in proportion to their interest in the Loan, in each case as set forth in Annex I to this Agreement. Each Lender further agrees to bear its proportionate share of all expenses incurred in connection with this Agreement.
