Common use of Ratable Payments Clause in Contracts

Ratable Payments. If any Lender, whether by setoff or otherwise, has payment made to it upon its Credit Exposure (other than payments received pursuant to Section 3.1, 3.2, 3.4 or 3.5) in a greater proportion than that received by any other Lender, such Lender agrees, promptly upon demand, to purchase a portion of the Aggregate Credit Exposure held by the other Lenders so that after such purchase each Lender will hold its Pro Rata Share of the Aggregate Credit Exposure. If any Lender, whether in connection with setoff or amounts which might be subject to setoff or otherwise, receives collateral or other protection for its Secured Obligations or such amounts which may be subject to setoff, such Lender agrees, promptly upon demand, to take such action necessary such that all Lenders share in the benefits of such collateral ratably in proportion to respective Pro Rata Share of the Aggregate Credit Exposure. In case any such payment is disturbed by legal process, or otherwise, appropriate further adjustments shall be made.

Appears in 25 contracts

Samples: Credit Agreement (Star Group, L.P.), Credit Agreement (Star Group, L.P.), Credit Agreement (Star Group, L.P.)

AutoNDA by SimpleDocs

Ratable Payments. If any Lender, whether by setoff or otherwise, has payment made to it upon its Outstanding Credit Exposure (other than payments received pursuant to Section 3.1, 3.2, 3.4 or 3.5) in a greater proportion than that received by any other Lender, such Lender agrees, promptly upon demand, to purchase a portion of the Aggregate Outstanding Credit Exposure held by the other Lenders so that after such purchase each Lender will hold its Pro Rata Share of the Aggregate Outstanding Credit Exposure. If any Lender, whether in connection with setoff or amounts which might be subject to setoff or otherwise, receives collateral or other protection for its Secured Obligations or such amounts which may be subject to setoff, such Lender agrees, promptly upon demand, to take such action necessary such that all Lenders share in the benefits of such collateral ratably in proportion to their respective Pro Rata Share of the Aggregate Credit ExposureShares. In case any such payment is disturbed by legal process, or otherwise, appropriate further adjustments shall be made.

Appears in 5 contracts

Samples: Credit Agreement (Blueknight Energy Partners, L.P.), Credit Agreement (Portland General Electric Co /Or/), Credit Agreement (Portland General Electric Co /Or/)

Ratable Payments. If any Lender, whether by setoff or otherwise, has payment made to it upon its Outstanding Revolving Credit Exposure (other than payments received pursuant to Section 3.1, 3.2, 3.4 or 3.5) in a greater proportion than that received by any other Lender, such Lender agrees, promptly upon demand, to purchase a portion of participation in the Aggregate Outstanding Revolving Credit Exposure held by the other Lenders so that after such purchase each Lender will hold its Revolving Loan Pro Rata Share of the Aggregate Credit ExposureShare. If any Lender, whether in connection with setoff or amounts which might be subject to setoff or otherwise, receives collateral or other protection for its Secured Obligations or such amounts which may be subject to setoff, such Lender agrees, promptly upon demand, to take such action necessary such that all Lenders share in the benefits of such collateral ratably in proportion to their respective Revolving Loan Pro Rata Share of the Aggregate Credit ExposureShares. In case any such payment is disturbed by legal process, or otherwise, appropriate further adjustments shall be made.

Appears in 4 contracts

Samples: Credit Agreement (Encore Capital Group Inc), Credit Agreement (Abx Air Inc), Credit Agreement (Encore Capital Group Inc)

Ratable Payments. If any Lender, whether by setoff or otherwise, has payment made to it upon its Credit Exposure share of any Advance (other than payments received pursuant to Section 3.1, 3.2, 3.4 or 3.5) in a greater proportion than that received by any other LenderLender having a share of such Advance, such Lender agrees, promptly upon demand, to purchase a portion of the Aggregate Credit Exposure Loans comprising that Advance held by the other Lenders so that after such purchase each Lender will hold its Pro Rata Share ratable proportion of the Aggregate Credit ExposureLoans comprising that Advance. If any Lender, whether in connection with setoff or amounts which might be subject to setoff or otherwise, receives collateral or other protection for its Secured Obligations or such amounts which may be subject to setoff, such Lender agrees, promptly upon demand, to take such action necessary such that all Lenders share in the benefits of such collateral ratably in proportion to respective Pro Rata Share of the Aggregate Credit Exposuretheir Loans. In case any such payment is disturbed by legal process, or otherwise, appropriate further adjustments shall be made.

Appears in 3 contracts

Samples: 364 Day Credit Agreement (General Dynamics Corp), Amendment and Restatement Agreement (General Dynamics Corp), Five Year Credit Agreement (General Dynamics Corp)

Ratable Payments. If any Lender, whether by setoff or otherwise, has payment made to it upon its Credit Exposure Reimbursement Obligations (other than payments received pursuant to Section 3.1, 3.2, 3.4 3.2 or 3.53.3) in a greater proportion than that received by any other Lender, such Lender agrees, promptly upon demand, to purchase a portion participation interests in Letters of Credit, as the Aggregate Credit Exposure case may be, held by the other Lenders so that after such purchase each Lender will hold its Pro Rata Share ratable proportion of the Aggregate Credit Exposuresuch participation interests in Letters of Credit. If any Lender, whether in connection with setoff or amounts which might be subject to setoff or otherwise, receives collateral or other protection for its Secured Obligations or such amounts which may be subject to setoff, such Lender agrees, promptly upon demand, to take such action necessary such that all Lenders share in the benefits of such collateral ratably in proportion to respective Pro Rata Share of the Aggregate Credit Exposuretheir Commitments. In case any such payment is disturbed by legal process, or otherwise, appropriate further adjustments shall be made.

Appears in 3 contracts

Samples: Letter of Credit Agreement (Navigators Group Inc), Letter of Credit Agreement (Navigators Group Inc), Funds at Lloyd’s Letter of Credit Agreement (Navigators Group Inc)

Ratable Payments. If any Lender, whether by setoff or otherwise, has payment made to it upon its Outstanding Credit Exposure (other than payments received pursuant to Section 2.20, 3.1, 3.2, 3.4 or 3.5) in a greater proportion than that received by any other Lender, such Lender agrees, promptly upon demand, to purchase a portion of the Aggregate Outstanding Credit Exposure held by the other Lenders so that after such purchase each Lender will hold its Pro Rata Share of the Aggregate Outstanding Credit Exposure. If any Lender, whether in connection with setoff or amounts which might be subject to setoff or otherwise, receives collateral or other protection for its Secured Obligations or such amounts which may be subject to setoff, such Lender agrees, promptly upon demand, to take such action necessary such that all Lenders share in the benefits of such collateral ratably in proportion to their respective Pro Rata Share of the Aggregate Credit ExposureShares. In case any such payment is disturbed by legal process, or otherwise, appropriate further adjustments shall be made.

Appears in 3 contracts

Samples: Credit Agreement (Portland General Electric Co /Or/), Credit Agreement (Portland General Electric Co /Or/), Credit Agreement (Portland General Electric Co /Or/)

Ratable Payments. If any Lender, whether by setoff set off or otherwise, ---------------- has payment made to it upon its Credit Exposure Loans (other than payments received pursuant to Section 3.1, 3.2, 3.4 or 3.5) in a greater proportion than that received by any other LenderLender in terms of its Pro Rata Share, such Lender agrees, promptly upon demand, to purchase a portion of the Aggregate Credit Exposure Loans held by the other Lenders so that after such purchase each Lender will hold its Pro Rata Share ratable proportion of Loans after taking into effect the Aggregate Credit Exposureaforementioned payment and purchase. If any Lender, whether in connection with setoff set off or amounts which might be subject to setoff set off or otherwise, receives collateral or other protection for its Secured Obligations or such amounts which may be subject to setoffset off, such Lender agrees, promptly upon demand, to take such action necessary such that all Lenders share in the benefits of such collateral ratably in proportion to respective Pro Rata Share of the Aggregate Credit Exposuretheir Loans. In case any such payment is disturbed by legal process, or otherwise, appropriate further adjustments shall be made.

Appears in 2 contracts

Samples: Credit Agreement (Finish Line Inc /De/), Credit Agreement (Finish Line Inc /De/)

Ratable Payments. If any Lender, whether by setoff or ---------------- otherwise, has payment made to it upon its Credit Exposure share of any Advance (other than payments received pursuant to Section Sections 3.1, 3.2, 3.4 3.2 or 3.53.4) in a greater ------------ --- --- proportion than that received by any other Lender, such Lender agrees, promptly upon demand, to purchase a portion of the Aggregate Credit Exposure Loans comprising that Advance held by the other Lenders so that after such purchase each Lender will hold its Pro Rata Share ratable proportion of the Aggregate Credit ExposureLoans comprising that Advance. If any Lender, whether in connection with setoff or amounts which might be subject to setoff or otherwise, receives collateral or other protection for its Secured Obligations or such amounts which may be subject to setoff, such Lender agrees, promptly upon demand, to take such action necessary such that all Lenders share in the benefits of such collateral ratably in proportion to respective Pro Rata Share of the Aggregate Credit Exposuretheir Loans. In case any such payment is disturbed by legal process, or otherwise, appropriate further adjustments shall be made.

Appears in 2 contracts

Samples: Credit Agreement (Gardner Denver Inc), Credit Agreement (Gardner Denver Inc)

Ratable Payments. If any Lender, whether by setoff or otherwise, has payment made to it upon its Revolving Credit Exposure (other than payments received pursuant to Section 3.1, 3.2, 3.4 or 3.5) in a greater proportion than that received by any other Lender, such Lender agrees, promptly upon demand, to purchase a portion of the Aggregate Credit Exposure held by the other Lenders so that after such purchase each Lender will hold its Pro Rata Share of the Aggregate Credit Exposure. If any Lender, whether in connection with setoff or amounts which might be subject to setoff or otherwise, receives collateral or other protection for its Secured Obligations or such amounts which may be subject to setoff, such Lender agrees, promptly upon demand, to take such action necessary such that all Lenders share in the benefits of such collateral ratably in proportion to their respective Pro Rata Share Shares of the Aggregate Revolving Credit Exposure. In case any such payment is disturbed by legal process, or otherwise, appropriate further adjustments shall be made.

Appears in 2 contracts

Samples: Credit Agreement (Ryland Group Inc), Credit Agreement (Ryland Group Inc)

Ratable Payments. If any Lender, whether by setoff or otherwise, has payment made to it upon its Outstanding Credit Exposure (other than payments received pursuant to Section 3.1, 3.2, 3.4 or 3.5Article III) in a greater proportion than that received by any other Lender, such Lender agrees, promptly upon demand, to purchase a portion of the Aggregate Outstanding Credit Exposure held by the other Lenders so that after such purchase each Lender will hold its Pro Rata Share of the Aggregate Outstanding Credit Exposure. If any Lender, whether in connection with setoff or amounts which might be subject to setoff or otherwise, receives collateral or other protection for its Secured Obligations or such amounts which may be subject to setoff, such Lender agrees, promptly upon demand, to take such action necessary such that all Lenders share in the benefits of such collateral ratably in proportion to their respective Pro Rata Share Shares of the Aggregate Outstanding Credit Exposure. In case any such payment is disturbed by legal process, or otherwise, appropriate further adjustments shall will be made.

Appears in 2 contracts

Samples: Senior Credit Agreement (Unit Corp), Credit Agreement (Unit Corp)

Ratable Payments. If any Lender, whether by setoff set off or otherwise, has payment made to it upon its Credit Exposure Loans (other than payments received pursuant to Section 3.1, 3.2, 3.4 3.2 or 3.53.4) in a greater proportion than that received by any other LenderLender in terms of its Pro Rata Share, such Lender agrees, promptly upon demand, to purchase a portion of the Aggregate Credit Exposure Loans held by the other Lenders so that after such purchase each Lender will hold its Pro Rata Share ratable proportion of Loans after taking into effect the Aggregate Credit Exposureaforementioned payment and purchase. If any Lender, whether in connection with setoff set off or amounts which might be subject to setoff set off or otherwise, receives collateral or other protection for its Secured Obligations or such amounts which may be subject to setoffset off, such Lender agrees, promptly upon demand, to take such action necessary such that all Lenders share in the benefits of such collateral ratably in proportion to respective Pro Rata Share of the Aggregate Credit Exposuretheir Loans. In case any such payment is disturbed by legal process, or otherwise, appropriate further adjustments shall be made.

Appears in 1 contract

Samples: Credit Agreement (Lilly Industries Inc)

Ratable Payments. If any Lender, whether by setoff or otherwise, has payment made to it upon its Credit Exposure (other than payments received pursuant to Section 3.1, 3.2, 3.4 or 3.5) in a greater proportion than that received by any other Lender, such Lender agrees, promptly upon demand, to purchase a portion of the Aggregate Credit Exposure held by the other Lenders so that after such purchase each Lender will hold its Pro Rata Share of the Aggregate Credit Exposure. If any Lender, whether in connection with setoff or amounts which might be subject to setoff or otherwise, receives collateral or other protection for its Secured Obligations or such amounts which may be subject to setoff, such Lender agrees, promptly upon demand, to take such action necessary such that all Lenders share in the benefits of such collateral ratably in proportion to respective Pro Rata Share of the Aggregate Credit Exposure. In case any such payment is disturbed by legal process, or otherwise, appropriate further adjustments shall be made.

Appears in 1 contract

Samples: Term Credit Agreement (Newpark Resources Inc)

Ratable Payments. If any Lender, whether by setoff or otherwise, has ---------------- payment made to it upon its Credit Exposure Loans (other than payments received pursuant to Section 3.1Sections 2.14(E), 3.24.1, 3.4 4.2 or 3.54.4) in a greater proportion than that received by ---------------- --- --- --- any other Lender, such Lender agrees, promptly upon demand, to purchase a portion of the Aggregate Credit Exposure Loans held by the other Lenders so that after such purchase each Lender will hold its Pro Rata Share ratable proportion of the Aggregate Credit ExposureLoans. If any Lender, whether in connection with setoff or amounts which might be subject to setoff or otherwise, receives collateral or other protection for its Secured Obligations or such amounts which may be subject to setoff, such Lender agrees, promptly upon demand, to take such action necessary such that all Lenders share in the benefits of such collateral ratably in proportion to respective Pro Rata Share of the Aggregate Credit ExposureObligations owing to them. In case any such payment is disturbed by legal process, or otherwise, appropriate further adjustments shall be made.

Appears in 1 contract

Samples: Credit Agreement (Roper Industries Inc /De/)

Ratable Payments. If any Lender, whether by setoff or otherwise, has payment made to it upon its Credit Exposure Syndicated Loans (other than payments received pursuant to Section SECTION 3.1, 3.2, 3.4 3.2 or 3.53.4) in a greater proportion than that received by any other Lender, such Lender agrees, promptly upon demand, to purchase a portion of the Aggregate Credit Exposure Syndicated Loans held by the other Lenders so that after such purchase each Lender will hold its Pro Rata Share ratable proportion of the Aggregate Credit ExposureSyndicated Loans. If any Lender, 81 whether in connection with setoff or amounts which might be subject to setoff or otherwise, receives collateral or other protection for its Secured Obligations or such amounts which may be subject to setoff, such Lender agrees, promptly upon demand, to take such action necessary such that all Lenders share in the benefits of such collateral ratably in proportion to respective Pro Rata Share of the Aggregate Credit Exposuretheir Syndicated Loans. In case any such payment is disturbed by legal process, or otherwise, appropriate further adjustments shall be made.

Appears in 1 contract

Samples: Credit Agreement (TJX Companies Inc /De/)

Ratable Payments. If any Lender, whether by setoff or otherwise, has payment made to it upon its Outstanding Revolving Credit Exposure (other than payments received pursuant to Section 3.1, 3.2, 3.4 or 3.5) in a greater proportion than that received by any other Lender, such Lender agrees, promptly upon demand, to purchase a portion of participation in the Aggregate Outstanding Revolving Credit Exposure held by the other Lenders so that after such purchase each Lender will hold its Pro Rata Share of the Aggregate Credit Exposureand Revolving Loan Pro Rata Share. If any Lender, whether in connection with setoff or amounts which might be subject to setoff or otherwise, receives collateral or other protection for its Secured Obligations or such amounts which may be subject to setoff, such Lender agrees, promptly upon demand, to take such action necessary such that all Lenders share in the benefits of such collateral ratably in proportion to their respective Pro Rata Share of the Aggregate Credit ExposureShares. In case any such payment is disturbed by legal process, or otherwise, appropriate further adjustments shall be made.

Appears in 1 contract

Samples: Credit Agreement (Res Care Inc /Ky/)

Ratable Payments. If any Lender, whether by setoff or ---------------- otherwise, has payment made to it upon its Credit Exposure share of any Advance (other than payments received pursuant to Section 3.1Sections 2.17.1, 3.22.17.2, 3.4 2.17.3 or 3.52.17.5) in a greater proportion than that received by any other Lender, such Lender agrees, promptly upon demand, to purchase a portion of the Aggregate Credit Exposure Loans comprising that Advance held by the other Lenders so that after such purchase each Lender will hold its Pro Rata Share ratable proportion of the Aggregate Credit ExposureLoans comprising that Advance. If any Lender, whether in connection with setoff or amounts which might be subject to setoff or otherwise, receives collateral or other protection for its Secured Obligations or such amounts which may be subject to setoff, such Lender agrees, promptly upon demand, to take such action necessary such that all Lenders share in the benefits of such collateral ratably in proportion to respective Pro Rata Share of the Aggregate Credit Exposuretheir Loans. In case any such payment is disturbed by legal process, or otherwise, appropriate further adjustments shall be made.

Appears in 1 contract

Samples: Revolving Credit Agreement (BDM International Inc /De)

Ratable Payments. If any Lender, whether by setoff or otherwise, has payment made to it upon its Outstanding Credit Exposure (other than payments received pursuant to Section 3.1, 3.2, 3.4 or 3.5) in a greater proportion than that received by any other Lender, such Lender agrees, promptly upon demand, to purchase a portion of the Aggregate Outstanding Credit Exposure Loans held by the other Lenders so that after such purchase each Lender will hold its Pro Rata Share ratable proportion of the Aggregate Outstanding Credit Exposure. If any Lender, whether in connection with setoff or amounts which might be subject to setoff or otherwise, receives collateral or other protection for its Secured Obligations or such amounts which may be subject to setoff, such Lender agrees, promptly upon demand, to take such action necessary such that all Lenders share in the benefits of such collateral ratably in proportion to respective Pro Rata Share of the their Aggregate Outstanding Credit Exposure. In case any such payment is disturbed by legal process, or otherwise, appropriate further adjustments shall be made.

Appears in 1 contract

Samples: Credit Agreement (Daisytek International Corporation /De/)

Ratable Payments. If any Lender, whether by setoff or otherwiseotherwise (other than pursuant to Article XII, has payment made to it upon its Credit Exposure Syndicated Loans (other than payments received pursuant to Section Sections 3.1, 3.2, 3.4 or 3.5) in a greater proportion than that received by any other Lender, such Lender agrees, promptly upon demand, to purchase a portion of the Aggregate Credit Exposure Syndicated Loans held by the other Lenders so that after such purchase each Lender will hold its Pro Rata Share ratable proportion of the Aggregate Credit ExposureSyndicated Loans. If any Lender, whether in connection with setoff or amounts which might be subject to setoff or otherwise, receives collateral or other protection for its Secured Obligations Obligation or such amounts which may be subject to setoff, such Lender agrees, promptly upon demand, to take such action necessary such that all Lenders share in the benefits of such collateral ratably in proportion to respective Pro Rata Share of the Aggregate Credit Exposuretheir Syndicated Loans. In case any such payment is disturbed by legal process, or otherwise, appropriate further adjustments shall be made.

Appears in 1 contract

Samples: Credit Agreement (Wabash National Corp /De)

Ratable Payments. If any Lender, whether by setoff or otherwise, has payment made to it upon its Credit Exposure Loans under any Facility (other than payments received pursuant to Section Sections 3.1, 3.2, 3.4 or 3.53.4) in a greater proportion than that received by any other LenderLender under such Facility, such Lender agrees, promptly upon demand, to purchase a portion of the Aggregate Credit Exposure Loans held by the other Lenders under such Facility so that after such purchase each Lender will hold its Pro Rata Share ratable proportion of the Aggregate Credit ExposureLoans under such Facility. If any Lender, whether in connection with setoff or amounts which might be subject to setoff or otherwise, receives collateral or other protection for its Secured Obligations or such amounts which may be subject to setoff, such Lender agrees, promptly upon demand, to take such action necessary such that all Lenders share in the benefits of such collateral ratably in proportion to respective Pro Rata Share of the Aggregate Credit Exposuretheir Loans. In case any such payment is disturbed by legal process, or otherwise, appropriate further adjustments shall be made.

Appears in 1 contract

Samples: Credit Agreement (Northland Cable Television Inc)

AutoNDA by SimpleDocs

Ratable Payments. If any Lender, whether by setoff or otherwise, has payment made to it upon its Outstanding Credit Exposure (other than payments received pursuant to Section 3.1, 3.2, 3.4 or 3.5) in a greater proportion than that received by any other Lender, such Lender agrees, promptly upon demand, to purchase a portion of the Aggregate Outstanding Credit Exposure held by the other Lenders so that after such purchase each Lender will hold its Pro Rata Share ratable proportion of the Aggregate Outstanding Credit Exposure. If any Lender, whether in connection with setoff or amounts which might be subject to setoff or otherwise, receives collateral or other protection for its Secured Obligations or such amounts which may be subject to setoff, such Lender agrees, promptly upon demand, to take such action necessary such that all Lenders share in the benefits of such collateral ratably in proportion to their respective Pro Rata Share of the Aggregate Credit ExposureShares. In case any such payment is disturbed by legal process, or otherwise, appropriate further adjustments shall be made.

Appears in 1 contract

Samples: Credit Agreement (Portland General Electric Co /Or/)

Ratable Payments. If any Lender, whether by setoff or otherwise, has payment made to it upon its Credit Exposure Loans (other than payments received pursuant to Section SECTIONS 3.1, 3.2, 3.4 3.2 or 3.53.4) in a greater proportion than that received by any other Lender, such Lender agrees, promptly upon demand, to purchase a portion of the Aggregate Credit Exposure Loans and L/C Obligations held by the other Lenders so that after such purchase each Lender will hold its Pro Rata Share ratable proportion of the Aggregate Credit ExposureLoans and L/C Obligations. If any Lender, whether in connection with setoff or amounts which might be subject to setoff or otherwise, receives collateral or other protection for its Secured Obligations or such amounts which may be subject to setoff, such Lender agrees, promptly upon demand, to take such action necessary such that all Lenders share in the benefits of such collateral ratably in proportion to respective Pro Rata Share of the Aggregate Credit ExposureObligations owing to them. In case any such payment is disturbed by legal process, or otherwise, appropriate further adjustments shall be made.

Appears in 1 contract

Samples: Credit Agreement (Archibald Candy Corp)

Ratable Payments. If any Lender, whether by setoff or otherwise, has payment made to it upon its Credit Exposure the outstanding Loans made by it (other than payments received pursuant to Section 3.1, 3.2, 3.4 or 3.5) in a greater proportion than that received by any other Lender, such Lender agrees, promptly upon demand, to purchase a portion of the Aggregate Credit Exposure held outstanding Loans made by the other Lenders so that after such purchase each Lender will hold its Pro Rata Share ratable proportion of the Aggregate Credit Exposureall of Borrower’s outstanding Loans. If any Lender, whether in connection with setoff or amounts which might be subject to setoff or otherwise, receives collateral or other protection for its Secured Obligations the outstanding Loans made by it or such amounts which may be subject to setoff, such Lender agrees, promptly upon demand, to take such action necessary such that all Lenders share in the benefits of such collateral ratably in proportion to respective Pro Rata Share the outstanding Loans made by each of the Aggregate Credit Exposurethem. In case any such payment is disturbed by legal process, or otherwise, appropriate further adjustments shall be made.

Appears in 1 contract

Samples: Term Loan Agreement (Atlantic City Electric Co)

Ratable Payments. If any Lender, whether by setoff or otherwise, has ---------------- payment made to it upon its Credit Exposure Syndicated Loans (other than payments received pursuant to Section 3.1, 3.2, 3.4 or 3.5) in a greater proportion than that ----------- --- --- --- received by any other Lender, such Lender agrees, promptly upon demand, to purchase a portion of the Aggregate Credit Exposure Syndicated Loans held by the other Lenders so that after such purchase each Lender will hold its Pro Rata Share ratable proportion of the Aggregate Credit ExposureSyndicated Loans. If any Lender, whether in connection with setoff or amounts which might be subject to setoff or otherwise, receives collateral or other protection for its Secured Obligations or such amounts which may be subject to setoff, such Lender agrees, promptly upon demand, to take such action necessary such that all Lenders share in the benefits of such collateral ratably in proportion to respective Pro Rata Share of the Aggregate Credit Exposuretheir Syndicated Loans. In case any such payment is disturbed by legal process, or otherwise, appropriate further adjustments shall be made.

Appears in 1 contract

Samples: 364 Day Credit Agreement (Mead Corp)

Ratable Payments. If any Lender, whether by setoff or otherwise, has payment made to it upon its Credit Exposure Obligations (other than payments received pursuant to Section 3.12.12(E), 3.24.1, 3.4 4.2 or 3.54.4 or as otherwise provided herein) in a greater proportion than that received by any other Lender, such Lender agrees, promptly upon demand, to purchase a portion of the Aggregate Credit Exposure Obligations held by the other Lenders so that after such purchase each Lender will hold its Pro Rata Share ratable share of the Aggregate Credit Exposurerelevant Obligations in accordance with Section 12.4. If any Lender, whether in connection with setoff or amounts which might be subject to setoff or otherwise, receives collateral or other protection for its Secured Obligations or such amounts which may be subject to setoff, such Lender agrees, promptly upon demand, to take such action necessary such that all Lenders share in the benefits of such collateral ratably in proportion to respective Pro Rata Share of the Aggregate Credit Exposureobligations owing to them. In case any such payment is disturbed by legal process, process or otherwise, appropriate further adjustments shall be made.

Appears in 1 contract

Samples: Credit Agreement (Arvinmeritor Inc)

Ratable Payments. If any Lender, whether by setoff or otherwise, has payment made to it upon its Credit Revolving Exposure (other than payments received pursuant to Section 3.1, 3.2, 3.4 or 3.5) in a greater proportion than that received by any other Lender, such Lender agrees, promptly upon demand, to purchase a portion of the Aggregate Credit Revolving Exposure held by the other Lenders so that after such purchase each Lender will hold its Pro Rata Share of the Aggregate Credit Revolving Exposure. If any Lender, whether in connection with setoff or amounts which might be subject to setoff or otherwise, receives collateral or other protection for its Secured Obligations or such amounts which may be subject to setoff, such Lender agrees, promptly upon demand, to take such action necessary such that all Lenders share in the benefits of such collateral ratably in proportion to their respective Pro Rata Share Shares of the Aggregate Credit Revolving Exposure. In case any such payment is disturbed by legal process, or otherwise, appropriate further adjustments shall be made.

Appears in 1 contract

Samples: Credit Agreement (Cobiz Financial Inc)

Ratable Payments. If any Lender, whether by setoff or otherwise, has payment made to it upon its Credit Exposure the Loan (other than payments received pursuant to Section 3.1, 3.2, 3.4 or 3.5) in a greater proportion than that received by any other Lender (based on the Lender’s Commitment Percentages), such Lender agrees, promptly upon demand, to purchase a portion of the Aggregate Credit Exposure Loan held by the other Lenders so that after such purchase each Lender will hold its Pro Rata Share Commitment Percentage of the Aggregate Credit ExposureLoan. If any Lender, whether in connection with setoff or amounts which might be subject to setoff or otherwise, receives collateral or other protection for its Secured Obligations or such amounts which may be subject to setoff, such Lender agrees, promptly upon demand, to take such action necessary such that all Lenders share in the benefits of such collateral ratably in proportion to respective Pro Rata Share of the Aggregate Credit Exposuretheir Commitment Percentages. In case any such payment is disturbed by legal process, or otherwise, appropriate further adjustments shall be made.

Appears in 1 contract

Samples: Term Loan Agreement (Guild Holdings Co)

Ratable Payments. If any Lender, whether by setoff or otherwise, has payment made to it upon its Credit Exposure Advances (other than payments received pursuant expressly stated to Section 3.1, 3.2, 3.4 be payable to a specific Lender or 3.5on a non-pro-rata basis) in a greater proportion than that received by any other Lender, such Lender agrees, promptly upon demand, to purchase a portion of the Aggregate Credit Exposure Advances held by the other Lenders so that after such purchase each Lender will hold its Pro Rata Share ratable proportion of the Aggregate Credit ExposureAdvances. If any Lender, whether in connection with setoff or amounts which might be subject to setoff or otherwise, receives collateral or other protection for its Secured Obligations or such amounts which may be subject to setoff, such Lender agrees, promptly upon demand, to take such action necessary such that all Lenders share in the benefits of such collateral ratably in proportion to respective Pro Rata Share of the Aggregate Credit ExposureObligations owing to them. In case any such payment is disturbed by legal process, or otherwise, appropriate further adjustments shall be made.

Appears in 1 contract

Samples: Credit Agreement (McIi Holdings Usa Inc)

Ratable Payments. If any Lender, whether by setoff or otherwise, has payment made to it upon its Outstanding Credit Exposure (other than payments received pursuant to Section 3.1, 3.2, 3.4 3.4, 3.5 or 3.59.6) in a greater proportion than that received by any other Lender, such Lender agrees, promptly upon demand, to purchase a portion of the Aggregate Outstanding Credit Exposure held by the other Lenders so that after such purchase each Lender will hold its Pro Rata Share ratable proportion of the Aggregate Outstanding Credit Exposure. If any Lender, whether in connection with setoff or amounts which might be subject to setoff or otherwise, receives collateral or other protection for its Secured Obligations or such amounts which may be subject to setoff, such Lender agrees, promptly upon demand, to take such action necessary such that all Lenders share in the benefits of such collateral ratably in proportion to respective Pro Rata Share of the their Aggregate Outstanding Credit Exposure. In case any such payment is disturbed by legal process, or otherwise, appropriate further adjustments shall be made.

Appears in 1 contract

Samples: Credit Agreement (Aon Corp)

Ratable Payments. If any Lender, whether by setoff or otherwise, has ---------------- payment made to it upon the outstanding principal amount of its Credit Exposure Loans (other than payments received pursuant to Section 3.1, 3.2, 3.4 or 3.5) in a greater proportion than that received by any other Lender, such Lender agrees, promptly upon demand, to purchase a portion of the Aggregate Credit Exposure aggregate outstanding principal amount of the Loans held by the other Lenders so that after such purchase each Lender will hold its Pro Rata Share of the Aggregate Credit Exposureaggregate outstanding principal amount of the Loans. If any Lender, whether in connection with setoff or amounts which might be subject to setoff or otherwise, receives collateral or other protection for its Secured Obligations or such amounts which may be subject to setoff, such Lender agrees, promptly upon demand, to take such action necessary such that all Lenders share in the benefits of such collateral ratably in proportion to their respective Pro Rata Share of the Aggregate Credit ExposureShares. In case any such payment is disturbed by legal process, or otherwise, appropriate further adjustments shall be made.

Appears in 1 contract

Samples: Credit Agreement (Transit Group Inc)

Ratable Payments. If any Lender, whether by setoff or otherwise, has payment made to it upon its Credit Exposure (other than payments received pursuant to Section 3.1, 3.2, 3.4 or 3.5) in a greater proportion than that received by any other Lender, such Lender agrees, promptly upon demand, to purchase a portion of the Aggregate Credit Exposure held by the other Lenders so that after such purchase each Lender will hold its Pro Rata Share of the Aggregate Credit Exposure. If any Lender, whether in connection with setoff or amounts which might be subject to setoff or otherwise, receives collateral or other protection for its Secured Obligations or such amounts which may be subject to setoff, such Lender agrees, promptly upon demand, to take such action necessary such that all Lenders share in the benefits of such collateral ratably in proportion to based upon their respective Pro Rata Share of the Aggregate Credit ExposureShare. In case any such payment is disturbed by legal process, or otherwise, appropriate further adjustments shall be made.

Appears in 1 contract

Samples: Credit Agreement (CompuCredit Holdings Corp)

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