Common use of Relationship with the Facility Clause in Contracts

Relationship with the Facility. (a) This Subclause applies when a Swingline Loan is outstanding or is to be borrowed. (b) The Swingline Facility is not independent of the Facility. (c) Notwithstanding any other term of this Agreement a Lender is only obliged to participate in a Loan to the extent that it would not result in its participation and that of a Lender which is its Affiliate in the Loans exceeding its Overall Commitment. (d) Where, but for the operation of paragraph (c) above, the Base Currency Amount of a Lender’s participation and that of a Lender which is its Affiliate in the Loans would have exceeded its Overall Commitment, the excess will be apportioned among the other Lenders participating in the relevant Loan pro rata according to their relevant Commitments. This calculation will be applied as often as necessary until the Loan is apportioned among the relevant Lenders in a manner consistent with paragraph (c) above.

Relationship with the Facility. (a) This Subclause applies when a Swingline Loan is outstanding or is to be borrowed. (b) The Swingline Facility is not independent of the Facility. (c) Notwithstanding any other term of this Agreement a Lender is only obliged to participate in a Facility Loan or a Swingline Loan to the extent that it would not result in the Base Currency Amount of its participation and that of a Lender which is its Affiliate in the Facility Loans (including the Swingline Loans) exceeding its Overall Facility Commitment. (db) Where, but for the operation of paragraph (ca) above, the Base Currency Amount of a Lender’s participation and that of a Lender which is its Affiliate in the Facility Loans (including the Swingline Loans) would have exceeded its Overall Facility Commitment, the excess will be apportioned among the other Lenders participating in the relevant Loan pro rata according to their relevant Commitments. This calculation will be applied as often as necessary until the Loan is apportioned among the relevant Lenders in a manner consistent with paragraph (ca) above.

Relationship with the Facility. (a) This Subclause applies when a Swingline Loan is outstanding or is to be borrowed. (b) The Facility may be used by way of Swingline Loans. The Swingline Facility is not independent of the Facility. (c) Notwithstanding any other term of this Agreement a Lender is only obliged to participate in a Loan to the extent that it would not result in the Base Currency Amount of its participation and that of a Lender which is its Affiliate in the Loans exceeding its Overall Commitment. (d) Where, but for the operation of paragraph (c) above, the Base Currency Amount of a Lender’s participation and that of a Lender which is its Affiliate in the Loans would have exceeded its Overall Commitment, the excess will be apportioned among the other Lenders participating in the relevant Loan pro rata according to their relevant Commitments. This calculation will be applied as often as necessary until the Loan is apportioned among the relevant Lenders in a manner consistent with paragraph (c) above.