Right of Lenders to Fund through Branches and Affiliates. Each Lender (including without limitation the Swing Line Lender) may, if it so elects, fulfill its commitment as to any Advance hereunder by designating a branch or Affiliate of such Lender to make such Advance; provided that (a) such Lender shall remain solely responsible for the performances of its obligations hereunder and (b) no such designation shall result in any material increased costs to the Borrower.
Appears in 12 contracts
Samples: Credit Agreement (Accolade, Inc.), Credit Agreement (Accolade, Inc.), Revolving Credit Agreement (Dragonwave Inc)
Right of Lenders to Fund through Branches and Affiliates. Each Lender (including without limitation the Swing Line Lender) may, if it so elects, fulfill its commitment as to any Advance Borrowing hereunder by designating a branch or Affiliate of such Lender to make such AdvanceBorrowing; provided that (a) such Lender shall remain solely responsible for the performances of its obligations hereunder and (b) no such designation shall result in any material increased costs to the Borrower.
Appears in 11 contracts
Samples: Credit Agreement (PDC Energy, Inc.), Credit Agreement (Callon Petroleum Co), Credit Agreement (PDC Energy, Inc.)
Right of Lenders to Fund through Branches and Affiliates. Each Lender (including without limitation the Swing Line Lender) may, if it so elects, fulfill its commitment as to any Advance hereunder by designating a branch or Affiliate of such Lender to make such Advance; provided that (a) such Lender shall remain solely responsible for the performances of its obligations hereunder and (b) no such designation shall result in any material increased costs to the Borrower.
Appears in 10 contracts
Samples: Credit Agreement (Universal Truckload Services, Inc.), Revolving Credit and Term Loan Agreement (Universal Truckload Services, Inc.), Credit Agreement (Matador Resources Co)
Right of Lenders to Fund through Branches and Affiliates. Each Lender (including without limitation the Swing Line Lender) may, if it so elects, fulfill its commitment as to any Advance hereunder by designating a branch or Affiliate of such Lender to make such Advance; provided that (a) such Lender shall remain solely responsible for the performances of its obligations hereunder and (b) no such designation shall result in any material increased costs to the BorrowerBorrowers.
Appears in 7 contracts
Samples: Credit Agreement (Archaea Energy Inc.), Revolving Credit and Term Loan Agreement (Archaea Energy Inc.), Revolving Credit and Term Loan Agreement (Archaea Energy Inc.)
Right of Lenders to Fund through Branches and Affiliates. Each Lender (including without limitation the Swing Line Lender) may, if it so elects, fulfill its commitment as to any Advance hereunder by designating a branch or Affiliate of such Lender to make such Advance; provided that (a) such Lender shall remain solely responsible for the performances of its obligations hereunder and (b) no such designation shall result in any material increased costs to the BorrowerBorrowers.
Appears in 6 contracts
Samples: Credit Agreement (Multimedia Games Holding Company, Inc.), Credit Agreement (National Technical Systems Inc /Ca/), Credit Agreement (Sterling Construction Co Inc)
Right of Lenders to Fund through Branches and Affiliates. Each Lender (including without limitation the Swing Line Lender) may, if it so elects, fulfill its commitment as to any Advance hereunder by designating a branch or Affiliate of such Lender to make such Advance; provided that (a) such Lender shall remain solely responsible for the performances of its obligations hereunder and (b) no such designation shall result in any material increased costs to the BorrowerBorrowers.
Appears in 4 contracts
Samples: Term Loan Agreement (RetailMeNot, Inc.), Revolving Credit Agreement (Microsemi Corp), Revolving Credit and Term Loan Agreement (Obagi Medical Products, Inc.)
Right of Lenders to Fund through Branches and Affiliates. Each Lender (including without limitation the Swing Line Lender) may, if it so elects, fulfill its commitment as to any Advance hereunder by designating a branch or Affiliate of such Lender to make such Advance; provided that (a) such Lender shall remain solely responsible for the performances of its obligations hereunder and (b) no such designation shall result in any material increased costs to the Borrower.
Appears in 4 contracts
Samples: Credit Agreement (Matador Resources Co), Credit Agreement (Matador Resources Co), Mortgage Warehousing Agreement (M I Homes Inc)
Right of Lenders to Fund through Branches and Affiliates. Each Lender (including without limitation the Swing Line Lender) may, if it so elects, fulfill its commitment as to any Advance Borrowing hereunder by designating a branch or Affiliate of such Lender to make such AdvanceBorrowing; provided that (a) such Lender shall remain solely responsible for the performances of its obligations hereunder and (b) no such designation shall result in any material increased costs to the Borrower.
Appears in 4 contracts
Samples: Credit Agreement (Civitas Resources, Inc.), Credit Agreement (Civitas Resources, Inc.), Credit Agreement (Civitas Resources, Inc.)
Right of Lenders to Fund through Branches and Affiliates. Each Lender (including without limitation the Swing Line Lender) may, if it so elects, fulfill its commitment as to any Advance hereunder by designating a branch or Affiliate of such Lender to make such Advance; provided that (a) such Lender shall remain solely responsible for the performances of its obligations hereunder and (b) no such designation shall result in any material increased costs to the BorrowerBorrower or the Agent.
Appears in 3 contracts
Samples: Revolving Credit and Term Loan Agreement (Montauk Renewables, Inc.), Revolving Credit and Term Loan Agreement (GLAUKOS Corp), Revolving Credit and Term Loan Agreement (GLAUKOS Corp)
Right of Lenders to Fund through Branches and Affiliates. Each Lender (including without limitation the Swing Line Lender) may, if it so elects, fulfill its commitment as to any Advance Loan hereunder by designating a branch or Affiliate of such Lender to make such AdvanceLoan; provided that (a) such Lender shall remain solely responsible for the performances of its obligations hereunder and (b) no such designation shall result in any material increased costs to the BorrowerBorrower or the Agent.
Appears in 3 contracts
Samples: Credit Agreement (Rent the Runway, Inc.), Credit Agreement (Rent the Runway, Inc.), Credit Agreement (Rent the Runway, Inc.)
Right of Lenders to Fund through Branches and Affiliates. Each Lender (including without limitation the Swing Line Lender) may, if it so elects, fulfill its commitment as to any Advance hereunder by designating a branch or Affiliate of such Lender to make such Advance; provided that (a) such Lender shall remain solely responsible for the performances of its obligations hereunder and (b) no such designation shall result in any material increased costs to the applicable Borrower.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Plastipak Holdings Inc), Revolving Credit Agreement (Plastipak Holdings Inc)
Right of Lenders to Fund through Branches and Affiliates. Each Lender (including without limitation the Swing Line Lender) may, if it so elects, fulfill its commitment as to any Advance Loan hereunder by designating a branch or Affiliate of such Lender to make such AdvanceLoan; provided provided, however, that (a) such Lender shall remain solely responsible for the performances of its obligations hereunder and hereunder, (b) no such designation shall result in any material increased costs to the BorrowerBorrowers and (c) such branch or Affiliate complies with all form delivery and other requirements hereunder (including pursuant to Section 4.1).
Appears in 2 contracts
Samples: Credit Agreement (Mettler Toledo Holding Inc), Credit Agreement (Mettler Toledo Holding Inc)
Right of Lenders to Fund through Branches and Affiliates. Each Lender (including without limitation the Swing Line Lender) may, if it so elects, fulfill its commitment as to any Advance hereunder by designating a branch or Affiliate of such Lender to make such Advance; provided that (a) such Lender shall remain solely responsible for the performances of its obligations hereunder and (b) no such designation shall result in any material increased costs to Borrower or the BorrowerAgent.
Appears in 2 contracts
Samples: Mortgage Warehousing Agreement (M/I Homes, Inc.), Mortgage Warehousing Agreement (M I Homes Inc)
Right of Lenders to Fund through Branches and Affiliates. Each Lender (including without limitation the a Swing Line Lender) may, if it so elects, fulfill its commitment as to any Advance hereunder by designating a branch or Affiliate of such Lender to make such Advance; provided that (a) such Lender shall remain solely responsible for the performances of its obligations hereunder and (b) no such designation shall result in any material increased costs to the Borrowerapplicable Borrower(s).
Appears in 2 contracts
Samples: Credit Agreement (Manitex International, Inc.), Credit Agreement (Manitex International, Inc.)
Right of Lenders to Fund through Branches and Affiliates. Each Lender (including without limitation the Swing Line Lender) may, if it so elects, fulfill its commitment as to any Advance hereunder by designating a branch or Affiliate of such Lender to make such Advance; provided that (a) such Lender shall remain solely responsible for the performances of its obligations hereunder and (b) no such designation shall result in any material increased costs to the BorrowerBorrowers, including without limitation, increased costs to Borrowers under Section 10.1.
Appears in 2 contracts
Samples: Revolving Credit and Term Loan Agreement (PMFG, Inc.), Revolving Credit and Term Loan Agreement (Peerless Manufacturing Co)
Right of Lenders to Fund through Branches and Affiliates. Each Lender (including without limitation the Swing Line Lender) may, if it so elects, fulfill its commitment as to any Advance hereunder by designating a branch or Affiliate of such Lender to make such Advance; provided that (a) such Lender shall remain solely responsible for the performances of its obligations hereunder and (b) no such designation shall result in any material increased costs to the BorrowerBorrowers or the Agent.
Appears in 1 contract
Samples: Credit Agreement (Bazaarvoice Inc)
Right of Lenders to Fund through Branches and Affiliates. [. Each Lender (including without limitation the Swing Line Lender) may, if it so elects, fulfill its commitment as to any Advance hereunder by designating a branch or Affiliate of such Lender to make such Advance; provided that (a) such Lender shall remain solely responsible for the performances of its obligations hereunder and (b) no such designation shall result in any material increased costs to the BorrowerBorrower or the Agent.]
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Montauk Renewables, Inc.)
Right of Lenders to Fund through Branches and Affiliates. Each Lender (including without limitation the Swing Line Lender) may, if it so elects, fulfill its commitment as to any Advance hereunder by designating a branch or Affiliate of such Lender to make such Advance; provided that (a) such Lender shall remain solely responsible for the performances of its obligations hereunder and (b) no such designation shall result in any material increased costs to the Company or any Permitted Borrower.
Appears in 1 contract
Right of Lenders to Fund through Branches and Affiliates. Each Lender (including without limitation limitation, the Swing Line Lender) may, if it so elects, fulfill its commitment as to any Advance hereunder by designating a branch or Affiliate of such Lender to make such Advance; provided that (a) such Lender shall remain solely responsible for the performances of its obligations hereunder and (b) no such designation shall result in any material increased costs to the Borrower.
Appears in 1 contract
Samples: Credit Agreement (Englobal Corp)
Right of Lenders to Fund through Branches and Affiliates. Each Lender (including without limitation the Swing Line Lender) may, if it so elects, fulfill its commitment as to any Advance hereunder by designating a branch or Affiliate of such Lender to make such Advance; provided that (a) such Lender shall remain solely responsible for the performances of its obligations hereunder and (b) no such designation shall result in any material increased costs to the BorrowerBorrowers under Section 9.1, 10.5 or otherwise.
Appears in 1 contract
Right of Lenders to Fund through Branches and Affiliates. Each Lender (including without limitation the Swing Line Lender) may, if it so elects, fulfill its commitment as to any Advance hereunder by designating a branch or Affiliate of such Lender to make such Advance; provided that (a) such Lender shall remain solely responsible for the performances of its obligations hereunder hereunder, and (b) no such designation shall result in any material increased costs to the BorrowerBorrowers under Section 9.1, 10.5 or otherwise.
Appears in 1 contract
