Settlement. It is agreed that each Lender’s funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders as to the Advances, the Swing Loans, and the Protective Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 47 contracts
Samples: Credit Agreement (Sanfilippo John B & Son Inc), Credit Agreement (Federal Signal Corp /De/), Credit Agreement (Federal Signal Corp /De/)
Settlement. It is agreed that each Lender’s 's funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s 's Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of Borroweror enforceable by Borrowers) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders them as to the Advances, the Swing Loans, and the Protective Agent Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 44 contracts
Samples: Loan and Security Agreement (Guitar Center Inc), Loan and Security Agreement (Guitar Center Inc), Loan and Security Agreement (Silicon Graphics Inc /Ca/)
Settlement. It is agreed that each Lender’s funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of any Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders as to the Advances, the Swing Loans, and the Protective Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 27 contracts
Samples: Credit Agreement (Stream Global Services, Inc.), Credit Agreement (Finisar Corp), Credit Agreement (Trizetto Group Inc)
Settlement. It is agreed that each Lender’s 's funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s 's Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of or enforceable by Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders them as to the Advances, the Swing Loans, and the Protective Agent Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 25 contracts
Samples: Loan and Security Agreement (En Pointe Technologies Inc), Loan and Security Agreement (Interdent Inc), Loan and Security Agreement (Abraxas Petroleum Corp)
Settlement. It is agreed that each Lender’s funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of BorrowerBorrowers) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders as to the Advances, the Swing Loans, and the Protective Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 24 contracts
Samples: Credit Agreement (Jack Cooper Holdings Corp.), Credit Agreement (Jack Cooper Holdings Corp.), Credit Agreement (Renewable Energy Group, Inc.)
Settlement. It is agreed that each Lender’s funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of or enforceable by Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders them as to the Advances, the Swing Loans, and the Protective Agent Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 19 contracts
Samples: Loan and Security Agreement (Hercules Capital, Inc.), Loan and Security Agreement (Hercules Technology Growth Capital Inc), Loan, Guaranty and Security Agreement (Gordmans Stores, Inc.)
Settlement. It is agreed that each Lender’s funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of Borroweror enforceable by Borrowers) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders them as to the Advances, the Swing Loans, and the Protective Agent Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 13 contracts
Samples: Loan and Security Agreement (Majestic Holdco, LLC), Loan and Security Agreement (Telos Corp), Loan and Security Agreement (Telos Corp)
Settlement. It is agreed that each Lender’s 's funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s 's Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders as to the Advances, the Swing Loans, and the Protective Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 7 contracts
Samples: Credit Agreement (MDC Partners Inc), Credit Agreement (Realpage Inc), Credit Agreement (THQ Inc)
Settlement. It is agreed that each Lender’s 's funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s 's Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of BorrowerBorrowers) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders as to the Advances, the Swing Loans, and the Protective Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 5 contracts
Samples: Credit Agreement (Renewable Energy Group, Inc.), Credit Agreement (Remy International, Inc.), Credit Agreement (Wabash National Corp /De)
Settlement. It is agreed that each Lender’s 's funded portion of the Advances is intended by the Lenders to equal, be equal at all times, times to such Lender’s 's Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, the Agent and the other Lenders agree (which agreement shall not be for the benefit of or enforceable by Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders them as to the Advances, the Swing Agent Loans, and the Protective Agent Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 4 contracts
Samples: Loan and Security Agreement (Areawide Cellular Inc), Loan and Security Agreement (Gantos Inc), Possession Loan and Security Agreement (Factory Card Outlet Corp)
Settlement. It is agreed that each Lender’s 's funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s 's Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of any Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders as to the Advances, the Swing Loans, and the Protective Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 4 contracts
Samples: Credit Agreement (Take Two Interactive Software Inc), Credit Agreement (WHX Corp), Credit Agreement (Dune Energy Inc)
Settlement. It is agreed that each Lender’s 's funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s 's Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of or enforceable by Subsidiary Borrower) that in order to facilitate the administration of this Agreement and the other UK Loan Documents, settlement among the Lenders them as to the Advances, the Swing Loans, and the Protective Agent Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 4 contracts
Samples: Loan Agreement (Palm Inc), Loan Agreement (Palm Inc), Loan Agreement (Palm Inc)
Settlement. It is agreed that each Lender’s funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, Agent and the other Lenders agree (which agreement shall not be for the benefit of or enforceable by Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders them as to the Advances, the Swing Loans, Advances and the Protective Agent Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 4 contracts
Samples: Loan and Security Agreement (Unified Grocers, Inc.), Loan and Security Agreement (Hercules Capital, Inc.), Loan and Security Agreement (Unified Grocers, Inc.)
Settlement. It is agreed that each Lender’s funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of Borroweror enforceable by Borrowers) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders them as to the Advances, Advances and the Swing Loans, and the Protective Advances Loans shall take place on a periodic basis in accordance with the following provisions:
Appears in 3 contracts
Samples: Loan and Security Agreement (West Marine Inc), Loan and Security Agreement (West Marine Inc), Loan and Security Agreement (West Marine Inc)
Settlement. It is agreed that each Lender’s 's funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s 's Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing LenderFoothill, and the other Lenders agree (which agreement shall not be for the benefit of or enforceable by Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders them as to the Advances, the Swing Foothill Loans, and the Protective Agent Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 3 contracts
Samples: Loan and Security Agreement (Ram Energy Inc/Ok), Loan and Security Agreement (Petsec Energy Inc), Loan and Security Agreement (Southwest Royalties Holdings Inc)
Settlement. It is agreed that each applicable Lender’s funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, and the other Lenders with a Revolver Commitment agree (which agreement shall not be for the benefit of BorrowerBorrowers) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders with a Revolver Commitment as to the Advances, the Swing Loans, and the Protective Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 3 contracts
Samples: Credit Agreement (BOISE CASCADE Co), Credit Agreement (BOISE CASCADE Co), Credit Agreement (BOISE CASCADE Co)
Settlement. It is agreed that each Lender’s 's funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s 's Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of or enforceable by any Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders them as to the Advances, the Swing Loans, and the Protective Agent Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 3 contracts
Samples: Loan and Security Agreement (Big Dog Holdings Inc), And Consolidated Loan and Security Agreement (Big Dog Holdings Inc), Loan and Security Agreement (Big Dog Holdings Inc)
Settlement. It is agreed that each Lender’s funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Administrative Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders as to the Advances, the Swing Loans, and the Protective Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 3 contracts
Samples: Credit Agreement (Watsco Inc), Credit Agreement (Watsco Inc), Credit Agreement (Transtechnology Corp)
Settlement. It is agreed that each Lender’s 's funded portion of the Advances is intended by the Lenders to equal, be equal at all times, times to such Lender’s 's Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, the Agent and the other Lenders agree (which agreement shall not be for the benefit of Borroweror enforceable by Borrowers) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders them as to the Advances, the Swing Agent Loans, and the Protective Agent Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 3 contracts
Samples: Loan and Security Agreement (Childrens Place Retail Stores Inc), Loan and Security Agreement (Neostar Retail Group Inc), Loan and Security Agreement (RDM Sports Group Inc)
Settlement. It is agreed that each Lender’s 's funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s 's Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, Agent and the other Lenders agree (which agreement shall not be for the benefit of Borroweror enforceable by Borrowers) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders them as to the Advances, the Swing Loans, Advances and the Protective Agent Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 3 contracts
Samples: Loan and Security Agreement (Old Evangeline Downs LLC), Loan and Security Agreement (Hypercom Corp), Loan and Security Agreement (Peninsula Gaming Corp)
Settlement. It is agreed that each Lender’s 's funded portion of the Advances is intended by the Lenders to equal, be equal at all times, times to such Lender’s Pro 's Pro-Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, the Agent and the other Lenders agree (which agreement shall not be for the benefit of or enforceable by Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders them as to the Advances, the Swing Agent Loans, and the Protective Agent Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 2 contracts
Samples: Loan and Security Agreement (Texas New Mexico & Oklahoma Coaches Inc), Loan and Security Agreement (Vermont Transit Co Inc)
Settlement. It is agreed that each Lender’s funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, Agent and the other Lenders agree (which agreement shall not be for the benefit of or enforceable by Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders them as to the Advances, the Swing Loans, Advances and the Protective Agent Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 2 contracts
Samples: Loan and Security Agreement (Hercules Capital, Inc.), Loan and Security Agreement (Hercules Capital, Inc.)
Settlement. It is agreed that each Lender’s funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, Agent and the other Lenders agree (which agreement shall not be for the benefit of Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders as to the Advances, the Swing Loans, Advances and the Protective Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 2 contracts
Samples: Credit Agreement (Intapp, Inc.), Dip Credit Agreement (Storm Cat Energy CORP)
Settlement. It is agreed that each Lender’s funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of Borroweror enforceable by the Loan Parties) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders them as to the Advances, the Swing Loans, and the Protective Agent Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 2 contracts
Samples: Loan and Security Agreement (LSB Industries Inc), Loan and Security Agreement (LSB Industries Inc)
Settlement. It is agreed that each Lender’s 's funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s 's Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing LenderLenders, and the other Lenders agree (which agreement shall not be for the benefit of any Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders as to the Advances, the Swing Loans, and the Protective Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 2 contracts
Samples: Credit Agreement (Take Two Interactive Software Inc), Credit Agreement (MSX International Inc)
Settlement. It is agreed that each Lender’s 's funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s 's Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of of, or enforceable by, Borrower) that that, in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders them as to the Advances, the Swing Loans, and the Protective Agent Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 2 contracts
Samples: Loan and Security Agreement (System Software Associates Inc), Loan and Security Agreement (Star Telecommunications Inc)
Settlement. It is agreed that each Lender’s 's funded portion of the Advances is intended by the Lenders to equal, be equal at all times, times to such Lender’s 's Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, the Agent and the other Lenders agree (which agreement shall not be for the benefit of Borroweror enforceable by Borrowers) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders them as to the Advances, the Swing Loans, and the Protective Agent Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 2 contracts
Samples: Loan and Security Agreement (Right Start Inc /Ca), Loan and Security Agreement (Fao Inc)
Settlement. It is agreed that each Lender’s funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of BorrowerBorrowers) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders as to the Advances, Advances (including the Swing Loans, Loans and the Protective Advances Advances) shall take place on a periodic basis in accordance with the following provisions:
Appears in 2 contracts
Samples: Credit Agreement (VOXX International Corp), Credit Agreement (VOXX International Corp)
Settlement. It is agreed that each Lender’s funded portion of the Revolving Advances is intended by the Lenders to equal, at all times, such Lender’s Pro Rata Share of the outstanding Revolving Advances. Such agreement notwithstanding, Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of or enforceable by Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders them as to the Revolving Advances, the Swing Loans, and the Protective Agent Revolving Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 2 contracts
Samples: Possession Loan and Security Agreement, Loan and Security Agreement (Sharper Image Corp)
Settlement. It is agreed that each Lender’s funded portion of the Advances to the applicable Borrower(s) is intended by the Lenders to equal, at all times, such Lender’s Pro Rata Share of the outstanding AdvancesAdvances to the applicable Borrower(s). Such agreement notwithstanding, AgentAgents, Swing LenderLenders, and the other Lenders agree (which agreement shall not be for the benefit of BorrowerBorrowers) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders as to the Advances, the Swing Loans, and the Protective Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 2 contracts
Samples: Credit Agreement (Arc Document Solutions, Inc.), Credit Agreement (American Reprographics CO)
Settlement. It is agreed that each Lender’s funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders as to the AdvancesRevolver Loans, the Swing Loans, and the Protective Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 2 contracts
Samples: Credit Agreement (Horizon Lines, Inc.), Credit Agreement (Horizon Lines, Inc.)
Settlement. It is agreed that each Lender’s 's funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s 's Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of Borroweror enforceable by Borrowers) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders them as to the Advances, the Swing Loans, and the Protective Agent Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 2 contracts
Samples: Loan and Security Agreement (Alpine Group Inc /De/), Loan and Security Agreement (Outsourcing Services Group Inc)
Settlement. It is agreed that each Lender’s funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders as to the Advances, the Swing Loans, and the Protective Extraordinary Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 2 contracts
Samples: Credit Agreement (AdvancePierre Foods Holdings, Inc.), Credit Agreement (AdvancePierre Foods Holdings, Inc.)
Settlement. It is agreed that each Lender’s funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing LenderLenders, and the other Lenders agree (which agreement shall not be for the benefit of any Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders as to the Advances, the Swing Loans, and the Protective Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 1 contract
Samples: Credit Agreement (Take Two Interactive Software Inc)
Settlement. It is agreed that each Lender’s 's funded portion of the Advances is intended by the Lenders to equal, be equal at all times, times to such Lender’s 's Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, Agent and the other Lenders agree (which agreement shall not be for the benefit of or enforceable by Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders them as to the Advances, the Swing Agent Loans, and the Protective Agent Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 1 contract
Settlement. It is agreed that each Lender’s funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, Agent and the other Lenders agree (which agreement shall not be for the benefit of any Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders as to the Advances, the Swing Loans, Advances and the Protective Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 1 contract
Settlement. It is agreed that each Lender’s 's funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s 's Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, the Agent and the other Lenders agree (which agreement shall not be for the benefit of or enforceable by the Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders them as to the Advances, the Swing Loans, and the Protective Advances Line Loans shall take place on a periodic basis in accordance with the following provisions:
Appears in 1 contract
Samples: Loan and Security Agreement (Corrections Corp of America/Md)
Settlement. It is agreed that each Lender’s 's funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s 's Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, Agent and the other Lenders agree (which agreement shall not be for the benefit of Borroweror enforceable by Borrowers) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders them as to the Advances, the Swing Loans, Optional Overadvances and the Protective Agent Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 1 contract
Settlement. It is agreed that each Lender’s 's funded portion of the Advances is intended by the Lenders to equal, be equal at all times, times to such Lender’s 's Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing LenderFoothill, and the other Lenders agree (which agreement shall not be for the benefit of or enforceable by any Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders them as to the Advances, the Swing Loans, Foothill Loans and the Protective Agent Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 1 contract
Samples: Loan and Security Agreement (General Datacomm Industries Inc)
Settlement. It is agreed that each Lender’s funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s Pro Rata Share of the outstanding AdvancesAdvances for the applicable credit facility hereunder. Such agreement notwithstanding, Administrative Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of or enforceable by Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders them as to the Advances, the Swing Loans, and the Protective Advances under each credit facility hereunder shall take place on a periodic basis in accordance with the following provisions:
Appears in 1 contract
Settlement. It is agreed that each Lender’s 's funded portion of ---------- the Advances is intended by the Lenders to equal, at all times, such Lender’s 's Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of Borroweror enforceable by Borrowers) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders them as to the Advances, the Swing Loans, and the Protective Agent Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 1 contract
Settlement. It is agreed that each Lender’s 's funded portion of the ---------- Advances is intended by the Lenders to equal, at all times, such Lender’s 's Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of or enforceable by Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders them as to the Advances, the Swing Loans, and the Protective Agent Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 1 contract
Settlement. It is agreed that each Lender’s funded portion of the Advances is intended by the Lenders to equal, be equal at all times, times to such Lender’s Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, the Agent and the other Lenders agree (which agreement shall not be for the benefit of or enforceable by Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders them as to the Advances, the Swing Agent Loans, and the Protective Agent Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 1 contract
Settlement. It is agreed that each Lender’s funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders as to the Advances, the Swing Loans, and the Protective Extraordinary Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 1 contract
Samples: Loan and Security Agreement (NewStar Financial, Inc.)
Settlement. It is agreed that each Lender’s 's funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s 's Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, Lender and the other Lenders agree (which agreement shall not be for the benefit of or enforceable by Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders them as to the Advances, the Swing Loans, and the Protective Agent Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 1 contract
Samples: Loan and Security Agreement (DSG International LTD)
Settlement. It is agreed that each Lender’s funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of BorrowerBorrowers) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders as to the Advances, the Swing Loans, and the Protective Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 1 contract
Settlement. It is agreed that each Lender’s 's funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s 's Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of or enforceable by Borrower) that in order to facilitate the administration of this Agreement and the other Post-Petition Loan Documents, settlement among the Lenders them as to the Advances, the Swing Loans, and the Protective Agent Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 1 contract
Samples: Loan and Security Agreement and Guaranty (Archibald Candy Corp)
Settlement. It is agreed that each Lender’s funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, and the other Lenders agree (which agreement shall BN 0000000x0 not be for the benefit of Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders as to the Advances, the Swing Loans, and the Protective Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 1 contract
Samples: Credit Agreement (Teltronics Inc)
Settlement. It is agreed that each Lender’s funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, AgentAgents, Swing LenderLenders, and the other Lenders agree (which agreement shall not be for the benefit of BorrowerBorrowers) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders as to the Advances, the Swing Loans, and the Protective Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 1 contract
Settlement. It is agreed that each Lender’s 's funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s 's Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Administrative Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders as to the Advances, the Swing Loans, and the Protective Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 1 contract
Settlement. It is agreed that each Lender’s 's funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s 's Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of or enforceable by Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders them as to the Advances, the Swing Loans, and the Protective Agent Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 1 contract
Settlement. It is agreed that each Lender’s 's funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s 's Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing LenderFoothill, and the other Lenders agree (which agreement shall not be for the benefit of or enforceable by Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders them as to the Advances, the Swing Foothill Loans, and the Protective Agent Advances shall take place on a periodic basis in accordance with the following provisions, unless otherwise agreed between Agent and the Lenders:
Appears in 1 contract
Samples: Loan and Security Agreement (Employee Solutions Inc)
Settlement. It is agreed that each Lender’s funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing LenderLenders, and the other Lenders agree (which agreement shall not be for the benefit of BorrowerBorrowers) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders as to the Advances, the Swing Loans, and the Protective Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 1 contract
Settlement. It is agreed that each Lender’s funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of or enforceable by Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders them as to the Advances, the Swing Loans, and the Protective Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 1 contract
Samples: Loan, Guaranty and Security Agreement (Design Within Reach Inc)
Settlement. It is agreed that each Lender’s 's funded portion of the Advances is intended by the Lenders to equal, be equal at all times, times to such Lender’s 's Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, the Agent and the other Lenders agree (which agreement shall not be for the benefit of or enforceable by Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders them as to the Advances, the Swing Agent Loans, the Agent Advances and the Protective Advances Swing Loans shall take place on a periodic basis in accordance with the following provisions:
Appears in 1 contract
Settlement. It is agreed that each Lender’s 's funded portion of the Advances is intended by the Lenders to equal, be equal at all times, times to such Lender’s Pro 's Pro-Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, the Facility Agent and the other Lenders agree (which agreement shall not be for the benefit of or enforceable by Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders them as to the Advances, the Swing Agent Loans, and the Protective Agent Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 1 contract
Samples: Loan and Security Agreement (Los Buenos Leasing Co Inc)
Settlement. It is agreed that each Lender’s 's funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s 's Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of BorrowerBorrowers) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders as to the Advances, Advances (including the Swing Loans, Loans and the Protective Advances Advances) shall take place on a periodic basis in accordance with the following provisions:
Appears in 1 contract
Samples: Credit Agreement (Audiovox Corp)
Settlement. It is agreed that each Lender’s 's funded portion of the Advances is intended by the Lenders to equal, be equal at all times, times to such Lender’s 's Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, each Agent and the other Lenders agree (which agreement shall not be for the benefit of Borroweror enforceable by the Companies) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders them as to the Advances, the Swing Loans, Agent Loans and the Protective Agent Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 1 contract
Samples: Loan and Security Agreement (Icf Kaiser International Inc)
Settlement. It is agreed that each Lender’s 's funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s 's Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, Lender and the other Lenders agree (which agreement shall not be for the benefit of or enforceable by Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders them as to the Advances, the Swing Loans, Advances and the Protective Agent Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 1 contract
Samples: Loan and Security Agreement (Northland Cranberries Inc /Wi/)
Settlement. It is agreed that each Lender’s 's funded portion of the Revolving Advances is intended by the Lenders to equal, at all times, such Lender’s 's Pro Rata Share of the outstanding Revolving Advances. Such agreement notwithstanding, Agent, Swing Lender, Agent and the other Lenders agree (which agreement shall not be for the benefit of or enforceable by Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders them as to the Advances, the Swing Loans, and the Protective Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 1 contract
Settlement. It is agreed that each Lender’s 's funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s 's Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of or enforceable by Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders them as to the Advances, Advances and the Swing Loans, and the Protective Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 1 contract
Settlement. It is agreed that each Lender’s funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of any Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Agent and the Lenders as to the Advances, the Swing Loans, and the Protective Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 1 contract
Settlement. It is agreed that each Lender’s 's funded ---------- portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s 's Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing LenderFoothill, and the other Lenders agree (which agreement shall not be for the benefit of or enforceable by Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders them as to the Advances, the Swing Foothill Loans, and the Protective Agent Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 1 contract
Samples: Loan and Security Agreement (Convergent Communications Inc /Co)
Settlement. It is agreed that each Lender’s funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of Borroweror enforceable by Borrowers) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders them as to the Advances, the Swing Loans, and the Protective Agent Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 1 contract
Samples: Loan and Security Agreement (Peninsula Gaming, LLC)
Settlement. It is agreed that each Lender’s 's funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s 's Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, Agent and the other Lenders agree (which agreement shall not be for the benefit of Borroweror enforceable by Borrowers) that in order to facilitate the administration of this Agreement and the other Loan Documents, during any period in which Agent is not the sole Lender hereunder, settlement among the Lenders as to the Advances, the Swing Loans, Advances and the Protective Agent Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 1 contract
Settlement. It is agreed that each Lender’s 's funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s 's Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of of, or enforceable by, Borrower) that that, in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders them as to the Advances, the Swing Loans, and the Protective Agent Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 1 contract
Samples: Loan and Security Agreement (System Software Associates Inc)
Settlement. It is agreed that each Lender’s funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, Agent and the other Lenders agree (which agreement shall not be for the benefit of any Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders as to the Advances, the Swing Loans, Advances and the Protective Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 1 contract
Settlement. It is agreed that each Lender’s 's funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s 's Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of or enforceable by Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders them as to the Advances, the Swing Loans, and the Protective Agent Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 1 contract
Samples: Loan and Security Agreement and Guaranty (Archibald Candy Corp)
Settlement. It is agreed that each Lender’s 's funded portion of the Advances is intended by the Lenders to equal, be equal at all times, times to such Lender’s 's Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, the Agent and the other Lenders agree (which agreement shall not be for the benefit of or enforceable by, and shall not increase or otherwise affect the obligations of, Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders them as to the Advances, the Swing Agent Loans, and the Protective Agent Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 1 contract
Settlement. It is agreed that each Lender’s funded portion of the Advances is intended by the Lenders to equal, be equal at all times, times to such Lender’s Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, the Agent and the other Lenders agree (which agreement shall not be for the benefit of Borroweror enforceable by Borrowers) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders them as to the Advances, the Swing Agent Loans, and the Agent Protective Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 1 contract
Settlement. It is agreed that each Lender’s funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Line Lender, and the other Lenders agree (which agreement shall not be for the benefit of BorrowerBorrowers) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders as to the Advances, the Swing Loans, and the Protective Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 1 contract
Settlement. It is agreed that each Lender’s funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Line Lender, and the other Lenders agree (which agreement shall not be for the benefit of BorrowerBorrowers) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Advances Lenders as to the Advances, the Swing Loans, and the Protective Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 1 contract
Settlement. It is agreed that each Lender’s funded portion of the Advances is intended by the Lenders to equal, at all times, to such Lender’s Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, Agent and the other Lenders agree (which agreement shall not be for the benefit of BorrowerBorrowers) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders as to the Advances, the Swing Loans, and the Protective Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 1 contract
Samples: Credit Agreement (Emrise CORP)
Settlement. It is agreed that each Lender’s funded portion of the Advances is intended by the Lenders to equal, at all times, subject to Section 2.1(a), such Lender’s Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of any Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders as to the Advances, the Swing Loans, and the Protective Advances shall take place on a periodic basis in accordance with the following provisions:, in each case subject to Section 2.1(a):
Appears in 1 contract
Settlement. It is agreed that each Lender’s funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, AgentAgents, Swing Lender, Lender and the other Lenders agree (which agreement shall not be for the benefit of or enforceable by Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders them as to the Advances, the Swing Loans, Advances and the Protective Agent Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 1 contract
Samples: Loan and Security Agreement (Northland Cranberries Inc /Wi/)
Settlement. It is agreed that each Lender’s funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Collateral Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of or enforceable by Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders them as to the Advances, the Swing Loans, and the Protective Collateral Agent Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 1 contract
Settlement. It is agreed that each Lender’s funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, Administrative Agent and the other Lenders agree (which agreement shall not be for the benefit of Borroweror enforceable by Borrowers) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders them as to the Advances, the Swing Loans, Advances and the Protective Agent Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 1 contract
Settlement. It is agreed that each Lender’s 's funded portion of the ---------- Advances is intended by the Lenders to equal, be equal at all times, times to such Lender’s 's Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, the Agent and the other Lenders agree (which agreement shall not be for the benefit of or enforceable by Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders them as to the Advances, the Swing Agent Loans, and the Protective Agent Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 1 contract
Settlement. It is agreed that each Lender’s funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders as to the Advances, Advances (including the Swing Loans, Loans and the Protective Advances Advances) shall take place on a periodic basis in accordance with the following provisions:
Appears in 1 contract
Samples: Credit Agreement (SAVVIS, Inc.)
Settlement. It is agreed that each Lender’s 's funded portion of the Advances is intended by the Lenders to equal, at all times, such Lender’s 's Pro Rata Share Percentage of the outstanding Advances. Such agreement notwithstanding, Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of Borrower) that in order to To facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders as to the Advances, the Swing Loans, Advances and the Protective Advances Optional Overadvances shall take place on a periodic basis in accordance with the following provisions:
Appears in 1 contract
Samples: Loan and Security Agreement (Silverleaf Resorts Inc)
Settlement. It is agreed that each Lender’s 's funded portion of the Advances is intended by the Lenders to equal, be equal at all times, times to such Lender’s 's Pro Rata Share of the outstanding Advances. Such agreement notwithstanding, Administrative Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of or enforceable by Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders them as to the Advances, the Swing Loans, and the Protective Administrative Agent Advances shall take place on a periodic basis in accordance with the following provisions:
Appears in 1 contract
