Sharing of Collections. The Lenders hereby agree among themselves that if any Lender shall receive (by voluntary payment, realization upon security, set-off or from any other source) any amount on account of the Loans, interest thereon, or any other Obligation contemplated by this Agreement or the other Loan Documents to be made by the Borrower pro rata to all Lenders (or pro rata to holders of Notes) in greater proportion than any such amount received by any other applicable Lender, then the Lender receiving such proportionately greater payment shall notify each other Lender and the Administrative Agent of such receipt, and equitable adjustment will be made in the manner stated in this Section 9.11 so that, in effect, all such excess amounts will be shared ratably among all of the applicable Lenders. The Lender receiving such excess amount shall purchase (which it shall be deemed to have done simultaneously upon the receipt of such excess amount) for cash from the other applicable Lenders a participation in the applicable Obligations owed to such other Lenders in such amount as shall result in a ratable sharing by all applicable Lenders of such excess amount (and to such extent the receiving Lender shall be a Participant). If all or any portion of such excess amount is thereafter recovered from the Lender making such purchase, such purchase shall be rescinded and the purchase price restored to the extent of such recovery, together with interest or other amounts, if any, required by Law to be paid by the Lender making such purchase. The Borrower hereby consents to and confirms the foregoing arrangements. Each Participant shall be bound by this Section as fully as if it were a Lender hereunder.
Sharing of Collections. 58 9.14 Successors and Assigns; Participations; Assignments................................................................ 59 9.15 Governing Law; Submission to Jurisdiction; Waiver of Jury Trial; Limitation of Liability.................................................................. 63 ANNEX A DEFINITIONS; CONSTRUCTION...................................................... A-1 Exhibit A Form of Note Exhibit B Form of Transfer Supplement Exhibit C Form of Annual and Quarterly Compliance Certificate Schedule 3.4 Governmental Approvals and Filings Schedule 3.5 Conflicts Schedule 3.12 Subsidiaries Schedule 3.15 Litigation Schedule 3.20 Taxes Schedule 3.21 Controlled Group Members Schedule 6.1 Liens Schedule 6.9 Dealings with Affiliates CREDIT AGREEMENT THIS AGREEMENT, dated as June 30, 1997 (this "Agreement") among J&L SPECIALTY STEEL, INC., a Pennsylvania corporation (the "Borrower"), the Lenders parties hereto from time to time, MELLON BANK, N.A., as agent for the Lender Parties hereunder (in such capacity, together with its successors in such capacity, the "Agent"), and CREDIT LYONNAIS NEW YORK BRANCH, as Syndication Agent (in such capacity, the "Syndication Agent"), and MORGXX XXXRANTY TRUST COMPANY OF NEW YORK, as Documentation Agent (in such capacity, the "Documentation Agent"). In consideration of the mutual covenants herein contained and intending to be legally bound, the parties hereto hereby agree as follows:
Sharing of Collections. Except as otherwise set forth herein, the Lenders shall share all Collections (as defined herein) in accordance with their respective pro rata share of each Lender's portion of each of the Loans, and such moneys or other property shall be received by the Lenders for the benefit of each of the Lenders, and shall be remitted by the Lender promptly to the other Lender. For purposes of this section, "Collections" shall mean all moneys and other property received by any of the Lenders, but not including payments of principal or interest made pursuant to the Notes (provided that no Default, as defined in this Agreement then exists), from whatever source derived, including all moneys and other property realized from any collateral of Laitram and/or any of the Guarantors except Xxxxxxx Properties, L.L.C. and Laitram Group, Inc., or from the exercise by Agent and/or the Lenders, or either of them, of any lien or right of set-off with respect to any deposits or other property of any of Laitram and/or the Guarantors.
Sharing of Collections. Each Bank and Swing Lender agrees that if it ---------------------- shall, by exercising any right of setoff or counterclaim or resort to collateral security or otherwise, receive payment of a proportion of the aggregate amount of principal and interest owing with respect to the Note held by it which is greater than the proportion received by any other Bank and/or by Swing Lender, as the case may be, in respect of the aggregate amount of all principal and interest owing with respect to the Note held by such other Bank and/or Swing Lender, the Bank or Swing Lender receiving such proportionately greater payment shall purchase such participations in the Notes held by the other Banks or by Swing Lender, if applicable, owing to such other Banks and/or Swing Lender, and such other adjustments shall be made, as may be required so that all such payments of principal and interest with respect to the Notes held by the Banks and/or Swing Lender owing to such other Banks and/or Swing Lender shall be shared by the Banks and/or Swing Lender pro rata; provided that if all or any -------- portion of such payment received by the purchasing Bank or Swing Lender, as the case may be, is thereafter recovered from such purchasing Bank or Swing Lender, as the case may be, such purchase from each other Bank and/or Swing Lender shall be rescinded and such other Bank and/or Swing Lender shall repay to the purchasing Bank or Swing Lender, as the case may be, the purchase price of such participation to the extent of such recovery, together with an amount equal to such other Bank's or Swing Lender's ratable share (according to the proportion of (a) the amount of such other Bank's or Swing Lender's required repayment to (b) the total amount so recovered from the purchasing Bank or Swing Lender) of any interest or other amount paid or payable by the purchasing Bank or Swing Lender in respect of the total amount so recovered. Borrowers agree, to the fullest extent they may effectively do so under Applicable Law, that any holder of a participation in a Note, whether or not acquired pursuant to the foregoing arrangements, may exercise rights of setoff or counterclaim and other rights with respect to such participation as fully as if such holder of a participation were a direct creditor of Borrowers in the amount of such participation.
Sharing of Collections. 85 9.14 Successors and Assigns; Participations; Assignments........ 86 9.15 Confidentiality............................................ 88 9.16 Governing Law; Submission to Jurisdiction; Waiver of Jury Trial; Limitation of Liability..................... 88 Exhibit A Revolving Credit Note Exhibit B Form of Term Loan Note Exhibit C Form of Transfer Supplement Exhibit D Form of Borrowing Base Certificate Exhibit E Form of Annual Compliance Certificate Exhibit F Form of Quarterly Compliance Certificate Exhibit G Form of Security Agreement Exhibit J Form of Mortgage Exhibit K Form of Standard Contxxxx Xxhibit L Form of Letter of Credit Agreement Exhibit M Form of Assignment of Contracts Exhibit N Form of Consent to Assignment of Contracts Exhibit O Form of Use of Advance Certificate Exhibit P Form of Project Status Certificate Exhibit Q Form of Adequacy of Funds Certificate Exhibit V Form of Consent to Assignment of Future Project Agreements Exhibit W Form of Project Monitor's Preliminary Acceptance Certificate Exhibit W-2 Form of Project Monitor's Completion Certificate Exhibit W-3 Form of Borrower's Final Acceptance Certificate Exhibit X Form of Borrower's Preliminary Acceptance Certificate Exhibit X-2 Form of Borrower's Completion Certificate Exhibit X-3 Form of Project Monitor's Final Acceptance Certificate Exhibit Y Form of Construction Progress Reports Exhibit Z Form of Project Monitor Certificate Exhibit AA Form of Future Project Agreements Exhibit BB Form of Agreed Upon Procedures Report Exhibit CC Form of Assignment of Future Project Agreements Exhibit DD Title Commitment Exhibit EE Terms of Replacement Revolver Facility Schedule 1.01B Project Agreements Schedule 1.01C Schedule of Project Costs constituting the Project Budget Schedule 1.01D List of Specifications of the Project Schedule 1.01E Future Project Agreements Schedule 1.01F Assets Subject to Lien of Utility Loan Schedule 1.01G Mannesmann Documents Schedule 1.01H Mitsubishi Documents Schedule 1.01I Tax Sharing Agreement Schedule 3.04 Matters (other than Required Project Permits) in connection with the execution and delivery of any Loan Document for which Governmental Action is required Schedule 3.05 Matters in connection with the execution of any Loan Document as to which a consent or waiver is required and has been obtained Schedule 3.09 Listing of applicable Project Monitor firms, law firms, appraisal firms, etc. to which IDI may provide information in connection with any Loan Document and to...
Sharing of Collections. 53 10.14 Successors and Assigns; Participations; Assignments................................. 54 10.15 Governing Law; Submission to Jurisdiction; Waiver of Jury Trial; Limitation of Liability.......................................................... 57 ANNEX A DEFINITIONS; CONSTRUCTION........................................................... A-1 Xxxxxxx X-0 Form of Term Loan Note Exhibit B Form of Transfer Supplement Exhibit C Form of Annual and Quarterly Compliance Certificate Schedule 4.04 Governmental Approvals and Filings -iii- 113 Schedule 4.05 Conflicts Schedule 4.08 Liabilities Schedule 4.13 Regulatory Restrictions Schedule 4.14 Subsidiaries Schedule 4.16 Litigation Schedule 4.21 Taxes Schedule 4.23 Environmental Matters Schedule 7.02 Liens Schedule 7.04 Guaranty Equivalents Schedule 7.07 Sale-Leasebacks THIS AGREEMENT, dated as of February 7, 1997, by and among PRIMARK CORPORATION, a Michigan Corporation (the "Borrower"), the Lenders parties hereto from time to time, and MELLON BANK, N.A., a national banking association, as agent for the Lender Parties hereunder (in such capacity, together with its successors in such capacity, the "Agent"). In consideration of the mutual covenants herein contained and intending to be legally bound, the parties hereto hereby agree as follows:
Sharing of Collections. 54 10.14 Successors and Assigns; Participations; Assignments......54 10.15
Sharing of Collections. 60 9.19 Co-Arrangers............................................................. 60 Exhibit A Form of Continuing Letter of Credit Agreement Exhibit B Form of Transfer Supplement Exhibit C Form of Opinions of Counsel Exhibit D Form of Compliance Certificate Exhibit E List of Existing Letters of Credit Exhibit F Letter of Credit Application Schedule 2.01(b) Form of Evergreen Provision Schedule 3.03 Approvals and Consents Schedule 3.04 Governmental Consents Schedule 3.05 Financial Statements Schedule 3.07 Taxes Schedule 3.09 Insurance Licenses Schedule 3.13 Environmental Laws Schedule 3.16 Capitalization Schedule 3.17 ERISA Schedule 3.23 Ownership of Properties Schedule 3.24 Indebtedness Schedule 6.14 Investments Schedule 6.16 Liens 5 LETTER OF CREDIT FACILITY AND REIMBURSEMENT AGREEMENT, dated as of October 23, 1998, by and between VENTON UNDERWRITING LIMITED, a Bermuda exempted limited liability company, and TALBOT UNDERWRITING LIMITED, an English company (each sometimes referred to hereinafter individually as an "Account Party" and collectively as the "Account Parties"), UNDERWRITERS RE GROUP, INC., a Delaware corporation ("URGI"), UNDERWRITERS REINSURANCE COMPANY, a New Hampshire corporation ("URC", URGI and URC being sometimes referred to herein individually as "Guarantor" and collectively as the "Guarantors"), the Banks (as defined further below) parties hereto from time to time, MELLON BANK, N.A., a national banking association ("Mellon"), as Issuing Bank (the "Issuing Bank"), as Administrative Agent for the Banks and the Issuing Bank hereunder (in such capacity, together with successors in such capacity referred to individually as the "Administrative Agent" and collectively with Dresdner Bank as the "Agents"), and as a Co-Arranger, DRESDNER BANK AG, NEW YORK AND GRAND CAYMAN BRANCHES, branches of a German banking corporation ("Dresdner Bank"), as Documentation Agent (referred to individually as the "Documentation Agent" and collectively with Mellon as the "Agents") and DRESDNER KLEINWORT BENSXX XXXTH AMERICA LLC, a Delaware Limited Liability company, as Co-Arranger.
Sharing of Collections. Section 11.18 of the Current Credit Agreement (Sharing of Collections) is amended by replacing the word "Obligations" throughout said Section with the phrase, "Loans and obligations in respect of Letters of Credit".
Sharing of Collections. The Lenders hereby agree among themselves that if any Lender shall receive (by voluntary payment, realization upon security, set-off or from any other source) any amount on account of the Loans, interest thereon, or any other Obligation contemplated by this Agreement or the other Loan Documents to be made by the Borrower ratably to all Lenders in greater proportion than any such amount received by any other Lender, then the Lender receiving such
