Common use of Sharing of Payments by Xxxxxxx Clause in Contracts

Sharing of Payments by Xxxxxxx. If any Lender shall, by exercising any right of setoff or otherwise, obtain payment in respect of any principal of or interest on its portion of any of the Loans or any other amounts due in connection therewith resulting in such Xxxxxx’s receiving payment of a proportion of the aggregate amount of the Loans and accrued interest thereon and other amounts due in connection therewith greater than its pro rata share thereof as provided herein, then the Lender shall (a) notify the Administrative Agent of such fact and (b) purchase (for cash at face value) participations in the portions of the Loans of the other Lenders, or make such other adjustments as shall be equitable, so that the benefit of all such payments shall be shared by the Lenders ratably in accordance with the aggregate amount of principal of, accrued interest on and other amounts due in connection with their respective portions of the Loans and other amounts owing them; provided, that:

Sharing of Payments by Xxxxxxx. If any Lender shall, by exercising any right of setoff or otherwise, obtain payment in respect of any principal of or interest on its portion of any of the Loans or any other amounts due prepayment premium in connection therewith resulting in such XxxxxxLender’s receiving payment of a proportion of the aggregate amount of the Loans and accrued interest thereon and other amounts due prepayment premium in connection therewith greater than its pro rata share thereof as provided herein, then the Lender shall (a) notify the Administrative Agent of such fact and (b) purchase (for cash at face value) participations in the portions of the Loans of the other Lenders, or make such other adjustments as shall be equitable, so that the benefit of all such payments shall be shared by the Lenders ratably in accordance with the aggregate amount of principal of, accrued interest on and other amounts due prepayment premium in connection with their respective portions of the Loans and other amounts owing them; provided, that:

Sharing of Payments by Xxxxxxx. If any Lender shall, by exercising any right of setoff or counterclaim or otherwise, obtain payment in respect of any principal of or interest on its portion of any of the its Loans or any other amounts due in connection therewith obligations hereunder resulting in such Xxxxxx’s receiving payment of a proportion of the aggregate amount of the its Loans and accrued interest thereon and or other amounts due in connection therewith such obligations (other than pursuant to Sections 4.9, 4.10, 4.11 or 11.3) greater than its pro rata share thereof as provided herein, then the Lender receiving such greater proportion shall (a) notify the Administrative Agent of such fact fact, and (b) purchase (for cash at face value) participations in the portions of the Loans and such other obligations of the other Lenders, or make such other adjustments as shall be equitable, so that the benefit of all such payments shall be shared by the Lenders ratably in accordance with the aggregate amount of principal of, of and accrued interest on and other amounts due in connection with their respective portions of the Loans and other amounts owing them; provided, provided that:

Sharing of Payments by Xxxxxxx. If any Lender shall, by exercising any right of setoff or counterclaim or otherwise, obtain payment in respect of any principal of or interest on its portion of any of the Loans made by it, or any other amounts due the participations in connection therewith L/C Obligations held by it resulting in such XxxxxxLender’s receiving payment of a proportion of the aggregate amount of the any such Loans or participations and accrued interest thereon and other amounts due in connection therewith greater than its pro rata share thereof as provided herein, then the Lender receiving such greater proportion shall (a) notify the Administrative Agent of such fact fact, and (b) purchase (for cash at face value) participations in the portions of the Loans and subparticipations in L/C Obligations of the other Lenders, or make such other adjustments as shall be equitable, so that the benefit of all such payments shall be shared by the Lenders ratably in accordance with the aggregate amount of principal of, of and accrued interest on and other amounts due in connection with their respective portions of the Loans and other amounts owing them; provided, provided that:

Sharing of Payments by Xxxxxxx. If any Lender shall, by exercising any right of setoff or counterclaim or otherwise, obtain payment in respect of any principal of or interest on its the portion of any of the Loans or any other amounts due in connection therewith a Term Loan made by it, resulting in such Xxxxxx’s receiving payment of a proportion of the aggregate amount of the Loans such Term Loan and accrued interest thereon and other amounts due in connection therewith greater than its pro rata share thereof as provided herein, then the Lender receiving such greater proportion shall (a) notify the Administrative Agent of such fact fact, and (b) purchase (for cash at face value) participations in the portions of the Loans of such Term Loan held by the other Lenders, or make such other adjustments as shall be equitable, so that the benefit of all such payments shall be shared by the Lenders ratably in accordance with the aggregate amount of principal of, of and accrued interest on and other amounts due in connection with their respective portions of the Loans applicable Term Loan and other amounts owing them; provided, provided that:

Sharing of Payments by Xxxxxxx. If any Lender shall, by exercising any right of setoff or counterclaim or otherwise, obtain payment in respect of any principal of or interest on its portion of any of the Loans made by it, or any other amounts due the participations in connection therewith L/C Obligations, resulting in such XxxxxxLender’s receiving payment of a proportion of the aggregate amount of the such Loans or participations and accrued interest thereon and other amounts due in connection therewith greater than its pro rata share thereof as provided herein, then the Lender receiving such greater proportion shall (a) notify the Administrative Agent of such fact fact, and (b) purchase (for cash at face value) participations in the portions of the Loans and subparticipations in L/C Obligations of the other Lenders, or make such other adjustments as shall be equitable, so that the benefit of all such payments shall be shared by the Lenders ratably in accordance with the aggregate amount of principal of, of and accrued interest on and other amounts due in connection with their respective portions of the Loans and other amounts owing them; provided, that:

Sharing of Payments by Xxxxxxx. If any Lender shall, by exercising any right of setoff or counterclaim or otherwise, obtain payment in respect of any principal of or interest on its portion of any of the its Loans or any other amounts due in connection therewith obligations hereunder resulting in such Xxxxxx’s Lender receiving payment of a proportion of the aggregate amount of the its Loans and accrued interest thereon and or other amounts due in connection therewith such obligations (other than pursuant to Sections 3.1, 3.4, 3.5 or 10.4) greater than its pro rata share thereof as provided herein, then the Lender receiving such greater proportion shall (a) notify the Administrative Agent of such fact fact, and (b) purchase (for cash at face value) participations in the portions of the Loans and such other obligations of the other Lenders, or make such other adjustments as shall be equitable, so that the benefit of all such payments shall be shared by the Lenders ratably in accordance with the aggregate amount of principal of, of and accrued interest on and other amounts due in connection with their respective portions of the Loans and other amounts owing them; provided, provided that:

Sharing of Payments by Xxxxxxx. (a) If any Lender shallLender, by exercising any right of setoff or counterclaim or otherwise, obtain obtains any payment in respect of any principal of or interest on its portion of any of the Loans or any other amounts due in connection therewith resulting reduction that might result in such Xxxxxx’s Lender receiving payment or other reduction of a proportion of the aggregate amount of the its Loans and accrued interest thereon and or other amounts due in connection therewith obligations hereunder greater than its pro rata share Pro Rata Share thereof as provided herein, then the Lender receiving such payment or other reduction shall promptly (ax) notify the Administrative Agent of such fact fact, and (by) purchase (for cash at face value) participations in the portions of the Loans and such other obligations of the other Lenders, or make such other adjustments as shall be equitable, so that the benefit of all such payments shall be F#116541 Second Amended & Restated Loan Agreement C#34357 shared by the Lenders ratably rateably in accordance with the aggregate amount of principal of, of and accrued interest on and other amounts due in connection with their respective portions of the Loans and other amounts owing them; provided, provided that:

Sharing of Payments by Xxxxxxx. If any Lender shall, by exercising any right of setoff or counterclaim or otherwise, obtain payment in respect of any principal of or interest on its portion of any of the Loans made by it, or any other amounts due the participations in connection therewith LC Obligations resulting in such Xxxxxx’s receiving payment of a proportion of the aggregate amount of the such Loans or participations and accrued interest thereon and other amounts due in connection therewith greater than its pro rata share thereof as provided herein, then the Lender receiving such greater proportion shall (a) notify the Administrative Agent of such fact fact, and (b) purchase (for cash at face value) participations in the portions of the Loans and subparticipations in LC Obligations of the other Lenders, or make such other adjustments as shall be equitable, so that the benefit of all such payments shall be shared by the Lenders ratably in accordance with the aggregate amount of principal of, of and accrued interest on and other amounts due in connection with their respective portions of the Loans and other amounts owing them; provided, provided that:: 49 [OPAL Fuels Credit Agreement]

Sharing of Payments by Xxxxxxx. If any Lender shall, by exercising any right of setoff or counterclaim or otherwise, obtain payment in respect of any principal of or interest on its portion of any of the Loans made by it, or any other amounts due the participations in connection therewith Swing Line Loans held by it resulting in such Xxxxxx’s receiving payment of a proportion of the aggregate amount of the such Loans or participations and accrued interest thereon and other amounts due in connection therewith greater than its pro rata share thereof as provided herein, then the Lender receiving such greater proportion shall (a) notify the Administrative Agent of such fact fact, and (b) purchase (for cash at face value) participations in the portions of the Loans and subparticipations in Swing Line Loans of the other Lenders, or make such other adjustments as shall be equitable, so that the benefit of all such payments shall be shared by the Lenders ratably in accordance with the aggregate amount of principal of, of and accrued interest on and other amounts due in connection with their respective portions of the Loans and other amounts owing them; provided, provided that:

Sharing of Payments by Xxxxxxx. If any Lender shall, by exercising any right of setoff or otherwise, obtain payment in respect of any principal of or interest on its portion of any of the Loans or any other amounts due in connection therewith resulting in such XxxxxxLender’s receiving payment of a proportion of the aggregate amount of the Loans and accrued interest thereon and other amounts due in connection therewith greater than its pro rata share thereof as provided herein, then the Lender shall (a) notify the Administrative Agent of such fact and (b) purchase (for cash at face value) participations in the portions of the Loans of the other Lenders, or make such other adjustments as shall be equitable, so that the benefit of all such payments shall be shared by the Lenders ratably in accordance with the aggregate amount of principal of, accrued interest on and other amounts due in connection with their respective portions of the Loans and other amounts owing them; provided, that:

Sharing of Payments by Xxxxxxx. If any Lender shall, by exercising any right of setoff or counterclaim or otherwise, obtain payment in respect of any principal of or interest on its portion of any of the Loans made by it, or any other amounts due the participations in connection therewith L/C Obligations held by it resulting in such Xxxxxx’s receiving payment of a proportion of the aggregate amount of the such Loans or participations and accrued interest thereon and other amounts due in connection therewith greater than its pro rata share thereof as provided herein, then the Lender receiving such greater proportion shall (a) notify the Administrative Agent of such fact fact, and (b) purchase (for cash at face value) participations in the portions of Loans under the Loans applicable Facility and subparticipations in L/C Obligations of the other Lenders, or make such other adjustments as shall be equitable, so that the benefit of all such payments shall be shared by the Lenders ratably in accordance with the aggregate amount of principal of, of and accrued interest on and other amounts due in connection with their respective portions of the Loans and other amounts owing them; provided, provided that:

Sharing of Payments by Xxxxxxx. If any Lender shall, by exercising any right of setoff or counterclaim or otherwise, obtain payment in respect of any principal of or interest on its portion of any of the its Loans or any other amounts due in connection therewith obligations hereunder resulting in such Xxxxxx’s receiving payment of a proportion of the aggregate amount of the its Loans and accrued interest thereon and or other amounts due in connection therewith such obligations (other than pursuant to Sections 5.9, 5.10, 5.11 or 12.3) greater than its pro rata share thereof as provided herein, then the Lender receiving such greater proportion shall (a) notify the Administrative Agent of such fact fact, and (b) purchase (for cash at face value) participations in the portions of the Loans and such other obligations of the other Lenders, or make such other adjustments as shall be equitable, so that the benefit of all such payments shall be shared by the Lenders ratably in accordance with the aggregate amount of principal of, of and accrued interest on and other amounts due in connection with their respective portions of the Loans and other amounts owing them; provided, provided that:

Sharing of Payments by Xxxxxxx. If any Lender shall, by exercising any right of setoff or counterclaim or otherwise, obtain payment in respect of any principal of or interest on its portion of any of the Loans made by it, or any other amounts due the participations in connection therewith L/C Obligations held by it resulting in such XxxxxxLender’s receiving payment of a proportion of the aggregate amount of the such Loans or participations and accrued interest thereon and other amounts due in connection therewith greater than its pro rata Pro Rata share thereof as provided herein, then the Lender receiving such greater proportion shall (a) notify the Administrative Agent of such fact fact, and (b) purchase (for cash at face value) participations in the portions of the Loans and subparticipations in L/C 57 Obligations of the other Lenders, or make such other adjustments as shall be equitable, so that the benefit of all such payments shall be shared by the Lenders ratably in accordance with the aggregate amount of principal of, of and accrued interest on and other amounts due in connection with their respective portions of the Loans and other amounts owing them; provided, provided that: