Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement with respect to the Commitments and Loans assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations on a non-pro rata basis as between its Revolving Commitments and/or Revolving Loans, on the one hand, and any Term Loan Commitment and/or Term Loan, on the other the hand.
Appears in 2 contracts
Sources: Credit Agreement (BurgerFi International, Inc.), Credit Agreement (BurgerFi International, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender▇▇▇▇▇▇’s Loans and Commitments, and rights and obligations under this Agreement with respect to the Commitments and Loans thereto assigned, except that this clause (iiSection 11.06(b)(ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations in respect of its Revolving Commitment (and the related Revolving Loans thereunder) and its outstanding Term Loans on a non-pro rata basis as between its Revolving Commitments and/or Revolving Loans, on the one hand, and any Term Loan Commitment and/or Term Loan, on the other the handbasis.
Appears in 2 contracts
Sources: Credit Agreement (Guidewire Software, Inc.), Credit Agreement (Docusign, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement with respect to the Commitments and Loans Class of Credit Extensions or the Class of Commitments, as the case may be, assigned, except that this clause (ii) shall not prohibit any Revolving Loan Lender from assigning all or a portion of its rights and obligations among separate Revolving Commitments on a non-pro rata basis as between its Revolving Commitments and/or Revolving Loans, on the one hand, and any Term Loan Commitment and/or Term Loan, on the other the hand.basis;
Appears in 2 contracts
Sources: Credit Agreement (Snyder's-Lance, Inc.), Credit Agreement (Snyder's-Lance, Inc.)
Proportionate Amounts. Each partial assignment of any Class of Commitments or Loans shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement with respect to such Class of the Loans or the Commitments and Loans assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations in respect of its Revolving Commitments (and the related Revolving Loans thereunder), its outstanding Term Loans on a non-pro rata basis as between its Revolving Commitments and/or Revolving Loans, on the one hand, and any Term Loan Commitment and/or Term Loan, on the other the handbasis.
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s Loans and Revolving Commitments, and rights and obligations under this Agreement with respect to the Commitments and Loans thereto, assigned, except that this clause (iiSection 10.06(b)(ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations in respect of its Revolving Commitment (and the related Revolving Loans thereunder) on a non-pro rata basis as between its Revolving Commitments and/or Revolving Loans, on the one hand, and any Term Loan Commitment and/or Term Loan, on the other the hand.basis;
Appears in 1 contract
Proportionate Amounts. Each partial assignment of Revolving Commitments and/or Revolving Loans shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement with respect to the Revolving Commitments and and/or Revolving Loans assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis as between its Revolving Commitments and/or Revolving Loans, on the one hand, and any Term Loan Commitment and/or Term Loan, on the other the handbasis.
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement with respect to the Loans, Revolving Credit Exposure or the Commitments and Loans assigned, except that this clause (ii) provided, that, such Lender shall not prohibit any Lender from assigning all or a assign such portion of its rights and obligations with respect to its Loans or its Commitments on a non-pro rata basis as between its Revolving Commitments and/or Revolving Loansand provided, on the one handfurther, that after such assignment each Lender’s Term Loans and any Term Loan Commitment and/or Term Loan, on the other the handCommitments shall be proportionally equal to such Lender’s Revolving Loan Commitments.
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (Bristow Group Inc)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement with respect to the Commitments and Loans assigned, except that this clause (iib)(ii) shall not prohibit any Lender from assigning all all, or a portion portion, of its rights and obligations on a non-pro rata basis as between its Revolving Commitments Commitment and/or Revolving Loans, on the one hand, and any its Commitments in respect of Term Loan Commitment Loans and/or its Term LoanLoans, on the other the hand.
Appears in 1 contract
Sources: Credit Agreement (Heritage Insurance Holdings, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement with respect to the Commitments and Loans or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights 117 and obligations among the Tranche A Commitments, the Tranche B Commitments or the Term Loans on a non-pro rata basis as between its Revolving Commitments and/or Revolving Loans, on the one hand, and any Term Loan Commitment and/or Term Loan, on the other the handbasis.
Appears in 1 contract
Proportionate Amounts. Each partial assignment of a Loan or Commitment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement with respect to the Commitments and Loans Loan or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Classes or Series on a non-pro rata basis as between its Revolving Commitments and/or Revolving Loans, on the one hand, and any Term Loan Commitment and/or Term Loan, on the other the hand.basis;
Appears in 1 contract
Sources: Credit Agreement (Us Ecology, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender▇▇▇▇▇▇’s rights and obligations under this Agreement with respect to the Commitments and Loans assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights 109 and obligations on a non-pro rata basis as between its Revolving Commitments Commitment and/or Revolving Loans, on the one hand, and any Term Loan Commitment and/or Term LoanLoans, on the other the hand.
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender▇▇▇▇▇▇’s rights and obligations under this Agreement with respect to the Commitments and Loans Loan or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among Delayed Draw Term Loan Commitments and Initial Term Loans on a non-pro rata basis as between its Revolving Commitments and/or Revolving Loans, on the one hand, and any Term Loan Commitment and/or Term Loan, on the other the handbasis.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Ares Commercial Real Estate Corp)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s Loans and Commitments, and rights and obligations under this Agreement with respect to the Commitments and Loans thereto, assigned, except that this clause (ii) shall not (A) prohibit any Lender from assigning all or a portion of its rights and obligations in respect of its Revolving Commitment (and the related Revolving Loans thereunder) and its outstanding Term Loans on a non-pro rata basis as between its Revolving Commitments and/or Revolving Loans, on the one hand, and any Term Loan Commitment and/or Term Loan, on the other the hand.basis;
Appears in 1 contract
Sources: Credit Agreement (McAfee, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement with respect to the Commitments and Loans Loan, the Revolving Credit Commitment or the Tranche A-2 Term Loan Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis as between its Revolving Commitments and/or Revolving Loans, on the one hand, and any Term Loan Commitment and/or Term Loan, on the other the handbasis.
Appears in 1 contract
Sources: Credit Agreement (RLJ Lodging Trust)
Proportionate Amounts. Each partial assignment of any Class of Commitments or Loans shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement with respect to such Class of the Loans or the Commitments and Loans assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations in respect of its outstanding Commitments or Term Loans on a non-pro rata basis as between its Revolving Commitments and/or Revolving Loans, on the one hand, and any Term Loan Commitment and/or Term Loan, on the other the handbasis.
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement with respect to the Commitments and Loans Loan or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations with respect to Delayed Draw Term Loan Commitment on a non-pro rata basis as between its Revolving Commitments and/or Revolving from the Loans, on the one hand, and any Term Loan Commitment and/or Term Loan, on the other the hand.
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender▇▇▇▇▇▇’s rights and obligations under this Agreement with respect to the Commitments and Loans Loan or the Revolving Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations in respect of its Revolving Commitment and its Term Loan on a non-pro rata basis as between its Revolving Commitments and/or Revolving Loans, on the one hand, and any Term Loan Commitment and/or Term Loan, on the other the handbasis.
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement with respect to the Commitments and Loans or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations relating to its Term Loan Commitment on the one hand, and its Revolving Loan Commitment on the other, on a non-pro rata basis as between its Revolving Commitments and/or Revolving Loans, on the one hand, and any Term Loan Commitment and/or Term Loan, on the other the hand.basis;
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure or the Commitments and Loans assigned, except that this clause (iiSection 12.4(b)(ii) shall not prohibit any LEGAL02/38433738v11 Lender from assigning all or a portion of its rights and obligations on a non-pro rata basis as between its Revolving Commitments Commitment and/or Revolving Loans, on the one hand, and any Term Loan Commitment and/or Term LoanLoans, on the other the hand.
Appears in 1 contract
Sources: Credit Agreement (Air Transport Services Group, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s Loans and Revolving Commitments, and rights and obligations under this Agreement with respect to the Commitments and Loans thereto, assigned, except that this clause (iiSection 11.06(b)(ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations in respect of its Revolving Commitment (and the related Revolving Loans thereunder) on a non-pro rata basis as between its Revolving Commitments and/or Revolving Loans, on the one hand, and any Term Loan Commitment and/or Term Loan, on the other the hand.basis;
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement with respect to the Commitments and Loans assigned, except that this clause (iib)(ii) shall not prohibit any Lender from assigning all all, or a portion portion, of its rights and obligations on a non-pro rata basis as between its Revolving Commitments Commitment and/or Revolving Loans, on the one hand, and any Term Loan Commitment and/or Term LoanLoans, on the other the hand.
Appears in 1 contract
Sources: Credit Agreement (Heritage Insurance Holdings, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning LenderL▇▇▇▇▇’s rights and obligations under this Agreement with respect to the Commitments and Loans Loan or the Revolving Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations on a non-pro rata basis as between its in respect of the Revolving Commitments and/or Loans or Revolving LoansCommitments, on the one hand, and any or the Term Loan Commitment and/or Term LoanLoans, on the other the hand, on a non-rata basis.
Appears in 1 contract
Sources: Credit Agreement (NETSTREIT Corp.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement with respect to the Commitments and Loans or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights Revolving Loan Commitment and obligations Term Loan Commitment on a non-pro rata basis as between its Revolving Commitments and/or Revolving Loans, on the one hand, and any Term Loan Commitment and/or Term Loan, on the other the hand.basis;
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning LenderL▇▇▇▇▇’s rights and obligations under this Agreement with respect to the Commitments and Loans or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among the Revolving Loan Commitments or outstanding Term Loans on a non-pro rata basis as between its Revolving Commitments and/or Revolving Loans, on the one hand, and any Term Loan Commitment and/or Term Loan, on the other the hand.basis;
Appears in 1 contract
Sources: Credit Agreement (Ryman Hospitality Properties, Inc.)
Proportionate Amounts. Each partial assignment of Commitments and/or Revolving Loans shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement with respect to the Commitments and and/or Revolving Loans being assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis as between its Revolving Commitments and/or Revolving Loans, on the one hand, and any Term Loan Commitment and/or Term Loan, on the other the handbasis.
Appears in 1 contract
Sources: Credit Agreement (Hornbeck Offshore Services Inc /La)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement with respect to the Loans, other Revolving Credit Exposure or the Commitments and Loans assigned, except that this clause (iiSection 12.4(b)(ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations on a non-pro rata basis as between its Revolving Commitments Commitment and/or Revolving Loans, on the one hand, and any Term Loan Commitment and/or Term LoanLoans, on the other the hand.
Appears in 1 contract
Sources: Credit Agreement (Air Transport Services Group, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement with respect to the Commitments and Loans assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations on a non-pro rata basis as between its (x) 364-Day Revolving Commitments Commitment and/or 364-Day Revolving Loans, on the one hand, (y) Revolving Commitment and/or Revolving Loans and (z) any Term Loan Commitment and/or Term Loan, on the other the handLoans.
Appears in 1 contract
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s Loans and Revolving Commitments, and rights and obligations under this Agreement with respect to the Commitments and Loans thereto, assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations in respect of its Revolving Commitment (and the related Revolving Loans thereunder) on a non-pro rata basis as between its Revolving Commitments and/or Revolving Loans, on the one hand, and any Term Loan Commitment and/or Term Loan, on the other the hand.basis;
Appears in 1 contract