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 or the Commitment assigned, except that this clause (ii) shall not apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans;
Appears in 433 contracts
Sources: Credit Agreement (Avnet Inc), Credit Agreement (New York Times Co), Credit Agreement (Resmed 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 Loans or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swing Line Lender’s rights and obligations in respect of Swing Line LoansLoans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis;
Appears in 163 contracts
Sources: Credit Agreement (WEX Inc.), Credit Agreement (Acadia Healthcare Company, Inc.), Credit Agreement (Graphic Packaging Holding Co)
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 or the Commitment assigned, except that this clause (ii) shall not apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans;.
Appears in 101 contracts
Sources: Credit Agreement (Church & Dwight Co Inc /De/), Credit Agreement (GENTHERM Inc), Third Amended and Restated Credit Agreement (Equitrans Midstream 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 Loans or the Commitment assigned, except that this clause (ii) shall not apply to rights in respect of the Swing Line Lender’s rights and obligations in respect of Swing Line Loans;
Appears in 49 contracts
Sources: Revolving Credit Agreement (TJX Companies Inc /De/), Credit Agreement (Vail Resorts Inc), Credit Agreement (Vail Resorts 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 and the other Loan Documents with respect to the Loans or and/or the Commitment assigned, except that this clause (ii) shall not apply to the Swing Line Swingline Lender’s rights and obligations in respect of Swing Line Swingline Loans;.
Appears in 46 contracts
Sources: Credit Agreement (El Pollo Loco Holdings, Inc.), Credit Agreement (Evi Industries, Inc.), Credit Agreement (Armstrong Flooring, 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 Loans or the Commitment thereto, assigned, except that this clause (ii) shall not apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans;
Appears in 43 contracts
Sources: Credit Agreement (Trex Co Inc), Credit Agreement (Albemarle Corp), Credit Agreement (Brady 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 Loans or the Commitment assigned, except that this clause (ii) shall not apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans;
Appears in 43 contracts
Sources: Asset Based Revolving Credit Agreement (Albertsons Companies, Inc.), Credit Agreement (Carpenter Technology Corp), Credit Agreement (Matson, 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 Loans or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans;Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.
Appears in 38 contracts
Sources: Credit Agreement (Sylvamo Corp), Credit Agreement (Sylvamo Corp), Credit Agreement (Kbr, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s 's rights and obligations under this Agreement with respect to the Loans or the Commitment assigned, except that this clause (ii) shall not apply to the Swing Line Lender’s 's rights and obligations in respect of Swing Line Loans;
Appears in 28 contracts
Sources: Credit Agreement (Cisco Systems, Inc.), Credit Agreement (Nu Skin Enterprises Inc), Credit Agreement (Patterson Uti Energy 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 Loans or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swing Line Swingline Lender’s rights and obligations in respect of Swing Line LoansSwingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Classes on a non-pro rata basis;
Appears in 21 contracts
Sources: Restatement Agreement (Constellation Brands, Inc.), Credit Agreement (Cable One, Inc.), Restatement Agreement (Constellation Brands, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s 's rights and obligations under this Agreement with respect to the Loans or the Commitment assigned, except that this clause (ii) shall not apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans;
Appears in 20 contracts
Sources: Credit Agreement (Rh), Credit Agreement (Destination Xl Group, Inc.), Credit Agreement (Foot Locker, 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 and the other Loan Documents with respect to the Loans or and/or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swing Line Swingline Lender’s rights and obligations in respect of Swing Line Loans;Swingline Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.
Appears in 20 contracts
Sources: Credit Agreement (Ducommun Inc /De/), Credit Agreement (Blackbaud Inc), Credit Agreement (Amedisys 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 Loans or the Commitment assigned, except that this clause (ii) shall not apply to the Swing Line Swingline Lender’s rights and obligations in respect of Swing Line Swingline Loans;
Appears in 20 contracts
Sources: Credit Agreement (Shutterstock, Inc.), Credit Agreement (Affiliated Managers Group, Inc.), Credit Agreement (Affiliated Managers 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 Loans or the Revolving Credit Commitment assigned, except that this clause (ii) shall not apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans;
Appears in 18 contracts
Sources: Credit Agreement (Del Taco Restaurants, Inc.), Third Amendment and Restatement Agreement (Targa Resources Partners LP), Second Amendment and Restatement Agreement (Targa Resources Partners LP)
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 and the other Loan Documents with respect to the Loans or and/or the Commitment assigned, except that this clause (iib)(ii) shall not apply to the Swing Line Swingline Lender’s rights and obligations in respect of Swing Line Swingline Loans;.
Appears in 18 contracts
Sources: Credit Agreement (Radiant Logistics, Inc), Credit Agreement (1847 Goedeker Inc.), Credit Agreement (Paycom Software, 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 Loans or the Commitment assigned, except that this clause (ii) shall not apply to rights in respect of Bid Loans or the Swing Line Lender’s rights and obligations in respect of Swing Line Loans;
Appears in 17 contracts
Sources: Credit Agreement (Camden Property Trust), Credit Agreement (ONE Gas, Inc.), Credit Agreement (Oneok Inc /New/)
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 and the other Loan Documents with respect to the Loans or and/or the Commitment assigned, except that this clause (iib)(ii) shall not apply to the Swing Line Swingline Lender’s rights and obligations in respect of Swing Line Swingline Loans;.
Appears in 16 contracts
Sources: Credit Agreement (DocGo Inc.), Credit Agreement (Turtle Beach Corp), Credit Agreement (Ibotta, 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 Loans or the Commitment assignedeach applicable Facility, except that this clause (ii) shall not (A) apply to the Swing Line Lender’s rights and obligations in respect of Swing Line LoansLoans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations under one Facility on a non-pro rata basis relative to its rights and obligations under another Facility;
Appears in 15 contracts
Sources: Credit Agreement (OUTFRONT Media Inc.), Credit Agreement (OUTFRONT Media Inc.), Credit Agreement (OUTFRONT Media Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s 's Loans and Commitments, and rights and obligations under this Agreement with respect to the Loans or the Commitment thereto, assigned, except that this clause (ii) shall not apply to the Swing Line Lender’s 's rights and obligations in respect of Swing Line Loans;
Appears in 14 contracts
Sources: Credit Agreement (Vectren Utility Holdings Inc), Credit Agreement (Vectren Utility Holdings Inc), Credit Agreement (Vectren Utility 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 Loans or the Commitment assigned, except that this clause (ii) shall not apply to the Swing Line Swingline Lender’s rights and obligations in respect of Swing Line Swingline Loans;.
Appears in 14 contracts
Sources: Credit Agreement (Energy Transfer LP), Credit Agreement (Sunoco LP), Credit Agreement (Sunoco LP)
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 or the Commitment assigned, except that this clause (ii) shall not apply to (A) the Swing Line Lender’s rights and obligations in respect of Swing Line LoansLoans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis;
Appears in 13 contracts
Sources: Credit Agreement (Apple Hospitality REIT, Inc.), Credit Agreement (Apple Hospitality REIT, Inc.), Credit Agreement (Getty Realty Corp /Md/)
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 or the Commitment assigned, except that this clause (ii) shall not (A) apply to the any Swing Line Lender’s rights and obligations in respect of Swing Line LoansLoans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis;
Appears in 13 contracts
Sources: Credit Agreement (AdvanSix Inc.), Credit Agreement (AdvanSix Inc.), Credit Agreement (Greif, 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 Loans or the Revolving Commitment assigned, except that this clause (ii) shall not apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans;
Appears in 11 contracts
Sources: Revolving Credit and Term Loan Agreement (Waste Connections, Inc.), Revolving Credit and Term Loan Agreement (Waste Connections, Inc.), Credit Agreement (Hcp, 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 Loans or the Commitment assigned, except that this clause (ii) shall not apply to the rights in respect of the Swing Line Lender’s rights and obligations in respect of Swing Line Loans;.
Appears in 11 contracts
Sources: Credit Agreement (Dayton Power & Light Co), Credit Agreement (Dayton Power & Light Co), Credit Agreement (Dayton Power & Light Co)
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 or the Commitment assigned, except that this clause (ii) shall not apply to rights in respect of the Swing Line Lender’s rights and obligations in respect of Swing Line Loans;.
Appears in 10 contracts
Sources: Credit Agreement (Sonic Automotive Inc), Credit Agreement (Lowes Companies Inc), Credit Agreement (Lowes Companies 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 Loans or the Revolving Credit Commitment assigned, except that this clause (ii) shall not apply to rights in respect of the Swing Line Loan Lender’s rights and obligations in respect of Swing Line Loans;
Appears in 9 contracts
Sources: Credit Agreement (JOANN Inc.), Credit Agreement (JOANN Inc.), Credit Agreement (Chinos 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 Credit Agreement with respect to the Loans or the Commitment assigned, except that this clause (ii) shall not apply to the Swing Line Swingline Lender’s rights and obligations in respect of Swing Line Swingline Loans;
Appears in 9 contracts
Sources: 364 Day Credit Agreement (Autozone Inc), Credit Agreement (Mercury Systems Inc), Credit Agreement (Autozone 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 Loans or the Commitment assigned, except that this clause (ii) shall not apply to the Swing Line Lender’s Lenders’ rights and obligations in respect of Swing Line Loans;
Appears in 9 contracts
Sources: Credit Agreement (Celanese Corp), Credit Agreement (Oneok Inc /New/), Credit Agreement (Oneok Inc /New/)
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 or the Commitment assignedassigned and with respect to rights under separate Facilities, except that this clause (ii) shall not apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans;.
Appears in 9 contracts
Sources: Credit Agreement (Bojangles', Inc.), Amendment No. 4 (Bojangles', Inc.), Amendment No. 4 (Bojangles', 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 Loans or the Commitment assigned, except that this clause (ii) shall not apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans;; (iii)
Appears in 9 contracts
Sources: Credit Agreement (Warner Bros. Discovery, Inc.), Credit Agreement (Warner Bros. Discovery, Inc.), Credit Agreement (Warner Bros. Discovery, 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 and the other Loan Documents with respect to the Loans or the Commitment assigned, except that this clause (ii) shall not apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans;
Appears in 8 contracts
Sources: Credit Agreement (McGrath Rentcorp), Credit Agreement (Lululemon Athletica Inc.), Credit Agreement (McGrath Rentcorp)
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 or the Commitment assigned, except that this clause (ii) shall not apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans;.
Appears in 8 contracts
Sources: Fifth Amendment to Credit Agreement (Ascent Industries Co.), Fourth Amendment to Credit Agreement (Ascent Industries Co.), Credit Agreement (Key Tronic 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 Loans or the Commitment assigned, except that this clause (ii) shall not apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans;.
Appears in 8 contracts
Sources: Credit Agreement (Sanmina Corp), Credit Agreement (Church & Dwight Co Inc /De/), Credit Agreement (Vontier 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 Loans or the Revolving Credit Commitment assigned, except that this clause (ii) shall not apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans;.
Appears in 8 contracts
Sources: Credit Agreement (Gates Industrial Corp PLC), Credit Agreement (DJO Finance LLC), Credit Agreement (Polymer 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 Loans or the Commitment assigned, except that this clause paragraph (ii) shall not (A) apply to the Swing Line Lender’s rights and obligations in respect of Swing Line LoansLoans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis;
Appears in 8 contracts
Sources: Credit Agreement (ACCO BRANDS Corp), Credit Agreement (ACCO BRANDS Corp), Credit Agreement (ACCO BRANDS Corp)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s 's rights and obligations under this Agreement with respect to the Loans or the Commitment assigned, except that this clause subsection (ii) shall not apply to the Swing Line Lender’s 's rights and obligations in respect of Swing Line Loans;.
Appears in 8 contracts
Sources: Credit Agreement (Telephone & Data Systems Inc /De/), Credit Agreement (United States Cellular Corp), Credit Agreement (Telephone & Data Systems Inc /De/)
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 and the other Loan Documents with respect to the Loans or the Commitment assigned, except that this clause (ii) shall not apply to the Swing Line Lender’s Lenders’ rights and obligations in respect of Swing Line Loans;
Appears in 8 contracts
Sources: Credit Agreement (Newpark Resources Inc), Abl Credit Agreement (U.S. Well Services, Inc.), Abl Credit Agreement (Basic Energy Services 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 Loans Loan or the Commitment assigned, except that this clause (ii) shall not apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans;.
Appears in 8 contracts
Sources: Amended and Restated Credit Agreement (Oil States International, Inc), Credit Agreement (Oil States International, Inc), Credit Agreement (Oil States International, 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 Loans or the Commitment assigned, except that this clause (ii) shall not apply to rights in respect of the Swing Line Lender’s rights and obligations in respect of Swing Line Loans;
Appears in 7 contracts
Sources: Revolving Credit Agreement (TJX Companies Inc /De/), Credit Agreement (Aar Corp), Revolving Credit Agreement (TJX Companies Inc /De/)
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 or the Commitment assigned, except that this clause (ii) shall not apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans;
Appears in 7 contracts
Sources: Credit Agreement (Pra Group Inc), Credit Agreement (Teledyne Technologies Inc), Loan Modification Agreement (Pra 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 all of its the Loans or the Commitment assignedCommitments, except that this clause (ii) shall not apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans;
Appears in 7 contracts
Sources: Credit Agreement (Vince Holding Corp.), Credit Agreement (Vince Holding Corp.), Credit Agreement (Vince Holding 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 Loans or the Commitment Commitments assigned, except that this clause (ii) shall not (A) apply to the Swing Line Lender’s rights and obligations in respect of Swing Line LoansLoans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations under separate Facilities on a non-pro-rata basis;
Appears in 6 contracts
Sources: Credit Agreement (Pebblebrook Hotel Trust), Credit Agreement (Pebblebrook Hotel Trust), Credit Agreement (Pebblebrook Hotel Trust)
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 or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swing Line Lender’s rights and obligations in respect of Swing Line LoansLoans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among any Facilities on a non-pro rata basis;
Appears in 6 contracts
Sources: Syndicated Facility Agreement (Aecom), Credit Agreement (Aecom), Credit Agreement (Aecom)
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 or the Commitment assigned, assigned except that this clause (ii) shall not apply to the Swing Line Swingline Lender’s rights and obligations in respect of Swing Line Swingline Loans;
Appears in 6 contracts
Sources: Revolving Credit Agreement (American Tower Corp /Ma/), Multicurrency Revolving Credit Agreement (American Tower Corp /Ma/), Revolving Credit Agreement (American Tower Corp /Ma/)
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 or the Commitment assigned, except that this clause (ii) shall not apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans;
Appears in 6 contracts
Sources: Credit Agreement, Credit Agreement (NVR Inc), Credit Agreement (Azz 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 Credit Agreement with respect to the Loans or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swing Line Lender’s rights and obligations in respect of Swing Line LoansLoans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis;
Appears in 6 contracts
Sources: Credit Agreement (Madison Square Garden Entertainment Corp.), Credit Agreement (Madison Square Garden Entertainment Corp.), Credit Agreement (MSG Networks 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 Loans or the Commitment assigned, except that this clause (ii) shall not apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans;.
Appears in 6 contracts
Sources: Credit Agreement (Fortive Corp), Credit Agreement (Ralliant Corp), Credit Agreement (Tetra Tech 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 any Facility with respect to the Loans or the Commitment assigned, except that this clause (ii) shall not apply to the Swing Line Lender’s rights and obligations in respect of the Swing Line Loans; provided 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;
Appears in 6 contracts
Sources: Amendment and Restatement Agreement (Valvoline Inc), Amendment and Restatement Agreement (Valvoline Inc), Credit Agreement (Ashland Global 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 Loans Advances and the L/C Advances or the Commitment assigned, except that this clause (ii) shall not apply to rights of the Swing Line Lender’s rights and obligations Lender in respect of Swing Line Loans;
Appears in 6 contracts
Sources: Credit Agreement (Invesco Ltd.), Credit Agreement (Invesco Ltd.), Credit Agreement (Invesco Ltd.)
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 and the other Loan Documents with respect to the Loans or the Commitment assigned, except that this clause (ii) shall not apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans;.
Appears in 5 contracts
Sources: Credit Agreement (Mohawk Industries Inc), Credit Agreement (Mohawk Industries Inc), Credit Agreement (Clarcor 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 and the other Loan Documents with respect to the Loans or the Commitment assigned, except that this clause (ii) shall not apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans;
Appears in 5 contracts
Sources: Credit Agreement (Ipg Photonics Corp), First Incremental Facility Amendment (McGrath Rentcorp), Credit Agreement (Cisco Systems, 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 Loans or the Commitment assigned, except that this clause subsection (ii) shall not apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans;.
Appears in 5 contracts
Sources: Credit Agreement (Halozyme Therapeutics, Inc.), Credit Agreement (Tandem Diabetes Care Inc), Credit Agreement (Telephone & Data Systems Inc /De/)
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 or the Commitment assigned, except that this clause (ii) shall not apply to the any Swing Line Lender’s rights and obligations in respect of Swing Line Loans;Loans made by such Swing Line Lender.
Appears in 5 contracts
Sources: Incremental Facility and Amendment Agreement (Noble Midstream Partners LP), Credit Agreement (Noble Midstream Partners LP), Credit Agreement (Noble Midstream Partners LP)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s 's rights and obligations under this Agreement with respect to the Loans or the Commitment assigned, except that this clause (ii) shall not apply to the Swing Line Lender’s 's rights and obligations in respect of Swing Line Loans;.
Appears in 5 contracts
Sources: Credit Agreement (Mueller Industries Inc), Credit Agreement (Tech Data Corp), Credit Agreement (Columbus McKinnon 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 Loans or the Commitment assigned, except that this clause (ii) shall not (A) apply to the any Swing Line Lender’s rights and obligations in respect of Swing Line LoansLoans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non‑pro rata basis;
Appears in 5 contracts
Sources: Credit Agreement (Vista Outdoor Inc.), Credit Agreement (AdvanSix Inc.), Credit Agreement (AdvanSix Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s ▇▇▇▇▇▇'s rights and obligations under this Agreement with respect to the Loans or the Commitment assigned, except that this clause (ii) shall not apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans;
Appears in 5 contracts
Sources: Credit Agreement (Destination Xl Group, Inc.), Credit Agreement (Lands' End, Inc.), Credit Agreement (Kirkland's, 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 and the other Loan Documents with respect to the Loans or and/or the Revolving Commitment assigned, except that this clause (ii) shall not apply to the Swing Line Swingline Lender’s rights and obligations in respect of Swing Line Swingline Loans;.
Appears in 5 contracts
Sources: Credit Agreement (Movado Group Inc), Credit Agreement (Movado Group Inc), Credit Agreement (Vertex Pharmaceuticals Inc / Ma)
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 or the Commitment assigned, assigned except that this clause (ii) shall not apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans;
Appears in 5 contracts
Sources: Credit Agreement (STAG Industrial, Inc.), Credit Agreement (STAG Industrial, Inc.), Credit Agreement (STAG Industrial, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all of the assigning Lender’s 's Loans and Commitments, and rights and obligations under this Agreement with respect to the Loans or the Commitment thereto, assigned, except that this clause (ii) shall not apply to the Swing Line Swingline Lender’s 's rights and obligations in respect of Swing Line Swingline Loans;
Appears in 5 contracts
Sources: Credit Agreement (Nv Energy, Inc.), Credit Agreement (Nv Energy, Inc.), Credit Agreement (Nv Energy, 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 Loans or the Commitment assigned, except that this clause (ii) shall not apply to the a Swing Line Lender’s rights and obligations in respect of Swing Line Loans;.
Appears in 5 contracts
Sources: Credit Agreement (Church & Dwight Co Inc /De/), Credit Agreement (Church & Dwight Co Inc /De/), Credit Agreement (Church & Dwight Co Inc /De/)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s 's rights and obligations under this Agreement with respect to the Loans or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swing Line Lender’s 's rights and obligations in respect of Swing Line LoansLoans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis;
Appears in 5 contracts
Sources: Credit Agreement (Parexel International Corp), Credit Agreement (Cal Dive International, Inc.), Credit Agreement (Graphic Packaging Holding Co)
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 Loan or the Commitment assigned, except that this clause (iiSection 11.06(b)(ii) shall not apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans;.
Appears in 5 contracts
Sources: Debt Agreement (Breitburn Energy Partners LP), Credit Agreement, Credit Agreement (Breitburn Energy Partners LP)
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 Loan or the Commitment assigned, except that this clause (ii) shall not apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans;.
Appears in 5 contracts
Sources: Credit Agreement (Wayfair Inc.), Credit Agreement (GrubHub Inc.), Credit Agreement (GrubHub 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 Loans Advances or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swing Line Lender’s rights and obligations in respect of Swing Line LoansAdvances or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis;
Appears in 5 contracts
Sources: Fourth Amended and Restated Revolving Credit Agreement (Gap Inc), Revolving Credit Agreement (Rayonier Advanced Materials Inc.), Revolving Credit Agreement (Rayonier Advanced Materials 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 Credit Agreement with respect to the Loans or the Commitment assigned, except that this clause (iib) shall not apply to rights in respect of the Swing Line Lender’s rights and obligations in respect of Swing Line Loans;
Appears in 5 contracts
Sources: Credit Agreement (Barnes Group Inc), Senior Unsecured Revolving Credit Agreement (Barnes Group Inc), Credit Agreement (Barnes 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 Loans or the Commitment assigned, except that this clause (ii) shall not apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans;.
Appears in 5 contracts
Sources: Credit Agreement (EQT Midstream Partners, LP), Credit Agreement (EQT Midstream Partners, LP), Revolving Credit Agreement (EQT 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 Loans or the Commitment thereto assigned, except that this clause (ii) shall not (A) apply to the Swing Line Lender’s rights and obligations in respect of Swing Line LoansLoans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among any revolving credit facility or term loan facility provided hereunder on a non-pro rata basis;
Appears in 5 contracts
Sources: Credit Agreement (Compass Group Diversified Holdings LLC), Credit Agreement (5.11 Abr Corp.), Credit Agreement (Compass Group Diversified Holdings LLC)
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 any Loans or the Commitment Commitments (including Commitments with respect to any applicable Sublimits) assigned, except that this clause (ii) shall not apply to the any Swing Line Lender’s rights and obligations in respect of the Swing Line LoansLoans made by such Swing Line Lender;
Appears in 4 contracts
Sources: Credit Agreement (Thermo Fisher Scientific Inc.), Credit Agreement (Thermo Fisher Scientific Inc.), Credit Agreement (Thermo Fisher Scientific 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 Loans Loan or the Commitment assigned, except that this clause (ii) shall not apply to the Swing Line Swingline Lender’s rights and obligations in respect of Swing Line the Swingline Loans;
Appears in 4 contracts
Sources: Five Year Credit Agreement (Cardinal Health Inc), Five Year Credit Agreement (Cardinal Health Inc), Credit Agreement (Cardinal Health 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 Loans or the Commitment assigned, except that this clause (ii) shall not apply to the any Swing Line Lender’s rights and obligations in respect of Swing Line Loans;
Appears in 4 contracts
Sources: Credit Agreement (Hain Celestial Group Inc), Credit Agreement (Hain Celestial Group Inc), Credit Agreement (Hain Celestial 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 Loans or the Commitment Commitments assigned, except that this clause (ii) shall not apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans;
Appears in 4 contracts
Sources: Credit Agreement (Hancock Fabrics Inc), Credit and Term Loan Agreement (Dividend Capital Diversified Property Fund Inc.), Credit Agreement (Quiksilver 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 Loans or the Commitment assigned, except that this clause (ii) shall not apply to the Swing Line Swingline Lender’s rights and obligations in respect of Swing Line Swingline Loans;
Appears in 4 contracts
Sources: Credit Agreement (Affiliated Managers Group, Inc.), Credit Agreement (Affiliated Managers Group, Inc.), Credit Agreement (Shutterstock, 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 Loans Loan or the Commitment assignedassigned and shall be pro rata among the separate Facilities of such Lender, except that this clause (ii) shall not apply to the Applicable Swing Line Lender’s rights and obligations in respect of Swing Line Loans;.
Appears in 4 contracts
Sources: Syndicated Facility Agreement (Civeo Corp), Syndicated Facility Agreement (Civeo Corp), Syndicated Facility Agreement (Civeo 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 Revolving Loans or the Commitment assigned, except that this clause (ii) shall not apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans;.
Appears in 4 contracts
Sources: Credit Agreement (Waddell & Reed Financial Inc), Credit Agreement (Waddell & Reed Financial Inc), Credit Agreement (Waddell & Reed Financial 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 Loans or the Commitment assigned, assigned except that this clause (ii) shall not apply to rights in respect of the Swing Line Lender’s rights and obligations in respect of Swing Line Loans;.
Appears in 4 contracts
Sources: Credit Agreement (American Realty Capital Trust III, Inc.), Credit Agreement (American Realty Capital Trust, Inc.), Credit Agreement (STAG Industrial, 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 Loans or the Commitment assigned, assigned except that this clause (ii) shall not apply to the Swing Line Swingline Lender’s rights and obligations in respect of Swing Line Swingline Loans;
Appears in 4 contracts
Sources: Third Amended and Restated Multicurrency Revolving Credit Agreement (American Tower Corp /Ma/), Revolving Credit Agreement (American Tower Corp /Ma/), Multicurrency Revolving Credit Agreement (American Tower Corp /Ma/)
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 and the other Loan Documents with respect to the Loans or the Commitment assigned, except that this clause (ii) shall not apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans;.
Appears in 4 contracts
Sources: Credit Agreement (Mastec Inc), Credit Agreement (Mastec Inc), Credit Agreement (Mastec 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 Loans or the Commitment assigned, except that this clause (iiSection 10.06(b)(ii) shall not (A) apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans;Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among any Facilities on a non-pro rata basis.
Appears in 4 contracts
Sources: Specified Acquisition Loan Joinder (Casella Waste Systems Inc), Credit Agreement (Casella Waste Systems Inc), Credit Agreement (Casella Waste Systems 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 Loans or the Commitment assigned, except that this clause (ii) shall not apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans;; (iii)
Appears in 4 contracts
Sources: Credit Agreement (Biomarin Pharmaceutical Inc), Credit Agreement (Lovesac Co), Credit Agreement (Griffin-American Healthcare REIT III, 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 Loans or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swing Line Lender’s rights and obligations in respect of Swing Line LoansLoans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among the revolving credit facility or term loan facility provided hereunder on a non-pro rata basis;
Appears in 4 contracts
Sources: Credit Agreement (Ii-Vi Inc), Credit Agreement (Ii-Vi Inc), Credit Agreement (Ii-Vi 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 Loans or the Revolving Credit Commitment assigned, except that this clause (ii) shall not (A) apply to the Swing Line Lender’s rights and obligations in respect of Swing Line LoansLoans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis;
Appears in 4 contracts
Sources: Credit Agreement (Standex International Corp/De/), Credit Agreement (Standex International Corp/De/), Credit Agreement (Standex International Corp/De/)
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 and the other Loan Documents with respect to the Loans or the Commitment assigned, except that this clause (ii) shall not (A) apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans;Loans or (B) prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.
Appears in 4 contracts
Sources: Credit Agreement (MULTI COLOR Corp), Credit Agreement (C&J Energy Services Ltd.), Credit Agreement (C&J Energy Services Ltd.)
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 and the other Loan Documents with respect to the Loans or and/or the Revolving Commitment assigned, except that this clause (iiSection 11.06(b)(ii) shall not apply to the Swing Line Swingline Lender’s rights and obligations in respect of Swing Line Swingline Loans;.
Appears in 4 contracts
Sources: Credit Agreement (Vertex Pharmaceuticals Inc / Ma), Credit Agreement (Vertex Pharmaceuticals Inc / Ma), Credit Agreement (Vertex Pharmaceuticals Inc / Ma)
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 or the Commitment assigned, except that this clause (ii) shall not apply to the Swing Line Lender’s rights and obligations in respect of Bid Loans or Swing Line Loans;
Appears in 4 contracts
Sources: Credit Agreement (Adobe Inc.), Credit Agreement (Adobe Systems Inc), Credit Agreement (Sonoco Products Co)
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 Advances or the Revolving Credit Commitment assigned, except that this clause (ii) shall not apply to the Swing Line LenderBank’s rights and obligations in respect of Swing Line LoansAdvances;
Appears in 4 contracts
Sources: Credit Agreement (Cracker Barrel Old Country Store, Inc), Credit Agreement (Cracker Barrel Old Country Store, Inc), Credit Agreement (Cracker Barrel Old Country Store, 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 Credit Agreement with respect to the Loans or the Revolving Commitment assigned, except that this clause (ii) shall not apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans;
Appears in 4 contracts
Sources: Revolving Credit and Term Loan Agreement (Healthcare Realty Holdings, L.P.), Credit Agreement (Healthcare Realty Trust Inc), Credit Agreement (Healthcare Realty Trust 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 Credit Agreement with respect to the Loans or the Commitment assigned, except that this clause (ii) shall not apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans;
Appears in 4 contracts
Sources: Credit Agreement (Quest Diagnostics Inc), Credit Agreement (Sabra Health Care REIT, Inc.), Credit Agreement (Sabra Health Care REIT, 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 Loans or the Revolving Credit Commitment assigned, except that this clause (ii) shall not apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans;.
Appears in 4 contracts
Sources: Credit Agreement (Matrix Service Co), Credit Agreement (Matrix Service Co), Credit Agreement (Matrix Service Co)
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 Revolving Credit Loans or the Commitment assigned, except that this clause (ii) shall not apply to the Swing Line Swingline Lender’s rights and obligations in respect of Swing Line Swingline Loans;
Appears in 3 contracts
Sources: Credit Agreement (Books a Million Inc), Credit Agreement (Radioshack Corp), Credit Agreement (Books a Million Inc)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s Revolving Loans and Commitments assigned, and rights and obligations under this Agreement with respect to the Loans or the Commitment assignedthereto, except that this clause (ii) shall not apply to the Swing Line Swingline Lender’s rights and obligations in respect of Swing Line Swingline Loans;
Appears in 3 contracts
Sources: Credit Agreement (Lincare Holdings Inc), Credit Agreement (Lincare Holdings Inc), Credit Agreement (Lincare Holdings Inc)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s 's rights and obligations under this Agreement with respect to the Loans or and the Commitment assigned, except that this clause (ii) shall not apply to the Swing Line Lender’s 's rights and obligations in respect of Swing Line Loans;.
Appears in 3 contracts
Sources: Credit Agreement (Paperweight Development Corp), Credit Agreement (Paperweight Development Corp), Credit Agreement (Appleton Papers Inc/Wi)
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 Loan or the Commitment assigned, except that this clause (ii) shall not apply to the Swing Line Swingline Lender’s rights and obligations in respect of Swing Line Swingline Loans;
Appears in 3 contracts
Sources: Credit Agreement (KKR Financial Holdings LLC), Credit Agreement (KKR Financial Holdings LLC), Credit Agreement (KKR Financial Holdings LLC)
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 or the Commitment assigned, except that this clause (ii) shall not apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans;.
Appears in 3 contracts
Sources: Credit Agreement (Landec Corp \Ca\), Credit Agreement (Roadrunner Transportation Systems, Inc.), Credit Agreement (Synalloy 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 Loans or the Commitment thereto, assigned, except that this clause (ii) shall not apply to the Swing Line Swingline Lender’s rights and obligations in respect of Swing Line Swingline Loans;
Appears in 3 contracts
Sources: Credit Agreement (Coeur Mining, Inc.), Credit Agreement (Coeur Mining, Inc.), Credit Agreement (Coeur Mining, 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 Loans or the Commitment assigned, except that this clause (ii) shall not apply to the Swing Line Lender’s rights and obligations in respect of Swing Line LoansLoans or prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis;
Appears in 3 contracts
Sources: Credit Agreement (Flex Ltd.), Credit Agreement (Flextronics International Ltd.), Credit Agreement (Flextronics International Ltd.)
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 or the Commitment assigned, except that this clause (ii) shall not apply to the Swing Line Loan Lender’s rights and obligations in respect of Swing Line Loans;
Appears in 3 contracts
Sources: Revolving Credit Agreement (Centro NP LLC), Revolving Credit Agreement (Centro NP LLC), Revolving Credit Agreement (New Plan Excel Realty Trust 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 Loans or the Commitment assigned, except that (A) this clause (ii) shall not apply to the Swing Line Lender’s Lenders’ rights and obligations in respect of Swing Line LoansLoans and (B) this clause (ii) shall not limit the right of a Lender to assign all or any portion of its Commitment;
Appears in 3 contracts
Sources: Credit Agreement (Container Store Group, Inc.), Credit Agreement (Container Store Group, Inc.), Credit Agreement (Container Store 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 Loans or the Commitment assigned, except that this clause (ii) shall not apply to the Swing Line Lender’s rights and obligations in respect of Swing Line Loans;. No Lender shall assign all or a portion of its rights and obligations among separate Facilities on a non-pro rata basis.
Appears in 3 contracts
Sources: Credit Agreement (Jakks Pacific Inc), Credit Agreement (Duluth Holdings Inc.), Credit Agreement (Purple Innovation, 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 Loans or the Commitment assigned, except that this clause (ii) shall not apply to rights in respect of the Swing Line LenderBank’s rights and obligations in respect of Swing Line Loans;
Appears in 3 contracts
Sources: Credit Agreement (CBIZ, Inc.), Credit Agreement (CBIZ, Inc.), Credit Agreement (CBIZ, 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 Loans or the Commitment assigned, except that (A) this clause (ii) shall not apply to the Swing Line Lender’s Lenders’ rights and obligations in respect of Swing Line LoansLoans and (B) this clause (ii) shall not limit the right of a Lender to assign all or any portion of its Commitment;
Appears in 3 contracts
Sources: Asset Based Revolving Credit Agreement (Container Store Group, Inc.), Transaction Support Agreement (Container Store Group, Inc.), Senior Secured Superpriority Debtor in Possession Asset Based Revolving Credit Agreement (Container Store Group, Inc.)