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 prohibit any Lender from assigning all or a portion of its rights and obligations among the revolving credit facility provided hereunder and any separate revolving credit or term loan facilities provided pursuant to the last paragraph of Section 11.01 on a non-pro rata basis;
Appears in 3 contracts
Sources: Credit Agreement (American Residential Properties, Inc.), Credit Agreement (American Residential Properties, Inc.), Credit Agreement (American Residential Properties, 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, other Revolving Credit Loans Exposure or the Commitment Commitments 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 among the revolving credit facility provided hereunder and any separate revolving credit or term loan facilities provided pursuant to the last paragraph of Section 11.01 on a non-pro rata basis;basis as between its Revolving Commitment and/or Revolving Loans, on the one hand, and any Incremental Term Loans, on the other the hand.
Appears in 3 contracts
Sources: Credit Agreement (Air Transport Services Group, Inc.), Credit Agreement (Air Transport Services Group, Inc.), 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 Revolving Credit 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 credit facility provided hereunder and any separate revolving credit or term loan facilities provided pursuant to the last paragraph of Section 11.01 on a non-pro rata basis;
Appears in 3 contracts
Sources: Credit Agreement (Adeptus Health Inc.), Credit Agreement (Adeptus Health Inc.), Credit Agreement (Adeptus 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 Revolving Credit 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 credit facility provided hereunder and any separate revolving credit or term loan facilities provided pursuant to the second to last paragraph of Section 11.01 10.01 on a non-pro rata basis;
Appears in 3 contracts
Sources: Credit Agreement (Dream Finders Homes, Inc.), Credit Agreement (Dream Finders Homes, Inc.), Credit Agreement (Dream Finders Homes, 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 Revolving Credit Loans Loan or the Commitment assigned, except that this clause paragraph (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among separate Facilities (in the revolving event that the Revolving Credit Facility is not the sole credit facility provided hereunder and any separate revolving credit or term loan facilities provided pursuant to the last paragraph of Section 11.01 under this Agreement) on a non-pro rata basis;.
Appears in 2 contracts
Sources: Credit Agreement (Fiesta Restaurant Group, Inc.), Credit Agreement (Gulf Island Fabrication 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 Revolving Credit 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 credit facility provided hereunder and any separate revolving credit or term loan facilities provided pursuant to the last paragraph of Section 11.01 10.01 on a non-pro rata basis;; (iii)
Appears in 2 contracts
Sources: Liquidity Credit Agreement (Tanger Properties LTD Partnership /Nc/), Credit Agreement (Tanger Properties LTD Partnership /Nc/)
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 prohibit any Lender from assigning all or a portion of its rights and obligations among the revolving credit facility provided hereunder and any separate revolving credit or term loan facilities provided pursuant to the last paragraph of Section 11.01 10.01 on a non-pro rata basis;
Appears in 2 contracts
Sources: Credit Agreement (Avery Dennison Corp), Credit Agreement (Avery Dennison 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 applicable Loans, other Revolving Credit Loans Exposure or the Commitment Commitments assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among in respect of its Revolving Commitment (and the revolving credit facility provided hereunder related Revolving Loans and any separate revolving credit or term loan facilities provided pursuant to the last paragraph of Section 11.01 other Revolving Credit Exposure thereunder) on a non-pro rata basis;.
Appears in 2 contracts
Sources: Credit Agreement (Molina Healthcare, Inc.), Credit Agreement (Molina Healthcare, 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 Revolving Credit 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 credit facility provided hereunder and any separate revolving credit or term loan facilities provided pursuant to the last paragraph of Section 11.01 on a non-pro rata basis;
Appears in 2 contracts
Sources: Credit Agreement (Arthur J. Gallagher & Co.), Credit Agreement (Arthur J. Gallagher & 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 Credit Agreement with respect to the Revolving Credit Loans Loans, Swingline Exposure 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 credit facility provided hereunder and any separate revolving credit Loans or term loan facilities provided pursuant to the last paragraph of Section 11.01 Swingline Exposure on a non-non pro rata basis;.
Appears in 2 contracts
Sources: Credit Agreement (Highland Funds I), Credit Agreement (Highland Floating Rate Fund)
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 prohibit any Lender from assigning all or a portion of its rights and obligations among the revolving credit facility provided hereunder and any separate revolving credit or term loan facilities provided pursuant to the last paragraph of Section 11.01 2.14 on a non-pro rata basis;
Appears in 2 contracts
Sources: Credit Agreement (International Money Express, Inc.), Credit Agreement (International Money Express, Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Revolving Credit Lender’s rights and obligations under this Agreement with respect to each of the Revolving Credit Loans Loans, the L/C Obligations or the Commitment assignedRevolving Credit Commitment, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among the revolving credit facility provided hereunder and under any separate revolving credit or term loan facilities provided pursuant to clause (x) of the last paragraph of Section 11.01 10.01 in each case on a non-pro rata basis;
Appears in 2 contracts
Sources: Credit Agreement (B. Riley Financial, Inc.), Credit Agreement (Babcock & Wilcox Enterprises, 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 Loan, the Revolving Credit Loans Commitment or the Term Credit 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 credit facility provided hereunder and any separate revolving credit or term loan facilities provided pursuant to the last paragraph of Section 11.01 Credit Facilities on a non-pro rata basis;
Appears in 1 contract
Sources: Credit Agreement (Blucora, 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 Revolving Credit Loans or and the Commitment Term Loan A, and the commitments relating thereto, being assigned, except and shall be pro rata with respect to such loans and commitments; provided that, that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its apply to rights and obligations among the revolving credit facility provided hereunder and any separate revolving credit or term loan facilities provided pursuant to the last paragraph in respect of Section 11.01 on a non-pro rata basisSwingline Loans;
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 Revolving Credit 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 credit facility provided hereunder and any separate revolving credit or term loan facilities provided pursuant to the last paragraph of Section 11.01 2.14 on a non-pro rata basis;
Appears in 1 contract
Sources: Credit Agreement (International Money Express, 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 Revolving Credit 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 Tranchesunder the revolving credit facility provided hereunder and any separate revolving credit or term loan facilities provided pursuant to the last paragraph of Section 11.01 Revolving Credit Facilities on a non-pro rata basis;basis with respect to each Revolving Credit Facility.
Appears in 1 contract
Sources: Credit Agreement (Universal Health Realty Income 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 Revolving Credit Loans Advance or the Commitment assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and NYDOCS01/1357750.4 obligations among the revolving credit facility provided hereunder Letter of Credit Facility and any separate revolving credit or term loan facilities provided pursuant to the last paragraph of Section 11.01 Revolving Credit Commitments on a non-pro rata basis;.
Appears in 1 contract
Sources: Credit Agreement (Xerox 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 Credit Loans or the Revolving Credit 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 tranches of the revolving credit facility provided hereunder and any separate revolving credit or term loan facilities provided pursuant to the last paragraph of Section 11.01 Revolving Credit Facility on a non-pro rata 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 Revolving Credit 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 credit facility provided hereunder and under any separate revolving credit or term loan facilities provided pursuant to the last paragraph of Section 11.01 10.01 in each case on a non-pro rata basis;
Appears in 1 contract
Sources: Credit Agreement (Babcock & Wilcox Enterprises, 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 Revolving Loans, Letter of Credit Loans Exposure and Swing Line Exposure or the Commitment assigned, except that this clause (ii2) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among the revolving credit facility provided hereunder and any separate revolving credit or term loan facilities provided pursuant to the last paragraph in respect of Section 11.01 Competitive Bid Loans on a non-pro rata basis;. 14071968v4
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 Revolving Credit 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 credit facility provided hereunder and any separate revolving credit or term loan facilities provided pursuant to the last paragraph of Section 11.01 10.01 on a non-pro rata basis;
Appears in 1 contract
Sources: Credit Agreement (Ciena Corp)
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 Credit Agreement with respect to the Revolving Credit Loans applicable Loan or the applicable 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 credit facility provided hereunder and any separate revolving credit or term loan facilities provided pursuant to the last paragraph of Section 11.01 Credit Facilities on a non-pro rata 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 Revolving Credit 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 credit facility provided hereunder and any separate revolving credit or term loan facilities provided pursuant to the second to last paragraph of Section 11.01 10.01 on a non-pro rata basis;; (iii)
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 Revolving Credit 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 credit facility provided hereunder and any separate revolving credit or term loan facilities provided pursuant to the second to last paragraph of Section 11.01 on a non-pro rata basis;
Appears in 1 contract
Sources: Credit Agreement (Ashford Inc.)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s or Issuing Bank’s rights and obligations under this Agreement with respect to the Revolving Credit Loans Advance 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 credit facility provided hereunder and any separate revolving credit or term loan facilities provided pursuant to the last paragraph of Section 11.01 Facilities on a non-pro rata basis;. Jabil Credit Agreement 65
Appears in 1 contract
Sources: Credit Agreement (Jabil Inc)
Proportionate Amounts. Each partial assignment shall be made as an assignment of a proportionate part of all the assigning LenderBank’s rights and obligations under this Agreement with respect to the Revolving Credit Loans Loan or the Loan Commitment assigned, except that this clause (ii) shall not prohibit any Lender Bank from assigning all or a portion of its rights and obligations among the revolving credit facility provided hereunder and any separate revolving credit or incremental term loan facilities provided pursuant to the last paragraph of Section 11.01 12.02(c)(ii) on a non-pro rata 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 Revolving Credit 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 credit facility provided hereunder and any separate revolving credit or term loan facilities provided pursuant to the last paragraph of Section 11.01 10.01 on a non-pro rata basis;; 109
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 Credit Agreement with respect to the Revolving Credit Loans or and any Term Loans, and the Commitment commitments relating thereto, being assigned, except and shall be pro rata with respect to such loans and commitments; provided that, that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its apply to rights and obligations among the revolving credit facility provided hereunder and any separate revolving credit or term loan facilities provided pursuant to the last paragraph in respect of Section 11.01 on a non-pro rata basisSwingline Loans;
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 Revolving Credit Loans or the Commitment assigned, except that this clause (ii(ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among the revolving credit facility provided hereunder and any separate revolving credit or term loan facilities provided pursuant to the last paragraph of Section 11.01 10.01 on a non-pro rata basis;
Appears in 1 contract
Sources: Credit Agreement (Ciena 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 Credit 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 under separate Facilities or among the revolving credit facility provided hereunder and any separate revolving credit or term loan facilities provided pursuant to the last paragraph of Section 11.01 10.01 on a non-pro rata 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 Revolving Credit 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 credit facility Facilities provided hereunder and any separate revolving credit or term loan facilities provided pursuant to the last paragraph of Section 11.01 on a non-pro rata basis;
Appears in 1 contract
Sources: Credit Agreement (American Residential Properties, 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 Revolving Credit 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 credit facility provided hereunder and any separate revolving credit or term loan facilities provided pursuant to the last penultimate paragraph of Section 11.01 on a non-pro rata 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 applicable Loans, other Revolving Credit Loans Exposure or the Commitment Commitments assigned, except that this clause (ii) shall not prohibit any Lender from assigning all or a portion of its rights and obligations among in respect of its Revolving Commitment (and the revolving credit facility provided hereunder related Revolving Loans and any separate revolving credit or term loan facilities provided pursuant to the last paragraph of Section 11.01 other Revolving Credit Exposure thereunder) on a non-pro rata 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 and the other Loan Documents with respect to the Revolving Credit 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 credit facility provided hereunder and any separate revolving credit or term loan facilities provided pursuant to the last paragraph of Section 11.01 10.01 on a non-pro rata 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 Revolving Credit 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 the revolving credit facility provided hereunder and any separate revolving credit Loan tranches (i.e., either Revolving Loans/Revolving Commitments or term loan facilities provided pursuant to the last paragraph of Section 11.01 Term Loans) on a non-pro rata basis;. Quantum Corporation Credit Agreement
Appears in 1 contract
Sources: Credit Agreement (Quantum 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 with respect to the Loan or the Revolving Credit 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 credit facility provided hereunder in respect of Revolving Credit Commitments and any separate revolving credit or term loan facilities provided pursuant to the last paragraph of Section 11.01 Incremental Term Loans on a non-pro rata basis;.
Appears in 1 contract