Common use of Proration Procedures Clause in Contracts

Proration Procedures. All Term Loans offered in Return Bids (or, if applicable, any component bid thereof) constituting Qualifying Bids at the Applicable Threshold Price will be purchased at the Applicable Threshold Price; provided that if (a) the aggregate principal amount of all Term Loans for which Qualifying Bids have been submitted in any given Auction at the Applicable Threshold Price would exceed the remaining portion of the Auction Amount (after deducting all Term Loans to be purchased below the Applicable Threshold Price), or (b) the aggregate amount of Term Loans purchased pursuant to such Auction would exceed the Maximum Permitted Auction Amount therefor, Offeror shall purchase the Term Loans for which the Qualifying Bids submitted were at the Applicable Threshold Price ratably based on the respective principal amounts offered and in an aggregate amount equal to the lower of (x) the amount necessary to complete the purchase of the Auction Amount and (y) the highest amount that would not cause Offeror to exceed the Maximum Permitted Auction Amount. No Return Bids (or any component thereof) will be accepted above the Applicable Threshold Price.

Appears in 3 contracts

Sources: Credit Agreement (Francesca's Holdings CORP), Credit Agreement (Francesca's Holdings CORP), Credit Agreement (Francesca's Holdings CORP)

Proration Procedures. All Term B Loans or Incremental Term B Loans offered in Return Bids (or, if applicable, any component bid thereof) constituting Qualifying Bids at equal to the Applicable Threshold Price will be purchased at a purchase price equal to the Applicable Threshold Price; provided that provided, if (a) the aggregate principal amount of all Term B Loans or Incremental Term B Loans for which Qualifying Bids have been submitted in any given Dutch Auction at equal to the Applicable Threshold Price would exceed the remaining portion of the Auction Amount (after deducting all Term B Loans to be or Incremental Term B Loans purchased below the Applicable Threshold Price), or (b) the aggregate amount of Term Loans purchased pursuant to such Dutch Auction would exceed the Maximum Permitted Auction Amount therefor, Offeror Purchaser shall purchase the Term B Loans or Incremental Term B Loans for which the Qualifying Bids submitted were at the Applicable Threshold Price ratably based on the respective principal amounts offered and in an aggregate amount equal up to the lower of (x) the amount necessary to complete the purchase of the Auction Amount and (y) the highest amount that would not cause Offeror to exceed the Maximum Permitted Auction Amount. No For the avoidance of doubt, no Return Bids (or any component thereof) will be accepted above the Applicable Threshold Price.

Appears in 1 contract

Sources: Credit Agreement (Kbr, Inc.)

Proration Procedures. All Term Loans offered in Return Bids (or, if applicable, any component bid thereof) constituting Qualifying Bids at the Applicable Threshold Price will be purchased at the Applicable Threshold Price; provided that if (a) the aggregate principal amount (calculated on the face amount thereof) of all Term Loans of the applicable tranche for which Qualifying Bids have been submitted in any given Auction at the Applicable Threshold Price would exceed the remaining portion of the Auction Amount (after deducting all Term Loans of the applicable tranche to be purchased at prices below the Applicable Threshold Price), or (b) unless the aggregate amount of Term Loans purchased pursuant to such Auction would exceed Notice is withdrawn in accordance with the Maximum Permitted Auction Amount thereforterms hereof, Offeror the Borrower shall purchase the Term Loans of the applicable tranche for which the Qualifying Bids submitted were at the Applicable Threshold Price ratably based on the respective principal amounts offered and in an aggregate amount equal to the lower of (x) the amount necessary to complete the purchase of the Auction Amount and (y) the highest amount that would not cause Offeror to exceed the Maximum Permitted Auction Amount. No Return Bids (or any component thereof) thereof will be accepted above the Applicable Threshold Price.

Appears in 1 contract

Sources: Credit Agreement (Calpine Corp)

Proration Procedures. All Term B-1 Loans and/or Term B-2 Loans offered in Return Bids (or, if applicable, any component bid thereof) constituting Qualifying Bids at the Applicable Threshold Price will be purchased at the Applicable Threshold Price; provided that if (a) the aggregate principal amount (calculated on the face amount thereof) of all Term Loans of the applicable tranche for which Qualifying Bids have been submitted in any given Auction at the Applicable Threshold Price would exceed the remaining portion of the Auction Amount (after deducting all Term Loans of the applicable tranche to be purchased at prices below the Applicable Threshold Price), or (b) unless the aggregate amount of Term Loans purchased pursuant to such Auction would exceed Notice is withdrawn in accordance with the Maximum Permitted Auction Amount thereforterms hereof, Offeror the Borrower shall purchase the Term Loans of the applicable tranche for which the Qualifying Bids submitted were at the Applicable Threshold Price ratably based on the respective principal amounts offered and in an aggregate amount equal to the lower of (x) the amount necessary to complete the purchase of the Auction Amount and (y) the highest amount that would not cause Offeror to exceed the Maximum Permitted Auction Amount. No Return Bids (or any component thereof) thereof will be accepted above the Applicable Threshold Price.

Appears in 1 contract

Sources: Credit Agreement (Calpine Corp)

Proration Procedures. All Term Loans offered in Return Bids (or, if applicable, any component bid thereof) constituting Qualifying Bids at the Applicable Threshold Price will be purchased at the Applicable Threshold Price; provided that if (a) the aggregate principal amount (calculated on the face amount thereof) of all Term Loans for which Qualifying Bids have been submitted in any given Auction at the Applicable Threshold Price would exceed the remaining portion of the Auction Amount (after deducting all Term Loans to be purchased at prices below the Applicable Threshold Price), or (b) unless the aggregate amount of Term Loans purchased pursuant to such Auction would exceed Notice is withdrawn in accordance with the Maximum Permitted Auction Amount thereforterms hereof, Offeror each Borrower Party shall purchase the Term Loans for which the Qualifying Bids submitted were at the Applicable Threshold Price ratably based on the respective principal amounts offered and in an aggregate amount equal to the lower of (x) the amount necessary to complete the purchase of the Auction Amount and (y) the highest amount that would not cause Offeror to exceed the Maximum Permitted Auction Amount. No Return Bids (or any component thereof) thereof will be accepted above the Applicable Threshold Price.Applicable

Appears in 1 contract

Sources: Credit Agreement (Dynegy Inc.)