Settlement. It is agreed that each Lender's funded portion of the Revolving Loans is intended by the Lenders to equal, at all times, such Lender's Pro Rata Share of the outstanding Revolving Loans. Such agreement notwithstanding, Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders as to the Revolving Loans, the Swing Loans, and the Protective Advances shall take place on a periodic basis in accordance with the following provisions:
Settlement. It is agreed that each Lender'Lender’s funded portion of the Revolving Loans is intended by the Lenders to equal, at all times, such Lender'Lender’s Pro Rata Share of the outstanding Revolving Loans. Such agreement notwithstanding, Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of Borrower)Borrowers) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders as to the Revolving Loans, theLoans (including Swing Loans,Loans and the Protective AdvancesExtraordinary Advances) shall take place on a periodic basis in accordance with the following provisions:
Settlement. It is agreed that each Lender'Lenders funded portion of the Revolving Loans is intended by the Lenders to equal, at all times, such Lender'Lenders Pro Rata Share of the outstanding Revolving Loans.Loans, subject to Sections 2.3(b), 2.3(c) and 2.3(d). Such agreement notwithstanding, Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of Borrower)Borrowers or any other Loan Party) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders as to the Revolving Loans, the Swing Loans, and the ProtectiveExtraordinary Advances shall take place on a periodic basis in accordance with the following provisions:
Settlement. It is agreed that each Lender'Lender’s funded portion of the Revolving LoansAdvances is intended by the Lenders to equal, at all times, such Lender'Lender’s Pro Rata Share of the outstanding Revolving Loans.Advances. Such agreement notwithstanding, Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of Borrower)Borrowers) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders as to the Revolving Loans,Advances (including the Swing Loans,Loans and the Protective AdvancesAdvances) shall take place on a periodic basis in accordance with the following provisions:
Settlement. It is agreed that each Lender'Lender’s funded portion of the Revolving Loans is intended by the Lenders to equal,be equal at all times,times to such Lender'Lender’s Pro Rata Share of the outstanding Revolving Loans. Such agreement notwithstanding,Notwithstanding such agreement, Agent, Swing Lender,Wells Fargo and the other Lenders agree (which agreement shall not be for the benefit of Borrower)or enforceable by Borrowers) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lendersthem as to the Revolving Loans, the Swing Loans,Non-Ratable Loans and the ProtectiveAgent Advances shall take place on a periodic basis in accordance with the following provisions:
Settlement. It is agreed that eachIn determining whether a Lender's funded portionbalance of the Revolving LoansLoans, Swing Loans, and Protective Advances is intended by the Lenders to equal, at all times,less than, equal to, or greater than such Lender's Pro Rata Share of the outstanding Revolving Loans. Such agreement notwithstanding, Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders as to the Revolving Loans, the Swing Loans, and the Protective Advances shall take place onas of a periodic basisSettlement Date, Agent shall, as part of the relevant Settlement, apply to such balance the portion of payments actually received in accordancegood funds by Agent with respect to principal, interest, fees payable by Borrower and allocable to the following provisions:Lenders hereunder, and proceeds of Collateral.
Settlement. It is agreed that each Lender'In determining whether a Lender’s funded portionbalance of the Revolving Loans (including Swing Loans and Extraordinary Advances) is intended by the Lenders to equal, at all times,less than, equal to, or greater than such Lender'Lender’s Pro Rata Share of the outstanding Revolving Loans. Such agreement notwithstanding, Agent,Loans (including Swing Lender,Loans and Extraordinary Advances) as of a Settlement Date, Agent shall, as part of the other Lenders agree (which agreement shall not be forrelevant Settlement, apply to such balance the benefitportion of Borrower) thatpayments actually received in ordergood funds by Agent with respect to facilitate the administration of this Agreementprincipal, interest, fees payable by Borrowers and the other Loan Documents, settlement amongallocable to the Lenders as to the Revolving Loans, the Swing Loans,hereunder, and the Protective Advances shall take place on a periodic basis in accordance with the following provisions:proceeds of Collateral.
Settlement. It is agreedBetween Settlement Dates, Agent, to the extent Protective Advances or Swing Loans are outstanding, may pay over to Agent or Swing Lender, as applicable, any payments or other amounts received by Agent, that each Lender's funded portionin accordance with the terms of this Agreement would be applied to the reduction of the Revolving Loans, for application to the Protective Advances or Swing Loans. Between Settlement Dates, Agent, to the extent no Protective Advances or Swing Loans is intendedare outstanding, may pay over to Swing Lender any payments or other amounts received by Agent, that in accordance with the Lendersterms of this Agreement would be applied to equal, at all times, suchthe reduction of the Revolving Loans, for application to Swing Lender's Pro Rata Share of the Revolving Loans. If, as of any Settlement Date, payments or other amounts of Borrower or its Subsidiaries received since the then immediately preceding Settlement Date have been applied to Swing Lender's Pro Rata Share of the Revolving Loans other than to Swing Loans, as provided for in the previous sentence, Swing Lender shall pay to Agent for the accounts of the Lenders, and Agent shall pay to the Lenders (other than a Defaulting Lender if Agent has implemented the provisions of [Section 2.3(g)]), to be applied to the outstanding Revolving Loans of such Lenders, an amount such that each such Lender shall, upon receipt of such amount, have, as of such Settlement Date, its Pro Rata Share of the Revolving Loans. Such agreement notwithstanding, Agent,During the period between Settlement Dates, Swing Lender,Lender with respect to Swing Loans, Agent with respect to Protective Advances, and the other Lenders agree (which agreement shall not be for the benefit of Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders aseach Lender with respect to the Revolving Loans,Loans other than Swing Loans and Protective Advances, shall be entitled to interest at the applicable rate or rates payable under this Agreement on the daily amount of funds employed by Swing Loans, andLender, Agent, or the Protective Advances shall take place on a periodic basis in accordance with the following provisions:Lenders, as applicable.
Settlement. It is agreed thatAgent shall request settlement ("Settlement") with the Lenders on a weekly basis, or on a more frequent basis if so determined by Agent in its sole discretion # on behalf of Swing Lender, with respect to the outstanding Swing Loans, # for itself, with respect to the outstanding Protective Advances, and # with respect to Borrower's or its Subsidiaries' payments or other amounts received, as to each Lender's funded portionby notifying the Lenders by telecopy, telephone, or other similar form of transmission, of such requested Settlement, no later than 2:00 p.m. on the Business Day immediately prior to the date of such requested Settlement (the date of such requested Settlement being the "Settlement Date"). Such notice of a Settlement Date shall include a summary statement of the amount of outstanding Revolving Loans, Swing Loans, and Protective Advances for the period since the prior Settlement Date. Subject to the terms and conditions contained herein (including [Section 2.3(g)]): # if the amount of the Revolving Loans (including Swing Loans, and Protective Advances) made by a Lender that is intended by the Lenders to equal, at all times,not a Defaulting Lender exceeds such Lender's Pro Rata Share of the outstanding Revolving Loans. Such agreement notwithstanding, Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders as to the Revolving Loans, theLoans (including Swing Loans, and Protective Advances) as of a Settlement Date, then Agent shall, by no later than 12:00 p.m. on the Settlement Date, transfer in immediately available funds to a Deposit Account of such Lender (as such Lender may designate), an amount such that each such Lender shall, upon receipt of such amount, have as of the Settlement Date, its Pro Rata Share of the Revolving Loans (including Swing Loans, and Protective Advances), and # if the amount of the Revolving Loans (including Swing Loans, and Protective Advances) made by a Lender is less than such Lender's Pro Rata Share of the Revolving Loans (including Swing Loans, and Protective Advances) as of a Settlement Date, such Lender shall no later than 12:00 p.m. on the Settlement Date transfer in immediately available funds to Agent's Account, an amount such that each such Lender shall, upon transfer of such amount, have as of the Settlement Date, its Pro Rata Share of the Revolving Loans (including Swing Loans and Protective Advances). Such amounts made available to Agent under [clause (z)] of the immediately preceding sentence shall be applied against the amounts of the applicable Swing Loans or Protective Advances shall take place on a periodic basis in accordanceand, together with the following provisions:portion of such Swing Loans or Protective Advances representing Swing Lender's Pro Rata Share thereof, shall constitute Revolving Loans of such Lenders. If any such amount is not made available to Agent by any Lender on the Settlement Date applicable thereto to the extent required by the terms hereof, Agent shall be entitled to recover for its account such amount on demand from such Lender together with interest thereon at the Defaulting Lender Rate.
Settlement. It is agreed that each Lender'In determining whether a Lenders funded portionbalance of the Revolving LoansLoans, Swing Loans, and Extraordinary Advances is intended by the Lenders to equal, at all times,less than, equal to, or greater than such Lender'Lenders Pro Rata Share of the outstanding Revolving Loans. Such agreement notwithstanding, Agent, Swing Lender, and the other Lenders agree (which agreement shall not be for the benefit of Borrower) that in order to facilitate the administration of this Agreement and the other Loan Documents, settlement among the Lenders as to the Revolving Loans, the Swing Loans, and Extraordinary Advances as of a Settlement Date, Agent shall, as part of the Protective Advances shall take place on a periodic basisrelevant Settlement, apply to such balance the portion of payments actually received in accordancegood funds by Agent with respect to principal, interest, fees payable by Borrowers and allocable to the following provisions:Lenders hereunder, and proceeds of Collateral.
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