Common use of Availability of Lender's Pro Rata Share Clause in Contracts

Availability of Lender's Pro Rata Share. (1) Unless Agent has been notified by a Lender prior to a Funding Date of such Lender's intention not to fund its Pro Rata Share of the Loan amount requested by Borrower, Agent may assume that such Lender will make such amount available to Agent on the Business Day following the next Settlement Date. If such amount is not, in fact, made available to Agent by such Lender when due, Agent will be entitled to recover such amount on demand from such Lender without set-off, counterclaim or deduction of any kind.

Availability of Lender's Pro Rata Share. (1) Unless Agent has been notified by a Lender prior to a Funding Date of such Lender's intention not to fund its Pro Rata Share of the Loan amount requested by Borrower, Agent may assume that such Lender will make such amount available to Agent on the Business Day following Funding Date or the next Settlement Date, as applicable. If such amount is not, in fact, made available to Agent by such Lender when due, Agent will be entitled to recover such amount on demand from such Lender without set-off, counterclaim or deduction of any kind.

Availability of Lender's Pro Rata Share. (1i) Unless Agent has been notified by a Lender prior to a Funding Date any proposed funding date of such Lender's intention not to fund its Pro Rata Share of the Loan Advance amount requested by BorrowerBorrowers, Agent may assume that such Lender will make such amount available to Agent on the proposed funding date or the Business Day following the next Settlement Date, as applicable. If such amount is not, in fact, made available to Agent by such Lender when due, Agent will be entitled to recover such amount on demand from such Lender without set-off, counterclaim counterclaim, or deduction of any kind.

Availability of Lender's Pro Rata Share. (1) Unless Administrative Agent has been notified by a Lender prior to a Funding Date of such Lender's intention not to fund its Pro Rata Share of the Loan amount requested by Borrower, Administrative Agent may assume that such Lender will make such amount available to Administrative Agent on the Business Day following the next Settlement Date. If such amount is not, in fact, made available to Administrative Agent by such Lender when due, Administrative Agent will be entitled to recover such amount on demand from on such Lender without set-off, counterclaim or deduction of any kind.

Availability of Lender's Pro Rata Share. (1) Unless Agent has been notified by a Lender prior to a Funding Date of such Lender's intention not to fund its Pro Rata Share of the Loan amount requested by BorrowerBorrower Representative, Agent may assume that such Lender will make such amount available to Agent on the Funding Date or the Business Day following the next Settlement Date, as applicable. If such amount is not, in fact, made available to Agent by such Lender when due, Agent will be entitled to recover such amount on demand from such Lender without set-off, counterclaim or deduction of any kind.

Availability of Lender's Pro Rata Share. (1i) Unless Agent has been notified by a Lender prior to a Funding Date of such Lender's intention not to fund its Pro Rata Share of the a Revolver Loan amount requested by a Borrower, Agent may assume that such Lender will make such amount available to Agent on the Business Day following the next Settlement Date. If such amount is not, in fact, made available to Agent by such Lender when due, Agent will be entitled to recover such amount on demand from such Lender without set-off, counterclaim or deduction of any kind.

Availability of Lender's Pro Rata Share. (1) Unless Agent has been notified by a Lender prior to a Funding Date any proposed funding date of such Lender's intention not to fund its Pro Rata Share of the Loan amount requested by Borrower, Agent may assume that such Lender will make such amount available to Agent on the proposed funding date or the Business Day following the next Settlement Date, as applicable. If such amount is not, in fact, made available to Agent by such Lender when due, Agent will be entitled to recover such amount on demand from such Lender without set-off, counterclaim or deduction of any kind.

Availability of Lender's Pro Rata Share. (1i) Unless Agent has been notified by a Lender prior to a Funding Date any proposed funding date of such Lender's ’s intention not to fund its Pro Rata Share of the Loan Advance amount requested by Borrower, Agent may assume that such Lender will make such amount available to Agent on the proposed funding date or the Business Day following the next Settlement Date, as applicable. If such amount is not, in fact, made available to Agent by such Lender when due, Agent will be entitled to recover such amount on demand from such Lender without set-off, counterclaim counterclaim, or deduction of any kind.

Availability of Lender's Pro Rata Share. (1) Unless Agent has been notified by a Lender prior to a Funding Date of such Lender's intention not to fund its Pro Rata Share of the a Loan amount requested by Borrower, Agent may assume that such Lender will make such amount available to Agent on the Settlement Date or the Business Day following the next Settlement Date. If such amount is not, as applicable, and Agent may (but shall not be so required), in factreliance upon such assumption, made make available to Agent by Borrower on such Lender when due, Agent will be entitled to recover such amount on demand from such Lender without set-off, counterclaim or deduction of any kinddate a corresponding amount.

Availability of Lender's Pro Rata Share. (1) Unless Agent has been notified by a Lender prior to a Funding Date of such Lender's intention not to fund its Pro Rata Share of the Loan amount requested by Borrower, Agent may assume that such Lender will make such amount available to Agent on the Funding Date or the Business Day following the next Settlement Date. If such amount is not, as applicable, and Agent may (but shall not be so required), in factreliance upon such assumption, made make available to Agent by Borrower on such Lender when due, Agent will be entitled to recover such amount on demand from such Lender without set-off, counterclaim or deduction of any kinddate a corresponding amount.

Availability of Lender's Pro Rata Share. (1) Unless Agent has been notified by a Lender prior to a Funding Date of such Lender's intention not to fund its Pro Rata Share of the Revolving Loan amount requested by Borrower, Agent may assume that such Lender will make such amount available to Agent on the Business Day following Funding Date or the next Settlement Date, as applicable. If such amount is not, in fact, made available to Agent by such Lender when due, Agent will be entitled to recover such amount on demand from such Lender without set-off, counterclaim or deduction of any kind.

Availability of Lender's Pro Rata Share. (1i) Unless Agent has been notified by a Lender prior to a Funding Date any proposed funding date of such Lender's ’s intention not to fund its Pro Rata Share of the Loan a Protective Advance amount requested by BorrowerBorrowers, Agent may assume that such Lender will make such amount available to Agent on the proposed funding date or the Business Day following the next Settlement Date, as applicable. If such amount is not, in fact, made available to Agent by such Lender when due, Agent will be entitled to recover such amount on demand from such Lender without set-off, counterclaim counterclaim, or deduction of any kind.

Availability of Lender's Pro Rata Share. (1) Unless Agent has been notified by a Lender prior to a Funding Date of such Lender's intention not to fund its Pro Rata Share of the Loan amount requested by BorrowerBorrower Representative, Agent may assume that such Lender will make such amount available to Agent on the Funding Date or the Business Day following the next Settlement Date. If such amount is not, as applicable, and Agent may (but shall not be so required), in factreliance upon such assumption, made make available to Agent by Borrowers on such Lender when due, Agent will be entitled to recover such amount on demand from such Lender without set-off, counterclaim or deduction of any kinddate a corresponding amount.

Availability of Lender's Pro Rata Share. (1i) Unless the Agent has been notified by a Lender prior to a Funding Date of such Lender's ’s intention not to fund its Pro Rata Share of the Loan amount requested by Borrower, the Agent may assume that such Lender will make such amount available to the Agent on the Business Day following Funding Date or the next Settlement Date, as applicable. If such amount is not, in fact, made available to the Agent by such Lender when due, the Agent will be entitled to recover such amount on demand from such Lender without set-off, counterclaim or deduction of any kind.