Disbursement of Funds. Agent may, on behalf of Lenders, disburse funds to Borrower for Loans requested. Each Lender shall reimburse Agent on demand for all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Pro Rata Share of any Loan before Agent disburses same to Borrower. If Agent elects to require that each Lender make funds available to Agent prior to a disbursement by Agent to Borrower, Agent shall advise each Lender by telephone or fax of the amount of such Lender’s Pro Rata Share of the Loan requested by Borrower no later than 1:00 p.m. (New York time) on the Funding Date applicable thereto, and each such Lender shall pay Agent such Lender’s Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Agent’s account on such Funding Date. If any Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after Agent’s demand, Agent shall promptly notify Borrower, and Borrower shall immediately repay such amount to Agent. Any repayment required pursuant to this Section 8.4 shall be without premium or penalty. Nothing in this Section 8.4 or elsewhere in this Agreement or the other Loan Documents, including the provisions of Section 8.5, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Agent or Borrower may have against any Lender as a result of any default by such Lender hereunder.
Appears in 10 contracts
Samples: Credit Agreement (TNS Inc), Credit Agreement (Playtex Products Inc), Credit Agreement (TNS Inc)
Disbursement of Funds. Agent may, on behalf of Lenders, disburse funds to Borrower Borrowers for Loans requested. Each Lender shall reimburse Agent on demand for all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Pro Rata Share of any Loan before Agent disburses same to BorrowerBorrowers. If Agent elects to require that each Lender make funds available to Agent prior to a disbursement by Agent to BorrowerBorrowers, Agent shall advise each Lender by telephone or fax of the amount of such Lender’s Pro Rata Share of the Loan requested by Borrower Representative no later than 1:00 p.m. (New York time) on the Funding Date applicable thereto, and each such Lender shall pay Agent such Lender’s Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Agent’s account on such Funding Date. If any Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after Agent’s demand, Agent shall promptly notify BorrowerBorrower Representative, and Borrower Borrowers shall immediately repay such amount to Agent. Any repayment required pursuant to this Section 8.4 shall be without premium or penalty. Nothing in this Section 8.4 or elsewhere in this Agreement or the other Loan Documents, including the provisions of Section 8.5, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Agent or Borrower Borrowers may have against any Lender as a result of any default by such Lender hereunder.
Appears in 5 contracts
Samples: Credit Agreement (Golfsmith International Holdings Inc), Credit Agreement (Vertis Inc), Credit Agreement (Golfsmith International Holdings Inc)
Disbursement of Funds. Agent may, on behalf of Lenders, disburse funds to Borrower for Loans requested. Each Lender shall reimburse Agent on demand for all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Pro Rata Share of any Loan before Agent disburses same to Borrower. If Agent elects to require that each Lender make funds available to Agent prior to a disbursement by Agent to Borrower, Administrative Agent shall advise each Lender by telephone or fax telecopy of the amount of such Lender’s Pro Rata Share of the any Loan requested by Borrower no later than 1:00 p.m. 11:00 a.m. (New York Denver, Colorado time) at least two Business Days immediately preceding the Funding Date applicable thereto (in the case of LIBOR Loans), otherwise on the Business Day immediately preceding the Funding Date applicable thereto, and each such Lender shall pay Administrative Agent such Lender’s Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Administrative Agent’s account by no later than 1:00 p.m. (Denver, Colorado time) on such Funding Date. If any Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after forthwith upon Administrative Agent’s demand, Administrative Agent shall promptly notify Borrower, and Administrative Agent shall disburse to Borrower, by wire transfer of immediately available funds, that portion of such Loan as to which Administrative Agent has received funds. In such event, Administrative Agent may, on behalf of any Lender not timely paying Administrative Agent, disburse funds to Borrower for Loans requested, subject to the provisions of Subsection 8.5(B). Each such Lender shall immediately repay such amount to reimburse Administrative Agent on demand for all funds disbursed on its behalf by Administrative Agent. Any repayment required pursuant to this Section 8.4 shall be without premium or penalty. Nothing in this Section Subsection 8.4 or elsewhere in this Agreement or the other Loan Documents, including the provisions of Section Subsection 8.5, shall be deemed to require Administrative Agent (or any other Lender) to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Administrative Agent or Borrower may have against any Lender as a result of any default by such Lender hereunder.
Appears in 5 contracts
Samples: Credit Agreement (Surewest Communications), Credit Agreement (Atlantic Tele Network Inc /De), Credit Agreement (Surewest Communications)
Disbursement of Funds. Agent may, on behalf of Lenders, disburse funds to Borrower Borrowers for Loans requested. Each Lender shall reimburse Agent on demand for all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Pro Rata Share of any Loan before Agent disburses same to BorrowerBorrowers. If Agent elects to require that each Lender make funds available to Agent prior to a disbursement by Agent to BorrowerBorrowers, Agent shall advise each Lender by telephone or fax of the amount of such Lender’s 's Pro Rata Share of the Loan requested by Borrower Representative no later than 1:00 p.m. (New York time) on the Funding Date applicable thereto, and each such Lender shall pay Agent such Lender’s 's Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Agent’s 's account on such Funding Date. If any Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after Agent’s 's demand, Agent shall promptly notify BorrowerBorrower Representative, and Borrower Borrowers shall immediately repay such amount to Agent. Any repayment required pursuant to this Section 8.4 shall be without premium or penalty. Nothing in this Section 8.4 or elsewhere in this Agreement or the other Loan Documents, including the provisions of Section 8.5, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Agent or Borrower Borrowers may have against any Lender as a result of any default by such Lender hereunder.
Appears in 4 contracts
Samples: Credit Agreement (Osullivan Industries Inc), Credit Agreement (Osullivan Industries Holdings Inc), Credit Agreement (Penhall International Corp)
Disbursement of Funds. Agent may, on behalf of Lenders, disburse funds to Borrower for Loans requested. Each Lender shall reimburse Agent on demand for all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Pro Rata Share of any Loan before Agent disburses same to Borrower. If Agent elects to require that each Lender make funds available to Agent prior to a disbursement by Agent to Borrower, Agent shall advise each Lender by telephone or fax of the amount of such Lender’s 's Pro Rata Share of the Loan requested by Borrower no later than 1:00 p.m. (New York time) on the Funding Date applicable thereto, and each such Lender shall pay Agent such Lender’s 's Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Agent’s 's account on such Funding Date. If any Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after Agent’s 's demand, Agent shall promptly notify Borrower, and Borrower shall immediately repay such amount to Agent. Any repayment required pursuant to this Section 8.4 shall be without premium or penalty. Nothing in this Section 8.4 or elsewhere in this Agreement or the other Loan Documents, including the provisions of Section 8.5, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Agent or Borrower may have against any Lender as a result of any default by such Lender hereunder.
Appears in 3 contracts
Samples: Credit Agreement (TNS Inc), Credit Agreement (Comfort Systems Usa Inc), Credit Agreement (Telex Communications International LTD)
Disbursement of Funds. Agent may, on behalf of Lenders, disburse funds to Borrower for Loans requested. Each Lender shall reimburse Agent on demand for all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Pro Rata Share of any Loan before Agent disburses same to Borrower. If Agent elects to require that each Lender make funds available to Agent prior to a disbursement by Agent to Borrower, Agent shall advise each Lender by telephone or fax of the amount of such Lender’s 's Pro Rata Share of the Loan requested by Borrower no later than 1:00 p.m. (New York time) on the Funding Date applicable thereto, and each such Lender shall pay Agent such Lender’s 's Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Agent’s 's account on such Funding Date. If any Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after Agent’s 's demand, Agent shall promptly notify Borrower, and Borrower shall immediately repay such amount to Agent. Any repayment required pursuant to this Section SECTION 8.4 shall be without premium or penalty. Nothing in this Section SECTION 8.4 or elsewhere in this Agreement or the other Loan Documents, including the provisions of Section SECTION 8.5, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Agent or Borrower may have against any Lender as a result of any default by such Lender hereunder.
Appears in 3 contracts
Samples: Credit Agreement (RadNet, Inc.), Credit Agreement (Primedex Health Systems Inc), Credit Agreement (Primedex Health Systems Inc)
Disbursement of Funds. Agent may, on behalf of Lenders, disburse funds to Borrower for Loans requested. Each Lender shall reimburse Agent on demand for all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Pro Rata Share of any Loan before Agent disburses same to Borrower. If Agent elects to require that each Lender make funds available to Agent prior to a disbursement by Agent to Borrower, Agent shall advise each Lender by telephone or fax of the amount of such Lender’s Pro Rata Share of the Loan requested by Borrower no later than 1:00 p.m. noon (New York Chicago time) on the Funding Date applicable thereto, and each such Lender shall pay Agent such Lender’s Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Agent’s account on such Funding Date. If any Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after Agent’s demand, Agent shall promptly notify Borrower, and to the extent that Agent has funded the Pro Rata Share of such Lender, Borrower shall immediately repay such amount to Agent. Any repayment required pursuant to this Section 8.4 9.4 shall be without premium or penaltypenalty and without payment of any LIBOR Breakage Costs. Nothing in this Section 8.4 9.4 or elsewhere in this Agreement or the other Loan Documents, including the provisions of Section 8.59.5, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Agent or Borrower may have against any Lender as a result of any default by such Lender hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Addus HomeCare Corp), Credit Agreement (Addus HomeCare Corp), Credit Agreement (Addus HomeCare Corp)
Disbursement of Funds. Agent may, on behalf of Lenders, disburse funds to Borrower Borrowers for Loans Advances requested. Each Lender shall reimburse Agent on demand for its Pro Rata Share of all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Pro Rata Share of any Loan Advance before Agent disburses same to BorrowerBorrowers. If Agent elects to require that each Lender make funds be made available to Agent prior to a disbursement by Agent to BorrowerBorrowers, Agent shall advise each Lender by telephone telephone, telex or fax telecopy of the amount of such Lender’s 's Pro Rata Share of the Loan such requested by Borrower Advance no later than 1:00 p.m. one (New York time1) on Business Day prior to the Funding Date funding date applicable thereto, and each such Lender shall pay Agent such Lender’s 's Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Agent’s 's account not later than 3:00 p.m. (Eastern Time) on such Funding Datethe day prior to the funding date. If any Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after forthwith upon Agent’s 's demand, Agent shall promptly notify BorrowerBorrowers, and Borrower Borrowers shall immediately repay such amount to Agent. Any repayment required pursuant to this Section 8.4 12.4 shall be without premium or penalty. Nothing in this Section 8.4 12.4 or elsewhere in this Agreement or the other Loan Documents, including without limitation the provisions of Section 8.512.5, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Agent or Borrower Borrowers may have against any Lender as a result of any default by such Lender hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Skilled Healthcare Group Inc), Revolving Credit and Security Agreement (Skilled Healthcare Group Inc)
Disbursement of Funds. Agent may, on behalf of Lenders, disburse funds to Borrower for Loans requested. Each Lender shall reimburse Agent on demand for all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Pro Rata Share of any Loan before Agent disburses same to Borrower. If Agent elects to require that each Lender make funds available to Agent Agent, prior to a disbursement by Agent to Borrower, Agent shall advise each Lender by telephone or fax telecopy of the amount of such Lender’s 's Pro Rata Share of the Loan requested by Borrower no later than 1:00 p.m. (New York time) Chicago time on the Funding Date applicable thereto, and each such Lender shall pay Agent such Lender’s 's Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Agent’s 's account on such Funding Date. If any Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after Agent’s 's demand, Agent shall promptly notify Borrower, and Borrower shall immediately repay such amount to Agent. Any repayment required pursuant to this Section 8.4 subsection 8.5 shall be without premium or penalty. Nothing in this Section 8.4 subsection 8.5 or elsewhere in this Agreement or the other Loan Documents, including without limitation the provisions of Section 8.5subsection 8.6, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Agent or Borrower may have against any Lender as a result of any default by such Lender hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Sunsource Inc), Credit Agreement (Aki Holding Corp)
Disbursement of Funds. Agent mayshall, at all times subject to the terms and conditions hereof, on behalf of Lenders, disburse funds to Borrower for Loans requested. Each Lender shall reimburse Agent on demand for all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Pro Rata Share of any Loan before Agent disburses same to Borrower. If Agent elects to require that each Lender make funds available to Agent Agent, prior to a disbursement by Agent to Borrower, Agent shall advise each Lender by telephone or fax telecopy of the amount of such Lender’s 's Pro Rata Share of the Loan requested by Borrower no later than 1:00 p.m. noon (New York Atlanta time) on the Funding Date applicable thereto, and each such Lender shall pay Agent such Lender’s 's Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Agent’s 's account on such Funding Date. If any Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after forthwith upon Agent’s 's demand, Agent shall promptly notify Borrower, and Borrower shall immediately promptly, but in any event within five (5) Business Days after receipt of such notice, repay such amount to Agent. Any repayment required pursuant to this Section 8.4 subsection 8.5 shall be without premium or penalty. Nothing in this Section 8.4 subsection 8.5 or elsewhere in this Agreement or the other Loan Documents, including without limitation the provisions of Section 8.5subsection 8.6, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Agent or Borrower may have against any Lender as a result of any default by such Lender hereunder.
Appears in 2 contracts
Samples: Credit Agreement (O2wireless Solutions Inc), Credit Agreement (O2wireless Solutions Inc)
Disbursement of Funds. Agent may, on behalf of Lenders, disburse funds to Borrower for Loans Advances requested. Each Lender shall reimburse Agent on demand for its Pro Rata Share of all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Pro Rata Share of any Loan Advance before Agent disburses same to Borrower. If Agent elects to require that each Lender make funds be made available to Agent prior to a disbursement by Agent to Borrower, Agent shall advise each Lender by telephone telephone, telex or fax telecopy of the amount of such Lender’s 's Pro Rata Share of the Loan such requested by Borrower Advance no later than 1:00 p.m. one (New York time1) on Business Day prior to the Funding Date funding date applicable thereto, and each such Lender shall pay Agent such Lender’s 's Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Agent’s 's account on such Funding Datenot later than 3:00 p.m. (New York City time). If any Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after forthwith upon Agent’s 's demand, Agent shall promptly notify Borrower, and Borrower shall immediately repay such amount to Agent. Any repayment required pursuant to this Section 8.4 12.4 shall be without premium or penalty. Nothing in this Section 8.4 12.4 or elsewhere in this Agreement or the other Loan Documents, including without limitation the provisions of Section 8.512.5, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Agent or Borrower may have against any Lender as a result of any default by such Lender hereunder.
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (Redenvelope Inc), Revolving Credit and Security Agreement (Redenvelope Inc)
Disbursement of Funds. Agent may, on behalf of Lenders, disburse funds to Borrower for Loans requested. Each Lender shall reimburse Agent on demand for all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Pro Rata Share of any Loan before Agent disburses same to Borrower. If Agent elects to require that each Lender make funds available to Agent prior to a disbursement by Agent to Borrower, Administrative Agent shall advise each Lender by telephone or fax telecopy of the amount of such Lender’s 's Pro Rata Share of the any Loan requested by Borrower no later than 1:00 p.m. 11:00 a.m. (New York Denver time) on the Funding Date applicable thereto, and each such Lender shall pay Administrative Agent such Lender’s 's Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Administrative Agent’s 's account by no later than 1:00 p.m. (Denver time) on such Funding Date. If any Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after forthwith upon Administrative Agent’s 's demand, Administrative Agent shall promptly notify Borrower, and Administrative Agent shall disburse to Borrower, by wire transfer of immediately available funds, that portion of such Loan as to which Administrative Agent has received funds. In such event, Administrative Agent may, on behalf of any Lender not timely paying Administrative Agent, disburse funds to Borrower for Loans requested, subject to the provisions of Subsection 8.5(B). Each such Lender shall immediately repay such amount to reimburse Administrative Agent on demand for all funds disbursed on its behalf by Administrative Agent. Any repayment required pursuant to this Section 8.4 shall be without premium or penalty. Nothing in this Section Subsection 8.4 or elsewhere in this Agreement or the other Loan Documents, including the provisions of Section Subsection 8.5, shall be deemed to require Administrative Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Administrative Agent or Borrower may have against any Lender as a result of any default by such Lender hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Us Unwired Inc), Credit Agreement (D&e Communications Inc)
Disbursement of Funds. Agent may, on behalf of Lenders, disburse funds to Borrower Borrowers for Loans requested. Each Lender shall reimburse Agent on demand for all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Pro Rata Share of any Loan before Agent disburses same to BorrowerBorrowers. If Agent elects to require that each Lender make funds available to Agent prior to a disbursement by Agent to BorrowerBorrowers, Agent shall advise each Lender by telephone or fax of the amount of such Lender’s 's Pro Rata Share of the Loan requested by Borrower Representative no later than 1:00 p.m. noon (New York Chicago time) on the Funding Date applicable thereto, and each such Lender shall pay Agent such Lender’s 's Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Agent’s 's account on such Funding Date. If any Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after Agent’s 's demand, Agent shall promptly notify BorrowerBorrower Representative, and Borrower Borrowers shall immediately repay such amount to Agent. Any repayment required pursuant to this Section 8.4 shall be without premium or penalty. Nothing in this Section 8.4 or elsewhere in this Agreement or the other Loan Documents, including the provisions of Section 8.5, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Agent or Borrower Borrowers may have against any Lender as a result of any default by such Lender hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Atlantis Plastics Inc), Credit Agreement (Atlantis Plastics Inc)
Disbursement of Funds. Agent may, on behalf of Lenders, disburse funds to Borrower for Loans requested. Each Lender shall reimburse Agent on demand for all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Pro Rata Share of any Loan before Agent disburses same to Borrower. If Agent elects to require that each Lender make funds available to Agent Agent, prior to a disbursement by Agent to Borrower, Agent shall advise each Lender by telephone or fax telecopy of the amount of such Lender’s 's Pro Rata Share of the Loan requested by Borrower no later than 1:00 p.m. (New York time) Chicago time on the Funding Date applicable thereto, and each such Lender shall pay Agent such Lender’s 's Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Agent’s 's account on such Funding Date. If any Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after Agent’s 's demand, Agent shall promptly notify Borrower, and Borrower shall immediately repay such amount to Agent. Any repayment required pursuant to this Section 8.4 subsection 8.5 shall include interest at the rate applicable to such Loan, but shall be without premium or penalty. Nothing in this Section 8.4 subsection 8.5 or elsewhere in this Agreement or the other Loan Documents, including without limitation the provisions of Section 8.5subsection 8.6, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Agent or Borrower may have against any Lender as a result of any default by such Lender hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Cherokee International Corp), Credit Agreement (Cherokee International Finance Inc)
Disbursement of Funds. Agent may, on behalf of Lenders, disburse funds to Borrower for Loans Advances requested. Each Lender shall reimburse Agent on demand for its Pro Rata Share of all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Pro Rata Share of any Loan Advance before Agent disburses same to Borrower. If Agent elects to require that each Lender make funds be made available to Agent prior to a disbursement by Agent to Borrower, Agent shall advise each Lender by telephone telephone, telex or fax telecopy of the amount of such Lender’s 's Pro Rata Share of the Loan such requested by Borrower Advance no later than 1:00 p.m. one (New York time1) on Business Day prior to the Funding Date funding date applicable thereto, and each such Lender shall pay Agent such Lender’s 's Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Agent’s 's account not later than 3:00 p.m. (Eastern Time) on such Funding Datethe day prior to the funding date. If any Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after forthwith upon Agent’s 's demand, Agent shall promptly notify Borrower, and Borrower shall immediately repay such amount to Agent. Any repayment required pursuant to this Section 8.4 11-A.4 shall be without premium or penalty. Nothing in this Section 8.4 11-A.4 or elsewhere in this Agreement or the other Loan Documents, including without limitation the provisions of Section 8.511-A.5, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Agent or Borrower may have against any Lender as a result of any default by such Lender hereunder.
Appears in 2 contracts
Samples: Credit and Security Agreement (America Service Group Inc /De), Loan and Security Agreement (America Service Group Inc /De)
Disbursement of Funds. Agent may, on behalf of Lenders, disburse funds to Borrower for Loans requested. Each Lender shall reimburse Agent on demand for all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Pro Rata Share of any Loan before Agent disburses same to Borrower. If Agent elects to require that each Lender make funds available to Agent prior to a disbursement by Agent to Borrower, Administrative Agent shall advise each --------------------- Lender by telephone or fax telecopy of the amount of such Lender’s 's Pro Rata Share of the any Loan requested by Borrower no later than 1:00 p.m. 11:00 a.m. (New York Denver time) on the Funding Date applicable thereto, and each such Lender shall pay Administrative Agent such Lender’s 's Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Administrative Agent’s 's account by no later than 1:00 p.m. (Denver time) on such Funding Date. If any Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after forthwith upon Administrative Agent’s 's demand, Administrative Agent shall promptly notify Borrower, and Administrative Agent shall disburse to Borrower, by wire transfer of immediately available funds, that portion of such Loan as to which Administrative Agent has received funds. In such event, Administrative Agent may, on behalf of any Lender not timely paying Administrative Agent, disburse funds to Borrower for Loans requested, subject to the provisions of Subsection 8.5(B). Each such Lender shall immediately repay such amount to reimburse Administrative Agent on demand for all funds disbursed on its behalf by Administrative Agent. Any repayment required pursuant to this Section 8.4 shall be without premium or penalty. Nothing in this Section Subsection 8.4 or elsewhere in this Agreement or the other Loan Documents, including the provisions of Section Subsection 8.5, shall be deemed to require Administrative Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Administrative Agent or Borrower may have against any Lender as a result of any default by such Lender hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Us Unwired Inc), Credit Agreement (Unwired Telecom Corp)
Disbursement of Funds. Agent may, on behalf of Lenders, disburse funds to Borrower for Loans requested. Each Lender shall reimburse Agent on demand for all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Pro Rata Share of any Loan before Agent disburses same to Borrower. If Agent elects to require that each Lender make funds available to Agent Agent, prior to a disbursement by Agent to Borrower, Agent shall advise each Lender by telephone or fax telecopy of the amount of such Lender’s 's Pro Rata Share of the Loan requested by Borrower no later than 1:00 p.m. (New York time) CST on the Funding Date applicable thereto, and each such Lender shall pay Agent such Lender’s 's Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Agent’s 's account on such Funding Date. If any Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after forthwith upon Agent’s 's demand, Agent shall promptly notify Borrower, and Borrower shall immediately repay such amount to Agent. Any repayment required pursuant to this Section 8.4 subsection 8.5 shall be without premium or penalty. Nothing in this Section 8.4 subsection 8.5 or elsewhere in this Agreement or the other Loan Documents, including without limitation the provisions of Section 8.5subsection 8.6, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Agent or Borrower may have against any Lender as a result of any default by such Lender hereunder.
Appears in 1 contract
Disbursement of Funds. Agent may, on behalf of Revolving Lenders, disburse funds to Borrower for Loans Advances requested. Each Revolving Lender shall reimburse Agent on demand for its Pro Rata Share of all funds disbursed on its behalf by Agent, or if Agent so requests, each Revolving Lender will remit to Agent its Pro Rata Share of any Loan Advance before Agent disburses same to Borrower. If Agent elects to require that each Lender make funds be made available to Agent prior to a disbursement by Agent to Borrower, Agent shall advise each Revolving Lender by telephone telephone, telex or fax telecopy of the amount of such Revolving Lender’s 's Pro Rata Share of the Loan such requested by Borrower Advance no later than 1:00 p.m. one (New York time1) on Business Day prior to the Funding Date funding date applicable thereto, and each such Revolving Lender shall pay Agent such Revolving Lender’s 's Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Agent’s 's account on such Funding Datenot later than 3:00 p.m. (New York City time). If any Revolving Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after forthwith upon Agent’s 's demand, Agent shall promptly notify Borrower, and Borrower shall immediately repay such amount to Agent. Any repayment required pursuant to this Section 8.4 12.4 shall be without premium or penalty. Nothing in this Section 8.4 12.4 or elsewhere in this Agreement or the other Loan Documents, including without limitation the provisions of Section 8.512.5, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Agent or Borrower may have against any Lender as a result of any default by such Lender hereunder.
Appears in 1 contract
Disbursement of Funds. Agent may, on behalf of Lenders, disburse funds to Borrower for Loans requested. Each Lender shall reimburse Agent on demand for all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Pro Rata Share of any Loan before Agent disburses same to Borrower. If Agent elects to require that each Lender make funds available to Agent prior to a disbursement by Agent to Borrower, Agent shall advise each Lender by telephone or fax of the amount of such Lender’s Pro Rata Share of the Loan requested by Borrower no later than 1:00 p.m. noon (New York Chicago time) on the Funding Date applicable thereto, and each such Lender shall pay Agent such Lender’s Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Agent’s account on such Funding Date. If any Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after Agent’s demand, Agent shall promptly notify Borrower, and Borrower shall immediately repay such amount to Agent. Any repayment required pursuant to this Section 8.4 shall be without premium or penalty. Nothing in this Section 8.4 or elsewhere in this Agreement or the other Loan Documents, including the provisions of Section 8.5, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Agent or Borrower may have against any Lender as a result of any default by such Lender hereunder.
Appears in 1 contract
Disbursement of Funds. Agent may, on behalf of --------------------- Lenders, disburse funds to Borrower Borrowers for Loans requested. Each Lender shall reimburse Agent on demand for all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Pro Rata Share of any Loan before Agent disburses same to BorrowerBorrowers. If Agent elects to require that each Lender make funds available to Agent Agent, prior to a disbursement by Agent to BorrowerBorrowers, Agent shall advise each Lender by telephone or fax telecopy of the amount of such Lender’s 's Pro Rata Share of the Loan requested by any Borrower no later than 1:00 p.m. (New York time) Chicago, Illinois time on the Funding Date applicable thereto, and each such Lender shall pay Agent such Lender’s 's Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Agent’s 's account on such Funding Date. If any Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after Agent’s 's demand, Agent shall promptly notify BorrowerBorrower Representative, and Borrower Borrowers shall immediately repay such amount to Agent. Any repayment required pursuant to this Section 8.4 subsection 8.5 shall be without premium or -------------- penalty. Nothing in this Section 8.4 subsection 8.5 or elsewhere in this -------------- Agreement or the other Loan Documents, including without limitation the provisions of Section 8.5subsection 8.6, shall be deemed to -------------- require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Agent or Borrower Borrowers may have against any Lender as a result of any default by such Lender hereunder.
Appears in 1 contract
Disbursement of Funds. Agent may, on behalf of Lenders, disburse funds to Borrower for Loans requestedadvances of the Loan requested in compliance with the provisions of this Loan Agreement. Each Lender shall reimburse Agent on demand for all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Pro Rata Share of any portion of the Loan before Agent disburses same to Borrower. If Agent elects to require that each Lender make funds available to Agent Agent, prior to a disbursement by Agent to Borrower, Agent shall advise each Lender by telephone telephone, facsimile or fax telecopy of the amount of such Lender’s 's Pro Rata Share of the Loan advance requested by Borrower no later than 1:00 p.m. (New York time) Chicago time on the Funding Date funding date applicable thereto, and each such Lender shall pay Agent such Lender’s 's Pro Rata Share of such requested Loanadvance, in same day funds, by wire transfer to Agent’s 's account on such Funding Datefunding date. If any Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after Agent’s 's demand, Agent shall promptly notify Borrower, and Borrower shall immediately repay such amount to Agent. Any repayment required pursuant to this Section 8.4 8.5 shall be without premium or penalty, but with interest at the ----------- Interest Rate. Nothing in this Section 8.4 8.5 or elsewhere in this Agreement or ----------- the other Loan Documents, including without limitation the provisions of Section 8.5------- 8.6, shall be deemed to require Agent to advance funds on behalf of any Lender --- or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Agent or Borrower may have against any Lender as a result of any default by such Lender hereunder.
Appears in 1 contract
Disbursement of Funds. Agent may, either directly, or through one or more of its Affiliates, on behalf of Lenders, disburse funds to Borrower for Loans requesteda Revolving Advance requested or any other Advance (an “Agent Advance”). Each such Lender shall reimburse Agent on demand for all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Pro Rata Share of any Loan before all Agent disburses same to BorrowerAdvances in accordance with Section 13.5 below. If Agent so elects to require that each Lender make funds be made available to Agent prior to a disbursement by Agent to Borrower, Agent shall advise each such Lender by telephone or fax of the amount of such Lender’s Pro Rata Share of the Loan requested by Borrower no later than 1:00 p.m. (New York time) on the Funding Date applicable theretoin accordance with Section 4.2(b). If Agent shall have made an Agent Advance, and each such Lender shall pay Agent such Lender’s Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Agent’s account on such Funding Date. If any Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after Agent’s demandforthwith in accordance the terms hereof, Agent shall may promptly notify Borrower, and Borrower shall immediately repay such amount to Agent. Any repayment by Borrower required pursuant to this Section 8.4 13.4 shall be without premium or penalty. In addition, with respect to each Agent Advance, Agent shall have, for itself or its Affiliates, as applicable (subject to agreed upon terms related to such Agent Advance between Agent and such Lender, if any), the right to set off against the amounts of any payments or distributions to be made to such Lender hereunder, the entire amount of such Agent Advance, together with any agreed upon interest or fees thereon, until such Agent Advance is paid in full. Nothing in this Section 8.4 13.4 or elsewhere in this Agreement or the other Loan Documents, including including, without limitation, the provisions of Section 8.513.5, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Agent or Borrower may have against any Lender as a result of any default by such Lender hereunder.
Appears in 1 contract
Samples: Loan and Security Agreement (CURO Group Holdings Corp.)
Disbursement of Funds. Agent may, on behalf of Lenders, disburse funds to Borrower for Loans requested. Each Lender shall reimburse Agent on demand for all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Pro Rata Share of any Loan before Agent disburses same to Borrower. If Agent elects to require that each Lender make funds available to Agent Agent, prior to a disbursement by Agent to Borrower, Agent shall advise each Lender by telephone or fax telecopy of the amount of such Lender’s 's Pro Rata Share of the Loan requested by Borrower no later than 1:00 p.m. (New York Chicago, Illinois time) on the Funding Date applicable thereto, and each such Lender shall pay Agent such Lender’s 's Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Agent’s 's account on such Funding Date. If any Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after Agent’s 's demand, Agent shall promptly notify Borrower, and Borrower shall immediately repay such amount to Agent. Any repayment required pursuant to this Section 8.4 subsection 8.5 shall be without premium or penalty. Nothing in this Section 8.4 subsection 8.5 or elsewhere in this Agreement or the other Loan Documents, including without limitation the provisions of Section 8.5subsection 8.6, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Agent or Borrower may have against any Lender as a result of any default by such Lender hereunder.
Appears in 1 contract
Disbursement of Funds. Agent may, on behalf of Lenders, disburse funds to Borrower for Loans requested. Each Lender shall reimburse Agent on demand for all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Pro Rata Share of any Loan before Agent disburses same to Borrower. If Agent elects to require that each Lender make funds available to Agent prior to a disbursement by Agent to Borrower, Agent shall advise each Lender by telephone or fax of the amount of such Lender’s Pro Rata Share of the Loan requested by Borrower no later than 1:00 p.m. (New York Toronto time) on the Funding Date applicable thereto, and each such Lender shall pay Agent such Lender’s Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Agent’s account on such Funding Date. If any Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after Agent’s demand, Agent shall promptly notify Borrower, and Borrower shall immediately repay such amount to Agent. Any repayment required pursuant to this Section 8.4 shall be without premium or penalty. Nothing in this Section 8.4 or elsewhere in this Agreement or the other Loan Documents, including the provisions of Section 8.5, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Agent or Borrower may have against any Lender as a result of any default by such Lender hereunder.
Appears in 1 contract
Disbursement of Funds. Agent may, on behalf of Lenders, disburse funds to --------------------- Borrower for Revolving Loans requested. Each Lender shall reimburse Agent on demand for all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Pro Rata Share of any Loan before Agent disburses same to Borrower. If Agent elects to require that each Lender make funds available to Agent Agent, prior to a disbursement by Agent to Borrower, without limitation of the notification requirements set forth in subsection 1.2(F), Agent shall advise each Lender by telephone (with prompt confirmation by telecopy) or fax telecopy of the amount of such Lender’s 's Pro Rata Share of the Loan requested by Borrower no later than 1:00 p.m. (New York time) Chicago time on the Funding Date applicable thereto, and each such Lender shall pay Agent such Lender’s 's Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Agent’s 's account on such Funding Date. If any Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after Agent’s 's demand, Agent shall promptly notify Borrower, and Borrower shall immediately repay such amount to AgentAgent within five Business Days thereof. Any repayment required pursuant to this Section 8.4 subsection 8.5 shall be without premium or penalty. Nothing in this Section 8.4 subsection 8.5 or elsewhere in this Agreement or the other Loan Documents, including without limitation the provisions of Section 8.5subsection 8.6, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Agent or Borrower may have against any Lender as a result of any default by such Lender hereunder.
Appears in 1 contract
Samples: Credit Agreement (MCG Capital Corp)
Disbursement of Funds. Agent may, on behalf of Lenders, disburse funds to Borrower Borrowers for Loans requestedadvances of the Loan requested in compliance with the provisions of this Loan Agreement. Each Lender shall reimburse Agent on demand for all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Pro Rata Share of any portion of the Loan before Agent disburses same to BorrowerBorrowers. If Agent elects to require that each Lender make funds available to Agent Agent, prior to a disbursement by Agent to BorrowerBorrowers, Agent shall advise each Lender by telephone telephone, email, facsimile or fax telecopy of the amount of such Lender’s 's Pro Rata Share of the Loan advance requested by Borrower Borrowers no later than 1:00 p.m. (New York time) 10:00 a.m. Chicago time on the Funding Date funding date applicable thereto, and each such Lender shall pay Agent such Lender’s 's Pro Rata Share of such requested Loanadvance, in same day funds, by wire transfer to Agent’s 's account on such Funding Datefunding date. If any Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after Agent’s 's demand, Agent shall promptly notify BorrowerBorrowers, and Borrower Borrowers shall immediately repay such amount to Agent. Any repayment required pursuant to this Section 8.4 12.5 shall be without premium or penalty, but with interest at the Interest Rate. Nothing in this Section 8.4 12.5 or elsewhere in this Agreement or the other Loan Documents, including without limitation the provisions of Section 8.512.6, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Agent or Borrower Borrowers may have against any Lender as a result of any default by such Lender hereunder.
Appears in 1 contract
Disbursement of Funds. Agent may, on behalf of Lenders, disburse funds to Borrower for Loans any Term Loan requested. Each Lender shall reimburse Agent on demand for all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Pro Rata Share of any Loan before Agent disburses same to Borrower. If Agent elects to require that each Lender make funds available to Agent prior to a disbursement by Agent to Borrower, Agent shall advise each Lender by telephone or fax of the amount of such Lender’s Pro Rata Share of the Loan Advance requested by Borrower no later than 1:00 p.m. noon (New York time) on the Funding Date applicable thereto, and each such Lender shall pay Agent such Lender’s Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Agent’s account on such Funding Date. If any Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after Agent’s demand, Agent shall promptly notify Borrower, and Borrower shall immediately repay such amount to Agent. Any repayment required pursuant to this Section 8.4 9.4 shall be without premium or penalty. Nothing in this Section 8.4 9.4 or elsewhere in this Agreement or the other Loan Documents, including the provisions of Section 8.59.5, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Agent or Borrower may have against any Lender as a result of any default by such Lender hereunder.
Appears in 1 contract
Disbursement of Funds. Agent may, on behalf of Lenders, disburse --------------------- funds to Borrower Borrowers for Loans requested. Each Lender shall reimburse Agent on demand for all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Pro Rata Share of any Loan before Agent disburses same to BorrowerBorrowers. If Agent elects to require that each Lender make funds available to Agent Agent, prior to a disbursement by Agent to BorrowerBorrowers, Agent shall advise each Lender by telephone or fax telecopy of the amount of such Lender’s 's Pro Rata Share of the Loan requested by Borrower Parent, on behalf of Borrowers, no later than 1:00 p.m. (New York time) Chicago time on the Funding Date applicable thereto, and each such Lender shall pay Agent such Lender’s 's Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Agent’s 's account on such Funding Date. If any Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after Agent’s 's demand, Agent shall promptly notify BorrowerBorrowers, and Borrower Borrowers shall immediately repay such amount to Agent. Any repayment required pursuant to this Section 8.4 subsection 8.5 shall be without premium or penalty. Nothing in this Section 8.4 subsection 8.5 or elsewhere in this Agreement or the other Loan Documents, including without limitation the provisions of Section 8.5subsection 8.6, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Agent or Borrower Borrowers may have against any Lender as a result of any default by such Lender hereunder.
Appears in 1 contract
Disbursement of Funds. Agent may, on behalf of Revolving Lenders, disburse funds to Borrower for Loans Advances requested. Each Revolving Lender shall reimburse Agent on demand for its Pro Rata Share of all funds disbursed on its behalf by Agent, or if Agent so requests, each Revolving Lender will remit to Agent its Pro Rata Share of any Loan Advance before Agent disburses same to Borrower. If Agent elects to require that each Lender make funds be made available to Agent prior to a disbursement by Agent to Borrower, Agent shall advise each Revolving Lender by telephone telephone, telex or fax telecopy of the amount of such Revolving Lender’s 's Pro Rata Share of the Loan such requested by Borrower Advance no later than 1:00 p.m. one (New York time1) on Business Day prior to the Funding Date funding date applicable thereto, and each such Revolving Lender shall pay Agent such Revolving Lender’s 's Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Agent’s 's account on such Funding Datenot later than 3:00 p.m. (Eastern Time). If any Revolving Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after forthwith upon Agent’s 's demand, Agent shall promptly notify Borrower, and Borrower shall immediately repay such amount to Agent. Any repayment required pursuant to this Section 8.4 11-A.4 shall be without premium or penalty. Nothing in this Section 8.4 11-A.4 or elsewhere in this Agreement or the other Loan Documents, including without limitation the provisions of Section 8.511-A.5, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Agent or Borrower may have against any Lender as a result of any default by such Lender hereunder.
Appears in 1 contract
Disbursement of Funds. Agent may, on behalf of Lenders, disburse funds to Parent Borrower for Loans requested. Each Lender shall reimburse Agent on demand for all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Pro Rata Share of any Loan before Agent disburses same to BorrowerBorrowers. If Agent elects to require that each Lender make funds available to Agent prior to a disbursement by Agent to BorrowerBorrowers, Agent shall advise each Lender by telephone or fax or other similar form of transmission of the amount of such Lender’s Pro Rata Share of the Loan requested by a Borrower no later than 1:00 p.m. (New York time) on the Funding Date applicable thereto, and each such Lender shall pay Agent such Lender’s Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Agent’s account specified on Annex D on such Funding Date. If any Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after Agent’s demand, Agent shall promptly notify Borrowerthe Borrowers, and Borrower the Borrowers shall immediately repay such amount to Agent. Any repayment required pursuant to this Section 8.4 shall be without premium or penalty. Nothing in this Section 8.4 or elsewhere in this Agreement or the other Loan Documents, including the provisions of Section 8.5, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Agent or a Borrower may have against any Lender as a result of any default by such Lender hereunder.
Appears in 1 contract
Disbursement of Funds. Agent may, on behalf of the Lenders, disburse funds to Borrower for Loans requested. Each Lender shall reimburse Agent on demand for all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Pro Rata Share of any Loan before Agent disburses same to Borrower. If Agent elects to require that each Lender make funds available to Agent Agent, prior to a disbursement by Agent to Borrower, Agent shall advise each Lender by telephone or fax telecopy of the amount of such Lender’s 's Pro Rata Share of the Loan requested by Borrower no later than 1:00 p.m. (New York timeCalifornia Time) on the Business Day immediately preceding the requested Funding Date applicable thereto, and each such Lender shall pay Agent such Lender’s 's Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Agent’s 's account on such Funding Date. If any Lender fails to pay the amount of its Pro Rata Share within one (1) 1 Business Day after Agent’s 's demand, Agent shall promptly notify Borrower, and Borrower shall immediately repay such amount to Agent. Any repayment required pursuant to this Section 8.4 2.3(b) shall be without premium or penalty. Nothing in this Section 8.4 2.3(b) or elsewhere in this Agreement or the other Loan Documents, including the provisions of Section 8.52.3(c), shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments Commitments hereunder or to prejudice any rights that Agent or Borrower may have against any Lender as a result of any default by such Lender hereunder.
Appears in 1 contract
Samples: Loan and Security Agreement (Aureal Semiconductor Inc)
Disbursement of Funds. Agent may, on behalf of Lenders, disburse funds to Borrower for Loans requested. Each Lender shall reimburse Agent on demand for all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Pro Rata Share of any Loan before Agent disburses same to Borrower. If Agent elects to require that each Lender make funds available to Agent Agent, prior to a disbursement by Agent to Borrower, Agent shall advise each Lender by telephone or fax telecopy of the amount of such Lender’s 's Pro Rata Share of the Loan requested by Borrower no later than 1:00 p.m. (New York time) CST on the Funding Date applicable thereto, and each such Lender shall pay Agent such Lender’s 's Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Agent’s 's account on such Funding Date. If Agent has disbursed funds to Borrower for any Loans requested and any Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after forthwith upon Agent’s 's demand, Agent shall promptly notify Borrower, and Borrower shall immediately repay such amount to Agent. Any repayment required pursuant to this Section 8.4 SUBSECTION 8.5 shall be without premium or penalty. Nothing in this Section 8.4 SUBSECTION 8.5 or elsewhere in this Agreement or the other Loan Documents, including without limitation the provisions of Section 8.5SUBSECTION 8.6, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Agent or Borrower may have against any Lender as a result of any default by such Lender hereunder.
Appears in 1 contract
Disbursement of Funds. Administrative Agent may, on behalf of LendersXxxxxxx, disburse funds to Borrower for the Term Loans requestedor any other Loan. Each Lender shall reimburse Administrative Agent on demand for its Pro Rata Share of all funds disbursed on its behalf by Administrative Agent, or if Administrative Agent so requests, each Lender will shall remit to Administrative Agent its Pro Rata Share of any Loan before Administrative Agent disburses same such Loan to or on account of Borrower. If Agent elects to require that each Lender make funds available to Agent prior to a disbursement by Agent to Borrower, Administrative Agent shall advise each have disbursed funds to Borrower on behalf of any Lender by telephone or fax of the amount of and such Lender’s Pro Rata Share of the Loan requested by Borrower no later than 1:00 p.m. (New York time) on the Funding Date applicable thereto, and each such Lender shall pay Agent such Lender’s Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Agent’s account on such Funding Date. If any Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after forthwith upon Administrative Agent’s demand, Administrative Agent shall promptly notify Borrower, and Borrower shall immediately as promptly as reasonably possible, but in no event less than one (1) Business Day after such notice, repay such amount to Administrative Agent. Any repayment by Borrower required pursuant to this Section 8.4 13.4 shall be without prepayment fee, premium or penalty. Nothing in this Section 8.4 13.4 or elsewhere in this Agreement or the other Loan Transaction Documents, including including, without limitation, the provisions of Section 8.513.5, shall be deemed to require Administrative Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Administrative Agent or Borrower may have against any Lender as a result of any default by such Lender hereunder.
Appears in 1 contract
Samples: Bridge Loan and Security Agreement (Uniti Group Inc.)
Disbursement of Funds. Agent may, on behalf of Lenders, disburse funds to Borrower for Loans Advances requested. Each Lender shall reimburse Agent on demand for its Pro Rata Share of all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Pro Rata Share of any Loan Advance before Agent disburses same to Borrower. If Agent elects to require that each Lender make funds be made available to Agent prior to a disbursement by Agent to Borrower, Agent shall advise each Lender by telephone telephone, telex or fax telecopy of the amount of such Lender’s 's Pro Rata Share of the Loan such requested by Borrower Advance no later than 1:00 p.m. one (New York time1) on Business Day prior to the Funding Date funding date applicable thereto, and each such Lender shall pay Agent such Lender’s 's Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Agent’s 's account on such Funding Datenot later than 3:00 p.m. (Eastern Time). If any Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after forthwith upon Agent’s 's demand, Agent shall promptly notify Borrower, and Borrower shall immediately repay such amount to Agent. Any repayment required pursuant to this Section 8.4 SECTION 11-A.4 shall be without premium or penalty. Nothing in this Section 8.4 SECTION 11-A.4 or elsewhere in this Agreement or the other Loan Documents, including without limitation the provisions of Section 8.5SECTION 11-A.5, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Agent or Borrower may have against any Lender as a result of any default by such Lender hereunder.
Appears in 1 contract
Disbursement of Funds. Agent may, on behalf of Lenders, disburse funds to Borrower for Loans requested. Each Lender shall reimburse Agent on demand for all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Pro Rata Share of any Loan or Revolving Advance before Agent disburses same to Borrower. If Agent elects to require that each Lender make funds available to Agent prior to a disbursement by Agent to Borrower, Agent shall advise each Lender by telephone telephone, telex, fax or fax telecopy of the amount of such Lender’s Pro Rata Share of the Loan requested by Borrower no later than 1:00 p.m. (New York time) Toronto time on the Funding Date applicable thereto, and each such Lender shall pay Agent such Lender’s Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Agent’s account Account on such Funding Date. If any Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after Agent’s demand, Agent shall promptly notify Borrower, and Borrower shall immediately repay such amount to Agent. Any repayment required pursuant to this Section 8.4 subsection 9.7 shall be without premium or penalty. Nothing in this Section 8.4 subsection 9.7 or elsewhere in this Agreement or the other Loan Documents, including without limitation the provisions of Section 8.5subsection 9.8, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Agent or Borrower may have against any Lender as a result of any default by such Lender hereunder.
Appears in 1 contract
Samples: Loan and Security Agreement (Beacon Roofing Supply Inc)
Disbursement of Funds. Agent may, on behalf of Revolving Lenders, disburse funds to Borrower Borrowers for Loans Advances requested. Each Revolving Lender shall reimburse Agent on demand for its Pro Rata Share of all funds disbursed on its behalf by Agent, or if Agent so requests, each Revolving Lender will remit to Agent its Pro Rata Share of any Loan Advance before Agent disburses same to BorrowerBorrowers. If Agent elects to require that each Lender make funds be made available to Agent prior to a disbursement by Agent to BorrowerBorrowers, Agent shall advise each Revolving Lender by telephone telephone, telex or fax telecopy of the amount of such Revolving Lender’s Pro Rata Share of the Loan such requested by Borrower Advance no later than 1:00 p.m. one (New York time1) on Business Day prior to the Funding Date funding date applicable thereto, and each such Revolving Lender shall pay Agent such Revolving Lender’s Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Agent’s account on such Funding Datenot later than 3:00 p.m. (New York City time). If any Revolving Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after forthwith upon Agent’s demand, Agent shall promptly notify BorrowerBorrowers, and Borrower Borrowers shall immediately repay such amount to Agent. Any repayment required pursuant to this Section 8.4 12.4 shall be without premium or penalty. Nothing in this Section 8.4 12.4 or elsewhere in this Agreement or the other Loan Documents, including without limitation the provisions of Section 8.512.5, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Agent or Borrower Borrowers may have against any Lender as a result of any default by such Lender hereunder.
Appears in 1 contract
Samples: Loan and Security Agreement (Firearms Training Systems Inc)
Disbursement of Funds. Agent may, on behalf of Revolving Lenders, disburse funds to Borrower Borrowers for Loans Advances requested. Each Revolving Lender shall reimburse Agent on demand for its Pro Rata Share of all funds disbursed on its behalf by Agent, or if Agent so requests, each Revolving Lender will remit to Agent its Pro Rata Share of any Loan Advance before Agent disburses same to BorrowerBorrowers. If Agent elects to require that each Lender make funds be made available to Agent prior to a disbursement by Agent to BorrowerBorrowers, Agent shall advise each Revolving Lender by telephone telephone, telex or fax telecopy of the amount of such Revolving Lender’s 's Pro Rata Share of the Loan such requested by Borrower Advance no later than 1:00 p.m. one (New York time1) on Business Day prior to the Funding Date funding date applicable thereto, and each such Revolving Lender shall pay Agent such Revolving Lender’s 's Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Agent’s 's account on such Funding Datenot later than 3:00 p.m. (New York City time). If any Revolving Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after forthwith upon Agent’s 's demand, Agent shall promptly notify BorrowerBorrowers, and Borrower Borrowers shall immediately repay such amount to Agent. Any repayment required pursuant to this Section 8.4 11-A.4 shall be without premium or penalty. Nothing in this Section 8.4 11-A.4 or elsewhere in this Agreement or the other Loan Documents, including without limitation the provisions of Section 8.511-A.5, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Agent or Borrower Borrowers may have against any Lender as a result of any default by such Lender hereunder.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Covista Communications Inc)
Disbursement of Funds. Agent may, on behalf of Lenders, disburse funds to Borrower Borrowers for Loans requestedadvances of the Loan requested in compliance with the provisions of this Loan Agreement. Each Lender shall reimburse Agent on demand for all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Pro Rata Share of any portion of the Loan before Agent disburses same to BorrowerBorrowers. If Agent elects to require that each Lender make funds available to Agent Agent, prior to a disbursement by Agent to BorrowerBorrowers, Agent shall advise each Lender by telephone telephone, email, facsimile or fax telecopy of the amount of such Lender’s 's Pro Rata Share of the Loan advance requested by Borrower Borrowers no later than 1:00 p.m. (New York time) 10:00 a.m. Chicago time on the Funding Date funding date applicable thereto, and each such Lender shall pay Agent such Lender’s 's Pro Rata Share of such requested Loanadvance, in same day funds, by wire transfer to Agent’s 's account on such Funding Datefunding date. If any Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after Agent’s 's demand, Agent shall promptly notify BorrowerBorrowers, and Borrower Borrowers shall immediately repay such amount to Agent. Any repayment required pursuant to this Section 8.4 8.5 shall be without premium or penalty, but with interest at the Interest Rate. Nothing in this Section 8.4 8.5 or elsewhere in this Agreement or the other Loan Documents, including without limitation the provisions of Section 8.58.6, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Agent or Borrower Borrowers may have against any Lender as a result of any default by such Lender hereunder.
Appears in 1 contract
Disbursement of Funds. Agent may, on behalf of Revolving Lenders, disburse funds to Borrower Borrowers for Loans Advances requested. Each Revolving Lender shall reimburse Agent on demand for its Pro Rata Share of all funds disbursed on its behalf by Agent, or if Agent so requests, each Revolving Lender will remit to Agent its Pro Rata Share of any Loan Advance before Agent disburses same to BorrowerBorrowers. If Agent elects to require that each Lender make funds be made available to Agent prior to a disbursement by Agent to BorrowerBorrowers, Agent shall advise each Revolving Lender by telephone telephone, telex or fax telecopy of the amount of such Revolving Lender’s 's Pro Rata Share of the Loan such requested by Borrower Advance no later than 1:00 p.m. one (New York time1) on Business Day prior to the Funding Date funding date applicable thereto, and each such Revolving Lender shall pay Agent such Revolving Lender’s 's Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Agent’s 's account on such Funding Datenot later than 3:00 p.m. (New York City time). If any Revolving Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after forthwith upon Agent’s 's demand, Agent shall promptly notify BorrowerBorrowers, and Borrower Borrowers shall immediately repay such amount to Agent. Any repayment required pursuant to this Section 8.4 12.4 shall be without premium or penalty. Nothing in this Section 8.4 12.4 or elsewhere in this Agreement or the other Loan Documents, including without limitation the provisions of Section 8.512.5, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Agent or Borrower Borrowers may have against any Lender as a result of any default by such Lender hereunder.
Appears in 1 contract
Samples: , and Security Agreement (Advanced Nutraceuticals Inc/Tx)
Disbursement of Funds. Agent may, on behalf of Revolving Lenders, disburse funds to Borrower Borrowers for Revolving Loans requested. Each Revolving Lender shall reimburse Agent on demand for all funds disbursed on its behalf by Agent, or if Agent so requests, each Revolving Lender will remit to Agent its Pro Rata Share of any Revolving Loan before Agent disburses same to BorrowerBorrowers. If Agent elects to require that each Revolving Lender make funds available to Agent prior to a disbursement by Agent to BorrowerBorrowers, Agent shall advise each Revolving Lender by telephone or fax of the amount of such Revolving Lender’s Pro Rata Share of the Revolving Loan requested by Borrower Borrowers’ Agent no later than 1:00 2:00 p.m. (New York time) on the Funding Date date of funding an Advance applicable thereto, and each such Revolving Lender shall pay Agent such Revolving Lender’s Pro Rata Share of such requested Revolving Loan, in same day funds, by wire transfer to Agent’s account on the date of funding such Funding DateAdvance. If any Revolving Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after Agent’s demand, Agent shall promptly notify BorrowerBorrowers’ Agent, and Borrower Borrowers shall immediately repay such amount to Agent. Any repayment required pursuant to this Section 8.4 9.4 shall be without premium or penalty. Nothing in this Section 8.4 9.4 or elsewhere in this Agreement or the other Loan Documents, including the provisions of Section 8.59.5, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Revolving Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Agent or Borrower Borrowers may have against any Lender as a result of any default by such Revolving Lender hereunder.
Appears in 1 contract
Disbursement of Funds. The Agent may, on behalf of Lenders, disburse funds to Borrower for Loans requested. Each Lender shall reimburse the Agent on demand for all funds disbursed on its behalf by the Agent, or if the Agent so requests, each Lender will remit to the Agent its Pro Rata Share of any Loan before the Agent disburses same to Borrower. If the Agent elects to require that each Lender make funds be made available to Agent prior to a disbursement by Agent to Borrower, the Agent shall advise each Lender by telephone telephone, telex or fax telecopy of the amount of such Lender’s Pro Rata Share of the such requested Loan requested by Borrower no later than by 1:00 p.m. (New York p.m., Eastern time) , on the Funding Date applicable theretofor Revolving Loans, and each such Lender shall pay the Agent such Lender’s Pro Rata Share of such requested Loan, in same day funds, by wire transfer to the Agent’s account on such Funding Datenot later than 3:00 p.m., Eastern time, for Revolving Loans. If any Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after forthwith upon the Agent’s demand, the Agent shall promptly notify Borrower, and Borrower shall immediately repay such amount to the Agent. Any repayment required pursuant to this Section 8.4 9.5 shall be without premium or penalty. Nothing in this Section 8.4 9.5 or elsewhere in this Agreement or the other Loan Documents, including without limitation the provisions of Section 8.59.6, shall be deemed to require the Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments Commitments hereunder or to prejudice any rights that the Agent or Borrower may have against any Lender as a result of any default by such Lender hereunder.
Appears in 1 contract
Disbursement of Funds. Agent may, on behalf of Lenders, disburse funds to Parent Borrower for Loans requested. Each Lender shall reimburse Agent on demand for all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Pro Rata Share of any Term Loan before Agent disburses same to Parent Borrower. If Agent elects to require that each Lender make funds available to Agent prior to a disbursement by Agent to Parent Borrower, Agent shall advise each Lender by telephone or fax of the amount of such Lender’s Pro Rata Share of the Term Loan requested by a Parent Borrower no later than 1:00 p.m. (New York time) on the Funding Date applicable theretoClosing Date, and each such Lender shall pay Agent such Lender’s Pro Rata Share of such requested Term Loan, in same day funds, by wire transfer to Agent’s account specified on such Funding Annex D on the Closing Date. If any Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after Agent’s demand, Agent shall promptly notify Parent Borrower, and Parent Borrower shall immediately repay such amount to Agent. Any repayment required pursuant to this Section 8.4 shall be without premium or penalty. Nothing in this Section 8.4 or elsewhere in this Agreement or the other Loan Documents, including the provisions of Section 8.5, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Agent or Parent Borrower may have against any Lender as a result of any default by such Lender hereunder.
Appears in 1 contract
Samples: Credit Agreement (Neff Rental Inc)
Disbursement of Funds. Agent may, on behalf of Lenders, disburse funds to Borrower for Loans Advances requested. Each Lender shall reimburse Agent on demand for its Pro Rata Share of all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Pro Rata Share of any Loan Advance before Agent disburses same to Borrower. If Agent elects to require that each Lender make funds be made available to Agent prior to a disbursement by Agent to Borrower, Agent shall advise each Lender by telephone telephone, telex or fax telecopy of the amount of such Lender’s Pro Rata Share of the Loan such requested by Borrower Advance no later than 1:00 p.m. one (New York time1) on Business Day prior to the Funding Date funding date applicable thereto, and each such Lender shall pay Agent such Lender’s Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Agent’s account not later than 3:00 p.m. (Eastern Time) on such Funding Datethe day prior to the funding date. If any Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after forthwith upon Agent’s demand, Agent shall promptly notify Borrower, and Borrower shall immediately repay such amount to Agent. Any repayment required pursuant to this Section 8.4 11-A.4 shall be without premium or penalty. Nothing in this Section 8.4 11-A.4 or elsewhere in this Agreement or the other Loan Documents, including without limitation the provisions of Section 8.511-A.5, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Agent or Borrower may have against any Lender as a result of any default by such Lender hereunder.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (America Service Group Inc /De)
Disbursement of Funds. Agent may, on behalf of Lenders, disburse funds to Borrower for Loans requested. Each Lender shall reimburse Agent on demand for all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Pro Rata Share pro rata share of any Loan before Agent disburses same to Borrower. If Agent elects to require that each Lender make funds available to Agent prior to a disbursement by Agent to Borrower, Agent shall advise each Lender by telephone or fax of the amount of such Lender’s Pro Rata Share pro rata share of the Loan requested by Borrower no later than 1:00 p.m. 11:00 a.m. (New York time) on the Funding Date funding date applicable thereto, and each such Lender shall pay Agent such Lender’s Pro Rata Share pro rata share of such requested Loan, in same day funds, by wire transfer to Agent’s account on such Funding Datefunding date. If any Lender fails to pay the amount of its Pro Rata Share pro rata share within one (1l) Business Day after Agent’s demand, Agent shall promptly notify Borrower, and Borrower shall immediately repay such amount to Agent. Any repayment required pursuant to this Section 8.4 shall be without premium or penalty. Nothing in this Section 8.4 or elsewhere in this Agreement or the other Loan Documents, including the provisions of Section 8.5, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Agent or Borrower may have against any Lender as a result of any default by such Lender hereunder.
Appears in 1 contract
Samples: Bridge Loan Credit Agreement (First Look Studios Inc)
Disbursement of Funds. Agent may, on behalf of Lenders, disburse funds to Borrower for Loans Advances requested. Each Lender shall reimburse Agent on demand for its Pro Rata Share of all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Pro Rata Share of any Loan Advance before Agent disburses same to Borrower. If Agent elects to require that each Lender make funds be made available to Agent prior to a disbursement by Agent to Borrower, Agent shall advise each Lender by telephone telephone, telex or fax telecopy of the amount of such Lender’s 's Pro Rata Share of the Loan such requested by Borrower Advance no later than 1:00 p.m. (New York time) on one Business Day prior to the Funding Date funding date applicable thereto, and each such Lender shall pay Agent such Lender’s 's Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Agent’s 's account on such Funding Datenot later than 3:00 p.m. (Eastern Time). If any Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after forthwith upon Agent’s 's demand, Agent shall promptly notify Borrower, and Borrower shall immediately repay such amount to Agent. Any repayment required pursuant to this Section 8.4 11.6 shall be without premium or penalty. Nothing in this Section 8.4 11.6 or elsewhere in this Agreement or the other Loan Documents, including without limitation the provisions of Section 8.511.7, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Agent or Borrower may have against any Lender as a result of any default by such Lender hereunder.
Appears in 1 contract
Samples: Credit and Term Loan Agreement (Texas San Macros Treatment Center Lp)
Disbursement of Funds. Agent may, on behalf of Lenders, disburse funds to Borrower for Loans requested. Each Lender shall reimburse Agent on demand for all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Pro Rata Share of any Loan before Agent disburses same to Borrower. If Agent elects to require that each Lender make funds available to Agent Agent, prior to a disbursement by Agent to Borrower, Agent shall advise each Lender by telephone or fax telecopy of the amount of such Lender’s Pro Rata Share of the Loan requested by Borrower no later than 1:00 p.m. (New York Chicago, Illinois time) on the Funding Date applicable thereto, and each such Lender shall pay Agent such Lender’s Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Agent’s account on such Funding Date. If any Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after Agent’s demand, Agent shall promptly notify Borrower, and Borrower shall immediately repay such amount to Agent. Any repayment required pursuant to this Section 8.4 subsection 8.5 shall be without premium or penalty. Nothing in this Section 8.4 subsection 8.5 or elsewhere in this Agreement or the other Loan Documents, including without limitation the provisions of Section 8.5subsection 8.6, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Agent or Borrower may have against any Lender as a result of any default by such Lender hereunder.
Appears in 1 contract
Disbursement of Funds. Agent may, on behalf of Lenders, disburse funds to Borrower for Loans the Advances requested. Each Lender shall reimburse Agent on demand for its Pro Rata Share of all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will shall remit to Agent its Pro Rata Share of any Loan Advance before Agent disburses same such Advance to or on account of Borrower. If Agent so elects to require that each Lender make funds be made available to Agent prior to a disbursement by Agent to Borrower, Agent shall advise each Lender by telephone telephone, telex or fax telecopy of the amount of such Lender’s Pro Rata Share of the Loan such requested by Borrower Advance no later than 1:00 p.m. one (New York time1) on Business Day prior to the Funding Date applicable theretoBorrowing Date, and each such Lender shall pay Agent such Lender’s Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Agent’s account on such Funding Datenot later than 2:00 p.m. (New York City time). If Agent shall have disbursed funds to Borrower on behalf of any Lender and such Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after forthwith upon Agent’s demand, Agent shall promptly notify Borrower, and Borrower shall immediately repay such amount to Agent. Any repayment by Borrower required pursuant to this Section 8.4 13.4 shall be without premium or penalty. Nothing in this Section 8.4 13.4 or elsewhere in this Agreement or the other Loan Documents, including including, without limitation, the provisions of Section 8.513.5, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its [Harvest] Loan and Security Agreement (Conformed) obligation to fulfill its commitments hereunder or to prejudice any rights that Agent or Borrower may have against any Lender as a result of any default by such Lender hereunder.
Appears in 1 contract
Samples: Loan and Security Agreement (Harvest Capital Credit Corp)
Disbursement of Funds. Agent may, on behalf of Lenders, disburse funds to Borrower for Loans requested. Each Lender shall reimburse Agent on demand for all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Pro Rata Share of any Loan before Agent disburses same to Borrower. If Agent elects to require that each Lender make funds available to Agent Agent, prior to a disbursement by Agent to Borrower, Agent shall advise each Lender by telephone or fax telecopy of the amount of such Lender’s 's Pro Rata Share of the Loan requested by Borrower no later than 1:00 p.m. (New York time) 12:00 noon CST on the Funding Date applicable thereto, and each such Lender shall pay Agent such Lender’s 's Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Agent’s 's account on such Funding Date. If any Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after forthwith upon Agent’s 's demand, Agent shall promptly notify Borrower, and Borrower shall immediately repay such amount to Agent. Any repayment required pursuant to this Section 8.4 subsection 8.5 shall be without premium or penalty. Nothing in this Section 8.4 subsection 8.5 or elsewhere in this Agreement or the other Loan Documents, including without limitation the provisions of Section 8.5subsection 8.6, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill fulfil its commitments hereunder or to prejudice any rights that Agent or Borrower may have against any Lender as a result of any default by such Lender hereunder.
Appears in 1 contract
Samples: Credit Agreement (Universal Technical Institute Inc)
Disbursement of Funds. Agent may, on behalf of Lenders, disburse funds to Borrower for Loans requested. Each Lender shall reimburse Agent on demand for all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Pro Rata Share of any Loan before Agent disburses same to Borrower. If Agent elects to require that each Lender make funds available to Agent Agent, prior to a disbursement by Agent to Borrower, Agent shall advise each Lender by telephone or fax telecopy of the amount of such Lender’s 's Pro Rata Share of the Loan requested by Borrower no later than 1:00 p.m. (New York time) Atlanta, Georgia time on the Funding Date applicable thereto, and each such Lender shall pay Agent such Lender’s 's Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Agent’s 's account on such Funding Date. If any Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after Agent’s 's demand, Agent shall promptly notify Borrower, and Borrower shall immediately repay such amount to Agent. Any repayment required pursuant to this Section 8.4 subsection 8.5 shall be without premium or penalty. Nothing in this Section 8.4 subsection 8.5 or elsewhere in this Agreement or the other Loan Documents, including without limitation the provisions of Section 8.5subsection 8.6, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Agent or Borrower may have against any Lender as a result of any default by such Lender hereunder.
Appears in 1 contract
Disbursement of Funds. Agent may, on behalf of Lenders, disburse funds to Borrower for Loans requested. Each Lender shall reimburse Agent on demand for all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Pro Rata Share of any Loan or Revolving Advance before Agent disburses same to Borrower. If Agent elects to require that each Lender make funds available to Agent prior to a disbursement by Agent to Borrower, Agent shall advise each Lender by telephone telephone, telex, fax or fax telecopy of the amount of such Lender’s 's Pro Rata Share of the Loan requested by Borrower no later than 1:00 p.m. (New York time) Toronto time on the Funding Date applicable thereto, and each such Lender shall pay Agent such Lender’s 's Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Agent’s account 's Account on such Funding Date. If any Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after Agent’s 's demand, Agent shall promptly notify Borrower, and Borrower shall immediately repay such amount to Agent. Any repayment required pursuant to this Section 8.4 SUBSECTION 9.7 shall be without premium or penalty. Nothing in this Section 8.4 SUBSECTION 9.7 or elsewhere in this Agreement or the other Loan Documents, including without limitation the provisions of Section 8.5SUBSECTION 9.8, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Agent or Borrower may have against any Lender as a result of any default by such Lender hereunder.
Appears in 1 contract
Samples: Loan and Security Agreement (Beacon Roofing Supply Inc)
Disbursement of Funds. Agent may, on behalf of Lenders, disburse funds to Borrower for Loans requested. Each Lender shall reimburse Agent on demand for all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Pro Rata Share of any Loan before Agent disburses same to Borrower. If Agent elects to require that each Lender make funds available to Agent prior to a disbursement by Agent to Borrower, Agent shall advise each Lender by telephone or fax of the amount of such Lender’s Pro Rata Share of the Loan requested by Borrower no later than 1:00 p.m. (New York time) on the Funding Date applicable thereto, and each such Lender shall pay Agent such Lender’s Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Agent’s account specified on Annex E on such Funding Date. If any Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after Agent’s demand, Agent shall promptly notify Borrower, and Borrower shall immediately repay such amount to Agent. Any repayment required pursuant to this Section 8.4 shall be without premium or penalty. Nothing in this Section 8.4 or elsewhere in this Agreement or the other Loan Documents, including the provisions of Section 8.5, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Agent or Borrower may have against any Lender as a result of any default by such Lender hereunder.
Appears in 1 contract
Disbursement of Funds. Agent may, on behalf of Lenders, disburse funds to Borrower Borrowers for Loans requestedadvances of the Loan requested in compliance with the provisions of this Loan Agreement. Each Lender shall reimburse Agent on demand for all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Pro Rata Share of any portion of the Loan before Agent disburses same to BorrowerBorrowers. If Agent elects to require that each Lender make funds available to Agent Agent, prior to a disbursement by Agent to BorrowerBorrowers, Agent shall advise each Lender by telephone telephone, facsimile or fax telecopy of the amount of such Lender’s 's Pro Rata Share of the Loan advance requested by Borrower Borrowers no later than 1:00 p.m. (New York time) Chicago time on the Funding Date funding date applicable thereto, and each such Lender shall pay Agent such Lender’s 's Pro Rata Share of such requested Loanadvance, in same day funds, by wire transfer to Agent’s 's account on such Funding Datefunding date. If any Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after Agent’s 's demand, Agent shall promptly notify BorrowerBorrowers, and Borrower Borrowers shall immediately repay such amount to Agent. Any repayment required pursuant to this Section 8.4 8.5 shall be without premium or penalty, but with interest at the Interest Rate. Nothing in this Section 8.4 8.5 or elsewhere in this Agreement or the other Loan Documents, including without limitation the provisions of Section 8.58.6, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Agent or Borrower Borrowers may have against any Lender as a result of any default by such Lender hereunder.
Appears in 1 contract
Disbursement of Funds. Agent may, on behalf of Lenders, disburse funds to Parent Borrower for Loans requested. Each Lender shall reimburse Agent on demand for all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Pro Rata Share of any Loan before Agent disburses same to BorrowerBorrowers. If Agent elects to require that each Lender make funds available to Agent prior to a disbursement by Agent to BorrowerBorrowers, Agent shall advise each Lender by telephone or fax of the amount of such Lender’s Pro Rata Share of the Loan requested by a Borrower no later than 1:00 p.m. (New York time) on the Funding Date applicable thereto, and each such Lender shall pay Agent such Lender’s Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Agent’s account specified on Annex D on such Funding Date. If any Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after Agent’s demand, Agent shall promptly notify Borrowerthe Borrowers, and Borrower the Borrowers shall immediately repay such amount to Agent. Any repayment required pursuant to this Section 8.4 shall be without premium or penalty. Nothing in this Section 8.4 or elsewhere in this Agreement or the other Loan Documents, including the provisions of Section 8.5, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Agent or a Borrower may have against any Lender as a result of any default by such Lender hereunder.
Appears in 1 contract
Samples: Credit Agreement (Neff Rental Inc)
Disbursement of Funds. Agent may, on behalf of Lenders, disburse funds to Borrower for Loans requestedadvances of the Loan requested in compliance with the provisions of this Loan Agreement. Each Lender shall reimburse Agent on demand for all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Pro Rata Share of any portion of the Loan before Agent disburses same to Borrower. If Agent elects to require that each Lender make funds available to Agent Agent, prior to a disbursement by Agent to Borrower, Agent shall advise each Lender by telephone telephone, facsimile or fax telecopy of the amount of such Lender’s 's Pro Rata Share of the Loan advance requested by Borrower no later than 1:00 p.m. (New York time) Chicago time on the Funding Date funding date applicable thereto, and each such Lender shall pay Agent such Lender’s 's Pro Rata Share of such requested Loanadvance, in same day funds, by wire transfer to Agent’s 's account on such Funding Datefunding date. If any Lender fails to pay the amount of its Pro Rata Share within one (1) Business Day after Agent’s 's demand, Agent shall promptly notify Borrower, and Borrower shall immediately repay such amount to Agent. Any repayment required pursuant to this Section 8.4 8.5 shall be without premium or penalty, but with interest at the Interest Rate. Nothing in this Section 8.4 8.5 or elsewhere in this Agreement or the other Loan Documents, including without limitation the provisions of Section 8.58.6, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Agent or Borrower may have against any Lender as a result of any default by such Lender hereunder.
Appears in 1 contract
