Common use of Actual Funding Clause in Contracts

Actual Funding. Each Lender shall have the right from time to time to make or maintain any part of the Loans by arranging for a branch, subsidiary or Affiliate of such Lender to make or maintain such part of the Loans; provided that if a Lender exercises such right as a matter of administrative convenience and not as required by Law or by this Agreement, then the Parent shall not be required to reimburse the Lender for any increased amounts payable under Section 4.08(a) or 4.09 hereof that result from the exercise of such right. Such Lender shall have the right to (i) hold any applicable Note payable to its order for the benefit and account of such branch, subsidiary or Affiliate or (ii) request any Borrower to issue one or more promissory notes in the principal amount of such part, in substantially the form attached hereto as Exhibit A or B, as the case may be, with the blanks appropriately filled, payable to such branch, subsidiary or Affiliate and with appropriate changes reflecting that the holder thereof is not obligated to make any additional Loans to any Borrower. Each Borrower agrees to comply promptly with any request under clause (ii) of this Section 4.10(b). If any Lender causes a branch, subsidiary or Affiliate to make or maintain any part of Loans hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans and to any note payable to the order of such branch, subsidiary or Affiliate to the same extent as if such part of the Loans were made or maintained and such note were a Note payable to such Lender’s order.

Actual Funding. Each Lender shall have the right from time to time to make or maintain any part of the Loans Euro-Rate Portion by arranging for a branch, subsidiary or Affiliate affiliate of such Lender to make or maintain such part of the Loans; provided that if a Lender exercises such right as a matter of administrative convenience and not as required by Law or by this Agreement, then the Parent shall not be required to reimburse the Lender for any increased amounts payable under Section 4.08(a) or 4.09 hereof that result from the exercise of such rightEuro-Rate Portion. Such Lender shall have the right to (i) hold any applicable Note payable to its order for the benefit and account of such branch, subsidiary or Affiliate affiliate or (ii) request any the Borrower to issue one or more promissory notes in the principal amount of such partEuro-Rate Portion, in substantially the form attached hereto as Exhibit A or B, as the case may be, with the blanks appropriately filled, payable to such branch, subsidiary or Affiliate affiliate and with appropriate changes reflecting that the holder thereof is not obligated to make any additional Loans to any the Borrower. Each The Borrower agrees to comply promptly with any request under clause subsection (ii) of this Section 4.10(b2.17(b). If any Lender causes a branch, subsidiary or Affiliate affiliate to make or maintain any part of Loans the Euro-Rate Portion hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans Euro-Rate Portion and to any note payable to the order of such branch, subsidiary or Affiliate affiliate to the same extent as if such part of the Loans Euro-Rate Portion were made or maintained and such note were a Revolving Credit Note payable to such Lender’s 's order.

Actual Funding. Each Lender shall have the right from time to time to make or maintain any part of the Loans by arranging for a branch, subsidiary or Affiliate of such Lender to make or maintain such part of the Loans; provided provided, that if a Lender exercises such right as a matter of administrative convenience and not as required by Law or by this Agreement, then the Parent shall not be required to reimburse the Lender for any increased amounts payable under Section 4.08(a) or 4.09 hereof that result from the exercise of such right. Such Lender shall have the right to (i) hold any applicable Note payable to its order for the benefit and account of such branch, subsidiary or Affiliate or (ii) request any Borrower to issue one or more promissory notes in the principal amount of such part, in substantially the form attached hereto as Exhibit A or B, as the case may be, with the blanks appropriately filled, payable to such branch, subsidiary or Affiliate and with appropriate changes reflecting that the holder thereof is not obligated to make any additional Loans to any Borrower. Each Borrower agrees to comply promptly with any request under clause subsection (ii) of this Section 4.10(b). If any Lender causes a branch, subsidiary or Affiliate to make or maintain any part of Loans hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans and to any note payable to the order of such branch, subsidiary or Affiliate to the same extent as if such part of the Loans were made or maintained and such note were a Note payable to such Lender’s order.

Actual Funding. Each Lender shall have the right from time to time to make or maintain any part of the Loans LIBOR Portion by arranging for a branch, subsidiary or Affiliate affiliate of such Lender to make or maintain such part of the Loans; provided that if a Lender exercises such right as a matter of administrative convenience and not as required by Law or by this Agreement, then the Parent shall not be required to reimburse the Lender for any increased amounts payable under Section 4.08(a) or 4.09 hereof that result from the exercise of such rightLIBOR Portion. Such Lender shall have the right to (i) hold any applicable Note payable to its order for the benefit and account of such branch, subsidiary or Affiliate affiliate or (ii) request any Borrower the Borrowers to issue one or more substitute promissory notes in the principal amount of such partLIBOR Portion, in substantially the form attached hereto as Exhibit A or B, as the case may beA, with the blanks appropriately filled, payable to such branch, subsidiary or Affiliate affiliate and with appropriate changes reflecting that the holder thereof is not obligated to make any additional Revolving Credit Loans to any Borrowerthe Borrowers. Each Borrower agrees The Borrowers agree to comply promptly with any request under clause subsection (ii) of this Section 4.10(b2.12(b). If any Lender causes a branch, subsidiary or Affiliate affiliate to make or maintain any part of Loans the LIBOR Portion hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans LIBOR Portion and to any note payable to the order of such branch, subsidiary or Affiliate affiliate to the same extent as if such part of the Loans LIBOR Portion were made or maintained and such note were a the Revolving Credit Note payable to such Lender’s order.

Actual Funding. Each Lender shall have the right from time to time to make or maintain any part of the Loans Euro-Rate Portion by arranging for a branch, subsidiary or Affiliate affiliate of such Lender to make or maintain such part of the Loans; provided that if a Lender exercises such right as a matter of administrative convenience and not as required by Law or by this Agreement, then the Parent shall not be required to reimburse the Lender for any increased amounts payable under Section 4.08(a) or 4.09 hereof that result from the exercise of such rightEuro-Rate Portion. Such Lender shall have the right to (i) hold any applicable Note payable to its order for the benefit and account of such branch, subsidiary or Affiliate affiliate or (ii) request any the Borrower to issue one or more promissory notes in the principal amount of such partEuro-Rate Portion, in substantially the form attached hereto as Exhibit A or B, as the case may be, with the blanks appropriately filled, payable to such branch, subsidiary or Affiliate affiliate and with appropriate changes reflecting that the holder thereof is not obligated to make any additional Loans to any the Borrower. Each The Borrower agrees to comply promptly with any request under clause subsection (ii) of this Section 4.10(b2.16(b). If any Lender causes a branch, subsidiary or Affiliate affiliate to make or maintain any part of Loans the Euro-Rate Portion hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans Euro-Rate Portion and to any note payable to the order of such branch, subsidiary or Affiliate affiliate to the same extent as if such part of the Loans Euro-Rate Portion were made or maintained and such note were a Revolving Credit Note payable to such Lender’s 's order.

Actual Funding. Each Lender shall have the right from time to time to make or maintain any part of the Loans Euro-Rate Portion by arranging for a branch, subsidiary or Affiliate affiliate of such Lender to make or maintain such part of the Loans; provided that if a Lender exercises such right as a matter of administrative convenience and not as required by Law or by this Agreement, then the Parent shall not be required to reimburse the Lender for any increased amounts payable under Section 4.08(a) or 4.09 hereof that result from the exercise of such rightEuro-Rate Portion. Such Lender shall have the right to (i) hold any applicable Note payable to its order for the benefit and account of such branch, subsidiary or Affiliate affiliate or (ii) request any the Borrower to issue one or more promissory notes in the principal amount of such partEuro-Rate Portion, in substantially the form attached hereto as Exhibit A or B, as the case may be, with the blanks appropriately filled, payable to such branch, subsidiary or Affiliate affiliate and with appropriate changes reflecting that the holder thereof is not obligated to make any additional Loans to any the Borrower. Each The Borrower agrees to comply promptly with any request under clause subsection (ii) of this Section 4.10(b2.15(b). If any Lender causes a branch, subsidiary or Affiliate affiliate to make or maintain any part of Loans the Euro-Rate Portion hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans Euro-Rate Portion and to any note payable to the order of such branch, subsidiary or Affiliate affiliate to the same extent as if such part of the Loans Euro-Rate Portion were made or maintained and such note were a Revolving Credit Note payable to such Lender’s 's order.

Actual Funding. Each Lender shall have the right from time to time to make or maintain any part of the Loans Euro-Rate Portion by arranging for a branch, subsidiary or Affiliate affiliate of such Lender to make or maintain such part of the Loans; provided that if a Lender exercises such right as a matter of administrative convenience and not as required by Law or by this Agreement, then the Parent shall not be required to reimburse the Lender for any increased amounts payable under Section 4.08(a) or 4.09 hereof that result from the exercise of such rightEuro-Rate Portion. Such Lender shall have the right to (i) hold any applicable Note payable to its order for the benefit and account of such branch, subsidiary or Affiliate affiliate or (ii) request any the Borrower to issue one or more promissory notes in the principal amount of such partEuro-Rate Portion, in substantially the form attached hereto as Exhibit A or B, as the case may beA, with the blanks appropriately filled, payable to such branch, subsidiary or Affiliate affiliate and with appropriate changes reflecting that the holder thereof is not obligated to make any additional Loans to any the Borrower. Each The Borrower agrees to comply promptly with any request under clause (ii) of this Section 4.10(b2.11(b). If any Lender causes a branch, subsidiary or Affiliate affiliate to make or maintain any part of Loans the Euro-Rate Portion hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans Euro-Rate Portion and to any note payable to the order of such branch, subsidiary or Affiliate affiliate to the same extent as if such part of the Loans Euro-Rate Portion were made or maintained and such note were a Note payable to such Lender’s 's order.

Actual Funding. Each Lender shall have the right from time to time to make or maintain any part of the Loans Euro-Rate Portion by arranging for a branch, subsidiary or Affiliate affiliate of such Lender to make or maintain such part of the Loans; provided that if a Lender exercises such right as a matter of administrative convenience and not as required by Law or by this Agreement, then the Parent shall not be required to reimburse the Lender for any increased amounts payable under Section 4.08(a) or 4.09 hereof that result from the exercise of such rightEuro-Rate Portion. Such Lender shall have the right to (i) hold any applicable Note payable to its order for the benefit and account of such branch, subsidiary or Affiliate affiliate or (ii) request any Borrower the Borrowers to issue one or more promissory notes in the principal amount of such partEuro-Rate Portion, in substantially the form attached hereto as of Exhibit A or B, as the case may be, with the blanks appropriately filled, payable to such branch, subsidiary or Affiliate affiliate and with appropriate changes reflecting that the holder thereof is not obligated to make any additional Loans to any Borrowerof the Borrowers. Each Borrower agrees to comply promptly with any request under clause subsection (ii) of this Section 4.10(b2.17(b). If any Lender causes a branch, subsidiary or Affiliate affiliate to make or maintain any part of Loans the Euro-Rate Portion hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans Euro-Rate Portion and to any note payable to the order of such branch, subsidiary or Affiliate affiliate to the same extent as if such part of the Loans Euro-Rate Portion were made or maintained and such note were a Note payable to such Lender’s 's order.

Actual Funding. Each Lender shall have the right from time to time to make or maintain any part of the Loans LIBOR Portion by arranging for a branch, subsidiary or Affiliate affiliate of such Lender to make or maintain such part of the Loans; provided that if a Lender exercises such right as a matter of administrative convenience and not as required by Law or by this Agreement, then the Parent shall not be required to reimburse the Lender for any increased amounts payable under Section 4.08(a) or 4.09 hereof that result from the exercise of such rightLIBOR Portion. Such Lender shall have the right to (i) hold any applicable Note payable to its order for the benefit and account of such branch, subsidiary or Affiliate affiliate or (ii) request any the Borrower to issue one or more substitute promissory notes in the principal amount of such partLIBOR Portion, in substantially the form attached hereto as Exhibit A or B, as the case may beA, with the blanks appropriately filled, payable to such branch, subsidiary or Affiliate affiliate and with appropriate changes reflecting that the holder thereof is not obligated to make any additional Revolving Credit Loans to any the Borrower. Each The Borrower agrees to comply promptly with any request under clause subsection (ii) of this Section 4.10(b2.12(b). If any Lender causes a branch, subsidiary or Affiliate affiliate to make or maintain any part of Loans the LIBOR Portion hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans LIBOR Portion and to any note payable to the order of such branch, subsidiary or Affiliate affiliate to the same extent as if such part of the Loans LIBOR Portion were made or maintained and such note were a the Revolving Credit Note payable to such Lender’s order.

Actual Funding. Each Lender shall have the right from time to time to make or maintain any part of the Loans Euro-Rate Portion by arranging for a branch, subsidiary or Affiliate affiliate of such Lender to make or maintain 31 37 such part of the Loans; provided that if a Lender exercises such right as a matter of administrative convenience and not as required by Law or by this Agreement, then the Parent shall not be required to reimburse the Lender for any increased amounts payable under Section 4.08(a) or 4.09 hereof that result from the exercise of such rightEuro-Rate Portion. Such Lender shall have the right to (i) hold any applicable Note payable to its order for the benefit and account of such branch, subsidiary or Affiliate affiliate or (ii) request any the Borrower to issue one or more promissory notes in the principal amount of such partEuro-Rate Portion, in substantially the form attached hereto as Exhibit A or B, as the case may be, with the blanks appropriately filled, payable to such branch, subsidiary or Affiliate affiliate and with appropriate changes reflecting that the holder thereof is not obligated to make any additional Loans to any the Borrower. Each The Borrower agrees to comply promptly with any request under clause subsection (ii) of this Section 4.10(b2.17(b). If any Lender causes a branch, subsidiary or Affiliate affiliate to make or maintain any part of Loans the Euro-Rate Portion hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans Euro-Rate Portion and to any note payable to the order of such branch, subsidiary or Affiliate affiliate to the same extent as if such part of the Loans Euro-Rate Portion were made or maintained and such note were a Revolving Credit Note payable to such Lender’s 's order.

Actual Funding. Each Lender Bank shall have the right from time to time to make or maintain any part of the Loans Loan by arranging for a branch, subsidiary or Affiliate affiliate of such Lender Bank to make or maintain such part of Loan; provided, such action has -------- no adverse effect on the Loans; provided that if a Lender exercises Borrower. In such right as a matter of administrative convenience and not as required by Law or by this Agreementevent, then the Parent shall not be required to reimburse the Lender for any increased amounts payable under Section 4.08(a) or 4.09 hereof that result from the exercise of such right. Such Lender each Bank shall have the right to (i) hold any applicable Revolving Credit Note payable to its order for the benefit and account of such branch, subsidiary or Affiliate affiliate or (ii) request any the Borrower to issue one or more promissory notes in the principal amount of such part, Loan in substantially the form attached hereto as Exhibit A or B, as the case may beA, with the blanks appropriately filled, payable to such branch, subsidiary or Affiliate affiliate and with appropriate changes reflecting that the holder thereof is not obligated to make any additional Loans to any the Borrower. Each The Borrower agrees to comply promptly with any request under clause subsection (ii) of this Section 4.10(b2.13(b). If any Lender Bank causes a branch, subsidiary or Affiliate affiliate to make or maintain any part of Loans Loan hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans Loan and to any note payable to the order of such branch, subsidiary or Affiliate affiliate to the same extent as if such part of the Loans Loan were made or maintained by such Bank and such note were a Revolving Credit Note payable to such Lender’s Bank's order.

Actual Funding. Each Lender Bank shall have the right from time to time to make or maintain any part of the Loans any LIBOR Rate Portion by arranging for a branch, subsidiary or Affiliate affiliate of such Lender Bank to make or maintain such part of the LIBOR Rate Portion of such Loans; provided , provided, however, that if a Lender exercises such Bank shall not have such right as a matter of administrative convenience and not as required by Law if such transfer would cause an event or by this Agreement, then the Parent shall not be required to reimburse the Lender for any increased amounts payable under condition described in Section 4.08(a2.05(f)(ii) or 4.09 hereof that result from increase the exercise of such rightcompensation payable by the Borrowers pursuant to Section 2.10(a). Such Lender Bank shall have the right to (i) hold any applicable Note payable to its order for the benefit and account of such branch, subsidiary or Affiliate affiliate or (ii) request any Borrower the Borrowers to issue one or more promissory notes in the principal amount of such partpart of the LIBOR Rate Portion, in substantially the form attached hereto as Exhibit A or B, as the case may beA, with the blanks appropriately filled, filled payable to such branch, subsidiary or Affiliate affiliate and with appropriate changes reflecting that the holder thereof is not obligated to make any additional Loans to any BorrowerLoans. Each Borrower agrees The Borrowers agree to comply promptly with any request under clause subsection (ii) of this Section 4.10(b2.11(b). If any Lender Bank causes a branch, subsidiary or Affiliate affiliate to make or maintain any part of Loans any Loan hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans and to any note payable to the order of such branch, subsidiary or Affiliate affiliate to the same extent as if such part of the Loans such LIBOR Rate Portion were made or maintained and such note were a Revolving Credit Note payable to such Lender’s Bank's order.

Actual Funding. Each Lender shall have the right from time to time to make or maintain any part of the Loans Euro-Rate Portion by arranging for a branch, subsidiary or Affiliate affiliate of such Lender to make or maintain such part of the Loans; provided that if a Lender exercises such right as a matter of administrative convenience and not as required by Law or by this Agreement, then the Parent shall not be required to reimburse the Lender for any increased amounts payable under Section 4.08(a) or 4.09 hereof that result from the exercise of such rightEuro-Rate Portion. Such Lender shall have the right to (i) hold any applicable Note payable to its order for the benefit and account of such branch, subsidiary or Affiliate affiliate or (ii) request any the Borrower to issue one or more promissory notes in the principal amount of such partEuro-Rate Portion, in substantially the form attached hereto as Exhibit A or B, as the case may beA-1, with the blanks appropriately filled, payable to such branch, subsidiary or Affiliate affiliate and with appropriate changes reflecting that the holder thereof is not obligated to make any additional Loans to any the Borrower. Each The Borrower agrees to comply promptly with any request under clause (ii) of this Section 4.10(b2.12(b). If any Lender causes a branch, subsidiary or Affiliate affiliate to make or maintain any part of Loans the Euro-Rate Portion hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans Euro-Rate Portion and to any note payable to the order of such branch, subsidiary or Affiliate affiliate to the same extent as if such part of the Loans Euro-Rate Portion were made or maintained and such note were a Revolving Credit Note payable to such Lender’s 's order.

Actual Funding. Each Lender shall have the right from time to time to make or maintain any part of the Loans Euro-Rate Portion by arranging for a branch, subsidiary or Affiliate affiliate of such Lender to make or maintain such part of the Loans; provided that if a Lender exercises such right as a matter of administrative convenience and not as required by Law or by this Agreement, then the Parent shall not be required to reimburse the Lender for any increased amounts payable under Section 4.08(a) or 4.09 hereof that result from the exercise of such rightEuro-Rate Portion. Such Lender shall have the right to (i) hold any applicable Note payable to its order for the benefit and account of such branch, subsidiary or Affiliate affiliate or (ii) request any Borrower the Borrowers to issue one or more promissory notes in the principal amount of such partEuro-Rate Portion, in substantially the form attached hereto as Exhibit A or B, as the case may be, with the blanks appropriately filled, payable to such branch, subsidiary or Affiliate affiliate and with appropriate changes reflecting that the holder thereof is not obligated to make any additional Loans to any Borrowerof the Borrowers. Each Borrower agrees to comply promptly with any request under clause subsection (ii) of this Section 4.10(b2.17(b). If any Lender causes a branch, subsidiary or Affiliate affiliate to make or maintain any part of Loans the Euro-Rate Portion hereunder, all terms and conditions of this Agreement shall, except where the context clearly requires otherwise, be applicable to such part of the Loans Euro-Rate Portion and to any note payable to the order of such branch, subsidiary or Affiliate affiliate to the same extent as if such part of the Loans Euro-Rate Portion were made or maintained and such note were a Revolving Credit Note payable to such Lender’s 's order.