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 Euro-Rate Portion by arranging for a branch, subsidiary or affiliate of such Lender to make or maintain such part of the Euro-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 or (ii) request the Borrower to issue one or more substitute promissory notes in the principal amount of such Euro-Rate Portion, in substantially the form attached hereto as Exhibit A, 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 Revolving Credit Loans to the Borrower. The Borrower agrees to comply promptly with any request under subsection (ii) of this Section 2.12(b). If any Lender causes a branch, subsidiary or affiliate to make or maintain any part of 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 Euro-Rate Portion and to any note payable to the order of such branch, subsidiary or affiliate to the same extent as if such part of the Euro-Rate Portion were made or maintained and such note were 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 Euro-Rate Portion by arranging for a branch, subsidiary or affiliate of such Lender to make or maintain such part of the Euro-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 or (ii) request the Borrower to issue one or more substitute promissory notes in the principal amount of such Euro-Rate Portion, in substantially the form attached hereto as Exhibit A, 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 Revolving Credit Loans to the Borrower; provided, that if a Lender requests the Borrower to issue one or more substitute promissory notes in accordance with clause (ii) above, the amount of the Note payable to such Lender shall automatically be reduced accordingly. The Borrower agrees to comply promptly with any request under subsection (ii) of this Section 2.12(b2.13(b). If any Lender causes a branch, subsidiary or affiliate to make or maintain any part of 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 Euro-Rate Portion and to any note payable to the order of such branch, subsidiary or affiliate to the same extent as if such part of the Euro-Rate Portion were made or maintained and such note were the a 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 Euro-Rate Portion by arranging for a branch, subsidiary or affiliate of such Lender to make or maintain such part of the Euro-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 or (ii) request the Borrower Borrowers to issue one or more substitute promissory notes in the principal amount of such Euro-Rate Portion, in substantially the form attached hereto as Exhibit A, 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 Revolving Credit Loans to the BorrowerBorrowers; provided, that if a Lender requests the Borrowers to issue one or more substitute promissory notes in accordance with clause (ii) above, the amount of the Note payable to such Lender shall automatically be reduced accordingly. The Borrower agrees Borrowers agree to comply promptly with any request under subsection (ii) of this Section 2.12(b2.13(b). If any Lender causes a branch, subsidiary or affiliate to make or maintain any part of 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 Euro-Rate Portion and to any note payable to the order of such branch, subsidiary or affiliate to the same extent as if such part of the Euro-Rate Portion were made or maintained and such note were the a Revolving Credit Note payable to such Lender's order.

Actual Funding. Each Lender Bank shall have the right from time to time to make or maintain any part of the Euro-Rate Portion by arranging for a branch, subsidiary or affiliate of such Lender Bank to make or maintain such part of the Euro-Rate Portion. 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 or (ii) request the Borrower to issue one (A) execute and deliver to the Administrative Agent (for delivery to such branch, subsidiary or more substitute promissory notes affiliate) a new Note in the principal amount of such Euro-Rate Portion, in substantially the form attached hereto as Exhibit Aof a Note, 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 Revolving Credit Loans to a Borrower, and (B) execute and deliver to the Administrative Agent (for delivery to such Bank) a replacement Note in the principal amount of such Bank's Committed Amount minus the amount of the new Note under subsection (b)(ii)(A) (such Note to be in exchange for (and to be delivered against delivery, marked "exchanged" to such Borrower of), but not in payment of, the Note then held by such Bank). Each such Note shall be dated as of and be in substantially the form of the predecessor Note. The Administrative Agent shall mark xxx predecessor Note "exchanged" and deliver it to the respective Borrower. The Each Borrower agrees to comply promptly with any request under subsection (iib)(ii) of this Section 2.12(b). If any Lender causes a branch, subsidiary or affiliate to make or maintain any part of 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 Euro-Rate Portion and to any note payable to the order of such branch, subsidiary or affiliate to the same extent as if such part of the Euro-Rate Portion were made or maintained and such note were the Revolving Credit Note payable to such Lender's order.2A.

Actual Funding. Each Lender of Revolving Credit Loans shall have the right from time to time to make or maintain any part of the Euro-LIBO Rate Portion by arranging for a branch, subsidiary or affiliate of such Lender to make or maintain such part of the Euro-LIBO 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 or (ii) request the Borrower Borrowers to issue one or more substitute promissory notes in the principal amount of such Euro-LIBO Rate Portion, in substantially the form attached hereto as Exhibit AA-1, 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 Revolving Credit Loans to the BorrowerBorrowers; provided, that if a Lender requests the Borrowers to issue one or more substitute promissory notes in accordance with clause (ii) above, the amount of the Note payable to such Lender shall automatically be reduced accordingly. The Borrower agrees Borrowers agree to comply promptly with any request under subsection (ii) of this Section 2.12(b2.13(b). If any applicable Lender causes a branch, subsidiary or affiliate to make or maintain any part of the Euro-LIBO 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 Euro-LIBO Rate Portion and to any note payable to the order of such branch, subsidiary or affiliate to the same extent as if such part of the Euro-LIBO Rate Portion were made or maintained and such note were the a 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 Euro-LIBO Rate Portion by arranging for a branch, subsidiary or affiliate of such Lender to make or maintain such part of the Euro-LIBO 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 or (ii) request the Borrower Borrowers to issue one or more substitute promissory notes in the principal amount of such Euro-LIBO Rate Portion, in substantially the form attached hereto as Exhibit A, 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 Revolving Credit Loans to the BorrowerBorrowers; provided, that if a Lender requests the Borrowers to issue one or more substitute promissory notes in accordance with clause (ii) above, the amount of the Note payable to such Lender shall automatically be reduced accordingly. The Borrower agrees Borrowers agree to comply promptly with any request under subsection (ii) of this Section 2.12(b2.13(b). If any applicable Lender causes a branch, subsidiary or affiliate to make or maintain any part of the Euro-LIBO 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 Euro-LIBO Rate Portion and to any note payable to the order of such branch, subsidiary or affiliate to the same extent as if such part of the Euro-LIBO Rate Portion were made or maintained and such note were the a 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 Euro-Rate Portion by arranging for a branch, subsidiary or affiliate branch of such Lender to make or maintain such part of the Euro-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 branch or (ii) request the Borrower to issue one or more substitute promissory notes in the principal amount of such Euro-Rate Portion, in substantially the form attached hereto as Exhibit A, A with the blanks appropriately filled, payable to such branch, subsidiary or affiliate branch and with appropriate changes reflecting that the holder thereof is not obligated to make any additional Revolving Credit Loans to the Borrower. The Borrower agrees to comply promptly with any request under subsection (ii) of this Section 2.12(b2.13(b). If any Lender causes a branch, subsidiary or affiliate branch to make or maintain any part of 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 Euro-Rate Portion and to any note payable to the order of such branch, subsidiary or affiliate branch to the same extent as if such part of the Euro-Rate Portion were made or maintained and such note were the a Revolving Credit Note Note, payable to such LenderXxxxxx's orderOrder.

Actual Funding. Each Lender shall have the right from time to time to make or maintain any part of the Euro-Rate Portion by arranging for a branch, subsidiary or affiliate of such Lender to make or maintain such part of the Euro-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 or (ii) request the Borrower to issue one or more substitute promissory notes in the principal amount of such Euro-Rate Portion, in substantially the form attached hereto as Exhibit AA-1-1997, Exhibit A-2-1997 or Exhibit A-3-1997, 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 Revolving Credit Loans to the Borrower. The Borrower agrees to comply promptly with any request under subsection (ii) of this Section 2.12(b2.15(b). If any Lender causes a branch, subsidiary or affiliate to make or maintain any part of 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 Euro-Rate Portion and to any note payable to the order of such branch, subsidiary or affiliate to the same extent as if such part of the Euro-Rate Portion were made or maintained and such note were the a Revolving Credit Note or Term Loan Note, as the case may be, 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 Euro-Rate Portion by arranging for a branch, subsidiary or affiliate of such Lender to make or maintain such part of the Euro-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 or (ii) request the Borrower Borrowers to issue one or more substitute promissory notes in the principal amount of such Euro-Rate Portion, in substantially the form attached hereto as Exhibit A, 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 Revolving Credit Loans to the BorrowerBorrowers; provided, that if a Lender requests the Borrowers to issue one or more substitute promissory notes in accordance with clause (ii) above, the amount of the Note payable to such Lender shall automatically be reduced accordingly. The Borrower agrees Borrowers agree to comply promptly with any request under subsection (ii) of this Section 2.12(b2.13(b). If any Lender causes a branch, subsidiary or affiliate to make or maintain any part of 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 Euro-Rate Portion and to any note payable to the order of such branch, subsidiary or affiliate to the same extent as if such part of the Euro-Rate Portion were made or maintained and such note were the a Revolving Credit Note payable to such Lender's order. (a) The Revolving Credit Commitment of the Lenders shall expire and shall be automatically reduced to zero on the Expiration Date. Not later than 60 days and not sooner than 90 days immediately preceding the Expiration Date then in effect, if Xxxxxxx-Xxxxxx wishes the Lenders to extend the Expiration Date to the date which is 364 days after the then effective Expiration Date (or, if such date is not a Business Day, the next preceding Business Day), Xxxxxxx-Xxxxxx shall so advise the Agent in writing (an "Extension Request"). The Agent shall thereupon promptly notify each of the Lenders of such Extension Request of Xxxxxxx-Xxxxxx. Within 20 days of its receipt of such Extension Request from Xxxxxxx-Xxxxxx, the Agent shall notify Xxxxxxx-Xxxxxx as to whether the Lenders have agreed so to extend the Expiration Date and, if so, as to any additional or different terms on which such extension is conditioned (the determination of the Lenders as to whether to agree to such extension and upon what terms being in the sole, absolute and unconditional discretion of each Lender). If such notice contains any such additional or different terms, Xxxxxxx-Xxxxxx shall advise the Agent in writing within 5 days next following receipt of such notice from the Agent as to whether Xxxxxxx-Xxxxxx agrees to such terms. If Xxxxxxx-Xxxxxx notifies the Agent that it so agrees, or if the Agent's notice that the Lenders have agreed to extend the Expiration Date contains no such additional or different terms, the Expiration Date shall automatically be extended to the date which is 364 days after the then effective Expiration Date (or, if such date is not a Business Day, the next preceding Business Day). If the Agent fails to notify Xxxxxxx-Xxxxxx within 20 days of the Agent's receipt of any Extension Request from Xxxxxxx-Xxxxxx as specified above as to whether the Lenders have agreed to such Extension Request, the Lenders shall be deemed not to have agreed to such Extension Request. (b) If (i) any Lender notifies the Agent in writing that it will not consent to such Extension Request or (ii) all of the Lenders have not in writing expressly consented to any such Extension Request as provided in the preceding paragraph, then the Agent shall so notify Xxxxxxx-Xxxxxx and Xxxxxxx-Xxxxxx, at its option, may (x) withdraw the Extension Request, or (y) replace each Lender which has not agreed to such Extension Request (a "Nonextending Lender") with another commercial lending institution reasonably satisfactory to the Agent (a "Replacement Lender") by giving notice of the name of such Replacement Lender to the Agent. Unless the Agent shall object to the identity of such proposed Replacement Lender prior to the date 5 days prior to the then current Expiration Date, upon notice from the Agent, each Nonextending Lender shall promptly (but in no event later than the then current Expiration Date) assign all of its interests hereunder to such Replacement Lender in accordance with the provisions of Section 8.14(c) hereof. If, immediately prior to the Expiration Date some, but not all, of the Lenders have agreed to such Extension Request, and each Nonextending Lender has not been replaced by Xxxxxxx-Xxxxxx in accordance with the terms of this Section 2.14(b), the Expiration Date shall be extended in accordance with such Extension Request; provided, however, that on the original Expiration Date (as such date may have been previously extended), the total Revolving Credit Commitment shall be irrevocably reduced by an amount equal to the Commitment of each Nonextending Lender. If all Lenders consent to any such Extension Request (or, if any Nonextending Lenders are replaced in accordance with this Section), then as of 5:00 p.m. New York time on the then current Expiration Date, such Expiration Date shall be deemed to have been extended for the period requested by Xxxxxxx-Xxxxxx in the related Extension Request

Actual Funding. Each Lender Bank shall have the right from time to time to make or maintain any part of the Euro-Rate Portion by arranging for a branch, subsidiary or affiliate of such Lender Bank to make or maintain such part of the Euro-Rate Portion. 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 or (ii) request the each Borrower to issue one (A) execute and deliver to the Administrative Agent (for delivery to such branch, subsidiary or more substitute promissory notes affiliate) a new Note in the principal amount of such Euro-Rate Portion, in substantially the form attached hereto as Exhibit Aof a Note, 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 Revolving Credit Loans to a Borrower, and (B) execute and deliver to the Administrative Agent (for delivery to such Bank) a replacement Note in the principal amount of such Bank's Committed Amount minus the amount of the new Note under subsection (b)(ii)(A) (such Note to be in exchange for (and to be delivered against delivery, marked "exchanged" to such Borrower of), but not in payment of, the Note then held by such Bank). Each such Note shall be dated as of and be in substantially the form of the predecessor Note. The Administrative Agent shall mark xxx predecessor Note "exchanged" and deliver it to the respective Borrower. The Each Borrower agrees to comply promptly with any request under subsection (iib)(ii) of this Section 2.12(b). If any Lender causes a branch, subsidiary or affiliate to make or maintain any part of 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 Euro-Rate Portion and to any note payable to the order of such branch, subsidiary or affiliate to the same extent as if such part of the Euro-Rate Portion were made or maintained and such note were the Revolving Credit Note payable to such Lender's order3.