Common use of Administrative Agent Reliance Clause in Contracts

Administrative Agent Reliance. Unless the applicable Administrative Agent shall have received notice from a Lender before the date of any US Borrowing or Canadian Borrowing that such Lender will not make available to the applicable Administrative Agent such Lender’s Applicable Pro Rata Share of any Borrowing, the applicable Administrative Agent may assume that such Lender has made its Applicable Pro Rata Share of such Borrowing available to the applicable Administrative Agent on the date of such Borrowing in accordance with Section 2.4(a) (or, in the case of a Borrowing of B/A Advances, that such Lender has made such share available in accordance with and at the time required by Section 2.18), and the applicable Administrative Agent may, in reliance upon such assumption, make available to the applicable Borrower on such date a corresponding amount. If and to the extent that such Lender shall not have so made its Applicable Pro Rata Share of such Borrowing available to the applicable Administrative Agent, such Lender and the applicable Borrower severally agree to immediately repay to the applicable Administrative Agent on demand such corresponding amount, together with interest on such amount, for each day from the date such amount is made available to such Borrower until the date such amount is repaid to the applicable Administrative Agent, at (i) in the case of such Borrower, the interest rate applicable on such day to Advances comprising such Borrowing and (ii) in the case of such Lender, the lesser of (A) the Overnight Rate for such day and (B) the Maximum Rate. If such Lender shall repay to the applicable Administrative Agent such corresponding amount and interest as provided above, such corresponding amount so repaid shall constitute such Lender’s Advance as part of such Borrowing for purposes of this Agreement even though not made on the same day as the other Advances comprising such Borrowing.

Appears in 4 contracts

Samples: Credit Agreement (NCS Multistage Holdings, Inc.), Credit Agreement (NCS Multistage Holdings, Inc.), Credit Agreement (NCS Multistage Holdings, Inc.)

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Administrative Agent Reliance. Unless the applicable Administrative Agent shall have received notice from a Lender before the date of any US Borrowing or Canadian Borrowing Date that such Lender will not make available to the applicable Administrative Agent such Lender’s Applicable Pro Rata Share of any the Borrowing, the applicable Administrative Agent may assume that such Lender has made its Applicable Pro Rata Share of such Borrowing available to the applicable Administrative Agent on the date of such Borrowing Date in accordance with paragraph (a) of this Section 2.4(a) (or, in the case of a Borrowing of B/A Advances, that such Lender has made such share available in accordance with and at the time required by Section 2.18), 2.02 and the applicable Administrative Agent may, in reliance upon such assumption, make available to the applicable Borrower on such date the Borrowing Date a corresponding amount. If and to the extent that such Lender shall not have so made its Applicable Pro Rata Share of such Borrowing available to the applicable Administrative Agent, such Lender and the applicable Borrower severally agree to immediately repay to the applicable Administrative Agent on demand such corresponding amount, together with interest on such amount, for each day from the date such amount is made available to such the Borrower until the date such amount is repaid to the applicable Administrative Agent, at (i) in the case of such the Borrower, the interest rate applicable on such day to Base Rate Advances comprising such Borrowing and (ii) in the case of such Lender, the lesser greater of (A) the Overnight Federal Funds Effective Rate for such day and (B) a rate determined by the Maximum RateAdministrative Agent in accordance with banking industry rules on interbank compensation. If such Lender shall repay to the applicable Administrative Agent such corresponding amount and interest as provided above, such corresponding amount so repaid shall constitute such Lender’s Advance as part of such Borrowing for purposes of this Agreement even though not made on the same day as the other Advances comprising such Borrowing. If such Lender’s Advance as part of such Borrowing is not made available by such Lender within three Business Days of the Borrowing Date, the Borrower shall repay such Lender’s share of such Borrowing (together with interest thereon at the interest rate applicable during such period to Base Rate Advances) to the Administrative Agent not later than three Business Days after receipt of written notice from the Administrative Agent specifying such Lender’s share of such Borrowing that was not made available to the Administrative Agent.

Appears in 4 contracts

Samples: Credit Agreement (Quintana Energy Services Inc.), Credit Agreement (Quintana Energy Services Inc.), Credit Agreement (Quintana Energy Services Inc.)

Administrative Agent Reliance. Unless the applicable Administrative Agent shall have received notice from a Lender before the date of any US Borrowing or Canadian Borrowing Date that such Lender will not make available to the applicable Administrative Agent such Lender’s Applicable Pro Rata Share of any the Borrowing, the applicable Administrative Agent may assume that such Lender has made its Applicable Pro Rata Share of such Borrowing available to the applicable Administrative Agent on the date of such Borrowing Date in accordance with paragraph (a) of this Section 2.4(a) (or, in the case of a Borrowing of B/A Advances, that such Lender has made such share available in accordance with and at the time required by Section 2.18), 2.02 and the applicable Administrative Agent may, in reliance upon such assumption, make available to the applicable Borrower on such date the Borrowing Date a corresponding amount. If and to the extent that such Lender shall not have so made its Applicable Pro Rata Share of such Borrowing available to the applicable Administrative Agent, such Lender and the applicable Borrower severally agree to immediately promptly repay to the applicable Administrative Agent on demand such corresponding amount, together with interest on such amount, for each day from the date such amount is made available to such the Borrower until the date such amount is repaid to the applicable Administrative Agent, at (i) in the case of such the Borrower, the interest rate applicable on such day to Base Rate Advances comprising such Borrowing and (ii) in the case of such Lender, a rate determined by the lesser of (A) the Overnight Rate for such day and (B) the Maximum RateAdministrative Agent in accordance with banking industry rules on interbank compensation. If such Lender shall repay to the applicable Administrative Agent such corresponding amount and interest as provided above, such corresponding amount so repaid shall constitute such Lender’s Revolving Advance as part of such Borrowing for purposes of this Agreement even though not made on the same day as the other Revolving Advances comprising such Borrowing. If such Lender’s Revolving Advance as part of such Borrowing is not made available by such Lender within three Business Days of the Borrowing Date, the Borrower shall repay such Lender’s share of such Borrowing (together with interest thereon at the interest rate applicable during such period to Base Rate Advances) to the Administrative Agent not later than three Business Days after receipt of written notice from the Administrative Agent specifying such Lender’s share of such Borrowing that was not made available to the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Diamondback Energy Services, Inc.), Credit Agreement (Diamondback Energy Services, Inc.)

Administrative Agent Reliance. Unless the applicable Administrative Agent shall have received notice from a Lender before the date of any US Borrowing or Canadian Revolving Borrowing that such Lender will not make available to the applicable Administrative Agent such Lender’s Applicable Pro Rata Share applicable pro rata share of any Borrowing, the applicable Administrative Agent may assume that such Lender has made its Applicable Pro Rata Share applicable pro rata share of such Borrowing available to the applicable Administrative Agent on the date of such Borrowing in accordance with Section 2.4(a) (or, in the case of a Borrowing of B/A Advances, that such Lender has made such share available in accordance with and at the time required by Section 2.182.3(a), and the applicable Administrative Agent may, in reliance upon such assumption, make available to the applicable Borrower on such date a corresponding amount. If and to the extent that such Lender shall not have so made its Applicable Pro Rata Share applicable pro rata share of such Borrowing available to the applicable Administrative Agent, such Lender and the applicable Borrower severally agree to immediately repay to the applicable Administrative Agent on demand such corresponding amount, together with interest on such amount, for each day from the date such amount is made available to such the Borrower until the date such amount is repaid to the applicable Administrative Agent, at (i) in the case of such the Borrower, the interest rate applicable on such day to Advances comprising such Borrowing and (ii) in the case of such Lender, the lesser of (A) the Overnight Federal Funds Rate for such day and (B) the Maximum Rate. If such Lender shall repay to the applicable Administrative Agent such corresponding amount and interest as provided above, such corresponding amount so repaid shall constitute such Lender’s Advance as part of such Borrowing for purposes of this Agreement even though not made on the same day as the other Advances comprising such Borrowing. If the Borrower and such Lender shall pay such interest to the Administrative Agent for the same or an overlapping period, the Administrative Agent shall promptly remit to the Borrower the amount of such interest paid by the Borrower for such period. Any payment by the Borrower shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make its applicable pro rata share of such Borrowing to the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Heckmann Corp), Credit Agreement (Heckmann Corp)

Administrative Agent Reliance. Unless the applicable Administrative Agent shall have received notice from a Lender before the date of any US Borrowing or Canadian Borrowing Date that such Lender will not make available to the applicable Administrative Agent such Lender’s Applicable Pro Rata Share of any the Borrowing, the applicable Administrative Agent may assume that such Lender has made its Applicable Pro Rata Share of such Borrowing available to the applicable Administrative Agent on the date of such Borrowing Date in accordance with paragraph (a) of this Section 2.4(a) (or, in the case of a Borrowing of B/A Advances, that such Lender has made such share available in accordance with and at the time required by Section 2.18), 2.02 and the applicable Administrative Agent may, in reliance upon such assumption, make available to the applicable Borrower on such date the Borrowing Date a corresponding amount. If and to the extent that such Lender shall not have so made its Applicable Pro Rata Share of such Borrowing available to the applicable Administrative Agent, such Lender and the applicable Borrower severally agree to immediately repay to the applicable Administrative Agent on demand such corresponding amount, together with interest on such amount, for each day from the date such amount is made available to such the Borrower until the date such amount is repaid to the applicable Administrative Agent, at (i) in the case of such Borrower, the interest rate applicable on such day to Advances comprising such Borrowing and (ii) in the case of such Lender, the lesser of (A) the Overnight Rate for such day and (B) the Maximum RateLoans. If such Lender shall repay to the applicable Administrative Agent such corresponding amount and interest as provided above, such corresponding amount so repaid shall constitute such Lender’s Advance Loan as part of such Borrowing for purposes of this Agreement even though not made on the same day as the other Advances Loans comprising such Borrowing. If such Lender’s Loan as part of such Borrowing is not made available by such Lender within three Business Days of the Borrowing Date, the Borrower shall repay such Lender’s share of such Borrowing (together with interest thereon at the interest rate applicable during such period to Loans) to the Administrative Agent not later than three Business Days after receipt of written notice from the Administrative Agent specifying such Lender’s share of such Borrowing that was not made available to the Administrative Agent.

Appears in 2 contracts

Samples: Pledge Agreement (Quintana Energy Services Inc.), Pledge Agreement (Quintana Energy Services Inc.)

Administrative Agent Reliance. Unless the applicable Administrative Agent shall have received notice from a Lender with a Commitment before the date of any US Borrowing or Canadian the relevant Borrowing that such Lender will not make available to the applicable Administrative Agent such Lender’s Applicable Pro Rata Share of any such Borrowing, the applicable Administrative Agent may assume that such Lender has made its Applicable Pro Rata Share of such Borrowing available to the applicable Administrative Agent on the date of such Borrowing in accordance with paragraph (a) of this Section 2.4(a) (or, in the case of a Borrowing of B/A Advances, that such Lender has made such share available in accordance with and at the time required by Section 2.18), 2.02 and the applicable Administrative Agent mayAgent, in reliance upon such assumption, may, but shall not be required to, make available to the applicable Borrower on such date a corresponding amount. If and to the extent that such Lender shall not have so made its Applicable Pro Rata Share of the relevant Borrowing available to the Administrative Agent and the Administrative Agent shall have, in its discretion, made all or part of such Lender’s Pro Rata Share of such Borrowing available to the applicable Administrative AgentBorrower, such Lender and the applicable Borrower severally agree to immediately repay to the applicable Administrative Agent on demand such corresponding amount, together with interest on such amount, for each day from the date such amount is made available to such the Borrower until the date such amount is repaid to the applicable Administrative Agent, at (i) in the case of such the Borrower, the interest rate applicable on such day to Advances the New Loans comprising such the relevant Borrowing and (ii) in the case of such Lender, the lesser of (A) the Overnight Federal Funds Rate for such day and (B) the Maximum Rateday. If such Lender shall repay to the applicable Administrative Agent such corresponding amount and interest as provided above, such corresponding amount (less accrued and paid interest) so repaid shall constitute such Lender’s Advance New Loan as part of such the relevant Borrowing for purposes of this Agreement even though not made on the same day as the other Advances New Loans comprising such Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Corpbanca/Fi), Credit Agreement (Corpbanca/Fi)

Administrative Agent Reliance. Unless the applicable Administrative Agent shall have received notice from a Lender before the date of any US Borrowing or Canadian Borrowing Date that such Lender will not make available to the applicable Administrative Agent such Lender’s Applicable Pro Rata 's Revolving Share or Term Share, as applicable, of any Borrowing, the applicable Administrative Agent may assume that such Lender has made its Applicable Pro Rata Revolving Share or Term Share, as applicable, of such Borrowing available to the applicable Administrative Agent on the date of such Borrowing Date in accordance with paragraph (a) of this Section 2.4(a) (or, in the case of a Borrowing of B/A Advances, that such Lender has made such share available in accordance with and at the time required by Section 2.18), 2.02 and the applicable Administrative Agent may, in reliance upon such assumption, make available to the applicable Borrower on such date Borrowing Date a corresponding amount. If and to the extent that such Lender shall not have so made its Applicable Pro Rata Revolving Share or Term Share, as applicable, of such Borrowing available to the applicable Administrative Agent, such Lender and the applicable Borrower severally agree to immediately repay shall pay to the applicable Administrative Agent on demand such corresponding amount, together with interest on such amount, for each day from the date such amount is made available to such Borrower until the date such amount is repaid to the applicable Administrative Agent, on demand, such amount with interest thereon at (i) in a rate per annum equal to the case of such Borrower, the interest rate applicable on such day to Advances comprising such Borrowing and (ii) in the case of such Lender, the lesser of (A) the Overnight daily average Federal Funds Effective Rate for the period until such day and (B) Lender makes such amount immediately available to the Maximum RateAdministrative Agent. If such Lender shall repay to the applicable Administrative Agent such corresponding amount and interest as provided above, such corresponding amount so repaid shall constitute such Lender’s 's Advance as part of such Borrowing for purposes of this Agreement even though not made on the same day as the other Advances comprising such Borrowing. If such Lender's Advance as part of such Borrowing is not made available by such Lender within three Business Days of the Borrowing Date, the applicable Borrower shall repay such Lender's share of such Borrowing (together with interest thereon at the interest rate applicable during such period to Advances comprising such Borrowing) to the Administrative Agent not later than three Business Days after receipt of written notice from the Administrative Agent specifying such Lender's share of such Borrowing that was not made available to the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Global Industries LTD), Credit Agreement (Global Industries LTD)

Administrative Agent Reliance. Unless the applicable Administrative Agent shall have received notice from a Lender before the Borrowing date of any US Borrowing or Canadian Borrowing that such Lender will not make available to the applicable Administrative Agent such Lender’s Applicable Pro Rata Share of any the Borrowing, the applicable Administrative Agent may assume that such Lender has made its Applicable Pro Rata Share of such Borrowing available to the applicable Administrative Agent on the Borrowing date of such Borrowing in accordance with paragraph (a) of this Section 2.4(a) (or, in the case of a Borrowing of B/A Advances, that such Lender has made such share available in accordance with and at the time required by Section 2.18), 2.02 and the applicable Administrative Agent may, in reliance upon such assumption, make available to the applicable a Borrower on such the Borrowing date a corresponding amount. If and to the extent that such Lender shall not have so made its Applicable Pro Rata Share of such Borrowing available to the applicable Administrative Agent, such Lender and the applicable Borrower Borrowers severally agree to immediately repay to the applicable Administrative Agent on demand such corresponding amount, together with interest on such amount, for each day from and including the date such amount is made available to such a Borrower until to but excluding the date such amount is repaid to the applicable Administrative Agent, at (i) in the case of such Borrowerthe Borrowers, the interest rate applicable on such day to Base Rate Advances comprising such Borrowing and (ii) in the case of such Lender, the lesser greater of (A) the Overnight Federal Funds Rate for such day and (B) a rate determined by the Maximum RateAdministrative Agent in accordance with banking industry rules on interbank compensation. If such Lender shall repay to the applicable Administrative Agent such corresponding amount and interest as provided above, such corresponding amount so repaid shall constitute such Lender’s Advance as part of such Borrowing for purposes of this Agreement even though not made on the same day as the other Advances comprising such Borrowing. If such Lender’s Advance as part of such Borrowing is not made available by such Lender within three (3) Business Days of the Borrowing date, the Borrowers shall repay such Lender’s share of such Borrowing (together with interest thereon at the interest rate applicable during such period to Base Rate Advances) to the Administrative Agent not later than three (3) Business Days after receipt of written notice from the Administrative Agent specifying such Lender’s share of such Borrowing that was not made available to the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (CorEnergy Infrastructure Trust, Inc.), Credit Agreement (CorEnergy Infrastructure Trust, Inc.)

Administrative Agent Reliance. Unless the applicable Administrative Agent shall have received notice from a Lender before the date of any US Borrowing or Canadian Borrowing Date that such Lender will not make available to the applicable Administrative Agent such Lender’s Applicable Pro Rata Share of any the Borrowing, the applicable Administrative Agent may assume that such Lender has made its Applicable Pro Rata Share of such Borrowing available to the applicable Administrative Agent on the date of such Borrowing Date in accordance with paragraph (a) of this Section 2.4(a) (or, in the case of a Borrowing of B/A Advances, that such Lender has made such share available in accordance with and at the time required by Section 2.18), 2.02 and the applicable Administrative Agent may, in reliance upon such assumption, make available to the applicable Borrower on such date the Borrowing Date a corresponding amount. If and to the extent that such Lender shall not have so made its Applicable Pro Rata Share of such Borrowing available to the applicable Administrative Agent, such Lender and the applicable Borrower severally agree to immediately repay to the applicable Administrative Agent on demand such corresponding amount, together with interest on such amount, for each day from the date such amount is made available to such Borrower until the date such amount is repaid to the applicable Administrative Agent, at (i) in the case of such Borrower, the interest rate applicable on such day to Base Rate Advances comprising such Borrowing and (ii) in the case of such Lender, the lesser greater of (A) the Overnight Federal Funds Effective Rate for such day and (B) a rate determined by the Maximum RateAdministrative Agent in accordance with banking industry rules on interbank compensation. If such Lender shall repay to the applicable Administrative Agent such corresponding amount and interest as provided above, such corresponding amount so repaid shall constitute such Lender’s Revolving Advance as part of such Borrowing for purposes of this Agreement even though not made on the same day as the other Revolving Advances comprising such Borrowing. If such Lender’s Revolving Advance as part of such Borrowing is not made available by such Lender within three Business Days of the Borrowing Date, the applicable Borrower shall repay such Lender’s share of such Borrowing (together with interest thereon at the interest rate applicable during such period to Base Rate Advances) to the Administrative Agent not later than three Business Days after receipt of written notice from the Administrative Agent specifying such Lender’s share of such Borrowing that was not made available to the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Total Gas & Electricity (PA) Inc), Credit Agreement (MxEnergy Holdings Inc)

Administrative Agent Reliance. Unless the applicable Administrative Agent shall have received notice from a Lender before the date of any US Borrowing or Canadian Borrowing Date that such Lender will not make available to the applicable Administrative Agent such Lender’s Applicable Pro Rata Share of any Borrowingthe corresponding Loan, the applicable Administrative Agent may assume that such Lender has made its Applicable Pro Rata Share of such Borrowing Loan available to the applicable Administrative Agent on the date of such Borrowing Date in accordance with paragraph (a) of this Section 2.4(a) (or, in the case of a Borrowing of B/A Advances, that such Lender has made such share available in accordance with and at the time required by Section 2.18), 2.02 and the applicable Administrative Agent may, in reliance upon such assumption, make available to the applicable Borrower on such date the Borrowing Date a corresponding amount. If and to the extent that such Lender shall not have so made its Applicable Pro Rata Share of such Borrowing Loan available to the applicable Administrative Agent, such Lender and the applicable Borrower severally agree to immediately repay to the applicable Administrative Agent on demand such corresponding amount, together with interest on such amount, for each day from the date such amount is made available to such the Borrower until the date such amount is repaid to the applicable Administrative Agent, at (i) in the case of such the Borrower, the interest rate applicable on such day to Advances comprising such Borrowing Eurodollar Loans and (ii) in the case of such Lender, the lesser greater of (A) the Overnight Federal Funds Effective Rate for such day and (B) a rate determined by the Maximum RateAdministrative Agent in accordance with banking industry rules on interbank compensation. If Subject to Section 2.16, if such Lender shall repay to the applicable Administrative Agent such corresponding amount and interest as provided above, such corresponding amount so repaid shall constitute such Lender’s Advance Loan as part of such Borrowing Loan for purposes of this Agreement even though not made on the same day as the other Advances comprising Loans. If such BorrowingLender’s Loan as part of such Loan is not made available by such Lender within three Business Days of the Borrowing Date, the Borrower shall repay such Lender’s share of such Loan (together with interest thereon at the interest rate applicable during such period to Eurodollar Loans) to the Administrative Agent not later than three Business Days after receipt of written notice from the Administrative Agent specifying such Lender’s Pro Rata Share of such Loan that was not made available to the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Vantage Drilling International), Credit Agreement

Administrative Agent Reliance. Unless the applicable Administrative Agent shall have received notice from a Lender before the date of any US Borrowing or Canadian Borrowing Date that such Lender will not make available to the applicable Administrative Agent such Lender’s Applicable Pro Rata Term Share or Pro Rata Incremental Term Share, as applicable, of any the Borrowing, the applicable Administrative Agent may assume that such Lender has made its Applicable Pro Rata Term Share or Pro Rata Incremental Term Share, as applicable, of such Borrowing available to the applicable Administrative Agent on the date of such Borrowing Date in accordance with paragraph (a) of this Section 2.4(a) (or, in the case of a Borrowing of B/A Advances, that such Lender has made such share available in accordance with and at the time required by Section 2.18), 2.2 and the applicable Administrative Agent may, in reliance upon such assumption, make available to the applicable Borrower on such date the Borrowing Date a corresponding amount. If and to the extent that such Lender shall not have so made its Applicable Pro Rata Share share of such Borrowing available to the applicable Administrative Agent, such Lender and the applicable Borrower severally agree agrees to immediately repay pay to the applicable Administrative Agent on demand such corresponding amount, together with interest on such amount, for each day from the date such amount is made available to such the Borrower until the date such amount is repaid to the applicable Administrative Agent, at (i) the greater of the Federal Funds Effective Rate and a rate determined by the Administrative Agent in the case of such Borrower, the interest rate applicable accordance with banking industry rules on such day to Advances comprising such Borrowing and (ii) in the case of such Lender, the lesser of (A) the Overnight Rate for such day and (B) the Maximum Rateinterbank compensation. If such Lender shall repay pay to the applicable Administrative Agent such corresponding amount and interest as provided above, such corresponding amount so repaid shall constitute such Lender’s Advance as part of such Borrowing for purposes of this Agreement even though not made on the same day as the other Advances comprising such Borrowing. If such Lender’s Advance as part of such Borrowing is not made available by such Lender within [__________]* of the Borrowing Date, the Borrower shall repay such defaulting Lender’s share of such Borrowing (together with interest thereon, for each day from the date such amount is made available to the Borrower until the date such amount is repaid to the Administrative Agent, at the interest rate applicable during such period to Adjusted Base Rate Advances) to the Administrative Agent not later than [__________]* after receipt of written notice from the Administrative Agent specifying such Lender’s share of such Borrowing that was not made available to the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Cig Wireless Corp.), Credit Agreement (Cig Wireless Corp.)

Administrative Agent Reliance. Unless the applicable Administrative Agent shall have received notice from a Lender before the Borrowing date of any US Borrowing or Canadian Borrowing that such Lender will not make available to the applicable Administrative Agent such LenderXxxxxx’s Applicable Pro Rata Share of any the Borrowing, the applicable Administrative Agent may assume that such Lender Xxxxxx has made its Applicable Pro Rata Share of such Borrowing available to the applicable Administrative Agent on the Borrowing date of such Borrowing in accordance with paragraph (a) of this Section 2.4(a) (or, in the case of a Borrowing of B/A Advances, that such Lender has made such share available in accordance with and at the time required by Section 2.18), 2.02 and the applicable Administrative Agent may, in reliance upon such assumption, make available to the applicable a Borrower on such the Borrowing date a corresponding amount. If and to the extent that such Lender shall not have so made its Applicable Pro Rata Share of such Borrowing available to the applicable Administrative Agent, such Lender and the applicable Borrower Borrowers severally agree to immediately repay to the applicable Administrative Agent on demand such corresponding amount, together with interest on such amount, for each day from and including the date such amount is made available to such a Borrower until to but excluding the date such amount is repaid to the applicable Administrative Agent, at (i) in the case of such Borrowerthe Borrowers, the interest rate applicable on such day to Base Rate Advances comprising such Borrowing and (ii) in the case of such Lender, the lesser greater of (A) the Overnight Federal Funds Rate for such day and (B) a rate determined by the Maximum RateAdministrative Agent in accordance with banking industry rules on interbank compensation. If such Lender shall repay to the applicable Administrative Agent such corresponding amount and interest as provided above, such corresponding amount so repaid shall constitute such Lender’s Advance as part of such Borrowing for purposes of this Agreement even though not made on the same day as the other Advances comprising such Borrowing. If such Xxxxxx’s Advance as part of such Borrowing is not made available by such Lender within three (3) Business Days of the Borrowing date, the Borrowers shall repay such Xxxxxx’s share of such Borrowing (together with interest thereon at the interest rate applicable during such period to Base Rate Advances) to the Administrative Agent not later than three (3) Business Days after receipt of written notice from the Administrative Agent specifying such Xxxxxx’s share of such Borrowing that was not made available to the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (CorEnergy Infrastructure Trust, Inc.)

Administrative Agent Reliance. Unless the applicable Administrative Agent shall have received notice from a Term Lender before the date of any US Borrowing or Canadian Borrowing Date that such Term Lender will not make available to the applicable Administrative Agent such Term Lender’s Applicable 's Pro Rata Share of any the Borrowing, the applicable Administrative Agent may assume that such Term Lender has made its Applicable Pro Rata Share of such Borrowing available to the applicable Administrative Agent on the date of such Borrowing Date in accordance with paragraph (a) of this Section 2.4(a) (or, in the case of a Borrowing of B/A Advances, that such Lender has made such share available in accordance with and at the time required by Section 2.18), 2.2 and the applicable Administrative Agent may, in reliance upon such assumption, make available to the applicable Borrower on such date the Borrowing Date a corresponding amount. If and to the extent that such Term Lender shall not have so made its Applicable Pro Rata Share of such Borrowing available to the applicable Administrative Agent, such Term Lender and the applicable Borrower severally agree to immediately repay shall pay to the applicable Administrative Agent on demand such corresponding amount, together with interest on such amount, for each day from the date such amount is made available to such Borrower until the date such amount is repaid to the applicable Administrative Agent, on demand, such amount with interest thereon at (i) in a rate per annum equal to the case of such Borrower, the interest rate applicable on such day to Advances comprising such Borrowing and (ii) in the case of such Lender, the lesser of (A) the Overnight daily average Federal Funds Effective Rate for the period until such day and (B) Term Lender makes such amount immediately available to the Maximum RateAdministrative Agent. If such Term Lender shall repay to the applicable Administrative Agent such corresponding amount and interest as provided above, such corresponding amount so repaid shall constitute such Term Lender’s Advance 's Loan as part of such Borrowing for purposes of this Agreement even though not made on the same day as the other Advances Term Loans comprising such Borrowing. If such Term Lender's Term Loan as part of such Borrowing is not made available by such Term Lender within three Business Days of the Borrowing Date, the Borrower shall repay such Term Lender's share of such Borrowing (together with interest thereon at the interest rate applicable during such period to Term Loans comprising such Borrowing) to the Administrative Agent not later than three Business Days after receipt of written notice from the Administrative Agent specifying such Term Lender's share of such Borrowing that was not made available to the Administrative Agent.

Appears in 1 contract

Samples: Security Agreement (Pride International Inc)

Administrative Agent Reliance. Unless the applicable Administrative Agent shall have received notice from a Lender before the date of any US Borrowing or Canadian Borrowing Date that such Lender will not make available to the applicable Administrative Agent such Lender’s Applicable 's Pro Rata Share of any the Borrowing, the applicable Administrative Agent may assume that such Lender has made its Applicable Pro Rata Share of such Borrowing available to the applicable Administrative Agent on the date of such Borrowing Date in accordance with paragraph (a) of this Section 2.4(a) (or, in the case of a Borrowing of B/A Advances, that such Lender has made such share available in accordance with and at the time required by Section 2.18), 2.2 and the applicable Administrative Agent may, in reliance upon such assumption, make available to the applicable Borrower on such date the Borrowing Date a corresponding amount. If and to the extent that such Lender shall not have so made its Applicable Pro Rata Share of such Borrowing available to the applicable Administrative Agent, such Lender and the applicable Borrower severally agree to immediately repay shall pay to the applicable Administrative Agent on demand such corresponding amount, together with interest on such amount, for each day from the date such amount is made available to such Borrower until the date such amount is repaid to the applicable Administrative Agent, on demand, such amount with interest thereon at (i) in a rate per annum equal to the case of such Borrower, the interest rate applicable on such day to Advances comprising such Borrowing and (ii) in the case of such Lender, the lesser of (A) the Overnight daily average Federal Funds Effective Rate for the period until such day and (B) Lender makes such amount immediately available to the Maximum RateAdministrative Agent. If such Lender shall repay to the applicable Administrative Agent such corresponding amount and interest as provided above, such corresponding amount so repaid shall constitute such Lender’s Advance 's Loan as part of such Borrowing for purposes of this Agreement even though not made on the same day as the other Advances Loans comprising such Borrowing. If such Lender's Loan as part of such Borrowing is not made available by such Lender within three Business Days of the Borrowing Date, the Borrower shall repay such Lender's share of such Borrowing (together with interest thereon at the interest rate applicable during such period to Loans comprising such Borrowing) to the Administrative Agent not later than three Business Days after receipt of written notice from the Administrative Agent specifying such Lender's share of such Borrowing that was not made available to the Administrative Agent. Notwithstanding the foregoing, the failure of any Lender to make the Loan to be made by it as part of the Borrowing shall not relieve any other Lender of its obligation, if any, to make its Loan on the Borrowing Date.

Appears in 1 contract

Samples: Revolving Credit Agreement (McDermott International Inc)

Administrative Agent Reliance. Unless If the applicable Administrative Agent shall not have received notice from a Lender before the date of any US Borrowing or Canadian Borrowing Date that such Lender will not make available to the applicable Administrative Agent such Lender’s Applicable 's Pro Rata Share of any the Borrowing, the applicable Administrative Agent may assume that such Lender has made its Applicable Pro Rata Share of such Borrowing available to the applicable Administrative Agent on the date of such Borrowing Date in accordance with paragraph (a) of this Section 2.4(a) (or, in the case of a Borrowing of B/A Advances, that such Lender has made such share available in accordance with and at the time required by Section 2.18)2.02, and the applicable Administrative Agent may, in reliance upon such assumption, make available to the applicable Borrower on such date the Borrowing Date a corresponding amount. If and to the extent that such Lender shall not have so made its Applicable Pro Rata Share of such Borrowing available to the applicable Administrative Agent, such Lender and the applicable Borrower Borrowers severally agree to immediately repay to the applicable Administrative Agent on demand such corresponding amount, together with interest on such amount, for each day from the date such amount is made available to such a Borrower until the date such amount is repaid to the applicable Administrative Agent, at (i) in the case of such Borrowerthe Borrowers, the interest rate applicable on such day to Advances comprising such Borrowing and (ii) in the case of such Lender, the lesser greater of (A) the Overnight Federal Funds Effective Rate for such day and (B) a rate determined by the Maximum RateAdministrative Agent in accordance with banking industry rules on interbank compensation. If such Lender shall repay to the applicable Administrative Agent such corresponding amount and interest as provided above, such corresponding amount so repaid shall constitute such Lender’s 's Advance as part of such Borrowing for purposes of this Agreement even though not made on the same day as the other Advances comprising such Borrowing. The Borrowers agree that if such Lender's Advance as part of such Borrowing is not made available by such Lender within three Business Days of the Borrowing Date, the Borrowers shall repay such Lender's share of such Borrowing (together with interest thereon for each day from the date such amount is made available to the Borrowers until such amount is paid to the Administrative Agent, at the interest rate applicable during such period to Advances) to the Administrative Agent not later than three Business Days after receipt of written notice from the Administrative Agent specifying such Lender's share of such Borrowing that was not made available to the Administrative Agent. If the Administrative Agent shall have received notice from a Lender before the Borrowing Date that such Lender will not make available to the Administrative Agent such Lender's Pro Rata Share of the Borrowing, the Administrative Agent need not make available to the applicable Borrower on the Borrowing Date a corresponding amount.

Appears in 1 contract

Samples: Credit Agreement (Horsehead Holding Corp)

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Administrative Agent Reliance. Unless the applicable Administrative Agent shall have received notice from a Lender before the date of any US Borrowing or Canadian Borrowing Date that such Lender will not make available to the applicable Administrative Agent such Lender’s Applicable Pro Rata 's Revolving A Share or Revolving B Share, as applicable, of any Borrowing, the applicable Administrative Agent may assume that such Lender has made its Applicable Pro Rata Revolving A Share or Revolving B Share, as applicable, of such Borrowing available to the applicable Administrative Agent on the date of such Borrowing Date in accordance with paragraph (a) of this Section 2.4(a) (or, in the case of a Borrowing of B/A Advances, that such Lender has made such share available in accordance with and at the time required by Section 2.18), 2.02 and the applicable Administrative Agent may, in reliance upon such assumption, make available to the applicable Borrower on such date Borrowing Date a corresponding amount. If and to the extent that such Lender shall not have so made its Applicable Pro Rata Revolving A Share or Revolving B Share, as applicable, of such Borrowing available to the applicable Administrative Agent, such Lender and the applicable Borrower severally agree to immediately repay shall pay to the applicable Administrative Agent on demand such corresponding amount, together with interest on such amount, for each day from the date such amount is made available to such Borrower until the date such amount is repaid to the applicable Administrative Agent, on demand, such amount with interest thereon at (i) in a rate per annum equal to the case of such Borrower, the interest rate applicable on such day to Advances comprising such Borrowing and (ii) in the case of such Lender, the lesser of (A) the Overnight daily average Federal Funds Effective Rate for the period until such day and (B) Lender makes such amount immediately available to the Maximum RateAdministrative Agent. If such Lender shall repay to the applicable Administrative Agent such corresponding amount and interest as provided above, such corresponding amount so repaid shall constitute such Lender’s 's Advance as part of such Borrowing for purposes of this Agreement even though not made on the same day as the other Advances comprising such Borrowing. If such Lender's Advance as part of such Borrowing is not made available by such Lender within three Business Days of the Borrowing Date, the applicable Borrower shall repay such Lender's share of such Borrowing (together with interest thereon at the interest rate applicable during such period to Advances comprising such Borrowing) to the Administrative Agent not later than three Business Days after receipt of written notice from the Administrative Agent specifying such Lender's share of such Borrowing that was not made available to the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Global Industries LTD)

Administrative Agent Reliance. Unless the applicable Administrative Agent shall have received notice from a Lender before the date of any US Borrowing or Canadian Borrowing Date that such Lender will not make available to the applicable Administrative Agent such LenderXxxxxx’s Applicable Pro Rata Share of any Borrowingthe corresponding Loan, the applicable Administrative Agent may assume that such Lender Xxxxxx has made its Applicable Pro Rata Share of such Borrowing Loan available to the applicable Administrative Agent on the date of such Borrowing Date in accordance with paragraph (a) of this Section 2.4(a) (or, in the case of a Borrowing of B/A Advances, that such Lender has made such share available in accordance with and at the time required by Section 2.18), 2.02 and the applicable Administrative Agent may, in reliance upon such assumption, make available to the applicable Borrower on such date the Borrowing Date a corresponding amount. If and to the extent that such Lender shall not have so made its Applicable Pro Rata Share of such Borrowing Loan available to the applicable Administrative Agent, such Lender and the applicable Borrower severally agree to immediately repay to the applicable Administrative Agent on demand such corresponding amount, together with interest on such amount, for each day from the date such amount is made available to such the Borrower until the date such amount is repaid to the applicable Administrative Agent, at (i) in the case of such the Borrower, the interest rate applicable on such day to Advances comprising such Borrowing Eurodollar Loans and (ii) in the case of such Lender, the lesser greater of (A) the Overnight Federal Funds Effective Rate for such day and (B) a rate determined by the Maximum RateAdministrative Agent in accordance with banking industry rules on interbank compensation. If Subject to Section 2.16, if such Lender shall repay to the applicable Administrative Agent such corresponding amount and interest as provided above, such corresponding amount so repaid shall constitute such Lender’s Advance Loan as part of such Borrowing Loan for purposes of this Agreement even though not made on the same day as the other Advances comprising Loans. If such BorrowingXxxxxx’s Loan as part of such Loan is not made available by such Lender within three Business Days of the Borrowing Date, the Borrower shall repay such Lender’s share of such Loan (together with interest thereon at the interest rate applicable during such period to Eurodollar Loans) to the Administrative Agent not later than three Business Days after receipt of written notice from the Administrative Agent specifying such Xxxxxx’s Pro Rata Share of such Loan that was not made available to the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement

Administrative Agent Reliance. Unless the applicable Administrative Agent shall have received notice from a Lender before the date of any US Borrowing or Canadian Borrowing Date that such Lender will not make available to the applicable Administrative Agent such Lender’s Applicable Pro Rata Share of any the Borrowing, the applicable Administrative Agent may assume that such Lender has made its Applicable Pro Rata Share of such Borrowing available to the applicable Administrative Agent on the date of such Borrowing Date in accordance with paragraph (a) of this Section 2.4(a) (or, in the case of a Borrowing of B/A Advances, that such Lender has made such share available in accordance with and at the time required by Section 2.18), 2.02 and the applicable Administrative Agent may, in reliance upon such 38 assumption, make available to the applicable Borrower on such date the Borrowing Date a corresponding amount. If and to the extent that such Lender shall not have so made its Applicable Pro Rata Share of such Borrowing available to the applicable Administrative Agent, such Lender and the applicable Borrower severally agree to immediately repay to the applicable Administrative Agent on demand such corresponding amount, together with interest on such amount, for each day from the date such amount is made available to such the Borrower until the date such amount is repaid to the applicable Administrative Agent, at (i) in the case of such the Borrower, the interest rate applicable on such day to Base Rate Advances comprising such Borrowing and (ii) in the case of such Lender, a rate reasonably determined by the lesser of (A) the Overnight Rate for such day and (B) the Maximum RateAdministrative Agent in accordance with banking industry rules on interbank compensation. If such Lender shall not have been earlier terminated by the Borrower pursuant to Section 2.15, such Lender shall repay to the applicable Administrative Agent such corresponding amount and interest as provided above, such corresponding amount so repaid shall constitute such Lender’s Revolving Advance as part of such Borrowing for purposes of this Agreement even though not made on the same day as the other Revolving Advances comprising such Borrowing. If such Lender’s Revolving Advance as part of such Borrowing is not made available by such Lender within three Business Days of the Borrowing Date, the Borrower shall repay such Lender’s Pro Rata Share of such Borrowing (together with interest thereon at the interest rate applicable during such period to Base Rate Advances) to the Administrative Agent not later than three Business Days after receipt of written notice from the Administrative Agent specifying such Lender’s share of such Borrowing that was not made available to the Administrative Agent.

Appears in 1 contract

Samples: Pledge Agreement (Seahawk Drilling, Inc.)

Administrative Agent Reliance. Unless the applicable Administrative Agent shall have received notice from a Revolving Credit Lender before the date of any US Borrowing or Canadian Borrowing Date that such Revolving Credit Lender will not make available to the applicable Administrative Agent such Revolving Credit Lender’s Applicable Pro Rata Share of any Borrowingthe Advance, the applicable Administrative Agent may assume that such Revolving Credit Lender has made its Applicable Pro Rata Share of such Borrowing Advance available to the applicable Administrative Agent on the date of such Borrowing Date in accordance with paragraph (a) of this Section 2.4(a) (or, in the case of a Borrowing of B/A Advances, that such Lender has made such share available in accordance with and at the time required by Section 2.18), 2.02 and the applicable Administrative Agent may, in reliance upon such assumption, make available to the applicable Borrower on such date the Borrowing Date a corresponding amount. If and to the extent that such Revolving Credit Lender shall not have so made its Applicable Pro Rata Share of such Borrowing Advance available to the applicable Administrative Agent, such Revolving Credit Lender and the applicable Borrower severally agree to immediately repay to the applicable Administrative Agent on demand such corresponding amount, together with interest on such amount, for each day from the date such amount is made available to such Borrower until the date such amount is repaid to the applicable Administrative Agent, at (i) in the case of such a Borrower, the interest rate applicable on such day to Eurodollar Advances comprising such Borrowing and (ii) in the case of such Revolving Credit Lender, the lesser greater of (A) the Overnight Federal Funds Effective Rate for and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation. Subject to Section 2.16, if such day and (B) the Maximum Rate. If such Revolving Credit Lender shall repay to the applicable Administrative Agent such corresponding amount and interest as provided above, such corresponding amount so repaid shall constitute such Revolving Credit Lender’s Advance as part of such Borrowing Advance for purposes of this Agreement even though not made on the same day as the other Advances comprising Advances. If such BorrowingRevolving Credit Lender’s Advance as part of such Advance is not made available by such Revolving Credit Lender within three Business Days of the Borrowing Date, the applicable Borrower shall repay such Revolving Credit Lender’s share of such Advance (together with interest thereon at the interest rate applicable during such period to Eurodollar Advances) to the Administrative Agent not later than three Business Days after receipt of written notice from the Administrative Agent specifying such Revolving Credit Lender’s Pro Rata Share of such Advance that was not made available to the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Vantage Drilling CO)

Administrative Agent Reliance. Unless the applicable Administrative Agent shall have received notice from a Lender before the date of any US Borrowing or Canadian Borrowing Date that such Lender will not make available to the applicable Administrative Agent such Lender’s Applicable Pro Rata Term Share or Pro Rata Incremental Term Share, as applicable, of any the Borrowing, the applicable Administrative Agent may assume that such Lender has made its Applicable Pro Rata Term Share or Pro Rata Incremental Term Share, as applicable, of such Borrowing available to the applicable Administrative Agent on the date of such Borrowing Date in accordance with paragraph (a) of this Section 2.4(a) (or, in the case of a Borrowing of B/A Advances, that such Lender has made such share available in accordance with and at the time required by Section 2.18), 2.2 and the applicable Administrative Agent may, in reliance upon such assumption, make available to the applicable Borrower on such date the Borrowing Date a corresponding amount. If and to the extent that such Lender shall not have so made its Applicable Pro Rata Share share of such Borrowing available to the applicable Administrative Agent, such Lender and the applicable Borrower severally agree agrees to immediately repay pay to the applicable Administrative Agent on demand such corresponding amount, together with interest on such amount, for each day from the date such amount is made available to such the Borrower until the date such amount is repaid to the applicable Administrative Agent, at (i) the greater of the Federal Funds Effective *Information marked with an asterisk herein has been omitted and filed separately with the Commission pursuant to a request for confidential treatment. Rate and a rate determined by the Administrative Agent in the case of such Borrower, the interest rate applicable accordance with banking industry rules on such day to Advances comprising such Borrowing and (ii) in the case of such Lender, the lesser of (A) the Overnight Rate for such day and (B) the Maximum Rateinterbank compensation. If such Lender shall repay pay to the applicable Administrative Agent such corresponding amount and interest as provided above, such corresponding amount so repaid shall constitute such Lender’s Advance as part of such Borrowing for purposes of this Agreement even though not made on the same day as the other Advances comprising such Borrowing. If such Lender’s Advance as part of such Borrowing is not made available by such Lender within [__________]* of the Borrowing Date, the Borrower shall repay such defaulting Lender’s share of such Borrowing (together with interest thereon, for each day from the date such amount is made available to the Borrower until the date such amount is repaid to the Administrative Agent, at the interest rate applicable during such period to Adjusted Base Rate Advances) to the Administrative Agent not later than [__________]* after receipt of written notice from the Administrative Agent specifying such Lender’s share of such Borrowing that was not made available to the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Cig Wireless Corp.)

Administrative Agent Reliance. Unless the applicable Administrative Agent shall have received notice from a Lender with a B Term Loan Commitment or C Term Loan Commitment before the date of any US Borrowing or Canadian the relevant Borrowing that such Lender will not make available to the applicable Administrative Agent such Lender’s Applicable Pro Rata Share of any such Borrowing, the applicable Administrative Agent may assume that such Lender has made its Applicable Pro Rata Share of such Borrowing available to the applicable Administrative Agent on the date of such Borrowing in accordance with paragraph (a) of this Section 2.4(a) (or, in the case of a Borrowing of B/A Advances, that such Lender has made such share available in accordance with and at the time required by Section 2.18), 2.02 and the applicable Administrative Agent mayAgent, in reliance upon such assumption, may, but shall not be required to, make available to the applicable Borrower on such date a corresponding amount. If and to the extent that such Lender shall not have so made its Applicable Pro Rata Share of the relevant Borrowing available to the Administrative Agent and the Administrative Agent shall have, in its discretion, made all or part of such Lender’s Pro Rata Share of such Borrowing available to the applicable Administrative AgentBorrower, such Lender and the applicable Borrower severally agree to immediately repay to the applicable Administrative Agent on demand such corresponding amount, together with interest on such amount, for each day from the date such amount is made available to such the Borrower until the date such amount is repaid to the applicable Administrative Agent, at (i) in the case of such the Borrower, the interest rate applicable on such day to Advances the B Term Loans or C Term Loans, as applicable, comprising such the relevant Borrowing and (ii) in the case of such Lender, the lesser of (A) the Overnight Federal Funds Rate for such day and (B) the Maximum Rateday. If such Lender shall repay to the applicable Administrative Agent such corresponding amount and interest as provided above, such corresponding amount (less accrued and paid interest) so repaid shall constitute such Lender’s Advance B Term Loan or C Term Loan, as applicable, as part of such the relevant Borrowing for purposes of this Agreement even though not made on the same day as the other Advances B Term Loans or C Term Loans, as applicable, comprising such Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Corpbanca/Fi)

Administrative Agent Reliance. Unless the applicable Administrative Agent shall have received notice from a Lender before the date of any US Borrowing or Canadian Borrowing that such Lender will shall not make available to the applicable Administrative Agent such Lender’s Applicable 's Pro Rata Share of any a Borrowing, the applicable Administrative Agent may assume that such Lender has made its Applicable Pro Rata Share of such Borrowing available to the applicable Administrative Agent on the date of such Borrowing in accordance with paragraph (a) of this Section 2.4(a) (or, in the case of a Borrowing of B/A Advances, that such Lender has made such share available in accordance with and at the time required by Section 2.18), 2.03 and the applicable Administrative Agent may, in reliance upon such assumption, make available to the applicable Borrower on such date a corresponding amount. If and to the extent that such any Lender shall not have so made its Applicable Pro Rata Share of such Borrowing available to the applicable Administrative Agent, such Lender and the applicable Borrower severally agree to immediately repay to the applicable Administrative Agent on demand such corresponding amount, together with interest on such amount, for each day from the date such amount is made available to such the Borrower until the date such amount is repaid to the applicable Administrative Agent, at (i) in the case of such the Borrower, the interest rate applicable on such day to Advances comprising such Borrowing and (ii) in the case of such Lender, the lesser of (A) the Overnight Federal Funds Rate for such day and (B) the Maximum Rateday. If such Lender shall repay to the applicable Administrative Agent such corresponding amount and interest as provided above, such corresponding amount so repaid shall constitute such Lender’s 's Advance as part of such Borrowing for purposes of this Agreement even though not made on the same day as the other Advances comprising such Borrowing.. (f) Lender Obligations Several. The failure of any Lender to make the Advance to be made by it as part of any Borrowing shall not relieve any other Lender of its obligation, if any, to make its Advance on the date of such Borrowing. No Lender shall be responsible for the failure of any other Lender to make the Advance to be made by such other Lender on the date of any Borrowing. Section 2.04

Appears in 1 contract

Samples: Credit Agreement (ReoStar Energy CORP)

Administrative Agent Reliance. Unless the applicable Administrative Agent shall have received notice from a Lender before the date of any US Revolving Borrowing or Canadian Term Borrowing that such Lender will not make available to the applicable Administrative Agent such Lender’s Applicable Pro Rata Share of any Borrowing, the applicable Administrative Agent may assume that such Lender has made its Applicable Pro Rata Share of such Borrowing available to the applicable Administrative Agent on the date of such Borrowing in accordance with Section 2.4(a) (or, in the case of a Borrowing of B/A Advances, that such Lender has made such share available in accordance with and at the time required by Section 2.18), and the applicable Administrative Agent may, in reliance upon such assumption, make available to the applicable Borrower on such date a corresponding amount. If and to the extent that such Lender shall not have so made its Applicable Pro Rata Share of such Borrowing available to the applicable Administrative Agent, such Lender and the applicable Borrower severally agree to immediately repay to the applicable Administrative Agent on demand such corresponding amount, together with interest on such amount, for each day from the date such amount is made available to such the Borrower until the date such amount is repaid to the applicable Administrative Agent, at (i) in the case of such the Borrower, the interest rate applicable on such day to Advances comprising such Borrowing and (ii) in the case of such Lender, the lesser of (A) the Overnight Rate for such day and (B) the Maximum Rate. If such Lender shall repay to the applicable Administrative Agent such corresponding amount and interest as provided above, such corresponding amount so repaid shall constitute such Lender’s Advance as part of such Borrowing for purposes of this Agreement even though not made on the same day as the other Advances comprising such Borrowing.

Appears in 1 contract

Samples: Credit Agreement (NCS Multistage Holdings, Inc.)

Administrative Agent Reliance. Unless the applicable Administrative Agent shall have received notice from a Lender before the date of any US Borrowing or Canadian Borrowing Date that such Lender will not make available to the applicable Administrative Agent such Lender’s Applicable 's Pro Rata Share of any Borrowing, the applicable Administrative Agent may assume that such Lender has made its Applicable Pro Rata Share of such Borrowing available to the applicable Administrative Agent on the date of such Borrowing Date in accordance with paragraph (a) of this Section 2.4(a) (or, in the case of a Borrowing of B/A Advances, that such Lender has made such share available in accordance with and at the time required by Section 2.18), 2.02 and the applicable Administrative Agent may, in reliance upon such assumption, make available to the applicable Borrower on such date Borrowing Date a corresponding amount. If and to the extent that such Lender shall not have so made its Applicable Pro Rata Share of such Borrowing available to the applicable Administrative Agent, such Lender and the applicable Borrower severally agree to immediately repay shall pay to the applicable Administrative Agent on demand such corresponding amount, together with interest on such amount, for each day from the date such amount is made available to such Borrower until the date such amount is repaid to the applicable Administrative Agent, on demand, such amount with interest thereon at (i) in a rate per annum equal to the case of such Borrower, the interest rate applicable on such day to Advances comprising such Borrowing and (ii) in the case of such Lender, the lesser of (A) the Overnight daily average Federal Funds Effective Rate for the period until such day and (B) Lender makes such amount immediately available to the Maximum RateAdministrative Agent. If such Lender shall repay to the applicable Administrative Agent such corresponding amount and interest as provided above, such corresponding amount so repaid shall constitute such Lender’s 's Advance as part of such Borrowing for purposes of this Agreement even though not made on the same day as the other Advances comprising such Borrowing. If such Lender's Advance as part of such Borrowing is not made available by such Lender within three Business Days of the Borrowing Date, the applicable Borrower shall repay such Lender's share of such Borrowing (together with interest thereon at the interest rate applicable during such period to Advances comprising such Borrowing) to the Administrative Agent not later than three Business Days after receipt of written notice from the Administrative Agent specifying such Lender's share of such Borrowing that was not made available to the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Global Industries LTD)

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