Common use of Administrative Agent’s Right to Assume Payments Will be Made Clause in Contracts

Administrative Agent’s Right to Assume Payments Will be Made. Unless the Borrower or any Bank has notified the Administrative Agent, prior to the date any payment is required to be made by it to the Administrative Agent hereunder, that the Borrower or such Bank, as the case may be, will not make such payment, the Administrative Agent may assume that the Borrower or such Bank, as the case may be, has timely made such payment and may (but shall not be so required to), in reliance thereon, make available a corresponding amount to the Person entitled thereto. If and to the extent that such payment was not in fact made to the Administrative Agent in immediately available funds, then: (a) if the Borrower failed to make such payment, each Bank shall forthwith on demand repay to the Administrative Agent the portion of such assumed payment that was made available to such Bank in immediately available funds, together with interest thereon in respect of each day from and including the date such amount was made available by the Administrative Agent to such Bank to the date such amount is repaid to the Administrative Agent in immediately available funds at the Federal Funds Rate from time to time in effect; and (b) if any Bank failed to make such payment, such Bank shall forthwith on demand pay to the Administrative Agent the amount thereof in immediately available funds, together with interest thereon for the period from the date such amount was made available by the Administrative Agent to the Borrower to the date such amount is recovered by the Administrative Agent (the “Compensation Period”) at a rate per annum equal to the Federal Funds Rate from time to time in effect. If such Bank pays such amount to the Administrative Agent, then such amount shall constitute such Bank’s Advance included in the applicable Loan. If such Bank does not pay such amount forthwith upon the Administrative Agent’s demand therefor, the Administrative Agent may make a demand therefor upon the Borrower, and the Borrower shall pay such amount to the Administrative Agent, together with interest thereon for the Compensation Period at a rate per annum equal to the rate of interest applicable to the applicable Advance. Nothing herein shall be deemed to relieve any Bank from its obligation to fulfill its Pro Rata Share of the Commitment or to prejudice any rights which the Administrative Agent or the Borrower may have against any Bank as a result of any default by such Bank hereunder. A notice of the Administrative Agent to any Bank or the Borrower with respect to any amount owing under this Section 3.14 shall be conclusive, absent manifest error.

Administrative Agent’s Right to Assume Payments Will be Made. Unless the Borrower, any Co-Borrower or any Bank Lender has notified the Administrative Agent, prior to the date any payment is required to be made by it to the Administrative Agent hereunder, that the Borrower, such Co-Borrower or such BankLender, as the case may be, will not make such payment, the Administrative Agent may assume that the Borrower, such Co-Borrower or such BankLender, as the case may be, has timely made such payment and may (but shall not be so required to), in reliance thereon, make available a corresponding amount to the Person entitled thereto. If and to the extent that such payment was not in fact made to the Administrative Agent in immediately available funds, then: (a) if the Borrower or any Co-Borrower failed to make such payment, each Bank Lender shall forthwith on demand repay to the Administrative Agent the portion of such assumed payment that was made available to such Bank Lender in immediately available funds, together with interest thereon in respect of each day from and including the date such amount was made available by the Administrative Agent to such Bank Lender to the date such amount is repaid to the Administrative Agent in immediately available funds at the Federal Funds Rate from time to time in effect; and (b) if any Bank Lender failed to make such payment, such Bank Lender shall forthwith on demand pay to the Administrative Agent the amount thereof in immediately available funds, together with interest thereon for the period from the date such amount was made available by the Administrative Agent to the Borrower or any Co-Borrower to the date such amount is recovered by the Administrative Agent (the “"Compensation Period”") at a rate per annum equal to the Federal Funds Rate from time to time in effect. If such Bank Lender pays such amount to the Administrative Agent, then such amount shall constitute such Bank’s Lender's Advance included in the applicable Loan. If such Bank Lender does not pay such amount forthwith upon the Administrative Agent’s 's demand therefor, the Administrative Agent may make a demand therefor upon Borrower or the BorrowerCo-Borrowers, if applicable, and Borrower or the Borrower Co-Borrowers, if applicable, shall pay such amount to the Administrative Agent, together with interest thereon for the Compensation Period at a rate per annum equal to the rate of interest applicable to the applicable Advance. Nothing herein shall be deemed to relieve any Bank Lender from its obligation to fulfill its Pro Rata Share of the Commitment Commitments or to prejudice any rights which the Administrative Agent Agent, Borrower or the any Co-Borrower may have against any Bank Lender as a result of any default by such Bank Lender hereunder. A notice of the Administrative Agent to any Bank Lender, any Co-Borrower or the Borrower with respect to any amount owing under this Section 3.14 3.15 shall be conclusive, absent manifest error.

Administrative Agent’s Right to Assume Payments Will be Made. Unless the Borrower or any Bank Lender has notified the Administrative Agent, prior to the date any payment is required to be made by it to the Administrative Agent hereunder, that the Borrower or such BankLender, as the case may be, will not make such payment, the Administrative Agent may assume that the Borrower or such BankLender, as the case may be, has timely made such payment and may (but shall not be so required to), in reliance thereon, make available a corresponding amount to the Person entitled thereto. If and to the extent that such payment was not in fact made to the Administrative Agent in immediately available funds, then: (a) if the Borrower failed to make such payment, each Bank Lender shall forthwith on demand repay to the Administrative Agent the portion of such assumed payment that was made available to such Bank Lender in immediately available funds, together with interest thereon in respect of each day from and including the date such amount was made available by the Administrative Agent to such Bank Lender to the date such amount is repaid to the Administrative Agent in immediately available funds at the Federal Funds Rate from time to time in effect; and (b) if any Bank Lender failed to make such payment, such Bank Lender shall forthwith on demand pay to the Administrative Agent the amount thereof in immediately available funds, together with interest thereon for the period from the date such amount was made available by the Administrative Agent to the Borrower to the date such amount is recovered by the Administrative Agent (the “Compensation Period”) at a rate per annum equal to the Federal Funds Rate from time to time in effect. If such Bank pays such amount to the Administrative Agent, then such amount shall constitute such Bank’s Advance included in the applicable Loan. If such Bank Lender does not pay such amount forthwith upon the Administrative Agent’s demand therefor, the Administrative Agent may make a demand therefor upon the Borrower, if applicable, and the Borrower Borrower, if applicable, shall pay such amount to the Administrative Agent, together with interest thereon for the Compensation Period at a rate per annum equal to the rate of interest applicable to the applicable AdvanceObligation. Nothing herein shall be deemed to relieve any Bank from its obligation to fulfill its Pro Rata Share of the Commitment or to prejudice any rights which the Administrative Agent or the Borrower may have against any Bank Lender as a result of any default by such Bank Lender hereunder. A notice of the Administrative Agent to any Bank Lender or the Borrower with respect to any amount owing under this Section 3.14 3.16 shall be conclusive, absent manifest error.

Administrative Agent’s Right to Assume Payments Will be Made. Unless the Borrower, any Co-Borrower or any Bank Lender has notified the Administrative Agent, prior to the date any payment is required to be made by it to the Administrative Agent hereunder, that the Borrower, such Co- Borrower or such BankLender, as the case may be, will not make such payment, the Administrative Agent may assume that the Borrower, such Co-Borrower or such BankLender, as the case may be, has timely made such payment and may (but shall not be so required to), in reliance thereon, make available a corresponding amount to the Person entitled thereto. If and to the extent that such payment was not in fact made to the Administrative Agent in immediately available funds, then: (a) if the Borrower or any Co-Borrower failed to make such payment, each Bank Lender shall forthwith on demand repay to the Administrative Agent the portion of such assumed payment that was made available to such Bank Lender in immediately available funds, together with interest thereon in respect of each day from and including the date such amount was made available by the Administrative Agent to such Bank Lender to the date such amount is repaid to the Administrative Agent in immediately available funds at the Federal Funds Rate from time to time in effect; and (b) if any Bank Lender failed to make such payment, such Bank Lender shall forthwith on demand pay to the Administrative Agent the amount thereof in immediately available funds, together with interest thereon for the period from the date such amount was made available by the Administrative Agent to the Borrower or any Co-Borrower to the date such amount is recovered by the Administrative Agent (the “Compensation Period”) at a rate per annum equal to the Federal Funds Rate from time to time in effect. If such Bank Lender pays such amount to the Administrative Agent, then such amount shall constitute such BankLender’s Advance included in the applicable Loan. If such Bank Lender does not pay such amount forthwith upon the Administrative Agent’s demand therefor, the Administrative Agent may make a demand therefor upon Borrower or the BorrowerCo- Borrowers, if applicable, and Borrower or the Borrower Co-Borrowers, if applicable, shall pay such amount to the Administrative Agent, together with interest thereon for the Compensation Period at a rate per annum equal to the rate of interest applicable to the applicable Advance. Nothing herein shall be deemed to relieve any Bank Lender from its obligation to fulfill its Pro Rata Share of the Commitment Class A Funding Requirements or to prejudice any rights which the Administrative Agent Agent, Borrower or the any Co- Borrower may have against any Bank Lender as a result of any default by such Bank Lender hereunder. A notice of the Administrative Agent to any Bank Lender, any Co-Borrower or the Borrower with respect to any amount owing under this Section 3.14 shall be conclusive, absent manifest error.

Administrative Agent’s Right to Assume Payments Will be Made. Unless the Borrower, any Co-Borrower or any Bank Lender has notified the Administrative Agent, prior to the date any payment is required to be made by it to the Administrative Agent hereunder, that the Borrower, such Co- Borrower or such BankLender, as the case may be, will not make such payment, the Administrative Agent may assume that the Borrower, such Co-Borrower or such BankLender, as the case may be, has timely made such payment and may (but shall not be so required to), in reliance thereon, make available a corresponding amount to the Person entitled thereto. If and to the extent that such payment was not in fact made to the Administrative Agent in immediately available funds, then: (a) if the Borrower or any Co-Borrower failed to make such payment, each Bank Lender shall forthwith on demand repay to the Administrative Agent the portion of such assumed payment that was made available to such Bank Lender in immediately available funds, together with interest thereon in respect of each day from and including the date such amount was made available by the Administrative Agent to such Bank Lender to the date such amount is repaid to the Administrative Agent in immediately available funds at the Federal Funds Rate from time to time in effect; and (b) if any Bank Lender failed to make such payment, such Bank Lender shall forthwith on demand pay to the Administrative Agent the amount thereof in immediately available funds, together with interest thereon for the period from the date such amount was made available by the Administrative Agent to the Borrower or any Co-Borrower to the date such amount is recovered by the Administrative Agent (the “"Compensation Period”") at a rate per annum equal to the Federal Funds Rate from time to time in effect. If such Bank Lender pays such amount to the Administrative Agent, then such amount shall constitute such Bank’s Lender's Advance included in the applicable Loan. If such Bank Lender does not pay such amount forthwith upon the Administrative Agent’s 's demand therefor, the Administrative Agent may make a demand therefor upon Borrower or the BorrowerCo- Borrowers, if applicable, and Borrower or the Borrower Co-Borrowers, if applicable, shall pay such amount to the Administrative Agent, together with interest thereon for the Compensation Period at a rate per annum equal to the rate of interest applicable to the applicable Advance. Nothing herein shall be deemed to relieve any Bank Lender from its obligation to fulfill its Pro Rata Share of the Commitment Commitments or to prejudice any rights which the Administrative Agent Agent, Borrower or the any Co- Borrower may have against any Bank Lender as a result of any default by such Bank Lender hereunder. A notice of the Administrative Agent to any Bank Lender, any Co-Borrower or the Borrower with respect to any amount owing under this Section 3.14 3.15 shall be conclusive, absent manifest error.

Administrative Agent’s Right to Assume Payments Will be Made. Unless the Borrower or any Bank has notified the Administrative Agent, prior to the date any payment is required to be made by it to the Administrative Agent hereunder, that the Borrower or such Bank, as the case may be, will not make such payment, the Administrative Agent may assume that the Borrower or such Bank, as the case may be, has timely made such payment and may (but shall not be so required to), in reliance thereon, make available a corresponding amount to the Person entitled thereto. If and to the extent that such payment was not in fact made to the Administrative Agent in immediately available funds, then: (a) if the Borrower failed to make such payment, each Bank shall forthwith on demand repay to the Administrative Agent the portion of such assumed payment that was made available to such Bank in immediately available funds, together with interest thereon in respect of each day from and including the date such amount was made available by the Administrative Agent to such Bank to the date such amount is repaid to the Administrative Agent in immediately available funds at the Federal Funds Rate from time to time in effect; and (b) if any Bank failed to make such payment, such Bank shall forthwith on demand pay to the Administrative Agent the amount thereof in immediately available funds, together with interest thereon for the period from the date such amount was made available by the Administrative Agent to the Borrower to the date such amount is recovered by the Administrative Agent (the “Compensation Period”) at a rate per annum equal to the Federal Funds Rate from time to time in effect. If such Bank pays such amount to the Administrative Agent, then such amount shall constitute such Bank’s Advance included in the applicable Loan. If such Bank does not pay such amount forthwith upon the Administrative Agent’s demand therefor, the Administrative Agent may make a demand therefor upon the Borrower, and the Borrower shall pay such amount to the Administrative Agent, together with interest thereon for the Compensation Period at a rate per annum equal to the rate of interest applicable to the LA\4060806.14 applicable Advance. Nothing herein shall be deemed to relieve any Bank from its obligation to fulfill its Pro Rata Share of the Commitment or to prejudice any rights which the Administrative Agent or the Borrower may have against any Bank as a result of any default by such Bank hereunder. A notice of the Administrative Agent to any Bank or the Borrower with respect to any amount owing under this Section 3.14 shall be conclusive, absent manifest error.

Administrative Agent’s Right to Assume Payments Will be Made. Unless the Borrower, any Co-Borrower or any Bank Lender has notified the Administrative Agent, prior to the date any payment is required to be made by it to the Administrative Agent hereunder, that the Borrower, such Co- Borrower or such BankLender, as the case may be, will not make such payment, the Administrative Agent may assume that the Borrower, such Co-Borrower or such BankLender, as the case may be, has timely made such payment and may (but shall not be so required to), in reliance thereon, make available a corresponding amount to the Person entitled thereto. If and to the extent that such payment was not in fact made to the Administrative Agent in immediately available funds, then: (a) if the Borrower or any Co-Borrower failed to make such payment, each Bank Lender shall forthwith on demand repay to the Administrative Agent the portion of such assumed payment that was made available to such Bank Lender in immediately available funds, together with interest thereon in respect of each day from and including the date such amount was made available by the Administrative Agent to such Bank Lender to the date such amount is repaid to the Administrative Agent in immediately available funds at the Federal Funds Rate from time to time in effect; and (b) if any Bank Lender failed to make such payment, such Bank Lender shall forthwith on demand pay to the Administrative Agent the amount thereof in immediately available funds, together with interest thereon for the period from the date such amount was made available by the Administrative Agent to the Borrower or any Co-Borrower to the date such amount is recovered by the Administrative Agent (the “Compensation Period”) at a rate per annum equal to the Federal Funds Rate from time to time in effect. If such Bank Lender pays such amount to the Administrative Agent, then such amount shall constitute such BankLender’s Advance included in the applicable Loan. If such Bank Lender does not pay such amount forthwith upon the Administrative Agent’s demand therefor, the Administrative Agent may make a demand therefor upon Borrower or the BorrowerCo- Borrowers, if applicable, and Borrower or the Borrower Co-Borrowers, if applicable, shall pay such amount to the Administrative Agent, together with interest thereon for the Compensation Period at a rate per annum equal to the rate of interest applicable to the applicable Advance. Nothing herein shall be deemed to relieve any Bank Lender from its obligation to fulfill its Pro Rata Share of the Commitment Commitments or to prejudice any rights which the Administrative Agent Agent, Borrower or the any Co- Borrower may have against any Bank Lender as a result of any default by such Bank Lender hereunder. A notice of the Administrative Agent to any Bank Lender, any Co-Borrower or the Borrower with respect to any amount owing under this Section 3.14 shall be conclusive, absent manifest error.

Administrative Agent’s Right to Assume Payments Will be Made. Unless the Borrower or any Bank Lender has notified the Administrative Agent, prior to the date any payment is required to be made by it to the Administrative Agent hereunder, that the Borrower or such BankLender, as the case may be, will not make such payment, the Administrative Agent may assume that the Borrower or such BankLender, as the case may be, has timely made such payment and may (but shall not be so required to), in reliance thereon, make available a corresponding amount to the Person entitled thereto. If and to the extent that such payment was not in fact made to the Administrative Agent in immediately available funds, then: (a) if the Borrower failed to make such payment, each Bank Lender shall forthwith on demand repay to the Administrative Agent the portion of such assumed payment that was made available to such Bank Lender in immediately available funds, together with interest thereon in respect of each day from and including the date such amount was made available by the Administrative Agent to such Bank Lender to the date such amount is repaid to the Administrative Agent in immediately available funds at the Federal Funds Rate from time to time in effect; and (b) if any Bank Lender failed to make such payment, such Bank Lender shall forthwith on demand pay to the Administrative Agent the amount thereof in immediately available funds, together with interest thereon for the period from the date such amount was made available by the Administrative Agent to the Borrower to the date such amount is recovered by the Administrative Agent (the “Compensation Period”) at a rate per annum equal to the Federal Funds Rate from time to time in effect. If such Bank Lender pays such amount to the Administrative Agent, then such amount shall constitute such BankLender’s Advance included in the applicable Loan. If such Bank Lender does not pay such amount forthwith upon the Administrative Agent’s demand therefor, the Administrative Agent may make a demand therefor upon the Borrower, if applicable, and the Borrower Borrower, if applicable, shall pay such amount to the Administrative Agent, together with interest thereon for the Compensation Period at a rate per annum equal to the rate of interest applicable to the applicable Advance. Nothing herein shall be deemed to relieve any Bank Lender from its obligation to fulfill its Pro Rata Share of the Commitment Commitments or to prejudice any rights which the Administrative Agent or Agent, the Borrower may have against any Bank Lender as a result of any default by such Bank Lender hereunder. A notice of the Administrative Agent to any Bank Lender or the Borrower with respect to any amount owing under this Section 3.14 3.15 shall be conclusive, absent manifest error.

Administrative Agent’s Right to Assume Payments Will be Made. Unless the Borrower or any Bank has notified the Administrative Agent, prior to the date any payment is required to be made by it to the Administrative Agent hereunder, that the Borrower or such Bank, as the case may be, will not make such payment, the Administrative Agent may assume that the Borrower or such Bank, as the case may be, has timely made such payment and may (but shall not be so required to), in reliance thereon, make available a corresponding amount to the Person entitled thereto. If and to the extent that such payment was not in fact made to the Administrative Agent in immediately available funds, then: (a) if the Borrower failed to make such payment, each Bank shall forthwith on demand repay to the Administrative Agent the portion of such assumed payment that was made available to such Bank in immediately available funds, together with interest thereon in respect of each day from and including the date such amount was made available by the Administrative Agent to such Bank to the date such amount is repaid to the Administrative Agent in immediately available funds at the Federal Funds Rate from time to time in effect; and (b) if any Bank failed to make such payment, such Bank shall forthwith on demand pay to the Administrative Agent the amount thereof in immediately available funds, together with interest thereon for the period from the date such amount was made available by the Administrative Agent to the Borrower to the date such amount is recovered by the Administrative Agent (the “"Compensation Period”") at a rate per annum equal to the Federal Funds Rate from time to time in effect. If such Bank pays such amount to the Administrative Agent, then such amount shall constitute such Bank’s 's Advance included in the applicable Loan. If such Bank does not pay such amount forthwith upon the Administrative Agent’s 's demand therefor, the Administrative Agent may make a demand therefor upon the Borrower, and the Borrower shall pay such amount to the Administrative Agent, together with interest thereon for the Compensation Period at a rate per annum equal to the rate of interest applicable to the applicable Advance. Nothing herein shall be deemed to relieve any Bank from its obligation to fulfill its Pro Rata Share of the Commitment or to prejudice any rights which the Administrative Agent or the Borrower may have against any Bank as a result of any default by such Bank hereunder. A notice of the Administrative Agent to any Bank or the Borrower with respect to any amount owing under this Section 3.14 shall be conclusive, absent manifest error.

Administrative Agent’s Right to Assume Payments Will be Made. Unless the Borrower or any Bank Lender has notified the Administrative Agent, prior to the date any payment is required to be made by it to the Administrative Agent hereunder, that the Borrower or such BankLender, as the case may be, will not make such payment, the Administrative Agent may assume that the Borrower or such BankLender, as the case may be, has timely made such payment and may (but shall not be so required to), in reliance thereon, make available a corresponding amount to the Person entitled thereto. If and to the extent that such payment was not in fact made to the Administrative Agent in immediately available funds, then: (a) if the Borrower failed to make such payment, each Bank Lender shall forthwith on demand repay to the Administrative Agent the portion of such assumed payment that was made available to such Bank Lender in immediately available funds, together with interest thereon in respect of each day from and including the date such amount was made available by the Administrative Agent to such Bank Lender to the date such amount is repaid to the Administrative Agent in immediately available funds at the Federal Funds Rate from time to time in effect; and (b) if any Bank Lender failed to make such payment, such Bank Lender shall forthwith on demand pay to the Administrative Agent the amount thereof in immediately available funds, together with interest thereon for the period from the date such amount was made available by the Administrative Agent to the Borrower to the date such amount is recovered by the Administrative Agent (the “"Compensation Period”") at a rate per annum equal to the Federal Funds Rate from time to time in effect. If such Bank Lender pays such amount to the Administrative Agent, then such amount shall constitute such Bank’s Lender's Advance included in the applicable Loan. If such Bank Lender does not pay such amount forthwith upon the Administrative Agent’s 's demand therefor, the Administrative Agent may make a demand therefor upon the Borrower, if applicable, and the Borrower Borrower, if applicable, shall pay such amount to the Administrative Agent, together with interest thereon for the Compensation Period at a rate per annum equal to the rate of interest applicable to the applicable Advance. Nothing herein shall be deemed to relieve any Bank Lender from its obligation to fulfill its Pro Rata Share of the Commitment Commitments or to prejudice any rights which the Administrative Agent or Agent, the Borrower may have against any Bank Lender as a result of any default by such Bank Lender hereunder. A notice of the Administrative Agent to any Bank Lender or the Borrower with respect to any amount owing under this Section 3.14 3.15 shall be conclusive, absent manifest error.

Administrative Agent’s Right to Assume Payments Will be Made. Unless the Borrower or any Bank Lender has notified the Administrative Agent, prior to the date any payment is required to be made by it to the Administrative Agent hereunder, that the Borrower or such BankLender, as the case may be, will not make such payment, the Administrative Agent may assume that the Borrower or such BankLender, as the case may be, has timely made such payment and may (but shall not be so required to), in reliance thereon, make available a corresponding amount to the Person entitled thereto. If and to the extent that such payment was not in fact made to the Administrative Agent in immediately available funds, then: (a) if the Borrower failed to make such payment, each Bank Lender shall forthwith on demand repay to the Administrative Agent the portion of such assumed payment that was made available to such Bank Lender in immediately available funds, together with interest thereon in respect of each day from and including the date such amount was made available by the Administrative Agent to such Bank Lender to the date such amount is repaid to the Administrative Agent in immediately available funds at the Federal Funds Rate from time to time in effect; and (b) if any Bank Lender failed to make such payment, such Bank Lender shall forthwith on demand pay to the Administrative Agent the amount thereof in immediately available funds, together with interest thereon for the period from the date such amount was made available by the Administrative Agent to the Borrower to the date such amount is recovered by the Administrative Agent (the “"Compensation Period”") at a rate per annum equal to the Federal Funds Rate from time to time in effect. If such Bank Lender pays such amount to the Administrative Agent, then such amount shall constitute such Bank’s Lender's Advance included in the applicable Loan. If such Bank Lender does not pay such amount forthwith upon the Administrative Agent’s 's demand therefor, the Administrative Agent may make a demand therefor upon the Borrower, if applicable, and the Borrower Borrower, if applicable, shall pay such amount to the Administrative Agent, together with interest thereon for the Compensation Period at a rate per annum equal to the rate of interest applicable to the applicable Advance. Nothing herein shall be deemed to relieve any Bank Lender from its obligation to fulfill its Pro Rata Share of the Commitment Commitments or to prejudice any rights which the Administrative Agent or the Borrower may have against any Bank Lender as a result of any default by such Bank Lender hereunder. A notice of the Administrative Agent to any Bank Lender or the Borrower with respect to any amount owing under this Section 3.14 3.16 shall be conclusive, absent manifest error.