Common use of Advances by Administrative Agent Clause in Contracts

Advances by Administrative Agent. The Administrative Agent may, unless notified to the contrary by any Bank prior to a Drawdown Date, assume that such Bank has made available to the Administrative Agent on such Drawdown Date the amount of such Bank's Revolving Credit Commitment Percentage of the Revolving Credit Loans to be made on such Drawdown Date, and the Administrative Agent may (but it shall not be required to), in reliance upon such assumption, make available to the Borrower a corresponding amount. If any Bank makes available to the Administrative Agent such amount on a date after such Drawdown Date, such Bank shall pay to the Administrative Agent on demand an amount equal to the product of (i) the average computed for the period referred to in clause (iii) below, of the weighted average interest rate paid by the Administrative Agent for federal funds acquired by the Administrative Agent during each day included in such period, times (ii) the amount of such Bank's Revolving Credit Commitment Percentage of such Revolving Credit Loans, times (iii) a fraction, the numerator of which is the number of days that elapse from and including such Drawdown Date to the date on which the amount of such Bank's Revolving Credit Commitment Percentage of such Revolving Credit Loans shall become immediately available to the Administrative Agent, and the denominator of which is 365. A statement of the Administrative Agent submitted to such Bank with respect to any amounts owing under this paragraph shall be prima facie evidence of the amount due and owing to the Administrative Agent by such Bank. If the amount of such Bank's Revolving Credit Commitment Percentage of such Revolving Credit Loans is not made available to the Administrative Agent by such Bank within three (3) Business Days following such Drawdown Date, the Administrative Agent shall be entitled to recover such amount from the Borrower on demand, with interest thereon at the rate per annum applicable to the Revolving Credit Loans made on such Drawdown Date.

Advances by Administrative Agent. The Administrative Agent may, unless notified to the contrary by any Bank Lender prior to a Drawdown Date, assume that such Bank Lender has made available to the Administrative Agent on such Drawdown Date the amount of such Bank's Revolving Credit Lender’s Commitment Percentage of the Revolving Credit Loans to be made on such Drawdown Date, and the Administrative Agent may (but it shall not be required to), in reliance upon such assumption, make available to the Borrower Borrowers a corresponding amount. If any Bank Lender makes available to the Administrative Agent such amount on a date after such Drawdown Date, such Bank Lender shall pay to the Administrative Agent on demand an amount equal to the product of (i) the average computed for the period referred to in clause (iii) below, of the weighted average interest rate paid by the Administrative Agent for federal funds acquired by the Administrative Agent during each day included in such period, times (ii) the amount of such Bank's Revolving Credit Commitment Percentage of such Revolving Credit Loans, times (iii) a fraction, the numerator of which is the number of days that elapse from and including such Drawdown Date to the date on which the amount of such Bank's Revolving Credit Commitment Percentage of such Revolving Credit Loans shall become immediately available to the Administrative Agent, and the denominator of which is 365Lender Payment Amount. A statement of the Administrative Agent submitted to such Bank Lender with respect to any amounts Lender Payment Amount owing under this paragraph shall be prima facie evidence of the amount due and owing to the Administrative Agent by such BankLender. If the amount of such Bank's Revolving Credit Lender’s Commitment Percentage of such Revolving Credit Loans is not made available to the Administrative Agent by such Bank Lender within three (3) Business Days following such Drawdown Date, the Administrative Agent shall be entitled to recover such amount from the Borrower Borrowers on demand, with interest thereon at the rate per annum applicable to the Revolving Credit Loans made on such Drawdown Date.

Advances by Administrative Agent. The Administrative Agent may, unless notified to the contrary by any Bank on or prior to a Drawdown Date, assume that such Bank has made available to the Administrative Agent on such Drawdown Date the amount of such Bank's Revolving Credit Commitment Percentage of the Revolving Credit Loans to be made on such Drawdown Date, and the Administrative Agent may (but it shall not be required to), in reliance upon such assumption, make available to the Borrower a corresponding amount. If any Bank makes available to the Administrative Agent such amount on a date after such Drawdown Date, such Bank shall pay to the Administrative Agent on demand an amount equal to the product of (i) the average computed for the period referred to in clause (iii) below, of the weighted average interest rate paid by the Administrative Agent for federal funds acquired by the Administrative Agent during each day included in such period, times (ii) the amount of such Bank's Revolving Credit Commitment Percentage of such Revolving Credit Loans, times (iii) a fraction, the numerator of which is the number of days that elapse from and including such Drawdown Date to the date on which the amount of such Bank's Revolving Credit Commitment Percentage of such Revolving Credit Loans shall become immediately available to the Administrative Agent, and the denominator of which is 365. A statement of the Administrative Agent submitted to such Bank with respect to any amounts owing under this paragraph shall be prima facie evidence of the amount due and owing to the Administrative Agent by such Bank. If the amount of such Bank's Revolving Credit Commitment Percentage of such Revolving Credit Loans is not made available to the Administrative Agent by such Bank within three (3) Business Days following such Drawdown Date, the Administrative Agent shall be entitled to recover such amount from the Borrower on demand, with interest thereon at the rate per annum applicable to the Revolving Credit Loans made on such Drawdown Date.

Advances by Administrative Agent. The Administrative Agent may, unless notified to the contrary by any Bank Lender prior to a Drawdown Date, assume that such Bank Lender has made available to the Administrative Agent on such Drawdown Date the amount of such Bank's Revolving Credit Lender’s Commitment Percentage of the Revolving Credit Loans to be made on such Drawdown Date, and the Administrative Agent may (but it shall not be required to), in reliance upon such assumption, make available to the Borrower a corresponding amount. If any Bank Lender makes available to the Administrative Agent such amount on a date after such Drawdown Date, such Bank Lender shall pay to the Administrative Agent on demand an amount equal to such amount plus interest thereon at the product of (i) the average computed for the period referred to Defaulting Lender Rate until paid in clause (iii) below, of the weighted average interest rate paid by the Administrative Agent for federal funds acquired by the Administrative Agent during each day included in such period, times (ii) the amount of such Bank's Revolving Credit Commitment Percentage of such Revolving Credit Loans, times (iii) a fraction, the numerator of which is the number of days that elapse from and including such Drawdown Date to the date on which the amount of such Bank's Revolving Credit Commitment Percentage of such Revolving Credit Loans shall become immediately available to the Administrative Agent, and the denominator of which is 365full. A statement of the Administrative Agent submitted to such Bank Lender with respect to any amounts owing under this paragraph shall be prima facie evidence of the amount due and owing to the Administrative Agent by such BankLender. If the amount of such Bank's Revolving Credit Lender’s Commitment Percentage of such Revolving Credit Loans is not made available to the Administrative Agent by such Bank Lender within three (3) Business Days following such Drawdown Date, the Administrative Agent shall be entitled to recover such amount from the Borrower on demand, with interest thereon at the rate per annum applicable to the Revolving Credit Loans made on such Drawdown Date.

Advances by Administrative Agent. The Administrative Agent may, unless notified to the contrary by any Bank Lender prior to a Drawdown Settlement Date, assume that such Bank Lender has made or will make available to the Administrative Agent on such Drawdown Settlement Date the amount of such BankLender's Revolving Credit Commitment Percentage of the Revolving Credit Loans to be made on such Drawdown DateSettlement Amount, and the Administrative Agent may (but it shall not be required to), in reliance upon such assumption, make available to the applicable Borrower a corresponding amount. If 37 -29- any Bank Lender makes available to the Administrative Agent such amount on a date after such Drawdown Settlement Date, such Bank Lender shall pay to the Administrative Agent on demand an amount equal to the product of (i) the average computed for the period referred to in clause (iii) below, of the weighted average interest rate paid by the Administrative Agent for federal funds acquired by the Administrative Agent during each day included in such period, times TIMES (ii) the amount of such Bank's Revolving Credit Commitment Percentage of such Revolving Credit LoansSettlement Amount, times TIMES (iii) a fraction, the numerator of which is the number of days that elapse from and including such Drawdown Settlement Date to the date on which the amount of such Bank's Revolving Credit Commitment Percentage of such Revolving Credit Loans Settlement Amount shall become immediately available to the Administrative Agent, and the denominator of which is 365360. A statement of the Administrative Agent submitted to such Bank Lender with respect to any amounts owing under this paragraph shall be prima facie PRIMA FACIE evidence of the amount due and owing to the Administrative Agent by such BankLender. If the amount of such BankLender's Revolving Credit Commitment Percentage of such Revolving Credit Loans Settlement Amount is not made available to the Administrative Agent by such Bank Lender within three (3) Business Days following such Drawdown Settlement Date, the Administrative Agent shall be entitled to recover such amount from the applicable Borrower on demand, with interest thereon at the rate per annum applicable to the Revolving Credit Loans made on as of such Drawdown Settlement Date.

Advances by Administrative Agent. The Unless Administrative Agent may, unless shall have been notified by any Lender prior to the contrary specified date of borrowing that such Lender does not intend to make available to Administrative Agent the Loan to be made by any Bank prior to a Drawdown Datesuch Lender on such date, Administrative Agent may assume that such Bank has made Lender will make the proceeds of such Loan available to the Administrative Agent on such Drawdown Date the amount of such Bank's Revolving Credit Commitment Percentage date of the Revolving Credit Loans to be made on such Drawdown Date, requested borrowing and the Administrative Agent may (but it shall not be required obligated to), in reliance upon such assumption, make available to the Borrower a corresponding amount. If any Bank makes available to the Administrative Agent such amount on a date after such Drawdown Date, such Bank shall pay to the Administrative Agent on demand an amount equal to the product of (i) the average computed for the period referred to in clause (iii) below, of the weighted average interest rate paid by the Administrative Agent for federal funds acquired by the Administrative Agent during each day included in such period, times (ii) the amount of such Bank's Revolving Credit Commitment Percentage of Loan to be provided by such Revolving Credit Loans, times (iii) a fraction, the numerator of which is the number of days that elapse from Lender and including such Drawdown Date Lender shall be liable to the date on which Administrative Agent for the amount of such Bank's Revolving Credit Commitment Percentage of advance. If such Revolving Credit Loans shall become immediately available to the Lender does not pay such corresponding amount upon Administrative Agent’s demand therefor, Administrative Agent will promptly notify Borrower, and the denominator of which is 365Borrower shall promptly pay such corresponding amount to Administrative Agent. A statement of the Administrative Agent submitted to such Bank with respect to any amounts owing under this paragraph shall be prima facie evidence of the amount due and owing to the Administrative Agent by such Bank. If the amount of such Bank's Revolving Credit Commitment Percentage of such Revolving Credit Loans is not made available to the Administrative Agent by such Bank within three (3) Business Days following such Drawdown Date, the Administrative Agent shall also be entitled to recover such amount from the Lender or Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by Administrative Agent to Borrower on demand, with interest thereon to the date such corresponding amount is recovered by Administrative Agent at a per annum rate equal to (i) from Borrower at the applicable rate per annum applicable for such Loan as provided in Section 3.2 or (ii) from a Lender at the Federal Funds Rate. Subject to the Revolving Credit Loans made on such Drawdown Dateterms of this Agreement, Borrower does not waive any claim that it may have against a Defaulting Lender.

Advances by Administrative Agent. The Unless Administrative Agent may, unless shall have been notified by any Lender prior to the contrary specified date of borrowing that such Lender does not intend to make available to Administrative Agent the Loan to be made by any Bank prior to a Drawdown Datesuch Lender on such date, Administrative Agent may assume that such Bank has made Lender will make the proceeds of such Loan available to the Administrative Agent on such Drawdown Date the amount of such Bank's Revolving Credit Commitment Percentage date of the Revolving Credit Loans to be made on such Drawdown Date, requested borrowing and the Administrative Agent may (but it shall not be required obligated to), in reliance upon such assumption, make available to the Borrower a corresponding amount. If any Bank makes available to the Administrative Agent such amount on a date after such Drawdown Date, such Bank shall pay to the Administrative Agent on demand an amount equal to the product of (i) the average computed for the period referred to in clause (iii) below, of the weighted average interest rate paid by the Administrative Agent for federal funds acquired by the Administrative Agent during each day included in such period, times (ii) the amount of such Bank's Revolving Credit Commitment Percentage of Loan to be provided by such Revolving Credit Loans, times (iii) a fraction, the numerator of which is the number of days that elapse from Lender and including such Drawdown Date Lender shall be liable to the date on which Administrative Agent for the amount of such Bank's Revolving Credit Commitment Percentage of advance. If such Revolving Credit Loans shall become immediately available to the Lender does not pay such corresponding amount upon Administrative Agent's demand therefor, Administrative Agent will promptly notify Borrower, and the denominator of which is 365Borrower shall promptly pay such corresponding amount to Administrative Agent. A statement of the Administrative Agent submitted to such Bank with respect to any amounts owing under this paragraph shall be prima facie evidence of the amount due and owing to the Administrative Agent by such Bank. If the amount of such Bank's Revolving Credit Commitment Percentage of such Revolving Credit Loans is not made available to the Administrative Agent by such Bank within three (3) Business Days following such Drawdown Date, the Administrative Agent shall also be entitled to recover such amount from the Lender or Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by Administrative Agent to Borrower on demand, with interest thereon to the date such corresponding amount is recovered by Administrative Agent at a per annum rate equal to (i) from Borrower at the applicable rate per annum applicable to for such Loan as provided in Section 3.2 or (ii) from a Lender at the Revolving Credit Loans made on such Drawdown DateFederal Funds Rate. Borrower does not waive any claim that it may have against a Defaulting Lender.

Advances by Administrative Agent. The Administrative Agent may, unless notified to the contrary by any Bank Lender prior to a Drawdown Date, assume that such Bank Lender has made available to the Administrative Agent on such Drawdown Date the amount of such Bank's Revolving Credit Lender’s Commitment Percentage of the Revolving Credit Loans to be made on such Drawdown Date, Date and the Administrative Agent may (but it shall not be required to), in reliance upon such assumption, make available to the Borrower a corresponding amount. If any Bank Lender makes available to the Administrative Agent such amount on a date after such Drawdown Date, Date such Bank Lender shall pay to the Administrative Agent its Commitment Percentage thereof on demand an amount equal to the product of (i) the average computed for the period referred to in clause (iii) below, of the weighted average interest rate paid by the Administrative Agent for federal funds acquired by the Administrative Agent during each day included in such period, times (ii) the amount of such Bank's Revolving Credit Commitment Percentage of such Revolving Credit Loans, times (iii) a fraction, the numerator of which is the number of days that elapse from and including such Drawdown Date to the date on which the amount of such Bank's Revolving Credit Commitment Percentage of such Revolving Credit Loans shall become immediately available to the Administrative Agent, and plus interest thereon from the denominator date of which such demand to the date such amount is 365paid by such Lender, at a rate per annum equal to the applicable Overnight Rate from time to time in effect. A statement of the Administrative Agent submitted to such Bank Lender with respect to any amounts owing under this paragraph shall be prima facie evidence of the amount due and owing to the Administrative Agent by such BankLender. If the amount of such Bank's Revolving Credit Lender’s Commitment Percentage of such Revolving Credit Loans is not made available to the Administrative Agent by such Bank Lender within three (3) Business Days following such Drawdown Date, the Administrative Agent shall be entitled to recover such amount from the Borrower on demand, with interest thereon at the rate per annum applicable to the Revolving Credit Loans made on such Drawdown Date. The obligations of any Lender under this clause shall survive the payment in full of the Obligations and the termination of this Credit Agreement.