Common use of Agent's Right to Assume Funds Available for Advances Clause in Contracts

Agent's Right to Assume Funds Available for Advances. Unless Agent shall have been notified by any Lender no later than the Business Day prior to the respective Funding Date of a Loan that such Lender does not intend to make available to Agent an Advance in immediately available funds equal to such Lender's Pro Rata Share of the total principal amount of such Loan, Agent may assume that such Lender has made such Advance to Agent on the date of the Loan and Agent may, in reliance upon such assumption, make available to the Requesting Borrower a corresponding Advance. If Agent has made funds available to such Borrower based on such assumption and such Advance is not in fact made to Agent by such Lender, Agent shall be entitled to recover the corresponding amount of such Advance on demand from such Lender. If such Lender does not promptly pay such corresponding amount upon Agent's demand, Agent shall notify such Requesting Borrower and such Requesting Borrower shall repay such Advance to Agent. Agent also shall be entitled to recover from such Lender interest on such Advance in respect of each day from the date such Advance was made by Agent to such Requesting Borrower to the date such corresponding amount is recovered by Agent at the Federal Funds Rate. Nothing in this Section 2.11 shall be deemed to relieve any Lender from its obligation to fulfill its Commitment or to prejudice any rights which Agent or such Requesting Borrower may have against such Lender as a result of any default by such Lender under this Agreement.

Agent's Right to Assume Funds Available for Advances. Unless Agent shall have been notified by any Lender no later than the Business Day prior to the respective Funding Date of a Loan that such Lender does not intend to make available to Agent an Advance in immediately available funds equal to such Lender's Pro Rata Share of the total principal amount of such Loan, Agent may assume that such Lender has made such Advance to Agent on the date of the Loan and Agent may, in reliance upon such assumption, make available to the Requesting Borrower a corresponding Advance. If Agent has made funds available to such Borrower based on such assumption and such Advance is not in fact made to Agent by such Lender, Agent shall be entitled to recover the corresponding amount of such Advance on demand from such Lender. If such Lender does not promptly pay such corresponding amount upon Agent's demand, Agent shall notify such Requesting Borrower and such Requesting Borrower shall repay such Advance to Agent. Agent also shall be entitled to recover from such Lender interest on such Advance in respect of each day from the date such Advance was made by Agent to such Requesting Borrower to the date such corresponding amount is recovered by Agent at the Federal Funds Rate. Nothing in this Section 2.11 shall be deemed to relieve any Lender from its obligation to fulfill its Commitment or to prejudice any rights which Agent or such Requesting Borrower may have against such Lender as a result of any default by such Lender under this Agreement.

Agent's Right to Assume Funds Available for Advances. Unless Agent shall have been notified by any Lender no later than the Business Day prior to the respective Funding Date of a Loan that such Lender does not intend to make available to Agent an Advance in immediately available funds equal to such Lender's ’s Pro Rata Share of the total principal amount of such Loan, Agent may assume that such Lender has made such Advance to Agent on the date of the Loan and Agent may, in reliance upon such assumption, make available to the Requesting Borrower a corresponding Advance. If Agent has made funds available to such Borrower based on such assumption and such Advance is not in fact made to Agent by such Lender, Agent shall be entitled to recover the corresponding amount of such Advance on demand from such Lender. If such Lender does not promptly pay such corresponding amount upon Agent's ’s demand, Agent shall notify such Requesting Borrower and such Requesting Borrower shall repay such Advance to Agent. Agent also shall be entitled to recover from such Lender interest on such Advance in respect of each day from the date such Advance was made by Agent to such Requesting Borrower to the date such corresponding amount is recovered by Agent at the Federal Funds Rate. Nothing in this Section 2.11 shall be deemed to relieve any Lender from its obligation to fulfill its Commitment or to prejudice any rights which Agent or such Requesting Borrower may have against such Lender as a result of any default by such Lender under this Agreement.

Agent's Right to Assume Funds Available for Advances. Unless Agent shall have been notified by any Lender no later than the Business Day Bank at least two hours prior to the respective Funding Date funding by Agent of a any Loan that such Lender Bank does not intend to make available to Agent an Advance in immediately available funds equal to such LenderBank's Pro Rata Share portion of the total principal amount of such Loan, Agent may assume that such Lender Bank has made such Advance amount available to Agent on the date of the Loan and Agent may, in reliance upon such assumption, make available to the Requesting Borrower Borrowers a corresponding Advanceamount. If Agent has made funds available to such Borrower based on such assumption and such Advance corresponding amount is not in fact made available to Agent by such LenderBank, Agent shall be entitled to recover the such corresponding amount of such Advance on demand from such LenderBank, which demand shall be made in a reasonably prompt manner. If such Lender Bank does not promptly pay such corresponding amount forthwith upon Agent's demanddemand therefor, Agent promptly shall notify Borrowers and Borrowers shall pay such Requesting Borrower and such Requesting Borrower shall repay such Advance corresponding amount to Agent. Agent also shall be entitled to recover from such Lender Bank or Borrowers, as the case may be, interest on such Advance corresponding amount in respect of each day from the date such Advance corresponding amount was made available by Agent to such Requesting Borrower Borrowers to the date such corresponding amount is recovered by Agent, at a rate per annum equal to the actual cost to Agent at of funding such amount as notified by Agent to such Bank or Borrowers, as the Federal Funds Ratecase may be. Nothing in this Section 2.11 herein shall be deemed to relieve any Lender Bank from its obligation to fulfill its share of the Commitment or to prejudice any rights which the Agent or such Requesting Borrower Borrowers may have against such Lender any Bank as a result of any default by such Lender under this AgreementBank hereunder.

Agent's Right to Assume Funds Available for Advances. Unless the Agent shall have been notified by any Lender no later than 10:00 a.m. on the Business Banking Day prior to of the respective Funding Date proposed funding by the Agent of a any Loan that such Lender does not intend to make available to the Agent an Advance in immediately available funds equal to such Lender's Pro Rata Share ’s portion of the total principal amount of such Loan, the Agent may assume that such Lender has made such Advance amount available to the Agent on the date of the Loan and the Agent may, but shall not be obligated to, in reliance upon such assumption, make available to the Requesting Borrower a corresponding Advanceamount. If the Agent has made funds available to such Borrower based on such assumption and such Advance corresponding amount is not in fact made available to the Agent by such Lender, the Agent shall be entitled to recover the such corresponding amount of such Advance on demand from such Lender. If such Lender does not promptly pay such corresponding amount forthwith upon the Agent's demand’s demand therefor, the Agent promptly shall notify such Requesting Borrower and such Requesting Borrower shall repay pay such Advance corresponding amount to the Agent. The Agent also shall be entitled to recover from such Lender interest on such Advance corresponding amount in respect of each day from the date such Advance corresponding amount was made available by the Agent to such Requesting Borrower to the date such corresponding amount is recovered by Agent the Agent, at a rate per annum equal to the daily Federal Funds Rate. Nothing in this Section 2.11 herein shall be deemed to relieve any Lender from its obligation to fulfill its Commitment share of the Commitments or to prejudice any rights which the Agent or such Requesting Borrower may have against such any Lender as a result of any default by such Lender under this Agreementhereunder.

Agent's Right to Assume Funds Available for Advances. Unless the Agent shall have been notified by any Lender no later than the Business Day Bank at least two hours prior to the respective Funding Date funding by the Agent of a any Loan that such Lender Bank does not intend to make available to the Agent an Advance in immediately available funds equal to such LenderBank's Pro Rata Share portion of the total principal amount of such Loan, the Agent may assume that such Lender Bank has made such Advance amount available to the Agent on the date of the Loan and the Agent may, in reliance upon such assumption, make available to the Requesting Borrower Borrowers a corresponding Advanceamount. If Agent has made funds available to such Borrower based on such assumption and such Advance corresponding amount is not in fact made available to the Agent by such LenderBank, the Agent shall be entitled to recover the such corresponding amount of such Advance on demand from such LenderBank, which demand shall be made in a reasonably prompt manner. If such Lender Bank does not promptly pay such corresponding amount forthwith upon the Agent's demanddemand therefor, the Agent promptly shall notify Borrowers and Borrowers shall pay such Requesting Borrower and such Requesting Borrower shall repay such Advance corresponding amount to the Agent. The Agent also shall be entitled to recover from such Lender Bank or Borrowers, as the case may be, interest on such Advance corresponding amount in respect of each day from the date such Advance corresponding amount was made available by the Agent to such Requesting Borrower Borrowers to the date such corresponding amount is recovered by the Agent, at a rate per annum equal to the actual cost to the Agent at of funding such amount as notified by the Federal Funds RateAgent to such Bank or Borrowers, as the case may be. Nothing in this Section 2.11 herein shall be deemed to relieve any Lender Bank from its obligation to fulfill its share of the Commitment or to prejudice any rights which the Agent or such Requesting Borrower Borrowers may have against such Lender any Bank as a result of any default by such Lender under this AgreementBank hereunder.

Agent's Right to Assume Funds Available for Advances. Unless the Agent shall have been notified by any Lender Bank no later than the Business Banking Day prior to the respective Funding Date funding by the Agent of a any Loan that such Lender Bank does not intend to make available to the Agent an Advance in immediately available funds equal to such LenderBank's Pro Rata Share portion of the total principal amount of such Loan, the Agent may assume that such Lender Bank has made such Advance amount available to the Agent on the date of the Loan and the Agent may, in reliance upon such assumption, make available to the Requesting Borrower a corresponding Advanceamount. If the Agent has made funds available to such Borrower based on such assumption and such Advance corresponding amount is not in fact made available to the Agent by such LenderBank, the Agent shall be entitled to recover the such corresponding amount of such Advance on demand from such LenderBank. If such Lender Bank does not promptly pay such corresponding amount forthwith upon the Agent's demanddemand therefor, the Agent promptly shall notify such Requesting Borrower and such Requesting Borrower shall repay pay such Advance corresponding amount to the Agent. The Agent also shall be entitled to recover from such Lender Bank interest on such Advance corresponding amount in respect of each day from the date such Advance corresponding amount was made available by the Agent to such Requesting Borrower to the date such corresponding amount is recovered by Agent the Agent, at a rate per annum equal to the daily Federal Funds Rate. Nothing in this Section 2.11 herein shall be deemed to relieve any Lender Bank from its obligation to fulfill its Commitment share of the Commitments or to prejudice any rights which the Agent or such Requesting Borrower may have against such Lender any Bank as a result of any default by such Lender under this AgreementBank hereunder.

Agent's Right to Assume Funds Available for Advances. Unless the Agent shall have been notified by any Lender no later than the Business Banking Day prior to the respective Funding Date funding by the Agent of a any Loan that such Lender does not intend to make available to the Agent an Advance in immediately available funds equal to such Lender's Pro Rata Share portion of the total principal amount of such Loan, the Agent may assume that such Lender has made such Advance amount available to the Agent on the date of the Loan and the Agent may, in reliance upon such assumption, make available to the Requesting Borrower a corresponding Advanceamount. If the Agent has made funds available to such Borrower based on such assumption and such Advance corresponding amount is not in fact made available to the Agent by such Lender, the Agent shall be entitled to recover the such corresponding amount of such Advance on demand from such Lender. If such Lender does not promptly pay such corresponding amount forthwith upon the Agent's demanddemand therefor, the Agent promptly shall notify such Requesting Borrower and such Requesting Borrower shall repay pay such Advance corresponding amount to the Agent. The Agent also shall be entitled to recover from such Lender interest on such Advance corresponding amount in respect of each day from the date such Advance corresponding amount was made available by the Agent to such Requesting Borrower to the date such corresponding amount is recovered by Agent the Agent, at a rate per annum equal to the daily Federal Funds Rate. Nothing in this Section 2.11 herein shall be deemed to relieve any Lender from its obligation to fulfill its share of the Commitment or to prejudice any rights which the Agent or such Requesting Borrower may have against such any Lender as a result of any default by such Lender under this Agreementhereunder.

Agent's Right to Assume Funds Available for Advances. Unless the Agent shall have been notified by any Lender Bank no later than the Business Banking Day or Eurodollar Banking Day, as applicable, prior to the respective Funding Date funding by the Agent of a any Loan that such Lender Bank does not intend to make available to the Agent an Advance in immediately available funds equal to such LenderBank's Pro Rata Share portion of the total principal amount of such Loan, the Agent may assume that such Lender Bank has made such Advance amount available to the Agent on the date of the Loan and the Agent may, in reliance upon such assumption, make available to the Requesting Borrower a corresponding Advanceamount. If the Agent has made funds available to such Borrower based on such assumption and such Advance corresponding amount is not in fact made available to the Agent by such LenderBank, the Agent shall be entitled to recover the such corresponding amount of such Advance on demand from such LenderBank. If such Lender Bank does not promptly pay such corresponding amount forthwith upon the Agent's demanddemand therefor, the Agent promptly shall notify such Requesting Borrower and such Requesting Borrower shall repay pay such Advance corresponding amount to the Agent. The Agent also shall be entitled to recover from such Lender Bank interest on such Advance corresponding amount in respect of each day from the date such Advance corresponding amount was made available by the Agent to such Requesting Borrower to the date such corresponding corres ponding amount is recovered by Agent the Agent, at a rate per annum equal to the daily Federal Funds Rate. Nothing in this Section 2.11 herein shall be deemed to relieve any Lender Bank from its obligation to fulfill its Commitment share of the Commitments or to prejudice any rights which the Agent or such Requesting Borrower may have against such Lender any Bank as a result of any default by such Lender under this AgreementBank hereunder.

Agent's Right to Assume Funds Available for Advances. Unless Agent shall have been notified by any Lender no later than the Business Day prior to the respective Funding Date of a Loan that such Lender does not intend to make available to Agent an Advance in immediately available funds equal to such Lender's Pro Rata Share of the total principal amount of such Loan, Agent may assume that such Lender has made such Advance to Agent on the date of the Loan and Agent may, in reliance upon such assumption, make available to the Requesting Borrower a corresponding Advance. If Agent has made funds available to such Borrower based on such assumption and such Advance is not in fact made to Agent by such Lender, Agent shall be entitled to recover the corresponding amount of such Advance on demand from such Lender. If such Lender does not promptly pay such corresponding amount upon Agent's demand, Agent shall notify such Requesting Borrower and such Requesting Borrower shall repay such Advance to Agent. Agent also shall be entitled to recover from such Lender interest on such Advance in respect of each day from the date such Advance was made by Agent to such Requesting Borrower to the date such corresponding amount is recovered by Agent at the Federal Funds Rate. Nothing in this Section 2.11 2.12 shall be deemed to relieve any Lender from its obligation to fulfill its Commitment or to prejudice any rights which Agent or such Requesting Borrower may have against such Lender as a result of any default by such Lender under this Agreement.