Common use of Assumption as to Payments Clause in Contracts

Assumption as to Payments. Except as specifically provided herein, unless Agent shall have received notice from the Borrower prior to the date on which any payment is due to Lenders hereunder that the Borrower will not make such payment in full, Agent may, but shall not be required to, assume that the Borrower has made such payment in full to Agent on such date and Agent may, in reliance upon such assumption, cause to be distributed to each Lender on such due date an amount equal to the amount then due such Lender. If and to the extent the Borrower shall not have so made such payment in full to Agent, each Lender shall repay to Agent forthwith on demand such amount distributed to such Lender together with interest thereon, for each day from the date such amount is distributed to such Lender until the date such Lender repays such amount to Agent, at the interest rate applicable to such portion of the Loan.

Appears in 6 contracts

Samples: Credit Agreement (Exco Resources Inc), Credit Agreement (Southwest Royalties Inc), Credit Agreement (Exco Resources Inc)

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Assumption as to Payments. Except as specifically provided herein, unless Agent shall have received notice from the Borrower Borrowers prior to the date on which any payment is due to Lenders hereunder that the Borrower Borrowers will not make such payment in full, Agent may, but shall not be required to, assume that the Borrower has Borrowers have made such payment in full to Agent on such date and Agent may, in reliance upon such assumption, cause to be distributed to each Lender on such due date an amount equal to the amount then due such Lender. If and to the extent the Borrower Borrowers shall not have so made such payment in full to Agent, each Lender shall repay to Agent forthwith on demand such amount distributed to such Lender together with interest thereon, for each day from the date such amount is distributed to such Lender until the date such Lender repays such amount to Agent, at the interest rate applicable to such portion of the Loan.

Appears in 4 contracts

Samples: Credit Agreement (Exco Resources Inc), Credit Agreement (Exco Resources Inc), Credit Agreement (3tec Energy Corp)

Assumption as to Payments. Except as specifically provided ------------------------- herein, unless Agent shall have received notice from the Borrower Borrowers prior to the date on which any payment is due to Lenders Banks hereunder that the Borrower Borrowers will not make such payment in full, Agent may, but shall not be required to, assume that the Borrower Borrowers has made such payment in full to Agent on such date and Agent may, in reliance upon such assumption, cause to be distributed to each Lender Bank on such due date an amount equal to the amount then due such LenderBank. If and to the extent the Borrower Borrowers shall not have so made such payment in full to Agent, each Lender Bank shall repay to Agent forthwith on demand such amount distributed to such Lender Bank together with interest thereon, for each day from the date such amount is distributed to such Lender Bank until the date such Lender Bank repays such amount to Agent, at the interest rate applicable to such portion of the Revolving Loan.

Appears in 2 contracts

Samples: Loan Agreement (Gothic Energy Corp), Loan Agreement (Gothic Energy Corp)

Assumption as to Payments. Except as specifically provided herein, unless Agent shall have received notice from the Borrower prior to the date on which any payment is due to Lenders Banks hereunder that the Borrower will not make such payment in full, Agent may, but shall not be required to, assume that the Borrower has made such payment in full to Agent on such date and Agent may, in reliance upon such assumption, cause to be distributed to each Lender Bank on such due date an amount equal to the amount then due such LenderBank. If and to the extent the Borrower shall not have so made such payment in full to Agent, each Lender Bank shall repay to Agent forthwith on demand such amount distributed to such Lender Bank together with interest thereon, for each day from the date such amount is distributed to such Lender Bank until the date such Lender Bank repays such amount to Agent, at the interest rate applicable to such portion of the Loan.

Appears in 2 contracts

Samples: Loan Agreement (Clayton Williams Energy Inc /De), Loan Agreement (Clayton Williams Energy Inc /De)

Assumption as to Payments. Except as specifically provided herein, unless Agent shall have received notice from the Borrower Borrowers prior to the date on which any payment is due to Lenders hereunder that the Borrower Borrowers will not make such payment in full, Agent may, but shall not be required to, assume that the Borrower has Borrowers have made such payment in full to Agent on such date and Agent may, in reliance upon such assumption, cause to be distributed to each Lender on such due date an amount equal to the amount then due such Lender. If and to the extent the Borrower Borrowers shall not have so made such payment in full to Agent, each Lender shall repay to Agent forthwith on demand such amount distributed to such Lender together with interest thereon, for each day from the date such amount is distributed to such Lender until the date such Lender repays such amount to Agent, at the interest rate applicable to such portion of the Loan.

Appears in 2 contracts

Samples: Credit Agreement (Parallel Petroleum Corp), Credit Agreement (Parallel Petroleum Corp)

Assumption as to Payments. Except as specifically provided ------------------------- herein, unless Agent shall have received notice from the Borrower Borrowers prior to the date on which any payment is due to Lenders hereunder that the Borrower Borrowers will not make such payment in full, Agent may, but shall not be required to, assume that the Borrower has Borrowers have made such payment in full to Agent on such date and Agent may, in reliance upon such assumption, cause to be distributed to each Lender on such due date an amount equal to the amount then due such Lender. If and to the extent the Borrower Borrowers shall not have so made such payment in full to Agent, each Lender shall repay to Agent forthwith on demand such amount distributed to such Lender together with interest thereon, for each day from the date such amount is distributed to such Lender until the date such Lender repays such amount to Agent, at the interest rate applicable to such portion of the Loan.

Appears in 1 contract

Samples: Credit Agreement (3tec Energy Corp)

Assumption as to Payments. Except as specifically provided herein, unless Agent shall have received notice from the Borrower prior to the date on which any payment is due to Lenders hereunder that the Borrower will not make such payment in full, Agent may, but shall not be required to, assume that the Borrower has made such payment in full to Agent on such date and Agent may, in reliance upon such assumption, cause to be distributed to each Lender on such due date an amount equal to the amount then due such Lender. If and to the extent the Borrower shall not have so made such payment in full to Agent, each Lender shall repay to Agent forthwith on demand such amount distributed to such Lender together with interest thereon, for each day from the date such amount is distributed to such Lender until the date such Lender repays such amount to Agent, at the interest rate applicable to such portion of the Revolving Loan.. Any payment due from any lender to Agent pursuant hereto shall bear interest at the Federal Funds Rate

Appears in 1 contract

Samples: Credit Agreement (Carrizo Oil & Gas Inc)

Assumption as to Payments. Except as specifically provided ------------------------- herein, unless Agent shall have received notice from the Borrower prior to the date on which any payment is due to Lenders Banks hereunder that the Borrower will not make such payment in full, Agent may, but shall not be required to, assume that the Borrower has made such payment in full to Agent on such date and Agent may, in reliance upon such assumption, cause to be distributed to each Lender Bank on such due date an amount equal to the amount then due such LenderBank. If and to the extent the Borrower shall not have so made such payment in full to Agent, each Lender Bank shall repay to Agent forthwith on demand such amount distributed to such Lender Bank together with interest thereon, for each day from the date such amount is distributed to such Lender Bank until the date such Lender Bank repays such amount to Agent, at the interest rate applicable to such portion of the Revolving Loan.

Appears in 1 contract

Samples: Credit Agreement (Wiser Oil Co)

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Assumption as to Payments. Except as specifically provided herein, unless Agent shall have received notice from the Borrower prior to the date on which any payment is due to Lenders hereunder that the Borrower will not make such payment in full, Agent may, but shall not be required to, assume that the Borrower has made such payment in full to Agent on such date and Agent may, in reliance upon such assumption, cause to be distributed to each Lender on such due date an amount equal to the amount then due such Lender. If and to the extent the Borrower shall not have so made such payment in full to Agent, each Lender shall repay to Agent forthwith on demand such amount distributed to such Lender together with interest thereon, for each day from the date such amount is distributed to such Lender until the date such Lender repays such amount to Agent, at the interest rate applicable to such portion of the Loan.

Appears in 1 contract

Samples: Credit Agreement (Parallel Petroleum Corp)

Assumption as to Payments. Except as specifically provided herein, unless Agent shall have received notice from the Borrower prior to the date on which any payment is due to Lenders hereunder that the Borrower will not make such payment in full, Agent may, but shall not be required to, assume that the Borrower has made such payment in full to Agent on such date and Agent may, in reliance upon such assumption, cause to be distributed to each Lender on such due date an amount equal to the amount then due such Lender. If and to the extent the Borrower shall not have so made such payment in full to Agent, each Lender shall repay to Agent forthwith on demand such amount distributed to such Lender together with interest thereon, for each day from the date such amount is distributed to such Lender until the date such Lender repays such amount to Agent, at the interest rate applicable to such portion of the Loan.. (l)

Appears in 1 contract

Samples: Credit Agreement (Parallel Petroleum Corp /De/)

Assumption as to Payments. Except as specifically provided herein, unless Agent shall have received notice from the Borrower prior to the date on which any payment is due to Lenders hereunder that the Borrower will not make such payment in full, Agent may, but shall not be required to, assume that the Borrower has made such payment in full to Agent on such date and Agent may, in reliance upon such assumption, cause to be distributed to each Lender on such due date an amount equal to the amount then due such Lender. If and to the extent the Borrower shall not have so made such payment in full to Agent, each Lender shall repay to Agent forthwith on demand such amount distributed to such Lender together with interest thereon, for each day from the date such amount is distributed to such Lender until the date such Lender repays such amount to Agent, at the interest rate applicable to such portion of the Revolving Loan.

Appears in 1 contract

Samples: Credit Agreement (Southwest Royalties Holdings Inc)

Assumption as to Payments. Except as specifically provided ------------------------- herein, unless Agent shall have received notice from the Borrower prior to the date on which any payment is due to Lenders Banks hereunder that the Borrower will not make such payment in full, Agent may, but shall not be required to, assume that the Borrower has made such payment in full to Agent on such date and Agent may, in reliance upon such assumption, cause to be distributed to each Lender Bank on such due date an amount equal to the amount then due such LenderBank. If and to the extent the Borrower shall not have so made such payment in full to Agent, each Lender Bank shall repay to Agent forthwith on demand such amount distributed to such Lender Bank together with interest thereon, for each day from the date such amount is distributed to such Lender Bank until the date such Lender Bank repays such amount to Agent, at the interest rate applicable to such portion of the Loan.

Appears in 1 contract

Samples: Credit Agreement (Cmi Corp)

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