Common use of Assumption of Funding Clause in Contracts

Assumption of Funding. Unless the Agent receives notice from a Lender prior to any Borrowing Date that such Lender will not make available to the Agent such Lender's Pro Rata Share of the Borrowing to be made on such Borrowing Date, the Agent may assume that such Lender has made its Pro Rata Share available to the Agent on such Borrowing Date in accordance with Section 2.01(e) and the Agent may, in reliance upon such assumption, make available to the Borrower on such Borrowing Date a corresponding amount. If and to the extent that such Lender fails to make its Pro Rata Share available to the Agent, such Lender and the Borrower severally agree to repay to the Agent forthwith on demand such corresponding amount 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 Agent, at (i) in the case of the Borrower, the interest rate applicable at the time to such Borrowing and (ii) in the case of such Lender, the Federal Funds Rate until the third Business Day after demand by the Agent to such Lender for such repayment and thereafter at the rate applicable at the time to such Borrowing. If such Lender shall repay to the Agent such corresponding amount, such amount so repaid shall constitute such Lender's Advance as part of such Borrowing for purposes of this Agreement and the Borrower shall thereupon be excused from making the repayment described in the preceding sentence.

Assumption of Funding. Unless the Administrative Agent receives shall have --------------------- received notice from a Lender prior to the Borrowing Date for any Borrowing Date of Acquisition Loans, Working Capital Loans or Term Loans that such Lender will not make available to the Administrative Agent such Lender's Pro Rata Share Portion of the Borrowing to be made on aggregate principal amount of such Borrowing DateBorrowing, the Administrative Agent may assume that such Lender has made its Pro Rata Share such portion available to the Administrative Agent on the Borrowing Date for such Borrowing Date in accordance with subsection (a) of this Section 2.01(e) 2.3 and the Administrative Agent may, in reliance upon such assumption, make available to the Borrower on such Borrowing Date date a corresponding amount. If and to the extent that such Lender fails to make its shall not have so made such Pro Rata Share Portion available to the Administrative Agent, such Lender and the Borrower severally agree to repay to the Administrative Agent forthwith on demand such corresponding amount 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 (i) in the case of the Borrower, the interest rate applicable at the time to such Borrowing Base Rate Loans; and (ii) in the case of such Lender, the Federal Funds Rate until for the third Business Day first three days after demand by the Administrative Agent to such Lender for such repayment and thereafter at the interest rate applicable at the time to such BorrowingBase Rate Loans pursuant to Section 2.7(a). If such Lender shall repay to the Administrative Agent such corresponding amount, such amount so repaid shall constitute such Lender's Advance Loan as part of such Borrowing for purposes of this Agreement and the Borrower shall thereupon be excused relieved, ab initio, from making the repayment described in its -- ------ obligation pursuant to the preceding sentence.

Assumption of Funding. Unless the Agent receives notice from a Lender prior to any Borrowing Date that such Lender will not make available to the Agent such Lender's Revolving Pro Rata Share or Term Pro Rata Share, as the case may be, of the Revolving Borrowing or the Term Borrowing, as the case may be, to be made on such Borrowing Date, the Agent may assume that such Lender has made its Pro Rata Share respective share available to the Agent on such Borrowing Date in accordance with Section 2.01(e) and the Agent may, in reliance upon such assumption, make available to the Borrower on such Borrowing Date a corresponding amount. If and to the extent that such Lender fails to make its Pro Rata Share respective share available to the Agent, such Lender and the Borrower severally agree to repay to the Agent forthwith on demand such corresponding amount 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 Agent, at (i) in the case of the Borrower, the interest rate applicable at the time to such Borrowing and (ii) in the case of such Lender, the Federal Funds Rate until the third Business Day after demand by the Agent to such Lender for such repayment and thereafter at the rate applicable at the time to such Revolving Borrowing or Term Borrowing. If such Lender shall repay to the Agent such corresponding amount, such amount so repaid shall constitute such Lender's Advance as part of such Revolving Borrowing or Term Borrowing for purposes of this Agreement and the Borrower shall thereupon be excused from making the repayment described in the preceding sentence.

Assumption of Funding. Unless the Agent receives notice from a Lender prior to any Borrowing Date that such Lender will not make available to the Agent such Lender's Pro Rata Share of the Borrowing Revolving Credit Advance to be made on such Borrowing Date, the Agent may assume that such Lender has made its Pro Rata Share respective share available to the Agent on such Borrowing Date in accordance with Section 2.01(e) and the Agent may, in reliance upon such assumption, make available to the Borrower on such Borrowing Date a corresponding amount. If and to the extent that such Lender fails to make its Pro Rata Share respective share available to the Agent, such Lender and the Borrower severally agree to repay to the Agent forthwith on demand such corresponding amount 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 Agent, at (i) in the case of the Borrower, the interest rate applicable at the time to such Borrowing Revolving Credit Advance and (ii) in the case of such Lender, the Federal Funds Rate until the third Business Day after demand by the Agent to such Lender for such repayment and thereafter at the rate applicable at the time to such BorrowingRevolving Credit Advance. If such Lender shall repay to the Agent such corresponding amount, such amount so repaid shall constitute such Lender's Advance as part of such Borrowing Revolving Credit Advance for purposes of this Agreement and the Borrower shall thereupon be excused from making the repayment described in the preceding sentence.