Assumption re Advances. Unless the Administrative Agent has been notified in writing by a Credit Facility Lender at least one (1) Business Day before a Drawdown Date that the Credit Facility Lender does not intend to make available its Rateable Portion of an Advance to be made available on the Drawdown Date, the Administrative Agent may, in its discretion, assume that the Credit Facility Lender has remitted to the Administrative Agent funds in an amount equal to its Rateable Portion of the Advance and the Administrative Agent may, in its discretion and in reliance upon that assumption, make available to a Borrower on the Drawdown Date an amount equal to the Credit Facility Lender’s Rateable Portion of that Advance. If the Credit Facility Lender does not in fact remit such funds to the Administrative Agent, the Administrative Agent shall promptly notify that Credit Facility Lender, and that Credit Facility Lender, or failing that Credit Facility Lender, the applicable Borrower, shall forthwith on demand pay to the Administrative Agent the amount made available by the Administrative Agent on behalf of that Credit Facility Lender, together with interest thereon until the date of repayment thereof at a rate determined by the Administrative Agent (the determination to be conclusive and binding on that Credit Facility Lender) in accordance with the Administrative Agent’s usual banking practice for similar advances to financial institutions of like standing to that Credit Facility Lender, but, in any event, at a rate no greater than the usual interbank offered rate for the sale of deposits in the applicable currency.
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Assumption re Advances. Unless the Administrative Agent has been notified in writing by a Credit Facility Lender at least one (1) 1 Business Day before a Drawdown Date that the Credit Facility Lender does not intend to make available its Rateable Portion of an Advance to be made available on the Drawdown Date, the Administrative Agent may, in its discretion, assume that the Credit Facility Lender has remitted to the Administrative Agent funds in an amount equal to its Rateable Portion of the Advance and the Administrative Agent may, in its discretion and in reliance upon that assumption, make available to a the Borrower on the Drawdown Date an amount equal to the Credit Facility Lender’s Rateable Portion of that Advance. If the Credit Facility Lender does not in fact remit such funds to the Administrative Agent, the Administrative Agent shall promptly notify that Credit Facility Lender, and that Credit Facility Lender, or failing that Credit Facility Lender, the applicable Borrower, shall forthwith on demand pay to the Administrative Agent the amount made available by the Administrative Agent on behalf of that Credit Facility Lender, together with interest thereon until the date of repayment thereof at a rate determined by the Administrative Agent (the determination to be conclusive and binding on that Credit Facility Lender) in accordance with the Administrative Agent’s usual banking practice for similar advances to financial institutions of like standing to that Credit Facility Lender, but, in any event, at a rate no greater than the usual interbank offered rate for the sale of deposits in the applicable currency.
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Assumption re Advances. Unless the Administrative Agent has been notified in writing by a Credit Facility Lender at least one (1) Business Day before a Drawdown Date that the Credit Facility Lender does not intend to make available its Rateable Portion of an Advance to be made available on the Drawdown Date, the Administrative Agent may, in its discretion, assume that the Credit Facility Lender has remitted to the Administrative Agent funds in an amount equal to its Rateable Portion of the Advance and the Administrative Agent may, in its discretion and in reliance upon that assumption, make available to a Borrower on the Drawdown Date an amount equal to the Credit Facility Lender’s 's Rateable Portion of that Advance. If the Credit Facility Lender does not in fact remit such funds to the Administrative Agent, the Administrative Agent shall promptly notify that Credit Facility Lender, and that Credit Facility Lender, or failing that Credit Facility Lender, the applicable Borrower, shall forthwith on demand pay to the Administrative Agent the amount made available by the Administrative Agent on behalf of that Credit Facility Lender, together with interest thereon until the date of repayment thereof at a rate determined by the Administrative Agent (the determination to be conclusive and binding on that Credit Facility Lender) in accordance with the Administrative Agent’s 's usual banking practice for similar advances to financial institutions of like standing to that Credit Facility Lender, but, in any event, at a rate no greater than the usual interbank offered rate for the sale of deposits in the applicable currency.
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Assumption re Advances. Unless the Administrative Agent has been notified in writing by a Credit Facility Lender at least one (1) 1 Business Day before a Drawdown Date that the Credit Facility Lender does not intend to make available its Rateable Portion of an Advance to be made available on the Drawdown Date, the Administrative Agent may, in its discretion, assume that the Credit Facility Lender has remitted to the Administrative Agent funds in an amount equal to its Rateable Portion of the Advance and the Administrative Agent may, in its discretion and in reliance upon that assumption, make available to a the Borrower on the Drawdown Date an amount equal to the Credit Facility Lender’s Rateable Portion of that Advance. If the Credit Facility Lender does not in fact remit such funds to the Administrative Agent, the Administrative Agent shall promptly notify that Credit Facility Lender, and that Credit Facility Lender, or failing that Credit Facility Lender, the applicable Borrower, shall forthwith on demand pay to the Administrative Agent the amount made available by the Administrative Agent on behalf of that Credit Facility LenderXxxxxx, together with interest thereon until the date of repayment thereof at a rate determined by the Administrative Agent (the determination to be conclusive and binding on that Credit Facility Lender) in accordance with the Administrative Agent’s usual banking practice for similar advances to financial institutions of like standing to that Credit Facility Lender, but, in any event, at a rate no greater than the usual interbank offered rate for the sale of deposits in the applicable currency.. Section 12.7 Responsibility of Administrative Agent The Administrative Agent makes no representation or warranty, and accepts no responsibility, with respect to the due execution, legality, validity, sufficiency or enforceability of any Document or any other instrument or document referred to herein or relative hereto. The Administrative Agent assumes no responsibility for the financial condition of the Borrower or of any Guarantor or for the repayment of any of the Advances. The Administrative Agent assumes no responsibility with respect to the accuracy, authenticity, legality, validity, sufficiency or enforceability of any documents, papers, materials or other information furnished by the Borrower or any other Person to the Administrative Agent or to any Lender in connection with any of the Documents or any matter referred to therein. Except for its gross negligence or wilful misconduct, the Administrative Agent shall incur no liability to the Lenders under or in respect of this Agreement or any of the other Documents with respect to anything which it may do or refrain from doing in the reasonable exercise of its judgment or which may seem to it to be necessary or desirable in the circumstances. The Administrative Agent assumes no responsibility for the repayment of any of the Advances or other amounts outstanding under this Agreement or any of the other Documents by the Borrower. The Administrative Agent shall not have any duty to the Lenders to investigate whether a Default or an Event of Default has
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