Common use of Availability of Lender's Pro Rata Share Clause in Contracts

Availability of Lender's Pro Rata Share. (i) Unless Administrative Agent has been notified by a Lender prior to a Funding Date of such Lender’s intention not to fund its Pro Rata Share of the Loan amount requested by Borrower, and Administrative Agent has given notice pursuant to Subsection 8.4, Administrative Agent may assume that such Lender will make such amount available to Administrative Agent on the Funding Date. If such amount is not, in fact, made available to Administrative Agent by such Lender when due, and Administrative Agent disburses funds to Borrower on behalf of such Lender, Administrative Agent will be entitled to recover such amount on demand from Borrower, without set-off, counterclaim or deduction of any kind, with interest thereon at the rate per annum then applicable to such Loan. (ii) Nothing contained in this Subsection 8.5(B) will be deemed to relieve a Lender of its obligation to fulfill its commitments or to prejudice any rights Administrative Agent or Borrower may have against such Lender as a result of a default by such Lender under this Agreement. (iii) Without limiting the generality of the foregoing, each Lender shall be obligated to fund its Pro Rata Share of any Revolving Loan made after any Event of Default or acceleration of the Obligations with respect to any draw on a Letter of Credit.

Availability of Lender's Pro Rata Share. (i) Unless Administrative Agent has been notified by a may assume that each Lender prior to a Funding Date of such Lender’s intention not to fund will make its Pro Rata Share of the Loan amount requested by Borrower, and Administrative Agent has given notice pursuant to Subsection 8.4, Administrative Agent may assume that such Lender will make such amount each Advance available to Administrative Agent on the Funding Dateeach funding date. If such amount Pro Rata Share is not, in fact, made available paid to Administrative Agent by such Lender when due, and Administrative Agent disburses funds to Borrower on behalf of such Lender, Administrative Agent will be entitled to recover such amount on demand from Borrower, such Lender without set-set off, counterclaim or deduction of any kind. If any Lender fails to pay the amount of its Pro Rata Share forthwith upon Administrative Agent's demand, with interest thereon at the rate per annum then applicable Administrative Agent shall promptly notify Borrower Representative and Borrowers shall immediately repay such amount to such Loan. (ii) Administrative Agent. Nothing contained in this Subsection 8.5(BSection 3.9(b) will or elsewhere in this Agreement or the other Loan Documents shall be deemed to require Administrative Agent to advance funds on behalf of any Lender or to relieve a any Lender of from its obligation to fulfill its commitments Commitments hereunder or to prejudice any rights Administrative Agent or Borrower that any Loan Party may have against such any Lender as a result of a any default by such Lender under this Agreement. (iii) Without limiting hereunder. To the generality extent that Administrative Agent advances funds to Borrowers on behalf of any Lender and is not reimbursed therefor on the foregoingsame Business Day as such Advance is made, each Lender Administrative Agent shall be obligated entitled to fund retain for its Pro Rata Share of any Revolving Loan made after any Event of Default or acceleration of account all interest accrued on such Advance until reimbursed by the Obligations with respect to any draw on a Letter of Creditapplicable Lender.

Availability of Lender's Pro Rata Share. (ia) Unless Administrative Agent has been notified by a Lender prior to a Funding Date of such Lender’s intention not to fund its Pro Rata Share of the Loan amount requested by Borrower, and Administrative Agent has given notice pursuant to Subsection 8.4, Administrative Agent may assume that such Lender will make such amount available to Administrative Agent on the Funding Date. If such amount is not, in fact, made available to Administrative Agent by such Lender when due, and Administrative Agent disburses funds to Borrower on behalf of such Lender, Administrative Agent will be entitled to recover such amount on demand from Borrower, without set-off, counterclaim or deduction of any kind, with interest thereon at the rate per annum then applicable to such Loan. (iib) Nothing contained in this Subsection 8.5(B) will be deemed to relieve a Lender of its obligation to fulfill its commitments or to prejudice any rights Administrative Agent or Borrower may have against such Lender as a result of a default by such Lender under this Agreement. (iiic) Without limiting the generality of the foregoing, each Lender shall be obligated to fund its Pro Rata Share of any Revolving Loan made after any Event of Default or acceleration of the Obligations with respect to any draw on a Letter of Credit.

Availability of Lender's Pro Rata Share. (ia) Unless Administrative Agent has been notified by a Lender prior to a Funding Date of such Lender’s intention not to fund its Pro Rata Share of the Loan amount requested by Borrower, and Administrative Agent has given notice pursuant to Subsection 8.4, Administrative Agent may assume that such Lender will make such amount available to Administrative Agent on the Funding Date. If such amount is not, in fact, made available to Administrative Agent by such Lender when due, and Administrative Agent disburses funds to Borrower on behalf of such Lender, Administrative Agent will be entitled to recover such amount on demand from Borrower, without set-off, counterclaim or deduction of any kind, with interest thereon at the rate per annum then applicable to such Loan. (iib) Nothing contained in this Subsection 8.5(B) will be deemed to relieve a Lender of its obligation to fulfill its commitments or to prejudice any rights Administrative Agent or Borrower may have against such Lender as a result of a default by such Lender under this Agreement. (iiic) Without limiting the generality of the foregoing, each Lender shall be obligated to fund its Pro Rata Share of any Revolving Loan made after any Event of Default or acceleration of the Obligations with respect to any draw on a Letter of CreditCredit or demand (whether or not deemed) for payment of any Swingline Loan by Swingline Lender.

Availability of Lender's Pro Rata Share. (i1) Unless the Administrative Agent has been notified by a Lender prior to a Funding Date of such Lender’s intention not to fund its Pro Rata Share of the Loan amount requested by the Borrower, and the Administrative Agent has given notice pursuant to Subsection 8.4, the Administrative Agent may assume that such Lender will make such amount available to the Administrative Agent on the Funding Date. If such amount is not, in fact, made available to the Administrative Agent by such Lender when due, and the Administrative Agent disburses funds to the Borrower on behalf of such Lender, Administrative Agent will be entitled such Lender and the Borrower severally agree to recover repay such amount on demand from Borrowerto the Administrative Agent, without set-off, counterclaim or deduction of any kind, with interest thereon at the rate per annum then applicable to such Loan.. Table of Contents Credit Agreement/Citizens Communications Company (ii2) Nothing contained in this Subsection 8.5(B) will be deemed to relieve a Lender of its obligation to fulfill its commitments or to prejudice any rights the Administrative Agent or the Borrower may have against such Lender as a result of a default by such Lender under this Agreement. (iii) Without limiting the generality of the foregoing, each Lender shall be obligated to fund its Pro Rata Share of any Revolving Loan made after any Event of Default or acceleration of the Obligations with respect to any draw on a Letter of Credit.

Availability of Lender's Pro Rata Share. (i1) Unless the Administrative Agent has been notified by a Lender prior to a Funding Date of such Lender’s 's intention not to fund its Pro Rata Share of the Loan amount requested by the Borrower, and the Administrative Agent has given notice pursuant to Subsection 8.4, the Administrative Agent may assume that such Lender will make such amount available to the Administrative Agent on the Funding Date. If such amount is not, in fact, made available to the Administrative Agent by such Lender when due, and the Administrative Agent disburses funds to the Borrower on behalf of such Lender, Administrative Agent will be entitled such Lender and the Borrower severally agree to recover repay such amount on demand from Borrowerto the Administrative Agent, without set-off, counterclaim or deduction of any kind, with interest thereon at the rate per annum then applicable to such Loan. (ii2) Nothing contained in this Subsection 8.5(B) will be deemed to relieve a Lender of its obligation to fulfill its commitments or to prejudice any rights the Administrative Agent or the Borrower may have against such Lender as a result of a default by such Lender under this Agreement. (iii) Without limiting the generality of the foregoing, each Lender shall be obligated to fund its Pro Rata Share of any Revolving Loan made after any Event of Default or acceleration of the Obligations with respect to any draw on a Letter of Credit.

Availability of Lender's Pro Rata Share. (i1) Unless Administrative Agent has been notified by a Lender prior to a Funding Date of such Lender’s intention not to fund its Pro Rata Share of the Loan amount requested by Borrower, and Administrative Agent has given notice pursuant to Subsection 8.4, Administrative Agent may assume that such Lender will make such amount available to Administrative Agent on the Funding Date. If such amount is not, in fact, made available to Administrative Agent by such Lender when due, and Administrative Agent disburses funds to Borrower on behalf of such Lender, Administrative Agent will be entitled to recover such amount on demand from Borrower, without set-off, counterclaim or deduction of any kind, with interest thereon at the rate per annum then applicable to such Loan. (ii2) Nothing contained in this Subsection 8.5(B) will be deemed to relieve a Lender of its obligation to fulfill its commitments or to prejudice any rights Administrative Agent or Borrower may have against such Lender as a result of a default by such Lender under this Agreement. (iii3) Without limiting the generality of the foregoing, each Lender shall be obligated to fund its Pro Rata Share of any Revolving Loan made after any Event of Default or acceleration of the Obligations with respect to any draw on a Letter of Credit.

Availability of Lender's Pro Rata Share. (i) Unless Administrative Agent has been notified by a Lender prior to a Funding Date of such Lender’s 's intention not to fund its Pro Rata Share of the Loan amount requested by Borrower, and Administrative Agent has given notice pursuant to Subsection 8.4, Administrative Agent may assume that such Lender will make such amount available to Administrative Agent on the Funding Date. If such amount is not, in fact, made available to Administrative Agent by such Lender when due, and Administrative Agent disburses funds to Borrower on behalf of such Lender, Administrative Agent will be entitled to recover such amount on demand from Borrower, without set-off, counterclaim or deduction of any kind, with interest thereon at the rate per annum then applicable to such Loan.. Credit Agreement/Shenandoah Telecommunications Company (ii) Nothing contained in this Subsection 8.5(B) will be deemed to relieve a Lender of its obligation to fulfill its commitments or to prejudice any rights Administrative Agent or Borrower may have against such Lender as a result of a default by such Lender under this Agreement. (iii) Without limiting the generality of the foregoing, each Lender shall be obligated to fund its Pro Rata Share of any Revolving Loan made after any Event of Default or acceleration of the Obligations with respect to any draw on a Letter of Credit.