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

Availability of Lender's Pro Rata Share. (i) Unless Agent has been notified by a Lender prior to any proposed funding date of such Lender's intention not to fund its Pro Rata Share of the Advance amount requested by Borrower, Agent may assume that such Lender will make such amount available to Agent on the proposed funding date or the Business Day following the next Settlement Date, as applicable. If such amount is not, in fact, made available to Agent by such Lender when due, Agent will be entitled to recover such amount on demand from such Lender without set-off, counterclaim, or deduction of any kind. (ii) Nothing contained in this Section 11-A.5(b) will be deemed to relieve a Lender of its obligation to fulfill its commitments or to prejudice any rights Agent or Borrower may have against such Lender as a result of any default by such Lender under this Agreement.

Availability of Lender's Pro Rata Share. (i) Unless Agent has been notified by a Lender prior to any proposed funding date of such Lender's intention not to fund its Pro Rata Share of the Advance amount requested by BorrowerBorrowers, Agent may assume that such Lender will make such amount available to Agent on the proposed funding date or the Business Day following the next Settlement Date, as applicable. If such amount is not, in fact, made available to Agent by such Lender when due, Agent will be entitled to recover such amount on demand from such Lender without set-off, counterclaim, or deduction of any kind. (ii) Nothing contained in this Section 11-A.5(b12.5(b) will be deemed to relieve a Lender of its obligation to fulfill its commitments or to prejudice any rights Agent or Borrower Borrowers may have against such Lender as a result of any default by such Lender under this Agreement.

Availability of Lender's Pro Rata Share. (i1) Unless Agent has been notified by a Lender prior to any proposed funding date of such Lender's intention not to fund its Pro Rata Share of the Advance Loan amount requested by Borrower, Agent may assume that such Lender will make such amount available to Agent on the proposed funding date or the Business Day following the next Settlement Date, as applicable. If such amount is not, in fact, made available to Agent by such Lender when due, Agent will be entitled to recover such amount on demand from such Lender without set-off, counterclaim, counterclaim or deduction of any kind. (ii2) Nothing contained in this Section 11-A.5(b11.6(B) will be deemed to relieve a Lender of its obligation to fulfill its commitments Commitments or to prejudice any rights Agent or Borrower may have against such Lender as a result of any default by such Lender under this Agreement.

Availability of Lender's Pro Rata Share. (i1) Unless Agent has been notified by a Lender prior to any proposed funding date a Funding Date of such Lender's intention not to fund its Pro Rata Share of the Advance Loan amount requested by BorrowerBorrower Representative, Agent may assume that such Lender will make such amount available to Agent on the proposed funding date Funding Date or the Business Day following the next Settlement Date, as applicable. If such amount is not, in fact, made available to Agent by such Lender when due, Agent will be entitled to recover such amount on demand from such Lender without set-off, counterclaim, counterclaim or deduction of any kind. (ii2) Nothing contained in this Section 11-A.5(bsubsection 9.6(B) will be deemed to relieve a Lender of its obligation to fulfill its commitments Commitments or to prejudice any rights Agent or Borrower Borrowers may have against such Lender as a result of any default by such Lender under this Agreement.

Availability of Lender's Pro Rata Share. (i) Unless Agent has been notified by a Lender prior to any proposed funding date of such Lender's ’s intention not to fund its Pro Rata Share of the a Protective Advance amount requested by BorrowerBorrowers, Agent may assume that such Lender will make such amount available to Agent on the proposed funding date or the Business Day following the next Settlement Date, as applicable. If such amount is not, in fact, made available to Agent by such Lender when due, Agent will be entitled to recover such amount on demand from such Lender without set-off, counterclaim, or deduction of any kind. (ii) Nothing contained in this Section 11-A.5(b11.5(b) will be deemed to relieve a Lender of its obligation to fulfill its commitments or to prejudice any rights Agent or Borrower Borrowers may have against such Lender as a result of any default by such Lender under this Agreement.

Availability of Lender's Pro Rata Share. (i) Unless Agent has been notified by a Lender prior to any proposed funding date of such Lender's ’s intention not to fund its Pro Rata Share of the Advance amount requested by Borrower, Agent may assume that such Lender will make such amount available to Agent on the proposed funding date or the Business Day following the next Settlement Date, as applicable. If such amount is not, in fact, made available to Agent by such Lender when due, Agent will be entitled to recover such amount on demand from such Lender without set-off, counterclaim, or deduction of any kind. (ii) Nothing contained in this Section 11-A.5(b) will be deemed to relieve a Lender of its obligation to fulfill its commitments or to prejudice any rights Agent or Borrower may have against such Lender as a result of any default by such Lender under this Agreement.

Availability of Lender's Pro Rata Share. (i) Unless Agent has been notified by a Lender prior to any proposed funding date of such Lender's intention not to fund its Pro Rata Share of the Advance amount requested by Borrower, Agent may assume that such Lender will make such amount available to Agent on the proposed funding date or the Business Day following the next Settlement Date, as applicable. If such amount is not, in fact, made available to Agent by such Lender when due, Agent will be entitled to recover such amount on demand from such Lender without set-off, counterclaim, or deduction of any kind. (ii) Nothing contained in this Section 11-A.5(b11.7(b) will be deemed to relieve a Lender of its obligation to fulfill its commitments or to prejudice any rights Agent or Borrower may have against such Lender as a result of any default by such Lender under this Agreement.

Availability of Lender's Pro Rata Share. (i1) Unless Administrative Agent has been notified by a Lender prior to any proposed funding date a Funding Date of such Lender's intention not to fund its Pro Rata Share of the Advance Loan amount requested by Borrower, Administrative Agent may assume that such Lender will make such amount available to Administrative Agent on the proposed funding date or the Business Day following the next Settlement Date, as applicable. If such amount is not, in fact, made available to Administrative Agent by such Lender when due, Administrative Agent will be entitled to recover such amount on demand from on such Lender without set-off, counterclaim, counterclaim or deduction of any kind. (ii2) Nothing contained in this Section 11-A.5(bsubsection 9.6(B) will be deemed to relieve a Lender of its obligation to fulfill its commitments Commitments or to prejudice any rights Administrative Agent or any Borrower may have against such Lender as a result of any default by such Lender under this Agreement.