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

Availability of Lender's Pro Rata Share. (i) Unless the Agent shall have received notice from a Lender prior to a Funding Date that such Lender will not make available its Pro Rata Share of a Loan requested by the Borrower, the Agent may assume that such Lender will make such amount available to the Agent on the Business Day following the next Settlement Date. If a Lender does not in fact made its Pro Rata Share available to the Agent on such date, then such Lender and the Borrower severally agree to pay to the Agent forthwith on demand such amount without set-off, counterclaim or deduction of any kind, together with interest thereon, for each day from and including the date such amount was to have been made available to the Agent by such Lender to, but excluding, the date of payment to the Agent, at (a) in the case of such Lender, the Federal Funds Rate, or (b) in the case of the Borrower, the interest rate applicable under this Agreement with respect to such Loan. Until any such amount is paid to the Agent, the Agent shall not be obligated to submit to such Lender any payment made by the Borrower to the Agent with respect to any Loan or any fees or other payments with respect thereto. (ii) Nothing contained in this Section 2.2(e) will be deemed to -------------- relieve a Lender of its obligation to fulfill its Commitments or to prejudice any rights the Agent or the Borrower may have against such Lender as a result of any such default by such Lender under this Agreement.

Availability of Lender's Pro Rata Share. (i1) Unless the Agent shall have received notice from a Lender prior to a Funding Date that such Lender will not make available its Pro Rata Share of a Loan requested by the BorrowerParent, the on behalf of Borrowers, Agent may assume that such Lender will make has made such amount available to the Agent on the Business Day following the next Settlement Date. If a Lender does has not in fact made its Pro Rata Share available to the Agent on such date, then such Lender and the Borrower Borrowers severally agree to pay to the Agent forthwith on demand such amount without set-off, counterclaim or deduction of any kind, together with interest thereon, for each day from and including the date such amount was to have been is made available to the Agent by such Lender to, to but excluding, excluding the date of payment to the Agent, at (a) in the case of such Lender, the greater of the Federal Funds Rate, Effective Rate and a rate determined by Agent in accordance with banking industry rules on interbank compensation or (b) in the case of the BorrowerBorrowers, the interest rate applicable under this Agreement with respect to such Loan. Until any such amount is paid to the Agent, the Agent shall not be obligated to submit to such Lender any payment made by the Borrower Borrowers to the Agent with respect to any Loan or any fees or other payments with respect thereto. (ii2) Nothing contained in this Section 2.2(esubsection 8.6(C) will be deemed to -------------- relieve a Lender of its obligation to fulfill its Commitments commitments or to prejudice any rights the Agent or the Borrower Borrowers may have against such Lender as a result of any such default by such Lender under this Agreement.

Availability of Lender's Pro Rata Share. (i1) Unless the Agent shall have received notice from a Lender prior to a Funding Date that such Lender will not make available its Pro Rata Share of a Loan requested by the Borrower, the Agent may assume that such Lender will make has made such amount available to the Agent on the Business Day following the next Settlement Funding Date. If a Lender does has not in fact made its Pro Rata Share available to the Agent on such date, then such Lender and the Borrower severally agree to pay to the Agent forthwith on demand such amount without set-off, counterclaim or deduction of any kind, together with interest thereon, for each day from and including the date such amount was to have been is made available to the Agent by such Lender to, to but excluding, excluding the date of payment to the Agent, at (a) in the case of such Lender, the Federal Funds Rate, prime rate of interest as quoted from time to time in the Money Rates Section of the most recent edition of the Wall Street Journal or (b) in the case of the Borrower, the interest rate applicable under this Agreement with respect to such Loan. Until any such amount is paid to the Agent, the Agent shall not be obligated to submit to such Lender any payment made by the Borrower to the Agent with respect to any Loan or any fees or other payments with respect thereto. (ii2) Nothing contained in this Section 2.2(esubsection 8.6(B) will be deemed to -------------- relieve a Lender of its obligation to fulfill its Commitments commitments or to prejudice any rights the Agent or the Borrower may have against such Lender as a result of any such default by such Lender under this Agreement.

Availability of Lender's Pro Rata Share. (i1) Unless the Agent shall have received notice from a Lender prior to a Funding Date that such Lender will not make available its Pro Rata Share of a Loan requested by the BorrowerBorrower Representative, the Agent may assume that such Lender will make has made such amount available to the Agent on the Business Day following the next Settlement Date. If a Lender does has not in fact made its Pro Rata Share available to the Agent on such date, then such Lender and the Borrower Borrowers severally agree to pay to the Agent forthwith on demand such amount without set-off, counterclaim or deduction of any kind, together with interest thereon, for each day from and including the date such amount was to have been is made available to the Agent by such Lender to, to but excluding, excluding the date of payment to the Agent, at (a) in the case of such Lender, the greater of the Federal Funds Rate, Effective Rate and a rate determined by Agent in accordance with banking industry rules on interbank compensation or (b) in the case of the BorrowerBorrowers, the interest rate applicable under this Agreement with respect to such Loan. Until any such amount is paid to the Agent, the Agent shall not be obligated to submit to such Lender any payment made by the Borrower Borrowers to the Agent with respect to any Loan or any fees or other payments with respect thereto. (ii2) Nothing contained in this Section 2.2(esubsection 8.6(C) ----------------- will be deemed to -------------- relieve a Lender of its obligation to fulfill its Commitments commitments or to prejudice any rights the Agent or the Borrower Borrowers may have against such Lender as a result of any such default by such Lender under this Agreement.

Availability of Lender's Pro Rata Share. (i) Unless the Agent shall have received notice from a Lender prior to a Funding Date that such Lender will not make available its Pro Rata Share of a Loan an Advance requested by the Borrower, the Agent may assume that such Lender will make has made such amount available to the Agent on the Business Day following the next Settlement Date. If a Lender does has not in fact made its Pro Rata Share available to the Agent on such date, then such Lender and the Borrower severally agree to pay pay, without duplication, to the Agent forthwith on demand such amount without set-off, counterclaim or deduction of any kind, together with interest thereon, for each day from and including the date such amount was to have been made available to the Agent by such Lender to, to but excluding, excluding the date of payment to the Agent, at (a) in the case of such Lender, the Federal Funds RateEffective Rate for up to the first 3 days and thereafter at the interest rate applicable hereunder to such Advances, or (b) in the case of the Borrower, the interest rate applicable under this Agreement with respect to such Loan. Until any such amount is paid to the Agent, the Agent shall not be obligated to submit to such Lender any payment made by the Borrower to the Agent with respect to any Loan or any fees or other payments with respect thereto. (ii) Nothing contained in this Section 2.2(e2.3(d) will be deemed to -------------- relieve a Lender of its obligation to fulfill its Commitments commitments or to prejudice any rights the Agent or the Borrower may have against such Lender as a result of any such default by such Lender under this Agreement.

Availability of Lender's Pro Rata Share. (i) Unless the Agent shall have received notice from a Lender prior to a Funding Date that such Lender will not make available its Pro Rata Share of a Loan requested by the Borrower, the Agent may assume that such Lender will make has made such amount available to the Agent on the Business Day following the next Settlement Date. If a Lender does has not in fact made its Pro Rata Share available to the Agent on such date, then such Lender and the Borrower severally agree to pay to the Agent forthwith on demand such amount without set-off, counterclaim or deduction of any kind, together with interest thereon, for each day from and including the date such amount was to have been made available to the Agent by such Lender to, but excluding, the date of payment to the Agent, at (a) in the case of such Lender, the Federal Funds Ratefederal funds rate, or (b) in the case of the Borrower, the interest rate applicable under this Agreement with respect to such Loan. Until any such amount is paid to the Agent, the Agent shall not be obligated to submit to such Lender any payment made by the Borrower to the Agent with respect to any Loan or any fees or other payments with respect thereto. (ii) Nothing contained in this Section 2.2(e2.5(d) will be deemed to -------------- relieve a Lender of its obligation to fulfill its Commitments commitments or to prejudice any rights the Agent or the Borrower may have against such Lender as a result of any such default by such Lender under this Agreement.

Availability of Lender's Pro Rata Share. (i1) Unless the Administrative Agent shall have received notice from a Lender Lender, prior to a Funding Date Date, that such Lender will not make available its to the Administrative Agent such Lender’s Pro Rata Share of a the Loan amount requested by the Borrower, the Administrative Agent may assume that such Lender will has made such share available on such date in accordance with Subsection 8.4 and may, in reliance upon such assumption, make such amount available to the Agent on the Business Day following the next Settlement DateBorrower a corresponding amount. If In such event, if a Lender does has not in fact made its Pro Rata Share of the Loan amount requested by the Borrower available to the Agent on such dateAdministrative Agent, then such the applicable Lender and the Borrower severally agree to pay to the Administrative Agent forthwith on demand such corresponding amount without set-off, counterclaim or deduction of any kind, together with interest thereon, for each day from and including the date such amount was to have been is made available to the Agent by such Lender to, Borrower to but excluding, excluding the date of payment to the Administrative Agent, at (ai) in the case of a payment to be made by such Lender, the greater of the Federal Funds RateRate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation, or and (bii) in the case of a payment to be made by the Borrower, the interest rate applicable under this Agreement with respect to such Loan. Until any If the Borrower and such amount is paid Lender shall pay such interest to the AgentAdministrative Agent for the same or an overlapping period, the Administrative Agent shall not be obligated promptly remit to submit to the Borrower the amount of such Lender any payment made interest paid by the Borrower to the Agent with respect to any Loan or any fees or other payments with respect theretofor such period. (ii2) Nothing contained in this Section 2.2(eSubsection 8.5(B) will be deemed to -------------- relieve a Lender of its obligation to fulfill its Commitments commitments or to prejudice any rights the Administrative Agent or the Borrower may have against such Lender as a result of any such a default by such Lender under this Agreement.

Availability of Lender's Pro Rata Share. (i1) Unless the Agent shall have received notice from a Lender prior to a Funding Date that such Lender will not make available its Pro Rata Share of a Loan requested by the Borrower, the Agent may assume that such Lender will make has made such amount available to the Agent on the Business Day following the next Settlement Date. If a Lender does has not in fact made its Pro Rata Share available to the Agent on such date, then such Lender and the Borrower severally agree to pay to the Agent forthwith on demand such amount without set-off, counterclaim or deduction of any kind, together with interest thereon, for each day from and including the date Business Day following such amount was Settlement Date to have been made available to the Agent by such Lender to, but excluding, excluding the date of payment to the Agent, at (a) in the case of such Lender, the greater of the Federal Funds Rate, Effective Rate and a rate determined by Agent in accordance with banking industry rules on interbank compensation or (b) in the case of the Borrower, the interest rate applicable under this Agreement with respect to such Loan. Until any such amount is paid to the Agent, the Agent shall not be obligated to submit to such Lender any payment made by the Borrower to the Agent with respect to any Loan or any fees or other payments with respect thereto. (ii2) Nothing contained in this Section 2.2(esubsection 8.6(C) will be deemed to -------------- relieve a Lender of its obligation to fulfill its Commitments commitments or to prejudice any rights the Agent or the Borrower may have against such Lender as a result of any such default by such Lender under this Agreement.