Common use of Availability of Loans Clause in Contracts

Availability of Loans. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, however, that the Revolving Credit Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’ failure to make Loans as required. Unless Agent shall have been notified by a Lender prior to the time a Loan is to be made hereunder that such Lender does not intend to make its share of such Loan available to Agent, Agent may assume that such Lender will make its share of such Loan available to Agent, and Agent may in reliance upon such assumption make available to Borrower a corresponding amount. If such corresponding amount is not in fact made available to Agent by such Lender and Agent has made such amount available to Borrower, Agent shall be entitled to receive such amount from such Lender forthwith upon its demand, together with interest thereon in respect of each day during the period from and including the date such amount was made available to Borrower to but excluding the date Agent recovers such amount from such Lender at a rate per annum equal to the Federal Funds Rate for the first 3 days and, thereafter, at a rate per annum equal to the rate applicable to Prime Rate Revolving Loans. If such amount is not in fact made available to Agent by such Lender upon such demand, Agent shall be entitled to receive such amount from Borrower forthwith upon its demand (and in no event later than the Business Day immediately succeeding the day such demand is made), together with interest thereon at the rate applicable to a Prime Rate Revolving Loan in respect of each day during the period commencing on the date such amount was made available to Borrower and ending on but excluding the date Agent recovers such amount from Borrower. Borrower’s obligation hereunder shall not affect any rights Borrower may have against any Defaulting Lender.

Availability of Loans. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, however, that the Revolving Credit Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’ ' failure to make Loans as required. Unless Agent shall have been notified by a Lender prior to the time a Loan is to be made hereunder that such Lender does not intend to make its share of such Loan available to Agent, Agent may assume that such Lender will make its share of such Loan available to Agent, and Agent may in reliance upon such assumption make available to Borrower Borrowers a corresponding amount. If such corresponding amount is not in fact made available to Agent by such Lender and Agent has made such amount available to BorrowerBorrowers, Agent shall be entitled to receive such amount from such Lender forthwith upon its demand, together with interest thereon in respect of each day during the period from and including the date such amount was made available to Borrower Borrowers to but excluding the date Agent recovers such amount from such Lender at a rate per annum equal to the Federal Funds Rate for the first 3 three (3) days and, thereafter, at a rate per annum equal to the rate applicable to Prime Rate Revolving Loans. If such amount is not in fact made available to Agent by such Lender upon such demand, Agent shall be entitled to receive such amount from Borrower Borrowers forthwith upon its demand (and in no event later than the Business Day immediately succeeding the day such demand is made)demand, together with interest thereon at the rate applicable to a Prime Rate Revolving Loan Loans in respect of each day during the period commencing on the date such amount was made available to Borrower Borrowers and ending on but excluding the date Agent recovers such amount from Borrower. Borrower’s obligation hereunder shall not affect any rights Borrower may have against any Defaulting LenderBorrowers.

Availability of Loans. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, however, that the Revolving Credit Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’ failure to make Loans as required. Unless Agent shall have been notified by a Lender prior to the time a Loan is to be made hereunder that such Lender does not intend to make its share of such Loan available to Agent, Agent may assume that such Lender will make its share of such Loan available to Agent, and Agent may in reliance upon such assumption make available to Borrower a corresponding amount. If such corresponding amount is not in fact made available to Agent by such Lender and Agent has made such amount available to Borrower, Agent shall be entitled to receive such amount from such Lender forthwith upon its demand, together with interest thereon in respect of each day during the period from and including the date such amount was made available to Borrower to but excluding the date Agent recovers such amount from such Lender at a rate per annum equal to the Federal Funds Rate for the first 3 three days and, thereafter, at a rate per annum equal to the rate applicable to Prime Rate Revolving Loans. If such amount is not in fact made available to Agent by such Lender upon such demand, Agent shall be entitled to receive such amount from Borrower forthwith upon its demand five (and in no event later than the 5) Business Day immediately succeeding the day such demand is made)Days written notice, together with interest thereon at the rate applicable to a Prime Rate Revolving specified in the Advance Request for such Loan in respect of each day during the period commencing on the date such amount was made available to Borrower and ending on but excluding the date Agent recovers such amount from Borrower. Borrower’s obligation hereunder shall not affect any rights Borrower may have against any Defaulting Lender.

Availability of Loans. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, however, that the Revolving Credit Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’ failure to make Loans as required. Unless Agent shall have been notified by a Lender prior to the time a Loan is to be made hereunder that such Lender does not intend to make its share of such Loan available to Agent, Agent may assume that such Lender will make its share of such Loan available to Agent, and Agent may in reliance upon such assumption make available to Borrower a corresponding amount. If such corresponding amount is not in fact made available to Agent by such Lender and Agent has made such amount available to Borrower, Agent shall be entitled to receive such amount from such Lender forthwith upon its demand, together with interest thereon in respect of each day during the period from and including the date such amount was made available to Borrower to but excluding the date Agent recovers such amount from such Lender at a rate per annum equal to the Federal Funds Rate for the first 3 three days and, thereafter, at a rate per annum equal to the rate applicable to a Prime Rate Revolving LoansLoan or Prime Rate Term Loan, as applicable. If such amount is not in fact made available to Agent by such Lender upon such demand, Agent shall be entitled to receive such amount from Borrower forthwith upon its demand five (and in no event later than the 5) Business Day immediately succeeding the day such demand is made)Days written notice, together with interest thereon at the rate applicable to a Prime Rate Revolving specified in the Advance Request for such Loan in respect of each day during the period commencing on the date such amount was made available to Borrower and ending on but excluding the date Agent recovers such amount from Borrower. Borrower’s obligation hereunder shall not affect any rights Borrower may have against any Defaulting Lender.