Common use of Borrowings and Payments Generally Clause in Contracts

Borrowings and Payments Generally. (a) Unless the KEXIM Facility Agent has received notice from the Borrower prior to the date on which any payment is due to the KEXIM Facility Agent for the account of the KEXIM Covered Facility Lenders hereunder that the Borrower will not make such payment, the KEXIM Facility Agent may assume that the Borrower has made such payment on such date in accordance with this Agreement and may, in reliance upon such assumption, distribute to the KEXIM Covered Facility Lenders the amount due. If the Borrower has not in fact made such payment, then each of the KEXIM Covered Facility Lenders severally agrees to repay to the KEXIM Facility Agent forthwith on demand the amount so distributed to such KEXIM Covered Facility Lender in immediately available funds with interest thereon, for each day from (and including) the date such amount is distributed to it to (but excluding) the date of payment to the KEXIM Facility Agent, at the Federal Funds Effective Rate. A notice of the KEXIM Facility Agent to any KEXIM Covered Facility Lender with respect to any amount owing under this Section 3.10 shall be conclusive, absent manifest error. (b) Nothing herein shall be deemed to obligate any KEXIM Covered Facility Lender to obtain funds for any KEXIM Covered Facility Loan in any particular place or manner or to constitute a representation by any KEXIM Covered Facility Lender that it has obtained or will obtain funds for any KEXIM Covered Facility Loan in any particular place or manner. (c) The Borrower hereby authorizes each KEXIM Covered Facility Lender, if and to the extent payment owed to such KEXIM Covered Facility Lender is not made when due under this Agreement or under the KEXIM Covered Facility Notes held by such KEXIM Covered Facility Lender, to charge from time to time against any or all of the Borrower’s accounts with such KEXIM Covered Facility Lender any amount so due.

Appears in 2 contracts

Samples: Kexim Covered Facility Agreement (Cheniere Energy Partners, L.P.), Kexim Covered Facility Agreement (Cheniere Energy Partners, L.P.)

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Borrowings and Payments Generally. (a) Unless the KEXIM Working Capital Facility Agent has received notice from the Borrower prior to the date on which any payment is due to the KEXIM Working Capital Facility Agent for the account of the KEXIM Covered Facility Working Capital Lenders or the Issuing Bank hereunder that the Borrower will not make such payment, the KEXIM Working Capital Facility Agent may assume that the Borrower has made such payment on such date in accordance with this Agreement and may, in reliance upon such assumption, distribute to the KEXIM Covered Facility Working Capital Lenders or applicable Issuing Bank the amount due. If the Borrower has not in fact made such payment, then each of the KEXIM Covered Facility Working Capital Lenders or the Issuing Bank severally agrees to repay to the KEXIM Working Capital Facility Agent forthwith on demand the amount so distributed to such KEXIM Covered Facility Working Capital Lender or Issuing Bank in immediately available funds with interest thereon, for each day from (and including) the date such amount is distributed to it to (but excluding) the date of payment to the KEXIM Working Capital Facility Agent, at a rate per annum equal to the greater of (A) the Federal Funds Effective RateRate and (B) an overnight rate determined by the Working Capital Facility Agent in accordance with banking industry rules on interbank compensation. A notice of the KEXIM Working Capital Facility Agent to any KEXIM Covered Facility Working Capital Lender or Issuing Bank with respect to any amount owing under this Section 3.10 4.14 (Borrowings and Payments Generally) shall be conclusive, absent manifest error. (b) Nothing herein shall be deemed to obligate any KEXIM Covered Facility Working Capital Lender, or Issuing Bank or Swing Line Lender to obtain funds for any KEXIM Covered Facility Working Capital Loan, Swing Line Loan, LC Loan or Letter of Credit reimbursement obligation in any particular place or manner or to constitute a representation by any KEXIM Covered Facility Working Capital Lender, Issuing Bank or Swing Line Lender that it has obtained or will obtain funds for any KEXIM Covered Facility Working Capital Loan, LC Loan or Swing Line Loan in any particular place or manner. (c) The Borrower hereby authorizes each KEXIM Covered Facility Lender, if and to the extent payment owed to such KEXIM Covered Facility Lender is not made when due under this Agreement or under the KEXIM Covered Facility Notes held by such KEXIM Covered Facility Lender, to charge from time to time against any or all of the Borrower’s accounts with such KEXIM Covered Facility Lender any amount so due.

Appears in 2 contracts

Samples: Working Capital Facility Agreement (Cheniere Energy, Inc.), Working Capital Facility Agreement (Cheniere Corpus Christi Holdings, LLC)

Borrowings and Payments Generally. (a) Unless the KEXIM KSURE Covered Facility Agent has received notice from the Borrower prior to the date on which any payment is due to the KEXIM KSURE Covered Facility Agent for the account of the KEXIM KSURE Covered Facility Lenders hereunder that the Borrower will not make such payment, the KEXIM KSURE Covered Facility Agent may assume that the Borrower has made such payment on such date in accordance with this Agreement and may, in reliance upon such assumption, distribute to the KEXIM KSURE Covered Facility Lenders the amount due. If the Borrower has not in fact made such payment, then each of the KEXIM KSURE Covered Facility Lenders severally agrees to repay to the KEXIM KSURE Covered Facility Agent forthwith on demand the amount so distributed to such KEXIM KSURE Covered Facility Lender in immediately available funds with interest thereon, for each day from (and including) the date such amount is distributed to it to (but excluding) the date of payment to the KEXIM KSURE Covered Facility Agent, at the Federal Funds Effective Rate. A notice of the KEXIM KSURE Covered Facility Agent to any KEXIM KSURE Covered Facility Lender with respect to any amount owing under this Section 3.10 shall be conclusive, absent manifest error. (b) Nothing herein shall be deemed to obligate any KEXIM KSURE Covered Facility Lender to obtain funds for any KEXIM KSURE Covered Facility Loan in any particular place or manner or to constitute a representation by any KEXIM KSURE Covered Facility Lender that it has obtained or will obtain funds for any KEXIM KSURE Covered Facility Loan in any particular place or manner. (c) The Borrower hereby authorizes each KEXIM KSURE Covered Facility Lender, if and to the extent payment owed to such KEXIM KSURE Covered Facility Lender is not made when due under this Agreement or under the KEXIM KSURE Covered Facility Notes held by such KEXIM KSURE Covered Facility Lender, to charge from time to time against any or all of the Borrower’s accounts with such KEXIM KSURE Covered Facility Lender any amount so due.

Appears in 2 contracts

Samples: Ksure Covered Facility Agreement (Cheniere Energy Partners, L.P.), Ksure Covered Facility Agreement (Cheniere Energy Partners, L.P.)

Borrowings and Payments Generally. (a) Unless the KEXIM Working Capital Facility Agent has received notice from the Borrower prior to the date on which any payment is due to the KEXIM Working Capital Facility Agent for the account of the KEXIM Covered Facility Working Capital Lenders or the Issuing Bank hereunder that the Borrower will not make such payment, the KEXIM Working Capital Facility Agent may assume that the Borrower has made such payment on such date in accordance with this Agreement and may, in reliance upon such assumption, distribute to the KEXIM Covered Facility Working Capital Lenders or applicable Issuing Bank the amount due. If the Borrower has not in fact made such payment, then each of the KEXIM Covered Facility Working Capital Lenders or the Issuing Bank severally agrees to repay to the KEXIM Working Capital Facility Agent forthwith on demand the amount so distributed to such KEXIM Covered Facility Working Capital Lender or Issuing Bank in immediately available funds with interest thereon, for each day from (and including) the date such amount is distributed to it to (but excluding) the date of payment to the KEXIM Working Capital Facility Agent, at the Federal Funds Effective Rate. A notice of the KEXIM Working Capital Facility Agent to any KEXIM Covered Facility Working Capital Lender or Issuing Bank with respect to any amount owing under this Section 3.10 4.14 (Borrowings and Payments Generally) shall be conclusive, absent manifest error. (ba) Nothing herein shall be deemed to obligate any KEXIM Covered Facility Working Capital Lender, Issuing Bank or Swing Line Lender to obtain funds for any KEXIM Covered Facility Working Capital Loan, Swing Line Loan, LC Loan or Letter of Credit reimbursement obligation in any particular place or manner or to constitute a representation by any KEXIM Covered Facility Working Capital Lender, Issuing Bank or Swing Line Lender that it has obtained or will obtain funds for any KEXIM Covered Facility Working Capital Loan, LC Loan or Swing Line Loan in any particular place or manner. (c) The Borrower hereby authorizes each KEXIM Covered Facility Lender, if and to the extent payment owed to such KEXIM Covered Facility Lender is not made when due under this Agreement or under the KEXIM Covered Facility Notes held by such KEXIM Covered Facility Lender, to charge from time to time against any or all of the Borrower’s accounts with such KEXIM Covered Facility Lender any amount so due.

Appears in 1 contract

Samples: Working Capital Facility Agreement (Cheniere Energy Inc)

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Borrowings and Payments Generally. (a) Unless the KEXIM Working Capital Facility Agent has received notice from the Borrower prior to the date on which any payment is due to the KEXIM Working Capital Facility Agent for the account of the KEXIM Covered Facility Working Capital Lenders or the Issuing Bank hereunder that the Borrower will not make such payment, the KEXIM Working Capital Facility Agent may assume that the Borrower has made such payment on such date in accordance with this Agreement and may, in reliance upon such assumption, distribute to the KEXIM Covered Facility Working Capital Lenders or applicable Issuing Bank the amount due. If the Borrower has not in fact made such payment, then each of the KEXIM Covered Facility Working Capital Lenders or the Issuing Bank severally agrees to repay to the KEXIM Working Capital Facility Agent forthwith on demand the amount so distributed to such KEXIM Covered Facility Working Capital Lender or Issuing Bank in immediately available funds with interest thereon, for each day from (and including) the date such amount is distributed to it to (but excluding) the date of payment to the KEXIM Working Capital Facility Agent, at the Federal Funds Effective Rate. A notice of the KEXIM Working Capital Facility Agent to any KEXIM Covered Facility Working Capital Lender or Issuing Bank with respect to any amount owing under this Section 3.10 4.14 (Borrowings and Payments Generally) shall be conclusive, absent manifest error. (b) Nothing herein shall be deemed to obligate any KEXIM Covered Facility Working Capital Lender or Issuing Bank to obtain funds for any KEXIM Covered Facility Working Capital Loan, LC Loan or Letter of Credit reimbursement obligation in any particular place or manner or to constitute a representation by any KEXIM Covered Facility Working Capital Lender or Issuing Bank that it has obtained or will obtain funds for any KEXIM Covered Facility Working Capital Loan or LC Loan in any particular place or manner. (c) The Borrower hereby authorizes each KEXIM Covered Facility Lender, if and to the extent payment owed to such KEXIM Covered Facility Lender is not made when due under this Agreement or under the KEXIM Covered Facility Notes held by such KEXIM Covered Facility Lender, to charge from time to time against any or all of the Borrower’s accounts with such KEXIM Covered Facility Lender any amount so due.

Appears in 1 contract

Samples: Working Capital Facility Agreement (Cheniere Corpus Christi Holdings, LLC)

Borrowings and Payments Generally. (a) Unless the KEXIM Facility Term Loan A Administrative Agent has received notice from the Borrower prior to the date on which any payment is due to the KEXIM Facility Term Loan A Administrative Agent for the account of the KEXIM Covered Facility Construction/Term Loan Lenders hereunder that the Borrower will not make such payment, the KEXIM Facility Term Loan A Administrative Agent may assume that the Borrower has made such payment on such date in accordance with this Agreement and may, in reliance upon such assumption, distribute to the KEXIM Covered Facility Construction/Term Loan Lenders the amount due. If the Borrower has not in fact made such payment, then each of the KEXIM Covered Facility Construction/Term Loan Lenders severally agrees to repay to the KEXIM Facility Term Loan A Administrative Agent forthwith on demand the amount so distributed to such KEXIM Covered Facility Construction/Term Loan Lender in immediately available funds with interest thereon, for each day from (and including) the date such amount is distributed to it to (but excluding) the date of payment to the KEXIM Facility Term Loan A Administrative Agent, at the Federal Funds Effective Rate. A notice of the KEXIM Facility Term Loan A Administrative Agent to any KEXIM Covered Facility Construction/Term Loan Lender with respect to any amount owing under this Section 3.10 3.12 shall be conclusive, absent manifest error. (b) Nothing herein shall be deemed to obligate any KEXIM Covered Facility Construction/Term Loan Lender to obtain funds for any KEXIM Covered Facility Construction/Term Loan in any particular place or manner or to constitute a representation by any KEXIM Covered Facility Construction/Term Loan Lender that it has obtained or will obtain funds for any KEXIM Covered Facility Construction/Term Loan in any particular place or manner. (c) The Borrower hereby authorizes each KEXIM Covered Facility Construction/Term Loan Lender, if and to the extent payment owed to such KEXIM Covered Facility Construction/Term Loan Lender is not made when due under this Agreement or under the KEXIM Covered Facility Construction/Term Loan Notes held by such KEXIM Covered Facility Construction/Term Loan Lender, to charge from time to time against any or all of the Borrower’s accounts with such KEXIM Covered Facility Construction/Term Loan Lender any amount so due.

Appears in 1 contract

Samples: Credit Agreement (Cheniere Energy Partners, L.P.)

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