Common use of Disbursements of Advances Clause in Contracts

Disbursements of Advances. (a) Promptly, but in any event not later than 5:00 P.M. (San Francisco time) on the same Business Day on which Administrative Agent receives a Notice of Borrowing, Administrative Agent shall send a copy thereof by facsimile to each other Lender and shall otherwise notify each Lender of the proposed Advance and the Funding Date. Each Lender shall make available to Administrative Agent (or the funding bank or entity designated by Administrative Agent), the amount of such Lender's Pro Rata Share of such Advance in immediately available funds not later than the times designated in Section 10.3(b). Unless Administrative Agent shall have been notified by any Lender not later than the close of business (San Francisco time) on the Business Day immediately preceding the Funding Date in respect of any Advance that such Lender does not intend to make available to Administrative Agent such Lender's Pro Rata Share of such Advance, Administrative Agent may assume that such Lender shall make such amount available to Administrative Agent. If any Lender does not notify Administrative Agent of its intention not to make available its Pro Rata Share of such Advance as described above, but does not for any reason make available to Administrative Agent such Lender's Pro Rata Share of such Advance, such Lender shall pay to Administrative Agent forthwith on demand such amount, together with interest thereon at the Federal Funds Rate. In any case where a Lender does not for any reason make available to Administrative Agent such Lender's Pro Rata Share of such Advance, Administrative Agent, in its sole discretion, may, but shall not be obligated to, fund to Borrower such Lender's Pro Rata Share of such Advance. If Administrative Agent funds to Borrower such Lender's Pro Rata Share of such Advance and if such Lender subsequently pays to Administrative Agent such corresponding amount, such amount so paid shall constitute such Lender's Pro Rata Share of such Advance. Nothing in this Section 10.3(a) shall alter the respective rights and obligations of the parties hereunder in respect of a Defaulting Lender or a Non-Pro Rata Advance.

Appears in 1 contract

Samples: Revolving Credit Agreement (Arden Realty Limited Partnership)

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Disbursements of Advances. (a) Promptly, but in any event not later than 5:00 P.M. p.m. (San Francisco time) on the same Business Day on which Administrative Agent receives a Notice of Borrowing, Administrative Agent shall send a copy thereof by facsimile to each other Lender and shall otherwise notify each Lender of the proposed Advance and the Funding Date. Each Lender shall make available to Administrative Agent (or the funding bank or entity designated by Administrative Agent), the amount of such LenderLeader's Pro Rata Share of such Advance in immediately available funds not later than the times designated in Section 10.3(bSECTION 11.3(b). Unless Administrative Agent shall have been notified by any Lender not later than the close of business (San Francisco time) on the Business Day immediately preceding the Funding Date in respect of any Advance that such Lender does not intend to make available to Administrative Agent such Lender's Pro Rata Share of such Advance, Administrative Agent may assume that such Lender shall make such amount available to Administrative Agent. If any Lender does not notify Administrative Agent of its intention not to make available its Pro Rata Share of such Advance as described above, but does not for any reason make available to Administrative Agent such Lender's Pro Rata Share of such Advance, such Lender shall pay to Administrative Agent forthwith on demand such amount, together with interest thereon at the Federal Funds Rate. In any case where a Lender does not for any reason make available to Administrative Agent such Lender's Pro Rata Share of such Advance, Administrative Agent, in its sole discretion, may, but shall not be obligated to, fund to Borrower such Lender's Pro Rata Share of such Advance. If Administrative Agent funds to Borrower such Lender's Pro Rata Share of such Advance and if such Lender subsequently pays to Administrative Agent such corresponding amount, such amount so paid shall constitute such Lender's Pro Rata Share of such Advance. Nothing in this Section 10.3(aSECTION 11.3(a) shall alter the respective rights and obligations of the parties hereunder in respect of a Defaulting Lender or a Non-Pro Rata Advance. (b) Requests by Agent for funding by Lenders of Advances will be made by telecopy. Each Lender shall make the amount of its Advance available to Agent in Dollars and in immediately available funds, to such bank and account, in El Segundo, California as Agent may designate, not later than 9:00 A.M. (San Francisco time) on the Funding Date designated in the Notice of Borrowing with respect to such Advance, but in no event earlier than two (2) Business Days following such Lender's receipt of the applicable Notice of Borrowing. (c) Nothing in this SECTION 11.3 shall be deemed to relieve any Lender of its obligation hereunder to make its Pro Rata Share of any Advance on the applicable Funding Date, nor shall any Lender be responsible for the failure of any other Lender to perform its obligations to make any Advance hereunder, and the Commitment of any Lender shall not be increased or decreased as a result of the failure by any other Lender to perform its obligation to make an Advance.

Appears in 1 contract

Samples: Revolving Credit Agreement (Arden Realty Inc)

Disbursements of Advances. (a) Promptly, but in any event not later than 5:00 P.M. p.m. (San Francisco time) on the same Business Day on which Administrative Agent receives a Notice of Borrowing, Administrative Agent shall send a copy thereof by facsimile to each other Lender and shall otherwise notify each Lender of the proposed Advance and the Funding Date. Each Lender shall make available to Administrative Agent (or the funding bank or entity designated by Administrative Agent), the amount of such Lender's Pro Rata Share of such Advance in immediately available funds not later than the times designated in Section 10.3(b). Unless Administrative Agent shall have been notified by any Lender not later than the close of business (San Francisco time) on the Business Day immediately preceding the Funding Date in respect of any Advance that such Lender does not intend to make available to Administrative Agent such Lender's Pro Rata Share of such Advance, Administrative Agent may assume that such Lender shall make such amount available to Administrative Agent. If any Lender does not notify Administrative Agent of its intention not to make available its Pro Rata Share of such Advance as described above, but does not for any reason make available to Administrative Agent such Lender's Pro Rata Share of such Advance, such Lender shall pay to Administrative Agent forthwith on demand such amount, together with interest thereon at the Federal Funds Rate. In any case where a Lender does not for any reason make available to Administrative Agent such Lender's Pro Rata Share of such Advance, Administrative Agent, in its sole discretion, may, but shall not be obligated to, fund to Borrower such Lender's Pro Rata Share of such Advance. If Administrative Agent funds to Borrower such Lender's Pro Rata Share of such Advance and if such Lender subsequently pays to Administrative Agent such corresponding amount, such amount so paid shall constitute such Lender's Pro Rata Share of such Advance. Nothing in this Section 10.3(a) shall alter the respective rights and obligations of the parties hereunder in respect of a Defaulting Lender or a Non-Pro Rata Advance.

Appears in 1 contract

Samples: Revolving Credit Agreement (Arden Realty Inc)

Disbursements of Advances. (a) Promptly, but in any event not later than 5:00 P.M. p.m. (San Francisco time) on the same Business Day on which Administrative Agent receives a Notice of Borrowing, Administrative Agent shall send a copy thereof by facsimile to each other Lender and shall otherwise notify each Lender of the proposed Advance and the Funding Date. Each Lender shall make available to Administrative Agent (or the funding bank or entity designated by Administrative Agent), the amount of such Lender's Pro Rata Share of such Advance in immediately available funds not later than the times designated in Section SECTION 10.3(b). Unless Administrative Agent shall have been notified by any Lender not later than the close of business (San Francisco time) on the Business Day immediately preceding the Funding Date in respect of any Advance that such Lender does not intend to make available to Administrative Agent such Lender's Pro Rata Share of such Advance, Administrative Agent may assume that such Lender shall make such amount available to Administrative Agent. If any Lender does not notify Administrative Agent of its intention not to make available its Pro Rata Share of such Advance as described above, but does not for any reason make available to Administrative Agent such Lender's Pro Rata Share of such Advance, such Lender shall pay to Administrative Agent forthwith on demand such amount, together with interest thereon at the Federal Funds Rate. In any case where a Lender does not for any reason make available to Administrative Agent such Lender's Pro Rata Share of such Advance, Administrative Agent, in its sole discretion, may, but shall not be obligated to, fund to Borrower such Lender's Pro Rata Share of such Advance. If Administrative Agent funds to Borrower such Lender's Pro Rata Share of such Advance and if such Lender subsequently pays to Administrative Agent such corresponding amount, such amount so paid shall constitute such Lender's Pro Rata Share of such Advance. Nothing in this Section SECTION 10.3(a) shall alter the respective rights and obligations of the parties hereunder in respect of a Defaulting Lender or a Non-Pro Rata Advance.

Appears in 1 contract

Samples: Revolving Credit Agreement (Arden Realty Inc)

Disbursements of Advances. (a) Promptly, but in any event not later than 5:00 P.M. (San Francisco time) on the same Business Day on which Administrative Agent receives a Notice of Borrowing, Administrative Agent shall send a copy thereof by facsimile to each other Lender and shall otherwise notify each Lender of the proposed Advance and the Funding Date. Each Lender shall make available to Administrative Agent (or the funding bank or entity designated by Administrative Agent), the amount of such Lender's ’s Pro Rata Share of such Advance in immediately available funds not later than the times designated in Section 10.3(b). Unless Administrative Agent shall have been notified by any Lender not later than the close of business (San Francisco time) on the Business Day immediately preceding the Funding Date in respect of any Advance that such Lender does not intend to make available to Administrative Agent such Lender's ’s Pro Rata Share of such Advance, Administrative Agent may assume that such Lender shall make such amount available to Administrative Agent. If any Lender does not notify Administrative Agent of its intention not to make available its Pro Rata Share of such Advance as described above, but does not for any reason make available to Administrative Agent such Lender's ’s Pro Rata Share of such Advance, such Lender shall pay to Administrative Agent forthwith on demand such amount, together with interest thereon at the Federal Funds Rate. In any case where a Lender does not for any reason make available to Administrative Agent such Lender's ’s Pro Rata Share of such Advance, Administrative Agent, in its sole discretion, may, but shall not be obligated to, fund to Borrower such Lender's ’s Pro Rata Share of such Advance. If Administrative Agent funds to Borrower such Lender's ’s Pro Rata Share of such Advance and if such Lender subsequently pays to Administrative Agent such corresponding amount, such amount so paid shall constitute such Lender's ’s Pro Rata Share of such Advance. Nothing in this Section 10.3(a) shall alter the respective rights and obligations of the parties hereunder in respect of a Defaulting Lender or a Non-Pro Rata Advance. (b) Requests by Administrative Agent for funding by the Lenders of Advances will be made by telecopy. Each Lender shall make the amount of its Advance available to Administrative Agent in Dollars and in immediately available funds, to such bank and account, in El Segundo, California as Administrative Agent may designate, not later than 9:00 A.M. (San Francisco time) on the Funding Date designated in the Notice of Borrowing with respect to such Advance, but in no event earlier than two (2) Business Days following such Lender’s receipt of the applicable Notice of Borrowing.

Appears in 1 contract

Samples: Revolving Credit Agreement (Arden Realty Inc)

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Disbursements of Advances. (a) Promptly, but in any event not later than 5:00 P.M. p.m. (San Francisco New York City time) on the same Business Day on which Administrative Agent receives a Notice of Borrowing, Administrative Agent shall send a copy thereof by facsimile to each other Lender and shall otherwise notify each Lender of the proposed Advance and the Funding Date. Each Lender shall make available to Administrative Agent (or the funding bank or entity designated by Administrative Agent), the amount of such Lender's Pro Rata Share of such Advance in immediately available funds not later than the times designated in Section 10.3(b). Unless Administrative Agent shall have been notified by any Lender not later than the close of business (San Francisco New York City time) on the Business Day immediately preceding the Funding Date in respect of any Advance that such Lender does not intend to make available to Administrative Agent such Lender's Pro Rata Share of such Advance, Administrative Agent may assume that such Lender shall make such amount available to Administrative Agent. If any Lender does not notify Administrative Agent of its intention not to make available its Pro Rata Share of such Advance as described above, but does not for any reason make (b) Requests by Administrative Agent for funding by the Lenders of Advances will be made by telecopy. Each Lender shall make the amount of its Advance available to Administrative Agent in Dollars and in immediately available funds, to such bank and account, in New York City, New York as Administrative Agent may designate, not later than 9:00 A.M. (New York City time) on the Funding Date designated in the Notice of Borrowing with respect to such Advance, but in no event earlier than two (2) Business Days following such Lender's receipt of the applicable Notice of Borrowing. (c) Nothing in this Section 10.3 shall be deemed to relieve any Lender of its obligation hereunder to make its Pro Rata Share of such Advanceany Advance on the applicable Funding Date, such nor shall any Lender shall pay be responsible for the failure of any other Lender to Administrative Agent forthwith on demand such amountperform its obligations to make any Advance hereunder, together with interest thereon at and the Federal Funds Rate. In any case where a Lender does not for any reason make available to Administrative Agent such Lender's Pro Rata Share of such Advance, Administrative Agent, in its sole discretion, may, but any Lender shall not be obligated to, fund to Borrower such Lender's Pro Rata Share of such Advance. If Administrative Agent funds to Borrower such Lender's Pro Rata Share of such Advance and if such Lender subsequently pays to Administrative Agent such corresponding amount, such amount so paid shall constitute such Lender's Pro Rata Share of such Advance. Nothing in this Section 10.3(a) shall alter the respective rights and obligations increased or decreased as a result of the parties hereunder in respect of a Defaulting failure by any other Lender or a Non-Pro Rata to perform its obligation to make an Advance.

Appears in 1 contract

Samples: Senior Unsecured Credit Agreement (Arden Realty Inc)

Disbursements of Advances. (a) Promptly, but in any event not later than 5:00 P.M. p.m. (San Francisco time) on the same Business Day on which Administrative Agent receives a Notice of Borrowing, Administrative Agent shall send a copy thereof by facsimile to each other Lender and shall otherwise notify each Lender of the proposed Advance and the Funding Date. Each Lender shall make available to Administrative Agent (or the funding bank or entity designated by Administrative Agent), the amount of such Lender's Pro Rata Share of such Advance in immediately available funds not later than the times designated in Section 10.3(b11.10(b). Unless Administrative Agent shall have been notified by any Lender not later than the close of business (San Francisco time) on the Business Day immediately preceding the Funding Date in respect of any Advance that such Lender does not intend to make available to Administrative Agent such Lender's Pro Rata Share of such Advance, Administrative Agent may assume that such Lender shall make such amount available to Administrative Agent. If any Lender does not notify Administrative Agent of its intention not to make available its Pro Rata Share of such Advance as described above, but does not for any reason make available to Administrative Agent such Lender's Pro Rata Share of such Advance, such Lender shall pay to Administrative Agent forthwith on demand such amount, together with interest thereon at the Federal Funds Rate. In any case where a Lender does not for any reason make available to Administrative Agent such Lender's Pro Rata Share of such Advance, Administrative Agent, in its sole discretion, may, but shall not be obligated to, fund to Borrower such Lender's Pro Rata Share of such Advance. If Administrative Agent funds to Borrower such Lender's Pro Rata Share of such Advance and if such Lender subsequently pays to Administrative Agent such corresponding amount, such amount so paid shall constitute such Lender's Pro Rata Share of such Advance. Nothing in this Section 10.3(a11.10(a) shall alter the respective rights and obligations of the parties hereunder in respect of a Defaulting Lender or a Non-Pro Rata Advance. (b) Requests by Agent for funding by Lenders of Advances will be made by telecopy. Each Lender shall make the amount of its Advance available to Agent in Dollars and in immediately available funds, to such bank and account, in El Segundo, California as Agent may designate, not later than 9:00 A.M. (San Francisco time) on the Funding Date designated in the Notice of Borrowing with respect to such Advance, but in no event earlier than two (2) Business Days following such Lender's receipt of the applicable Notice of Borrowing. (c) Nothing in this Section 11.10 shall be deemed to relieve any Lender of its obligation hereunder to make its Pro Rata Share of any Advance on the applicable Funding Date, nor shall any Lender be responsible for the failure of any other Lender to perform its obligations to make any Advance hereunder, and the Pro Rata Share of any Lender shall not be increased or decreased as a result of the failure by any other Lender to perform its obligation to make an Advance.

Appears in 1 contract

Samples: Revolving Credit Agreement (Price Enterprises Inc)

Disbursements of Advances. (a1) Promptly, but in any event not later than 5:00 P.M. p.m. (San Francisco time) on the same Business Day on which Administrative Agent receives a Notice of Borrowing, Administrative Agent shall send a copy thereof by facsimile to each other Lender and shall otherwise notify each Lender of the proposed Advance and the Funding Date. Each Lender shall make available to Administrative Agent (or the funding bank or entity designated by Administrative Agent), the amount of such Lender's Pro Rata Share of such Advance in immediately available funds not later than the times designated in Section 10.3(bSECTION 11.10(b). Unless Administrative Agent shall have been notified by any Lender not later than the close of business (San Francisco time) on the Business Day immediately preceding the Funding Date in respect of any Advance that such Lender does not intend to make available to Administrative Agent such Lender's Pro Rata Share of such Advance, Administrative Agent may assume that such Lender shall make such amount available to Administrative Agent. If any Lender does not notify Administrative Agent of its intention not to make available its Pro Rata Share of such Advance as described above, but does not for any reason make available to Administrative Agent such Lender's Pro Rata Share of such Advance, such Lender shall pay to Administrative Agent forthwith on demand such amount, together with interest thereon at the Federal Funds Rate. In any case where a Lender does not for any reason make available to Administrative Agent such Lender's Pro Rata Share of such Advance, Administrative Agent, in its sole discretion, may, but shall not be obligated to, fund to Borrower such Lender's Pro Rata Share of such Advance. If Administrative Agent funds to Borrower such Lender's Pro Rata Share of such Advance and if such Lender subsequently pays to Administrative Agent such corresponding amount, such amount so paid shall constitute such Lender's Pro Rata Share of such Advance. Nothing in this Section 10.3(aSECTION 11.10(a) shall alter the respective rights and obligations of the parties hereunder in respect of a Defaulting Lender or a Non-Pro Rata Advance.

Appears in 1 contract

Samples: Revolving Credit Agreement (Price Enterprises Inc)

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