Disbursements of Revolving Loan Proceeds. (a) Following receipt of a Draw Request, Administrative Agent shall promptly provide each Lender with a copy of such Draw Request. Administrative Agent shall notify each Lender telephonically (with confirmation by electronic mail) or by electronic mail (with confirmation by telephone) not later than 1:00 p.m. Administrative Agent’s Time three (3) Business Days prior to the advance Funding Date for LIBOR Rate Principal advances, and one (1) Business Day prior to the advance Funding Date for all other advances, of its Pro Rata Share of the amount Administrative Agent has determined shall be advanced in connection therewith (the “Advance Amount”). In the case of an advance of the Revolving Loan, each Lender shall make the funds for its Pro Rata Share of the Advance Amount available to Administrative Agent not later than 11:00 a.m. Administrative Agent’s Time on the Funding Date thereof. After Administrative Agent’s receipt of the Advance Amount from Lenders, Administrative Agent shall make Revolving Loan Proceeds in an amount equal to the Advance Amount (or, if less, such portion of the Advance Amount that shall have been paid to Administrative Agent by Lenders in accordance with the terms hereof) available to Borrowers on the applicable Funding Date by advancing such funds to Borrowers. (b) Unless Administrative Agent shall have received notice from a Lender prior to the proposed advance Funding Date for LIBOR Rate Principal advances (or, in the case of any other advances, prior to 12:00 p.m. (Administrative Agent’s Time) on such advance Funding Date) that such Lender will not make available to Administrative Agent such Lender’s Pro Rata Share of such Advance Amount, Administrative Agent may assume that such Lender has made such Pro Rata Share available on such date in accordance with Subsection (a) of this Section (or, in the case of any advances other than LIBOR Rate Principal advances, that such Lender has made such Pro Rata Share available in accordance with, and at the time required by Subsection (a) of this Section) and may, in reliance upon such assumption, make available to Borrowers a corresponding amount. In such event, if a Lender has not in fact made its Pro Rata Share of the Advance Amount available to Administrative Agent, then the applicable Lender severally agrees to pay to Administrative Agent forthwith on demand such corresponding amount in immediately available funds with interest thereon, for each day from and including the date such amount is made available to Borrowers to but excluding the date of payment to Administrative Agent, at the greater of the Federal Funds Rate and a rate determined by Administrative Agent in accordance with banking industry rules on interbank compensation, plus any administrative, processing or similar fees customarily charged by Administrative Agent in connection with the foregoing. If such Lender shall pay such interest to Administrative Agent for the same or an overlapping period, Administrative Agent shall promptly remit to Borrower the amount of such interest paid by Borrower for such period. If such Lender pays its Pro Rata Share of the applicable Advance Amount to Administrative Agent, then the amount so paid shall constitute such Lender’s Pro Rata Share of such Advance Amount. A notice of Administrative Agent to any Lender with respect to any amount owing under this Subsection shall be conclusive, absent manifest error. (c) If any Lender makes available to Administrative Agent funds for any Loan advances to be made by such Lender as provided in the foregoing provisions of this Section, and such funds are not made available to Borrower by Administrative Agent because the conditions to the applicable Loan advance set forth in Section 1.3.3 are not satisfied in accordance with the terms hereof, Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest. (d) The obligations of Lenders hereunder to make Loan advances and to make payments pursuant to Section 8.7 are several and not joint. The failure of any Lender to make any Loan advance or to make any payment under Section 8.7 on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Loan advance or to make its payment under Section 8.7. (f) Nothing herein shall be deemed to obligate any Lender to obtain the funds for any Loan advance in any particular place or manner or to constitute a representation by any Lender that it has obtained or will obtain the funds for any Loan advance in any particular place or manner.
Appears in 2 contracts
Samples: Loan Agreement (KBS Real Estate Investment Trust II, Inc.), Loan Agreement (KBS Real Estate Investment Trust III, Inc.)
Disbursements of Revolving Loan Proceeds. (a) Following receipt of a Draw Request, Administrative Agent shall promptly provide each Lender with a copy of such Draw Request. Administrative Agent shall notify each Lender telephonically (with confirmation by electronic mail) or by electronic mail (with confirmation by telephone) not No later than 1:00 p.m. Administrative Agent’s Time three (3) Business Days prior on the date specified in the Notice of Revolving Borrowing, each Revolving Lender will make available for the account of its applicable Lending Office to the advance Funding Date for LIBOR Rate Principal advances, and one (1) Business Day prior to the advance Funding Date for all other advances, of its Pro Rata Share of the amount Administrative Agent has determined shall be advanced at the Principal Office, in connection therewith (immediately available funds, the “Advance Amount”). In the case of an advance proceeds of the Revolving LoanLoan to be made by such Revolving Lender. Subject to satisfaction of the applicable conditions set forth in Article V. for such borrowing, each Lender shall the Administrative Agent will make the funds for its Pro Rata Share proceeds of the Advance Amount such borrowing available to Administrative Agent not the Borrower no later than 11:00 a.m. Administrative Agent’s Time 2:00 p.m. on the Funding Date thereofdate and at the account specified by the Borrower in such Notice of Revolving Borrowing. After Administrative Agent’s receipt of With respect to Revolving Loans to be made after the Advance Amount from LendersEffective Date, Administrative Agent shall make Revolving Loan Proceeds in an amount equal to unless the Advance Amount (or, if less, such portion of the Advance Amount that shall have been paid to Administrative Agent by Lenders in accordance with the terms hereof) available to Borrowers on the applicable Funding Date by advancing such funds to Borrowers.
(b) Unless Administrative Agent shall have received notice from a been notified by any Revolving Lender prior to the proposed advance Funding Date for LIBOR Rate Principal advances (or, in the case specified 34 date of any other advances, prior to 12:00 p.m. (Administrative Agent’s Time) on such advance Funding Date) borrowing that such Revolving Lender will does not intend to make available to the Administrative Agent the Revolving Loan to be made by such Lender’s Pro Rata Share of Revolving Lender on such Advance Amountdate, the Administrative Agent may assume that such Revolving Lender has made will make the proceeds of such Pro Rata Share Revolving Loan available to the Administrative Agent on such the date in accordance with Subsection (a) of this Section (or, the requested borrowing as set forth in the case Notice of any advances other than LIBOR Rate Principal advances, that such Lender has made such Pro Rata Share available in accordance with, Revolving Borrowing and at the time required by Subsection Administrative Agent may (a) of this Section) and maybut shall not be obligated to), in reliance upon such assumption, make available to Borrowers a corresponding amountthe Borrower the amount of such Revolving Loan to be provided by such Revolving Lender. In such event, if a such Revolving Lender has does not in fact made its Pro Rata Share of the Advance Amount make available to the Administrative AgentAgent the proceeds of such Revolving Loan, then such Revolving Lender and the applicable Lender Borrower severally agrees agree to pay to the Administrative Agent forthwith on demand the amount of such corresponding amount in immediately available funds Revolving Loan with interest thereon, for each day from and including the date such amount Revolving Loan is made available to Borrowers to the Borrower but excluding the date of payment to the Administrative Agent, at (i) in the case of a payment to be made by such Lender, the greater of the Federal Funds Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensationcompensation and (ii) in the case of a payment to be made by the Borrower, plus any administrative, processing or similar fees customarily charged by Administrative Agent in connection with the foregoinginterest rate applicable to such borrowing of Revolving Loans. If the Borrower and such Revolving Lender shall pay the amount of such interest to the Administrative Agent for the same or an overlapping period, the Administrative Agent shall promptly remit to the Borrower the amount of such interest paid by the Borrower for such period. If such Revolving Lender pays its Pro Rata Share to the Administrative Agent the amount of the applicable Advance Amount to Administrative Agentsuch Revolving Loan, then the amount so paid shall constitute such Revolving Lender’s Pro Rata Share of such Advance AmountRevolving Loan included in the borrowing. A notice of Administrative Agent Any payment by the Borrower shall be without prejudice to any claim the Borrower may have against a Revolving Lender with respect that shall have failed to any amount owing under this Subsection shall be conclusive, absent manifest error.
(c) If any Lender makes make available to Administrative Agent funds for any the proceeds of a Revolving Loan advances to be made by such Lender as provided in the foregoing provisions of this Section, and such funds are not made available to Borrower by Administrative Agent because the conditions to the applicable Loan advance set forth in Section 1.3.3 are not satisfied in accordance with the terms hereof, Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.
(d) The obligations of Lenders hereunder to make Loan advances and to make payments pursuant to Section 8.7 are several and not joint. The failure of any Lender to make any Loan advance or to make any payment under Section 8.7 on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Loan advance or to make its payment under Section 8.7.
(f) Nothing herein shall be deemed to obligate any Lender to obtain the funds for any Loan advance in any particular place or manner or to constitute a representation by any Lender that it has obtained or will obtain the funds for any Loan advance in any particular place or manner.
Appears in 1 contract
Samples: Credit Agreement (Corporate Office Properties, L.P.)
Disbursements of Revolving Loan Proceeds. (a) Following receipt of a Draw Request, Administrative Agent shall promptly provide each Lender with a copy of such Draw Request. Administrative Agent shall notify each Lender telephonically (with confirmation by electronic mail) or by electronic mail (with confirmation by telephone) not No later than 1:00 p.m. Administrative Agent’s Time three (3) Business Days prior on the date specified in the Notice of Revolving Borrowing, each Revolving Lender will make available for the account of its applicable Lending Office to the advance Funding Date for LIBOR Rate Principal advances, and one (1) Business Day prior to the advance Funding Date for all other advances, of its Pro Rata Share of the amount Administrative Agent has determined shall be advanced at the Principal Office, in connection therewith (immediately available funds, the “Advance Amount”). In the case of an advance proceeds of the Revolving LoanLoan to be made by such Revolving Lender. Subject to satisfaction of the applicable conditions set forth in Article V. for such borrowing, each Lender shall the Administrative Agent will make the funds for its Pro Rata Share proceeds of the Advance Amount such borrowing available to Administrative Agent not the Borrower no later than 11:00 a.m. Administrative Agent’s Time 2:00 p.m. on the Funding Date thereofdate and at the account specified by the Borrower in such Notice of Revolving Borrowing. After Administrative Agent’s receipt of With respect to Revolving Loans to be made after the Advance Amount from LendersEffective Date, Administrative Agent shall make Revolving Loan Proceeds in an amount equal to unless the Advance Amount (or, if less, such portion of the Advance Amount that shall have been paid to Administrative Agent by Lenders in accordance with the terms hereof) available to Borrowers on the applicable Funding Date by advancing such funds to Borrowers.
(b) Unless Administrative Agent shall have received notice from a been notified by any Revolving Lender prior to the proposed advance Funding Date for LIBOR Rate Principal advances (or, in the case specified date of any other advances, prior to 12:00 p.m. (Administrative Agent’s Time) on such advance Funding Date) borrowing that such Revolving Lender will does not intend to make available to the Administrative Agent the Revolving Loan to be made by such Lender’s Pro Rata Share of Revolving Lender on such Advance Amountdate, the Administrative Agent may assume that such Revolving Lender has made will make the proceeds of such Pro Rata Share Revolving Loan available to the Administrative Agent on such the date in accordance with Subsection (a) of this Section (or, the requested borrowing as set forth in the case Notice of any advances other than LIBOR Rate Principal advances, that such Lender has made such Pro Rata Share available in accordance with, Revolving Borrowing and at the time required by Subsection Administrative Agent may (a) of this Section) and maybut shall not be obligated to), in reliance upon such assumption, make available to Borrowers a corresponding amountthe Borrower the amount of such Revolving Loan to be provided by such Revolving Lender. In such event, if a such Revolving Lender has does not in fact made its Pro Rata Share of the Advance Amount make available to the Administrative AgentAgent the proceeds of such Revolving Loan, then such Revolving Lender and the applicable Lender Borrower severally agrees agree to pay to the Administrative Agent forthwith on demand the amount of such corresponding amount in immediately available funds Revolving Loan with interest thereon, for each day from and including the date such amount Revolving Loan is made available to Borrowers to the Borrower but excluding the date of payment to the Administrative Agent, at (i) in the case of a payment to be made by such Lender, the greater of the Federal Funds Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensationcompensation and (ii) in the case of a payment to be made by the Borrower, plus any administrative, processing or similar fees customarily charged by Administrative Agent in connection with the foregoinginterest rate applicable to such borrowing of Revolving Loans. If the Borrower and such Revolving Lender shall pay the amount of such interest to the Administrative Agent for the same or an overlapping period, the Administrative Agent shall promptly remit to the Borrower the amount of such interest paid by the Borrower for such period. If such Revolving Lender pays its Pro Rata Share to the Administrative Agent the amount of the applicable Advance Amount to Administrative Agentsuch Revolving Loan, then the amount so paid shall constitute such Revolving Lender’s Pro Rata Share of such Advance AmountRevolving Loan included in the borrowing. A notice of Administrative Agent Any payment by the Borrower shall be without prejudice to any claim the Borrower may have against a Revolving Lender with respect that shall have failed to any amount owing under this Subsection shall be conclusive, absent manifest error.
(c) If any Lender makes make available to Administrative Agent funds for any the proceeds of a Revolving Loan advances to be made by such Lender as provided in the foregoing provisions of this Section, and such funds are not made available to Borrower by Administrative Agent because the conditions to the applicable Loan advance set forth in Section 1.3.3 are not satisfied in accordance with the terms hereof, Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.
(d) The obligations of Lenders hereunder to make Loan advances and to make payments pursuant to Section 8.7 are several and not joint. The failure of any Lender to make any Loan advance or to make any payment under Section 8.7 on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Loan advance or to make its payment under Section 8.7.
(f) Nothing herein shall be deemed to obligate any Lender to obtain the funds for any Loan advance in any particular place or manner or to constitute a representation by any Lender that it has obtained or will obtain the funds for any Loan advance in any particular place or manner.
Appears in 1 contract
Samples: Credit Agreement (Corporate Office Properties, L.P.)
Disbursements of Revolving Loan Proceeds. (a) Following receipt of a Draw Request, Administrative Agent shall promptly provide each Lender with a copy of such Draw Request. Administrative Agent shall notify each Lender telephonically (with confirmation by electronic mail) or by electronic mail (with confirmation by telephone) not No later than 1:00 p.m. Administrative Agent’s Time three (3) Business Days prior on the date specified in the Notice of Borrowing, each Revolving Lender will make available for the account of its applicable Lending Office to the advance Funding Date for LIBOR Rate Agent at the Principal advancesOffice, and one (1) Business Day prior to in immediately available funds, the advance Funding Date for all other advances, of its Pro Rata Share of the amount Administrative Agent has determined shall be advanced in connection therewith (the “Advance Amount”). In the case of an advance proceeds of the Revolving LoanLoan to be made by such Revolving Lender. With respect to Revolving Loans to be made after the Effective Date, each Lender shall make unless the funds for its Pro Rata Share of the Advance Amount available to Administrative Agent not later than 11:00 a.m. Administrative Agent’s Time on the Funding Date thereof. After Administrative Agent’s receipt of the Advance Amount from Lenders, Administrative Agent shall make Revolving Loan Proceeds in an amount equal to the Advance Amount (or, if less, such portion of the Advance Amount that shall have been paid to Administrative Agent notified by Lenders in accordance with the terms hereof) available to Borrowers on the applicable Funding Date by advancing such funds to Borrowers.
(b) Unless Administrative Agent shall have received notice from a any Revolving Lender prior to the proposed advance Funding Date for LIBOR Rate Principal advances (or, in the case specified date of any other advances, prior to 12:00 p.m. (Administrative Agent’s Time) on such advance Funding Date) borrowing that such Revolving Lender will does not intend to make available to Administrative the Agent the Revolving Loan to be made by such Lender’s Pro Rata Share of Revolving Lender on such Advance Amountdate, Administrative the Agent may may, but shall not be obligated to, assume that such Revolving Lender has made will make the proceeds of such Pro Rata Share Revolving Loan available to the Agent on such the date in accordance with Subsection (a) of this Section (or, the requested borrowing as set forth in the case Notice of any advances other than LIBOR Rate Principal advances, that such Lender has made such Pro Rata Share available in accordance with, Borrowing and at the time required by Subsection Agent may (a) of this Section) and maybut shall not be obligated to), in reliance upon such assumption, make available to the Borrowers a corresponding amountthe amount of such Revolving Loan to be provided by such Revolving Lender. In such event, if a such Revolving Lender has does not in fact made its Pro Rata Share of the Advance Amount make available to Administrative Agentthe Agent the proceeds of such Revolving Loan, then such Revolving Lender and the applicable Lender Borrowers severally agrees agree to pay to Administrative the Agent forthwith on demand the amount of such corresponding amount in immediately available funds Revolving Loan with interest thereon, for each day from and including the date such amount Loan is made available to Borrowers to a Borrower but excluding the date of payment to Administrative the Agent, at (i) in the case of a payment to be made by such Revolving Lender, the greater of the Federal Funds Rate and a rate determined by Administrative the Agent in accordance with banking industry rules on interbank compensationcompensation and (ii) in the case of a payment to be made by a Borrower, plus any administrative, processing or similar fees customarily charged by Administrative Agent in connection with the foregoinginterest rate applicable hereunder to such Revolving Loans. If a Borrower and such Revolving Lender shall pay the amount of such interest to Administrative the Agent for the same or an overlapping period, Administrative the Agent shall promptly remit to the applicable Borrower the amount of such interest paid by such Borrower for such period. If such Revolving Lender pays its Pro Rata Share to the Agent the amount of the applicable Advance Amount to Administrative Agentsuch Revolving Loan, then the amount so paid shall constitute such Revolving Lender’s Pro Rata Share of such Advance Amount's Revolving Loan included in the borrowing. A notice of Administrative Agent Any payment by a Borrower shall be without prejudice to any claim any Borrower may have against a Revolving Lender with respect that shall have failed to any amount owing under this Subsection shall be conclusive, absent manifest error.
(c) If any Lender makes make available to Administrative Agent funds for any the proceeds of a Revolving Loan advances to be made by such Lender as provided in the foregoing provisions Revolving Lender. Subject to satisfaction of this Section, and such funds are not made available to Borrower by Administrative Agent because the conditions to the applicable Loan advance conditions set forth in Section 1.3.3 are not satisfied Article V for such borrowing, the Agent will make the proceeds of such borrowing available to the Borrowers no later than 2:00 p.m. on the date and at the account specified by the Borrowers in accordance with the terms hereof, Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interestNotice of Borrowing.
(d) The obligations of Lenders hereunder to make Loan advances and to make payments pursuant to Section 8.7 are several and not joint. The failure of any Lender to make any Loan advance or to make any payment under Section 8.7 on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Loan advance or to make its payment under Section 8.7.
(f) Nothing herein shall be deemed to obligate any Lender to obtain the funds for any Loan advance in any particular place or manner or to constitute a representation by any Lender that it has obtained or will obtain the funds for any Loan advance in any particular place or manner.
Appears in 1 contract
Disbursements of Revolving Loan Proceeds. (a) Following receipt of a Draw Request, Administrative Agent shall promptly provide each Lender with a copy of such Draw Request. Administrative Agent shall notify each Lender telephonically (with confirmation by electronic mail) or by electronic mail (with confirmation by telephone) not later than 1:00 p.m. Administrative Agent’s Time three (3) Business Days prior to the advance Funding Date for LIBOR Rate Principal advances, and one (1) Business Day prior to the advance Funding Date for all other advances, of its Pro Rata Share of the amount Administrative Agent has determined shall be advanced in connection therewith (the “Advance Amount”). In the case of an advance of the Revolving Loan, each Lender shall make the funds for its Pro Rata Share of the Advance Amount available to Administrative Agent not later than 11:00 a.m. Administrative Agent’s Time on the Funding Date thereof. After Administrative Agent’s receipt of the Advance Amount from Lenders, Administrative Agent shall make Revolving Loan Proceeds in an amount equal to the Advance Amount (or, if less, such portion of the Advance Amount that shall have been paid to Administrative Agent by Lenders in accordance with the terms hereof) available to Borrowers on the applicable Funding Date by advancing such funds to Borrowers.
(b) Unless Administrative Agent shall have received notice from a Lender prior to 12:00 p.m. (Administrative Agent’s Time) on the proposed advance Funding Date for LIBOR BSBY Rate Principal advances (or, in the case of any other advances, prior to 12:00 p.m. (Administrative Agent’s Time) on such advance Funding Date) that such Lender will not make available to Administrative Agent such Lender’s Pro Rata Share of such Advance Amount, Administrative Agent may assume that such Lender has made such Pro Rata Share available on such date in accordance with Subsection (a) of this Section (or, in the case of any advances other than LIBOR Rate Principal advances, that such Lender has made such Pro Rata Share available in accordance with, and at the time required by Subsection (a) of this Section) and may, in reliance upon such assumption, make available to Borrowers a corresponding amount. In such event, if a Lender has not in fact made its Pro Rata Share of the Advance Amount available to Administrative Agent, then the applicable Lender severally agrees to pay to Administrative Agent forthwith on demand such corresponding amount in immediately available funds with interest thereon, for each day from and including the date such amount is made available to Borrowers to but excluding the date of payment to Administrative Agent, at the greater of the Federal Funds Rate and a rate determined by Administrative Agent in accordance with banking industry rules on interbank compensation, plus any administrative, processing or similar fees customarily charged by Administrative Agent in connection with the foregoing. If such Lender shall pay such interest to Administrative Agent for the same or an overlapping period, Administrative Agent shall promptly remit to Borrower the amount of such interest paid by Borrower for such period. If such Lender pays its Pro Rata Share of the applicable Advance Amount to Administrative Agent, then the amount so paid shall constitute such Lender’s Pro Rata Share of such Advance Amount. A notice of Administrative Agent to any Lender with respect to any amount owing under this Subsection shall be conclusive, absent manifest error.
(c) If any Lender makes available to Administrative Agent funds for any Loan advances to be made by such Lender as provided in the foregoing provisions of this Section, and such funds are not made available to Borrower by Administrative Agent because the conditions to the applicable Loan advance set forth in Section 1.3.3 are not satisfied in accordance with the terms hereof, Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.
(d) The obligations of Lenders hereunder to make Loan advances and to make payments pursuant to Section 8.7 are several and not joint. The failure of any Lender to make any Loan advance or to make any payment under Section 8.7 on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Loan advance or to make its payment under Section 8.7.
(f) Nothing herein shall be deemed to obligate any Lender to obtain the funds for any Loan advance in any particular place or manner or to constitute a representation by any Lender that it has obtained or will obtain the funds for any Loan advance in any particular place or manner.
Appears in 1 contract
Samples: Loan Agreement (KBS Real Estate Investment Trust III, Inc.)
Disbursements of Revolving Loan Proceeds. (a) Following receipt of a Draw Request, Administrative Agent shall promptly provide each Lender with a copy of such Draw Request. Administrative Agent shall notify each Lender telephonically (with confirmation by electronic mail) or by electronic mail (with confirmation by telephone) not No later than 1:00 p.m. Administrative Agent’s Time three (3) Business Days prior on the date specified in the Notice of Revolving Borrowing, each Revolving Lender will make available for the account of its applicable Lending Office to the advance Funding Date for LIBOR Rate Principal advances, and one (1) Business Day prior to the advance Funding Date for all other advances, of its Pro Rata Share of the amount Administrative Agent has determined shall be advanced at the Principal Office, in connection therewith (immediately available funds, the “Advance Amount”). In the case of an advance proceeds of the Revolving LoanLoan to be made by such Revolving Lender. Subject to satisfaction of the applicable conditions set forth in Article V. for such borrowing, each Lender shall the Administrative Agent will make the funds for its Pro Rata Share proceeds of the Advance Amount such borrowing available to Administrative Agent not the Borrower no later than 11:00 a.m. Administrative Agent’s Time 2:00 p.m. on the Funding Date thereofdate and at the account specified by the Borrower in such Notice of Revolving Borrowing. After Administrative Agent’s receipt of With respect to Revolving Loans to be made after the Advance Amount from LendersEffective Date, Administrative Agent shall make Revolving Loan Proceeds in an amount equal to unless the Advance Amount (or, if less, such portion of the Advance Amount that shall have been paid to Administrative Agent by Lenders in accordance with the terms hereof) available to Borrowers on the applicable Funding Date by advancing such funds to Borrowers.
(b) Unless Administrative Agent shall have received notice from a been notified by any Revolving Lender prior to the proposed advance Funding Date for LIBOR Rate Principal advances (or, in the case specified date of any other advances, prior to 12:00 p.m. (Administrative Agent’s Time) on such advance Funding Date) borrowing that such Revolving Lender will does not intend to make available to the Administrative Agent the Revolving Loan to be made by such Lender’s Pro Rata Share of Revolving Lender on such Advance Amountdate, the Administrative Agent may assume that such Revolving Lender has made will make the proceeds of such Pro Rata Share Revolving Loan available to the Administrative Agent on such the date in accordance with Subsection (a) of this Section (or, the requested borrowing as set forth in the case Notice of any advances other than LIBOR Rate Principal advances, that such Lender has made such Pro Rata Share available in accordance with, Revolving Borrowing and at the time required by Subsection Administrative Agent may (a) of this Section) and maybut shall not be obligated to), in reliance upon such assumption, make available to Borrowers a corresponding amountthe Borrower the amount of such Revolving Loan to be provided by such Revolving Lender. In such event, if a such Revolving Lender has does not in fact made its Pro Rata Share of the Advance Amount make available to the Administrative AgentAgent the proceeds of such Revolving Loan, then such Revolving Lender and the applicable Lender Borrower severally agrees agree to pay to the Administrative Agent forthwith on demand the amount of such corresponding amount in immediately available funds Revolving Loan with interest thereon, for each day from and including the date such amount Revolving Loan is made available to Borrowers to the Borrower but excluding the date of payment to the Administrative Agent, at (i) in the case of a payment to be made by such Lender, the greater of the Federal Funds Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensationcompensation and (ii) in the case of a payment to be made by the Borrower, plus any administrative, processing or similar fees customarily charged by Administrative Agent in connection with the foregoinginterest rate applicable to such borrowing of Revolving Loans. If the Borrower and such Revolving Lender shall pay the amount of such interest to the Administrative Agent for the same or an overlapping period, the Administrative Agent shall promptly remit to the Borrower the amount of such interest paid by the Borrower for such period. If such Revolving Lender pays its Pro Rata Share to the Administrative Agent the amount of the applicable Advance Amount to Administrative Agentsuch Revolving Loan, then the amount so paid shall constitute such Revolving Lender’s Pro Rata Share of such Advance AmountRevolving Loan included in the borrowing. A notice of Administrative Agent Any payment by the Borrower shall be without prejudice to any claim the Borrower may have against a Revolving Lender with respect that shall have failed to any amount owing under this Subsection shall be conclusive, absent manifest error.
(c) If any Lender makes make available to Administrative Agent funds for any the proceeds of a Revolving Loan advances to be made by such Lender as provided in the foregoing provisions of this SectionXxxxxx. 4889-7534-3155, and such funds are not made available to Borrower by Administrative Agent because the conditions to the applicable Loan advance set forth in Section 1.3.3 are not satisfied in accordance with the terms hereof, Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.
(d) The obligations of Lenders hereunder to make Loan advances and to make payments pursuant to Section 8.7 are several and not joint. The failure of any Lender to make any Loan advance or to make any payment under Section 8.7 on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Loan advance or to make its payment under Section 8.7.
(f) Nothing herein shall be deemed to obligate any Lender to obtain the funds for any Loan advance in any particular place or manner or to constitute a representation by any Lender that it has obtained or will obtain the funds for any Loan advance in any particular place or manner.v. 14
Appears in 1 contract
Samples: Credit Agreement (Corporate Office Properties Trust)