Common use of Failure by Lender to Fund Clause in Contracts

Failure by Lender to Fund. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing that such Lender will not make available to the Administrative Agent such Lender’s Rateable Portion of each type of Advance comprising such Borrowing, the Administrative Agent may assume that such Lender has made each such Rateable Portion available to the Administrative Agent on the date of such Borrowing in accordance with Section 3.2(2) and the Administrative Agent may, in reliance upon such assumption, make available to the Borrower on such date corresponding amounts. If and to the extent that such Lender shall not have made its Rateable Portion available to the Administrative Agent, such Lender shall pay such corresponding amounts to the Administrative Agent forthwith on demand. If such Lender shall pay such corresponding amounts to the Administrative Agent, the amounts so paid shall constitute such Lender’s Rateable Portion of such Borrowing for the purposes of this Agreement. The Administrative Agent shall also be entitled to recover from such Lender interest on such corresponding amounts, for each day from the date such amounts were made available by the Administrative Agent to the Borrower until the date such amounts are repaid to the Administrative Agent, at a rate determined by the Administrative Agent (such rate to be conclusive and binding on such Lender) in accordance with the Administrative Agent’s usual banking practice for similar advances to financial institutions of like standing as such Lender but in no event greater than, as the case may be, the Canadian Prime Rate or the ABR, together with the Administrative Agent’s reasonable administrative fee. If such Lender shall not pay such corresponding amounts to the Administrative Agent forthwith on demand, the Borrower shall pay such corresponding amounts (together with accrued and unpaid interest at the applicable rate herein set forth for each type of Advance) to the Administrative Agent within two Business Days of demand being made upon it.

Failure by Lender to Fund. Unless the Administrative Agent shall have received notice from a Lender at least one Business Day prior to the date of any Borrowing that such Lender will not make available to the Administrative Agent such Lender’s Rateable Portion rateable portion of each type of Advance comprising such Borrowing, the Administrative Agent may assume that such Lender Lxxxxx has made each such Rateable Portion portion available to the Administrative Agent on the date of such Borrowing in accordance with Section section 3.2(2) and the Administrative Agent may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amountsamount. If and to the extent that such Lender shall not have made its Rateable Portion rateable portion available to the Administrative Agent, such Lender shall pay such corresponding amounts amount to the Administrative Agent forthwith on demand. If such Lender shall pay such corresponding amounts amount to the Administrative Agent, the amounts so paid shall constitute such Lender’s Rateable Portion rateable portion of such Borrowing for the purposes of this Agreementagreement. The Administrative Agent shall also be entitled to recover from such Lender interest on such corresponding amountsamount, for each day from the date such amounts were amount was made available by the Administrative Agent to the Borrower until the date such amounts are amount is repaid to the Administrative Agent, at a the rate determined payable by the Administrative Agent (such rate Borrower with respect to be conclusive and binding on such Lender) in accordance with the Administrative Agent’s usual banking practice for similar advances to financial institutions affected type of like standing as such Lender but in no event greater than, as the case may be, the Canadian Prime Rate or the ABRBorrowing, together with the Administrative Agent’s reasonable administrative fee. If such Lender shall not pay such corresponding amounts amount to the Administrative Agent forthwith on demand, the Borrower shall pay such corresponding amounts amount (together with accrued and unpaid interest at the applicable rate herein set forth for each the affected type of AdvanceBorrowing) to the Administrative Agent within two three Business Days of demand being made upon it.

Failure by Lender to Fund. Unless the Administrative Agent shall have received notice from a Lender at least one Business Day prior to the date of any Borrowing that such Lender will not make available to the Administrative Agent such Lender’s Rateable Portion Lxxxxx's rateable portion of each type of Advance comprising such Borrowing, the Administrative Agent may assume that such Lender has made each such Rateable Portion portion available to the Administrative Agent on the date of such Borrowing in accordance with Section 3.2(2section 3.2(3) and the Administrative Agent may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amountsamount. If and to the extent that such Lender shall not have made its Rateable Portion rateable portion available to the Administrative Agent, such Lender shall pay such corresponding amounts amount to the Administrative Agent forthwith on demand. If such Lender shall pay such corresponding amounts amount to the Administrative Agent, the amounts so paid shall constitute such Lender’s Rateable Portion 's rateable portion of such Borrowing for the purposes of this Agreementagreement. The Administrative Agent shall also be entitled to recover from such Lender interest on such corresponding amountsamount, for each day from the date such amounts were amount was made available by the Administrative Agent to the Borrower until the date such amounts are amount is repaid to the Administrative Agent, at a the rate determined payable by the Administrative Agent (such rate Borrower with respect to be conclusive and binding on such Lender) in accordance with the Administrative Agent’s usual banking practice for similar advances to financial institutions affected type of like standing as such Lender but in no event greater than, as the case may be, the Canadian Prime Rate or the ABRBorrowing, together with the Administrative Agent’s 's reasonable administrative fee. If such Lender shall not pay such corresponding amounts amount to the Administrative Agent forthwith on demand, the Borrower shall pay such corresponding amounts amount (together with accrued and unpaid interest at the applicable rate herein set forth for each the affected type of AdvanceBorrowing) to the Administrative Agent within two three Business Days of demand being made upon it.

Failure by Lender to Fund. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing that such Lender will not make available to the Administrative Agent such Lender’s Rateable Portion of each type of Advance comprising such Borrowing, the Administrative Agent may assume that such Lender has made each such Rateable Portion available to the Administrative Agent on the date of such Borrowing in accordance with Section section 3.2(2) and the Administrative Agent may, in reliance upon such assumption, make available to the Borrower on such date corresponding amounts. If and to the extent that such Lender shall not have made its Rateable Portion available to the Administrative Agent, such Lender shall pay such corresponding amounts to the Administrative Agent forthwith on demand. If such Lender shall pay such corresponding amounts to the Administrative Agent, the amounts so paid shall constitute such Lender’s Rateable Portion of such Borrowing for the purposes of this Agreementagreement. The Administrative Agent shall also be entitled to recover from such Lender interest on such corresponding amounts, for each day from the date such amounts were made available by the Administrative Agent to the Borrower until the date such amounts are repaid to the Administrative Agent, at a rate determined by the Administrative Agent (such rate to be conclusive and binding on such Lender) in accordance with the Administrative Agent’s usual banking practice for similar advances to financial institutions of like standing as such Lender but in no event greater than, as the case may be, the Canadian Prime Rate or the ABRBase Rate, together with the Administrative Agent’s reasonable administrative fee. If such Lender shall not pay such corresponding amounts to the Administrative Agent forthwith on demand, the Borrower shall pay such corresponding amounts (together with accrued and unpaid interest at the applicable rate herein set forth for each type of Advance) to the Administrative Agent within two Business Days of demand being made upon it.

Failure by Lender to Fund. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing that such Lender will not make available to the Administrative Agent such Lender’s Rateable Portion of each type of Advance comprising such Borrowing, the Administrative Agent may assume that such Lender has made each such Rateable Portion available to the Administrative Agent on the date of such Borrowing in accordance with Section 3.2(2) and the Administrative Agent may, in reliance upon such assumption, make available to the Borrower on such date corresponding amounts. If and to the extent that such Lender shall not have made its Rateable Portion available to the Administrative Agent, such Lender shall pay such corresponding amounts to the Administrative Agent forthwith on demand. If such Lender shall pay such corresponding amounts to the Administrative Agent, the amounts so paid shall constitute such Lender’s Rateable Portion of such Borrowing for the purposes of this Agreement. The Administrative Agent shall also be entitled to recover from such Lender interest on such corresponding amounts, for each day from the date such amounts were made available by the Administrative Agent to the Borrower until the date such amounts are repaid to the Administrative Agent, at a rate determined by the Administrative Agent (such rate to be conclusive and binding on such Lender) in accordance with the Administrative Agent’s usual banking practice for similar advances to financial institutions of like standing as such Lender but in no event greater than, as the case may be, the Canadian Prime Rate or than the ABR, together with the Administrative Agent’s reasonable administrative fee. If such Lender shall not pay such corresponding amounts to the Administrative Agent forthwith on demand, the Borrower shall pay such corresponding amounts (together with accrued and unpaid interest at the applicable rate herein set forth for each type of Advance) to the Administrative Agent within two Business Days of demand being made upon it.