Common use of Failure to Fund by Lender Clause in Contracts

Failure to Fund by Lender. Unless the Agent shall have been notified by any Lender prior to 12:00 P.M. (Eastern time) on any Funding Date in respect of Revolving Loans requested under a Borrowing Notice that such Lender does not intend to make available to the Agent such Lender's Revolving Loan on such Funding Date, the Agent may assume that such Lender has made such amount available to the Agent on such Funding Date and the Agent in its sole discretion may, but shall not be obligated to, make available to the Borrower a corresponding amount on such Funding Date. If such corresponding amount is not in fact made available to the Agent by such Lender on or prior to 3:00 P.M. (Eastern time) on a Funding Date, such Lender agrees to pay and the Borrower agrees to repay to the Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date such amount is made available to the Borrower until the date such amount is paid or repaid to the Agent, at (i) in the case of such Lender, the Federal Funds Rate, and (ii) in the case of the Borrower, the ABR. If such Lender shall pay to the Agent such corresponding amount, such amount so paid shall constitute such Lender's Revolving Loan, and if both such Lender and the Borrower shall have paid and repaid, respectively, such corresponding amount, the Agent shall promptly pay over to the Borrower such corresponding amount in same day funds, but the Borrower shall remain obligated for all interest thereon. Nothing contained in this Section 2.2(b) shall be deemed to relieve any Lender of its obligation hereunder to make its Revolving Loan on any Funding Date.

Failure to Fund by Lender. Unless the Liquidity Agent shall ------------------------- have been notified by any Liquidity Lender prior to 12:00 P.M. (Eastern 1:00 p.m., New York City time) , on the date of any Funding Date Borrowing in respect of Revolving Loans requested under a Borrowing Notice any Liquidity Advances that such Liquidity Lender does not intend to make available to the Liquidity Agent such Liquidity Lender's Revolving Loan Liquidity Advances on such Funding Datedate of Borrowing, the Liquidity Agent may assume that such Liquidity Lender has made such amount available to the Liquidity Agent on such Funding Date date of Borrowing and the Liquidity Agent in its sole discretion may, but shall not be obligated to, make available to the Borrower Xxxxx a corresponding amount on such Funding Datedate of Borrowing. If such corresponding amount is not in fact made available to the Liquidity Agent by such Liquidity Lender on or prior to 3:00 P.M. (Eastern time) on a Funding Datedate of Borrowing, such Liquidity Lender agrees to pay to the Liquidity Agent forthwith on demand such corresponding amount together with interest thereon, and the Borrower Xxxxx agrees to repay to the Liquidity Agent forthwith on the Business Day immediately following the date of demand therefor such corresponding amount together with interest thereon, for each day from the date such amount is made available to the Borrower Xxxxx until the date such amount is paid or repaid to the Liquidity Agent, at at, (i) in the case of such Liquidity Lender, the Federal Funds Rate for the first Business Day and thereafter at the Base Rate, and (ii) in the case of the BorrowerXxxxx, the ABRinterest rate that would be applicable at the time to a Borrowing of Base Rate Advances made on such date of Borrowing. If such Liquidity Lender shall pay to the Liquidity Agent such corresponding amount, such amount so paid shall constitute such Liquidity Lender's Revolving LoanLiquidity Advance, and if both such Liquidity Lender and the Borrower Xxxxx shall have paid and repaid, respectively, such corresponding amount, the Liquidity Agent shall promptly pay over to the Borrower Xxxxx such corresponding amount in same day funds, but the Borrower Xxxxx shall remain obligated for all interest thereon. Nothing contained in To the extent any such amount due to the Liquidity Agent under this Section 2.2(b) shall be deemed to relieve any Lender of its obligation hereunder to make its Revolving Loan on any Funding Date.3.06

Failure to Fund by Lender. Unless the Agent shall have been notified by any Lender prior to 12:00 2:00 P.M. (Eastern time) on any Funding Date in respect of Revolving Loans requested under a Borrowing Notice that such Lender does not intend to make available to the Agent such Lender's Revolving Loan on such Funding Date, the Agent may assume that such Lender has made such amount available to the Agent on such Funding Date and the Agent in its sole discretion may, but shall not be obligated to, make available to the Borrower a corresponding amount on such Funding Date. If such corresponding amount is not in fact made available to the Agent by such Lender on or prior to 3:00 P.M. (Eastern time) on a Funding Date, such Lender agrees to pay and the Borrower agrees to repay to the Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date such amount is made available to the Borrower until the date such amount is paid or repaid to the Agent, at (i) in the case of such Lender, the Federal Funds Rate, and (ii) in the case of the Borrower, the ABRApplicable ABR Rate, and no such payment by the Borrower shall prejudice any rights which the Company or the Agent may have against such Lender on account of such Lender's failure to so fund its Revolving Loan. If such Lender shall pay to the Agent such corresponding amount, such amount so paid shall constitute such Lender's Revolving Loan, and if both such Lender and the Borrower shall have paid and repaid, respectively, such corresponding amount, the Agent shall promptly pay over to the Borrower such corresponding amount in same day funds, but the Borrower shall remain obligated for all interest thereon. Nothing contained in this Section 2.2(b2.2(c) shall be deemed to relieve any Lender of its obligation hereunder to make its Revolving Loan on any Funding Date.

Failure to Fund by Lender. Unless the Agent shall have been notified by any Lender prior to 12:00 P.M. (Eastern time) on any Funding Date in respect of Revolving Loans requested under a Borrowing Notice (or deemed requested pursuant to Section 2.3(e) or the last sentence of Section 2.2(a)) that such Lender does not intend to make available to the Agent such Lender's share of the Revolving Loan Loans on such Funding Date, the Agent may assume that such Lender has made such amount available to the Agent on such Funding Date and the Agent in its sole discretion may, but shall not be obligated to, make available to the Borrower a corresponding amount on such Funding Date. If such corresponding amount is not in fact made available to the Agent by such Lender on or prior to 3:00 P.M. (Eastern time) on a Funding Date, such Lender agrees to pay and the Borrower agrees to repay to the Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date such amount is made available to the Borrower until the date such amount is paid or repaid to the Agent, at (i) in the case of such Lender, for the period from the Funding Date until the date two Business Days after the Funding Date, the Federal Funds Rate, and from and after the date two Business Days after the Funding Date, the Adjusted ABR, and (ii) in the case of the Borrower, the Adjusted ABR. If such Lender shall pay to the Agent such corresponding amount, such amount so paid shall constitute such Lender's Revolving Loan, and if both such Lender and the Borrower shall have paid and repaid, respectively, such corresponding amount, the Agent shall promptly pay over to the Borrower such corresponding amount in same day funds, but the Borrower shall remain obligated for all interest thereon. Nothing contained in this Section 2.2(b2.2(e) shall be deemed to relieve any Lender of its obligation hereunder to make its Revolving Loan on any Funding Date.

Failure to Fund by Lender. Unless the Agent shall have been notified by any Lender prior to 12:00 P.M. (Eastern time) on any Funding Date in respect of any Borrowing of Revolving Loans requested under a Borrowing Notice that such Lender does not intend to make available to the Agent such Lender's Revolving Loan on such Funding Date, the Agent may assume that such Lender has made such amount available to the Agent on such Funding Date and the Agent in its sole discretion may, but shall not be obligated to, make available to the Borrower a corresponding amount on such Funding Date. If such corresponding amount is not in fact made available to the Agent by such Lender on or prior to 3:00 P.M. 2:00 p.m. (Eastern New York City time) on a Funding Date, such Lender agrees to pay pay, and the Borrower agrees to repay repay, to the Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date such amount is made available to the Borrower until the date such amount is paid or repaid to the Agent, at (i) in the case of such Lender, the Federal Funds Effective Rate for the first three (3) Business Days and thereafter at the Alternate Base Rate, and (ii) in the case of the Borrower, the ABRinterest rate which would be applicable at the time to a Borrowing of Base Rate Loans. If such Lender shall pay to the Agent such corresponding amount, such amount so paid shall constitute such Lender's Revolving Loan, and if both such Lender and the Borrower shall have paid and repaid, respectively, such corresponding amount, the Agent shall promptly pay over to the Borrower such corresponding amount in same day funds, but the Borrower shall remain obligated for all interest thereon. Nothing contained in this Section 2.2(b) shall be deemed to relieve any Lender of its obligation hereunder to make its Revolving Loan on any Funding Date.in

Failure to Fund by Lender. Unless the Agent shall have been ------------------------- notified by any Lender prior to 12:00 P.M. (Eastern time) on any Funding Date in respect of Revolving Loans requested under a Borrowing Notice that such Lender does not intend to make available to the Agent such Lender's Revolving Loan on such Funding Date, the Agent may assume that such Lender has made such amount available to the Agent on such Funding Date and the Agent in its sole discretion may, but shall not be obligated to, make available to the Borrower Borrowers a corresponding amount on such Funding Date. If such corresponding amount is not in fact made available to the Agent by such Lender on or prior to 3:00 P.M. (Eastern time) on a Funding Date, such Lender agrees to pay and the Borrower agrees Borrowers agree to repay to the Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date such amount is made available to the Borrower Borrowers until the date such amount is paid or repaid to the Agent, at (i) in the case of such Lender, the Federal Funds Rate, and (ii) in the case of the BorrowerBorrowers, the ABRBase Rate. If such Lender shall pay to the Agent such corresponding amount, such amount so paid shall constitute such Lender's Revolving Loan, and if both such Lender and the Borrower Borrowers shall have paid and repaid, respectively, such corresponding amount, the Agent shall promptly pay over to the Borrower Borrowers such corresponding amount in same day funds, but the Borrower Borrowers shall remain obligated for all interest thereon. Nothing contained in this Section 2.2(b) shall be deemed to relieve any Lender of its obligation hereunder to make its Revolving Loan on any Funding Date.

Failure to Fund by Lender. Unless the Agent shall have been notified by any Lender prior to 12:00 2:00 P.M. (Eastern time) on any Funding Date in respect of Revolving Loans requested under a Borrowing Notice that such Lender does not intend to make available to the Agent such Lender's Revolving Loan on such Funding Date, the Agent may assume that such Lender has made such amount available to the Agent on such Funding Date and the Agent in its sole discretion may, but shall not be obligated to, make available to the Borrower a corresponding amount on such Funding Date. If such corresponding amount is not in fact made available to the Agent by such Lender on or prior to 3:00 P.M. (Eastern time) on a Funding Date, such Lender agrees to pay and the Borrower agrees to repay to the Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date such amount is made available to the Borrower until the date such amount is paid or repaid to the Agent, at (i) in the case of such Lender, the Federal Funds Rate, and (ii) in the case of the Borrower, the ABR, and no such payment by the Borrower shall prejudice any rights which the Company or the Agent may have against such Lender on account of such Lender's failure to so fund its Revolving Loan. If such Lender shall pay to the Agent such corresponding amount, such amount so paid shall constitute such Lender's Revolving Loan, and if both such Lender and the Borrower shall have paid and repaid, respectively, such corresponding amount, the Agent shall promptly pay over to the Borrower such corresponding amount in same day funds, but the Borrower shall remain obligated for all interest thereon. Nothing contained in this Section 2.2(b2.2(c) shall be deemed to relieve any Lender of its obligation hereunder to make its Revolving Loan on any Funding Date.