Funding by Administrative Agent. Unless the Administrative Agent shall have been notified in writing by any Lender not later than the close of business on the day before the day on which Loans are requested by the Borrower to be made that such Lender will not make its ratable share of such Loans, the Administrative Agent may assume that such Lender will make its ratable share of the Loans, and in reliance upon such assumption the Administrative Agent may (but in no circumstances shall be required to) make available to the Borrower a corresponding amount. If and to the extent that any Lender fails to make such payment to the Administrative Agent on such date, such Lender shall pay such amount on demand (or, if such Lender fails to pay such amount on demand, the Borrower shall pay such amount on demand), together with interest, for the Administrative Agent's own account, for each day from and including the date of the Administrative Agent's payment to and including the date of repayment to the Administrative Agent (before and after judgment) at the Federal Funds Effective Rate for the first day and thereafter at the rate or rates per annum applicable to such Loans. All payments to the Administrative Agent under this Section shall be made to the Administrative Agent at its Office in Dollars in funds immediately available at such Office, without set-off, withholding, counterclaim or other deduction of any nature.
Funding by Administrative Agent. Unless Administrative Agent shall have received notice from a Lender prior to the date of any Committed Loan that such Lender will not make available to Administrative Agent such Lender's Percentage of such Committed Loan, Administrative Agent may assume that such Lender has made such amount available to Administrative Agent on the date of such Committed Loan in accordance with this Section 2.2. Administrative Agent may, in reliance upon such assumption, make available a corresponding amount to or on behalf of the relevant Borrower on such date. If and to the extent any Lender shall not have so made its Percentage of any Committed Loan available to Administrative Agent, the relevant Borrower shall repay to Administrative Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date such amount is made available to or on behalf of such Borrower until the date such amount is repaid to Administrative Agent, at the rate per annum applicable to the Committed Loan in question. Each Lender shall record in its records, or at its option on the schedule attached to its applicable Committed Loan Note, the date and amount of each Committed Loan made by such Lender thereunder, each repayment or prepayment thereof, and the dates on which each Interest Period for such Committed Loan shall begin and end. The aggregate unpaid principal amount so recorded shall be rebuttable presumptive evidence of the principal amount owing and unpaid on such Committed Loan Note. The failure to so record or any error in so recording any such amount shall not, however, limit or otherwise affect the obligations of any Borrower hereunder or under any Committed Loan Note to repay the principal amount of each Committed Loan to such Lender together with all interest accruing thereon.
Funding by Administrative Agent. Unless the Administrative Agent shall have been notified in writing by any Lender not later than 4:00 p.m. on the day before the day on which Loans are requested by Borrower to be made that (or, if the request for a Loan is made by Borrower on the date such Loan is to be made, then not later than 2:00 p.m. on such day) such Lender will not make its ratable share of such Loans, the Administrative Agent may assume that such Lender will make its ratable share of the Loans, and in reliance upon such assumption the Administrative Agent may (but in no circumstances shall be required to) make available to the applicable Borrower a corresponding amount. If and to the extent that any Lender fails to make such payment on such date, such Lender shall pay such amount to the Administrative Agent on demand, together with interest thereon, as set forth in Section 2.5(b) of this Agreement.
Funding by Administrative Agent. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Loan that such Lender will not make available to the Administrative Agent such Lender’s Percentage of such Loan, the Administrative Agent may assume that such Lender has made such amount available to the Administrative Agent on the date of such Loan in accordance with this
Funding by Administrative Agent. Subject to receipt of those funds, Administrative Agent shall (i) for a Borrowing under an Agent's Request, treat those funds as a payment by Co-Borrowers on the Principal Debt of Swing Borrowings, and (ii) for any other Borrowing on the Borrowing Date -- unless to its actual knowledge any of the applicable conditions precedent have not been satisfied by Co-Borrowers or waived by the requisite Lenders -- either deposit those funds into the applicable Note Payment Account for a Dry Borrowing, or wire transfer those funds in accordance with the Borrowing Request for a Wet Borrowing.
Funding by Administrative Agent. Administrative Agent shall make the funds available to Co-Borrowers by 3:00 p.m. on the Borrowing Date by wire transferring these funds in accordance with the Borrowing Request or by depositing these funds into the applicable Note Payment Account.
Funding by Administrative Agent. Administrative Agent shall make the funds available to Borrower by 4:00 p.m. on the Borrowing Date by depositing these funds into the Warehouse Account or by wire transfer in accordance with the Borrowing Request.
Funding by Administrative Agent. Subject to receipt of those funds, Administrative Agent shall, unless to its actual knowledge any of the applicable conditions precedent have not been satisfied by the Companies or waived by Lenders, make those funds available to or for the account of Associates or Xxxxxx, as the case may be, by 4:00 p.m. on the Borrowing Date: o For any Warehouse Borrowing, by depositing those funds into the Warehouse Account. o For any Working-Capital Borrowing, by depositing those funds into the Working-Capital Account.
Funding by Administrative Agent. Unless the Administrative Agent shall have been notified by a Bank prior to noon (London time) on the date a Borrowing is to be made that such Bank does not intend to make its Loan as part of such Borrowing available to the Administrative Agent (which notice a Bank shall not be entitled to give unless a condition precedent to lending has not been satisfied or waived), the Administrative Agent may assume that such Bank has made such Loan available to the Administrative Agent on such date and the Administrative Agent may in reliance upon such assumption make available to the Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Bank and the Administrative Agent has made such amount available to the Borrower, the Administrative Agent shall be entitled to receive such amount from such Bank forthwith upon its demand, together with interest thereon in respect of each day during the period commencing on the date such amount was made available to the Borrower and ending on but excluding the date the Administrative Agent recovers such amount at a rate per annum equal to the effective cost as computed by the Administrative Agent of maintaining such loans from Pounds Sterling deposits of the Administrative Agent. If such Bank has not made such funds available within one Business Day of the Administrative Agent's demand therefor, the Borrower shall, promptly upon demand of the Administrative Agent, return such funds to it together with interest thereon at the same daily rate per annum specified in the immediately preceding sentence.
Funding by Administrative Agent. Unless the Administrative Agent shall have been notified by a Bank prior to noon (New York time) on the date a Borrowing is to be made that such Bank does not intend to make its Loan available to the Administrative Agent (which notice a Bank shall not be entitled to give unless a condition precedent to lending has not been satisfied or waived), the Administrative Agent may assume that such Bank has made such Loan available to the Administrative Agent on such date and the Administrative Agent may in
