Common use of Funding by Agent Clause in Contracts

Funding by Agent. Unless the Agent shall have been notified in writing by any Lender not later than 4:00 p.m., New York time, on the day before the day on which Loans are requested by the Company to be made that (or, if the request for a Loan is made by the Company on the date such Loan is to be made, then not later than 11:00 a.m. on such day) such Lender will not make its ratable share of such Loans, the Agent may assume that such Lender will make its ratable share of the Loans, and in reliance upon such assumption the Agent may (but in no circumstances shall be required to) make available to the Company 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 Agent on demand (or, if such Lender fails to pay such amount on demand, the Company shall repay such amount loaned to it on demand), together with interest, for the Agent's own account, for each day from and including the date of the Agent's payment to and including the date of repayment to the Agent (before and after judgment) at the rate or rates per annum set forth below. All payments to the Agent under this Section shall be made to the Agent at its office in U.S. Dollars in funds immediately available at such office, without set-off, withholding, counterclaim or other deduction of any nature. If funds deliverable by any Lender to the Agent or by the Agent to any Lender are not made available when required hereunder, the party which has not made such funds available shall pay interest to the other at the Federal Funds Rate for the first three days such funds are not made available and 2% in excess of the Federal Funds Rate thereafter.

Funding by Agent. Unless the Agent shall have been notified in writing by any Lender not later than 4:00 p.m., New York Pittsburgh time, on the day before the day on which Loans are requested by the Company Borrower to be made that (or, if the request for a Loan is made by the Company Borrower on the date such Loan is to be made, then not later than 11:00 a.m. on such day.) such Lender will not make its ratable share of such Loans, the Agent may assume that such Lender will make its ratable share of the Loans, and in reliance upon such assumption the Agent may (but in no circumstances shall be required to) make available to the Company Borrower a corresponding amount. If and to the extent that any Lender fails to make such payment to the Agent on such date, such Lender shall pay such amount to the Agent on demand (or, if such Lender fails to pay such amount on demand, the Company Borrower shall repay pay such amount loaned to it on demand), together with interest, for the Agent's own account, for each day from and including the date of the Agent's payment to and including the date of repayment to the Agent (before and after judgment) at the rate or rates per annum set forth below. All payments to the Agent under this Section shall be made to the Agent at its office Office in U.S. Dollars in funds immediately available at such officeOffice, without set-off, withholding, counterclaim or other deduction of any nature. If funds deliverable by any Lender to the Agent or by the Agent to any Lender are not made available when required hereunder, the party which has not made such funds available shall pay interest to the other at the Federal Funds Effective Rate for the first three days such funds are not made available and 2% in excess of the Federal Funds Effective Rate thereafter.

Funding by Agent. Unless the Agent shall have been notified in writing by any Lender not later than 4:00 p.m., New York Pittsburgh time, on the day before the day on which Loans are requested by the Company Borrower to be made that (or, if the request for a Loan is made by the Company Borrower on the date such Loan is to be made, then not later than 11:00 a.m. on such day) such Lender will not make its ratable share of such Loans, the Agent may assume that such Lender will make its ratable share of the Loans, and in reliance upon such assumption the Agent may (but in no circumstances shall be required to) make available to the Company Borrower a corresponding amount. If and to the extent that any Lender fails to make such payment to the Agent on such date, such Lender shall pay such amount to the Agent on demand (or, if such Lender fails to pay such amount on demand, the Company Borrower shall repay pay such amount loaned to it on demand), together with interest, for the Agent's own account, for each day from and including the date of the Agent's payment to and including the date of repayment to the Agent (before and after judgment) at the rate or rates per annum set forth below. All payments to the Agent under this Section shall be made to the Agent at its office Office in U.S. Dollars in funds immediately available at such officeOffice, without set-off, withholding, counterclaim or other deduction of any nature. If funds deliverable by any Lender to the Agent or by the Agent to any Lender are not made available when required hereunder, the party which has not made such funds available shall pay interest to the other at the Federal Funds Effective Rate for the first three days such funds are not made available and 2% in excess of the Federal Funds Effective Rate thereafter.

Funding by Agent. Unless the Agent shall have been notified in writing by any Lender not later than 4:00 p.m., New York time, the close of business on the day Business Day before the day Business Day on which Loans are requested by the Company one or more Borrowers to be made (and provided that (or, if such Lender shall have received notice from the request for a Loan is made by the Company on the date Agent of such Loan is to be made, then request not later than 11:00 a.m. on such dayclose of business) that such Lender will not make its ratable share Pro Rata Share of such Loans, the Agent may assume that such Lender will make its ratable share Pro Rata Share of the Loans, and in reliance upon such assumption the Agent may (but in under no circumstances shall be required to) make available to the Company such Borrowers a corresponding amount. If and to the extent that any Lender fails to make such payment to the Agent on such date, such Lender shall pay such amount to the Agent on demand (or, if such Lender fails to pay such amount on demand, the Company Borrowers, jointly and severally, shall repay pay such amount loaned to it on demand), together with interest, for the Agent's own account, for each day from and including the date of the Agent's payment to and including the date of repayment to the Agent (before and after judgment) at the rate or rates per annum set forth belowapplicable to such Loans. All payments to the Agent under this Section 9.14 shall be made to the Agent at its office Office in U.S. Dollars in funds immediately available at such officeOffice, without set-off, withholding, counterclaim or other deduction of any nature. If funds deliverable by any Lender to the Agent or by the Agent to any Lender are not made available when required hereunder, the party which has not made such funds available shall pay interest to the other at the Federal Funds Rate for the first three days such funds are not made available and 2% in excess of the Federal Funds Rate thereafter.