Common use of Funding by Lenders; Presumption by the Administrative Agent Clause in Contracts

Funding by Lenders; Presumption by the Administrative Agent. Unless the Administrative Agent shall have been notified in writing by a Lender prior to the date a Loan is to be made by such Lender (which notice shall be effective upon receipt) that such Lender does not intend to make the proceeds of such Loan available to the Administrative Agent, the Administrative Agent may assume that such Lender has made such proceeds available to the Administrative Agent on such date, and the Administrative Agent may in reliance upon such assumption (but shall not be required to) make available to the Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent, the Administrative Agent shall be able to recover such corresponding amount from such Lender. If such Lender does not pay such corresponding amount forthwith upon the Administrative Agent’s demand therefor, the Administrative Agent will promptly notify the Borrower, and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover from the Lender or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Administrative Agent to the Borrower to the date such corresponding amount is recovered by the Administrative Agent at a per annum rate equal to (i) from the Borrower at the applicable rate for the applicable borrowing pursuant to the Notice of Borrowing and (ii) from a Lender at the Federal Funds Rate.

Funding by Lenders; Presumption by the Administrative Agent. Unless the Administrative Agent shall have been notified in writing by received notice from a Lender prior to the proposed date a Loan is to be made by such Lender (which notice shall be effective upon receipt) of any Borrowing that such Lender does will not intend to make the proceeds of such Loan available to the Administrative AgentAgent such Lender’s share of such Borrowing, the Administrative Agent may assume that such Lender has made such proceeds share available to the Administrative Agent on such datedate in accordance with Section 2.02 and may, and the Administrative Agent may in reliance upon such assumption (but shall not be required to) assumption, make available to the Borrower a corresponding amount. If In such corresponding amount is event, if a Lender has not in fact made its share of the applicable Borrowing available to the Administrative Agent, then the applicable Lender and the Borrower severally agree to pay to the Administrative Agent forthwith on demand such corresponding amount with interest thereon, for each day from and including the date such amount is made available to the Borrower to 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 compensation and (ii) in the case of a payment to be made by the Borrower, the interest rate applicable to Euro-Dollar Advances. If the Borrower and such Lender shall pay such interest to the Administrative Agent for the same or an overlapping period, the Administrative Agent shall be able promptly remit to recover the Borrower the amount of such corresponding amount from interest paid by the Borrower for such Lenderperiod. If such Lender does not pay such corresponding amount forthwith upon pays its share of the Administrative Agent’s demand therefor, the Administrative Agent will promptly notify the Borrower, and the Borrower shall immediately pay such corresponding amount applicable Borrowing to the Administrative Agent, then the amount so paid shall constitute such Lender’s Advance included in such Borrowing. The Administrative Agent shall also be entitled to recover from the Lender or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such corresponding amount was made available Any payment by the Administrative Agent Borrower shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make such payment to the Borrower to the date such corresponding amount is recovered by the Administrative Agent at a per annum rate equal to (i) from the Borrower at the applicable rate for the applicable borrowing pursuant to the Notice of Borrowing and (ii) from a Lender at the Federal Funds RateAgent.

Funding by Lenders; Presumption by the Administrative Agent. Unless the Administrative Agent shall have been notified in writing by received notice from a Lender prior to the proposed date a Loan is to be made by such Lender (which notice shall be effective upon receipt) of any advance of funds that such Lender does will not intend to make the proceeds of such Loan available to the Administrative AgentAgent such Lender’s share of such advance, the Administrative Agent may assume that such Lender has made such proceeds share available to the Administrative Agent on such datedate in accordance with the provisions of this Agreement concerning funding by Lenders and may, and the Administrative Agent may in reliance upon such assumption (but shall not be required to) assumption, make available to the Borrower a corresponding amount. If In such corresponding amount is event, if a Lender has not in fact made its share of the applicable advance available to the Administrative Agent, then the applicable Lender shall pay to the Administrative Agent shall be able to recover forthwith on demand such corresponding amount with interest thereon, for each day from and including the date such amount is made available to the Borrower to but excluding the date of payment to the Administrative Agent, at a rate determined by the Administrative Agent in accordance with prevailing banking industry practice on interbank compensation. If such Lender pays such amount to the Administrative Agent, then such amount shall constitute such Lender’s Loan included in such advance. If such Lender does not do so forthwith, the Borrower shall pay to the Administrative Agent forthwith on demand such corresponding amount forthwith upon with interest thereon at the Administrative Agent’s demand therefor, interest rate applicable to the Administrative Agent will promptly notify the Borrower, and advance in question. Any payment by the Borrower shall immediately pay be without prejudice to any claim Borrower may have against a Lender that has failed to make such corresponding amount payment to the Administrative Agent. The Administrative Agent shall also be entitled to recover from the Lender or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Administrative Agent to the Borrower to the date such corresponding amount is recovered by the Administrative Agent at a per annum rate equal to (i) from the Borrower at the applicable rate for the applicable borrowing pursuant to the Notice of Borrowing and (ii) from a Lender at the Federal Funds Rate.

Funding by Lenders; Presumption by the Administrative Agent. Unless the Administrative Agent shall have been notified in writing by received notice from a Lender prior to the proposed date a Loan is to be made by such Lender (which notice shall be effective upon receipt) of any Borrowing that such Lender does will not intend to make the proceeds of such Loan available to the Administrative AgentAgent such Lender’s share of such Borrowing, the Administrative Agent may assume that such Lender has made such proceeds share available to the Administrative Agent on such datedate in accordance with Section 2.02 and may, and the Administrative Agent may in reliance upon such assumption (but shall not be required to) assumption, make available to the Borrower a corresponding amount. If In such corresponding amount is event, if a Lender has not in fact made its share of the applicable Borrowing available to the Administrative Agent, then the applicable Lender and the Borrower severally agree to pay to the Administrative Agent forthwith on demand such corresponding amount with interest thereon, for each day from and including the date such amount is made available to the Borrower to 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 reasonably determined by the Administrative Agent in accordance with banking industry rules on interbank compensation and (ii) in the case of a payment to be made by the Borrower, the interest rate applicable to Euro-Dollar Advances. If the Borrower and such Lender shall pay such interest to the Administrative Agent for the same or an overlapping period, the Administrative Agent shall be able promptly remit to recover the Borrower the amount of such corresponding amount from interest paid by the Borrower for such Lenderperiod. If such Lender does not pay such corresponding amount forthwith upon pays its share of the Administrative Agent’s demand therefor, the Administrative Agent will promptly notify the Borrower, and the Borrower shall immediately pay such corresponding amount applicable Borrowing to the Administrative Agent, then the amount so paid shall constitute such Lender’s Advance included in such Borrowing. The Administrative Agent shall also be entitled to recover from the Lender or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such corresponding amount was made available Any payment by the Administrative Agent Borrower shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make such payment to the Borrower to the date such corresponding amount is recovered by the Administrative Agent at a per annum rate equal to (i) from the Borrower at the applicable rate for the applicable borrowing pursuant to the Notice of Borrowing and (ii) from a Lender at the Federal Funds RateAgent.