Common use of Funding by the Administrative Agent in Anticipation of Amounts Due from the Lenders Clause in Contracts

Funding by the Administrative Agent in Anticipation of Amounts Due from the Lenders. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing (except in the case of a Base Rate Borrowing, in which case prior to the time of such Borrowing) that such Lender will not make available to the Administrative Agent such Lender’s share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available to the Administrative Agent on the date of such Borrowing in accordance with subsection (b) of this Section, and the Administrative Agent may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount. If and to the extent that such Lender shall not have so made such share available to the Administrative Agent, such Lender and the Borrower severally agree to repay to the Administrative 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 repaid to the Administrative Agent at (i) a rate per annum equal to the higher of the Federal Funds Rate and the interest rate applicable thereto pursuant to Section 2.06, in the case of the Borrower, and (ii) the Federal Funds Rate, in the case of such Lender. Any payment by the Borrower hereunder shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make its share of a Borrowing available to the Administrative Agent. If such Lender shall repay to the Administrative Agent such corresponding amount, such amount so repaid shall constitute such Lender’s Loan included in such Borrowing for purposes of this Agreement.

Funding by the Administrative Agent in Anticipation of Amounts Due from the Lenders. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing (except in the case of a Base Rate Borrowing, in which case prior to the time of such Borrowing) that such Lender will not make available to the Administrative Agent such Lender’s 's share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available to the Administrative Agent on the date of such Borrowing in accordance with subsection (b) of this Section, and the Administrative Agent may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount. If and to the extent that such Lender shall not have so made such share available to the Administrative Agent, such Lender and the Borrower severally agree to repay to the Administrative 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 repaid to the Administrative Agent at (i) a rate per annum equal to the higher of the Federal Funds Rate and the interest rate applicable thereto pursuant to Section 2.062.05, in the case of the Borrower, and (ii) the Federal Funds Rate, in the case of such Lender. Any payment by the Borrower hereunder shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make its share of a Borrowing available to the Administrative Agent. If such Lender shall repay to the Administrative Agent such corresponding amount, such amount so repaid shall constitute such Lender’s 's Loan included in such Borrowing for purposes of this Agreement.

Funding by the Administrative Agent in Anticipation of Amounts Due from the Lenders. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing (except in the case of a Base Rate Borrowing, in which case prior to the time of such Borrowing) that such Lender will not make available to the Administrative Agent such Lender’s share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available to the Administrative Agent on the date of such Borrowing in accordance with subsection (b) of this SectionSection 2.03, and the Administrative Agent may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount. If and to the extent that such Lender shall not have so made such share available to the Administrative Agent, such Lender and the Borrower severally agree to repay to the Administrative 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 repaid to the Administrative Agent at (i) a rate per annum equal to the higher of the Federal Funds Rate and the interest rate applicable thereto pursuant to Section 2.06, in the case of the Borrower, and (ii) the Federal Funds Rate, in the case of such Lender. Any payment by the Borrower hereunder shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make its share of a Borrowing available to the Administrative Agent. If such Lender shall repay to the Administrative Agent such corresponding amount, such amount so repaid shall constitute such Lender’s Loan included in such Borrowing for purposes of this Agreement.

Funding by the Administrative Agent in Anticipation of Amounts Due from the Lenders. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing (except in the case of a Base Rate Borrowing, in which case prior to the time of such Borrowing) that such Lender will not make available to the Administrative Agent such Lender’s share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available to the Administrative Agent on the date of such Borrowing in accordance with subsection (b) of this Section, and the Administrative Agent may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount. If and to the extent that such Lender shall not have so made such share available to the Administrative Agent, such Lender and the Borrower severally agree to repay to the Administrative 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 repaid to the Administrative Agent at (i) a rate per annum equal to the higher of the Federal Funds Rate and the interest rate applicable thereto pursuant to Section 2.062.05, in the case of the Borrower, and (ii) the Federal Funds Rate, in the case of such Lender. Any payment by the Borrower hereunder shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make its share of a Borrowing available to the Administrative Agent. If such Lender shall repay to the Administrative Agent such corresponding amount, such amount so repaid shall constitute such Lender’s Loan included in such Borrowing for purposes of this Agreement.

Funding by the Administrative Agent in Anticipation of Amounts Due from the Lenders. Unless the Administrative Agent shall have received notice from a Lender prior to the proposed date of any Borrowing (except in the case of a Base Rate Borrowing, in which case prior to the time of such Borrowing) that such Lender will not make available to the Administrative Agent such Lender’s share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available to the Administrative Agent on the date of such Borrowing in accordance with subsection clause (b) of this Sectionabove, and the Administrative Agent may, in reliance upon such assumption, but is not required to, make available to the Borrower on such date a corresponding amount. If and to In such event, if a Lender has not in fact made its share of the extent that such Lender shall not have so made such share applicable Borrowing available to the Administrative Agent, such Agent then the applicable Lender and the Borrower severally agree to repay pay to the Administrative Agent forthwith on demand such corresponding amount, together amount in immediately available funds with interest thereon thereon, for each day from and including the date such amount is made available to the Borrower until but excluding the date such amount is repaid of payment to the Administrative Agent at (i) in the case of a rate per annum equal payment to be made by such Lender, the higher 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 thereto pursuant to Section 2.06. If the Borrower and such Lender shall pay such interest to the Administrative Agent for the same or an overlapping period, in the case Administrative Agent shall promptly remit to the Borrower the amount of such interest paid by the Borrower for such period. If such Lender pays its share of the Borrowerapplicable Borrowing to the Administrative Agent, and (ii) then the Federal Funds Rate, in the case of amount so paid shall constitute such Lender’s Loan included in such Borrowing. Any payment by the Borrower hereunder shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make its share of a Borrowing available such payment to the Administrative Agent. If such Lender shall repay to A notice of the Administrative Agent such corresponding amountto a Lender, such the Borrower with respect to any amount so repaid owing under this clause (c) shall constitute such Lender’s Loan included in such Borrowing for purposes of this Agreementbe conclusive, absent manifest error.

Funding by the Administrative Agent in Anticipation of Amounts Due from the Lenders. Unless the Administrative Agent shall have received notice from a Lender prior to the proposed date of any Borrowing (except in the case of a Base Rate Borrowing, in which case prior to the time of such Borrowing) that such Lender will not make available to the Administrative Agent such Lender’s share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available to the Administrative Agent on the date of such Borrowing in accordance with subsection clause (b) of this Sectionabove, and the Administrative Agent may, in reliance upon such assumption, but is not required to, make available to the Borrower on such date a corresponding amount. If and to In such event, if a Lender has not in fact made its share of the extent that such Lender shall not have so made such share applicable Borrowing available to the Administrative Agent, such Agent then the applicable Lender and the Borrower severally agree to repay pay to the Administrative Agent forthwith on demand such corresponding amount, together amount in immediately available funds with interest thereon thereon, for each day from and including the date such amount is made available to the Borrower until but excluding the date such amount is repaid of payment to the Administrative Agent at (i) in the case of a rate per annum equal payment to be made by such Lender, the higher 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 thereto pursuant to Section 2.062.05. If the Borrower and such Lender shall pay such interest to the Administrative Agent for the same or an overlapping period, in the case Administrative Agent shall promptly remit to the Borrower the amount of such interest paid by the Borrower for such period. If such Lender pays its share of the Borrowerapplicable Borrowing to the Administrative Agent, and (ii) then the Federal Funds Rate, in the case of amount so paid shall constitute such Lender’s Loan included in such Borrowing. Any payment by the Borrower hereunder shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make its share of a Borrowing available such payment to the Administrative Agent. If such Lender shall repay to A notice of the Administrative Agent such corresponding amountto a Lender, such the Borrower with respect to any amount so repaid owing under this clause (c) shall constitute such Lender’s Loan included in such Borrowing for purposes of this Agreementbe conclusive, absent manifest error.

Funding by the Administrative Agent in Anticipation of Amounts Due from the Lenders. Unless the Administrative Agent shall have received notice from a Lender prior to the proposed date of any Borrowing (except in the case of a Base Rate Borrowing, in which case prior to the time of such Borrowing) that such Lender will not make available to the Administrative Agent such Lender’s share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available to the Administrative Agent on the date of such Borrowing in accordance with subsection (b) of this SectionSection 2.03, and the Administrative Agent may, in reliance upon such assumption, but is not required to, make available to the applicable Borrower on such date a corresponding amount. If and to In such event, if a Lender has not in fact made its share of the extent that such Lender shall not have so made such share applicable Borrowing available to the Administrative Agent, such Agent then the applicable Lender and the applicable Borrower severally agree to repay pay to the Administrative Agent forthwith on demand such corresponding amount, together amount in immediately available funds with interest thereon thereon, for each day from and including the date such amount is made available to the such Borrower until but excluding the date such amount is repaid of payment to the Administrative Agent at (i) in the case of a rate per annum equal payment to be made by such Lender, the higher 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 a Borrower, the interest rate applicable thereto pursuant to Section 2.06. If a Borrower and such Lender shall pay such interest to the Administrative Agent for the same or an overlapping period, in the case Administrative Agent shall promptly remit to such Borrower the amount of such interest paid by such Borrower for such period. If such Lender pays its share of the Borrowerapplicable Borrowing to the Administrative Agent, and (ii) then the Federal Funds Rate, in the case of amount so paid shall constitute such Lender’s Loan included in such Borrowing. Any payment by the a Borrower hereunder shall be without prejudice to any claim the such Borrower may have against a Lender that shall have failed to make its share of a Borrowing available such payment to the Administrative Agent. If such Lender shall repay to A notice of the Administrative Agent such corresponding amountto a Lender or any Borrower with respect to any amount owing under this subsection (c) shall be conclusive, such amount so repaid shall constitute such Lender’s Loan included in such Borrowing for purposes of this Agreementabsent manifest error.

Funding by the Administrative Agent in Anticipation of Amounts Due from the Lenders. Unless the Administrative Agent shall have received notice from a Lender prior to the proposed date of any Borrowing (except in the case of a Base Rate Borrowing, in which case prior to the time of such Borrowing) that such Lender will not make available to the Administrative Agent such Lender’s share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available to the Administrative Agent on the date of such Borrowing in accordance with subsection (b) of this SectionSection 2.03, and the Administrative Agent may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount. If and to In such event, if a Lender has not in fact made its share of the extent that such Lender shall not have so made such share applicable Borrowing available to the Administrative Agent, such Agent then the applicable Lender and the Borrower severally agree to repay pay to the Administrative Agent forthwith on demand such corresponding amount, together amount in immediately available funds with interest thereon thereon, for each day from and including the date such amount is made available to the Borrower until but excluding the date such amount is repaid of payment to the Administrative Agent at (i) in the case of a rate per annum equal payment to be made by such Lender, the higher 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 thereto pursuant to Section 2.06. If the Borrower and such Lender shall pay such interest to the Administrative Agent for the same or an overlapping period, in the case Administrative Agent shall promptly remit to the Borrower the amount of such interest paid by the Borrower for such period. If such Lender pays its share of the Borrowerapplicable Borrowing to the Administrative Agent, and (ii) then the Federal Funds Rate, in the case of amount so paid shall constitute such Lender’s Loan included in such Borrowing. Any payment by the Borrower hereunder shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make its share of a Borrowing available such payment to the Administrative Agent. If such Lender shall repay to A notice of the Administrative Agent such corresponding amountto a Lender, such the Borrower with respect to any amount so repaid owing under this subsection (c) shall constitute such Lender’s Loan included in such Borrowing for purposes of this Agreementbe conclusive, absent manifest error.

Funding by the Administrative Agent in Anticipation of Amounts Due from the Lenders. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing (except in the case of a Base Rate Borrowing, in which case prior to the time of such Borrowing) that such Lender will not make available to the Administrative Agent such Lender’s share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available to the Administrative Agent on the date of such Borrowing in accordance with subsection (b) of this SectionSection 2.03, and the Administrative Agent may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount. If and to the extent that such Lender shall not have so made such share available to the Administrative Agent, such Lender and the Borrower severally agree to repay to the Administrative 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 repaid to the Administrative Agent at (i) a rate per annum equal to the higher of the Federal Funds Rate and the interest rate applicable thereto pursuant to Section 2.06, in the case of the Borrower, and (ii) the Federal Funds Rate, in the case of such Lender. Any payment by the Borrower hereunder shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make its share of a Borrowing available to the Administrative Agent. If such Lender shall repay to the Administrative Agent such corresponding amount, such amount so repaid shall constitute such Lender’s Loan included in such Borrowing for purposes of this Agreement.

Funding by the Administrative Agent in Anticipation of Amounts Due from the Lenders. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing (except in the case of a Base Rate Borrowing, in which case prior to the time of such Borrowing) that such Lender will not make available to the Administrative Agent such Lender’s share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available to the Administrative Agent on the date of such Borrowing in accordance with subsection (b) of this SectionSection 2.03, and the Administrative Agent may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount. If and to the extent that such Lender shall not have so made such share available to the Administrative Agent, such Lender and the Borrower severally agree to repay to the Administrative Agent forthwith on demand within two Business Days of 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 repaid to the Administrative Agent at (i) a rate per annum equal to the higher of the Federal Funds Rate and the interest rate applicable thereto pursuant to Section 2.06, in the case of the Borrower, and (ii) the Federal Funds Rate, in the case of such Lender. Any payment by the Borrower hereunder shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make its share of a Borrowing available to the Administrative Agent. If such Lender shall repay to the Administrative Agent such corresponding amount, such amount so repaid shall constitute such Lender’s Loan included in such Borrowing for purposes of this Agreement.

Funding by the Administrative Agent in Anticipation of Amounts Due from the Lenders. Unless the Administrative Agent shall have received notice from a Lender prior to the proposed date of any Borrowing (except in the case of a Base Rate Borrowing, in which case prior to the time of such Borrowing) that such Lender will not make available to the Administrative Agent such Lender’s share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available to the Administrative Agent on the date of such Borrowing in accordance with subsection (b) of this SectionSection 2.03, and the Administrative Agent may, in reliance upon such assumption, but is not required to, make available to the applicable Borrower on such date a corresponding amount. If and to In such event, if a Lender has not in fact made its share of the extent that such Lender shall not have so made such share applicable Borrowing available to the Administrative Agent, such Agent then the applicable Lender and the applicable Borrower severally agree to repay pay to the Administrative Agent forthwith on demand such corresponding amount, together amount in immediately available funds with interest thereon thereon, for each day from and including the date such amount is made available to the such Borrower until but excluding the date such amount is repaid of payment to the Administrative Agent at (i) in the case of a rate per annum equal payment to be made by such Lender, the higher 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 a Borrower, the interest rate applicable thereto pursuant to Section 2.06. If a Borrower and such Lender shall pay such interest to the Administrative Agent for the same or an overlapping period, in the case Administrative Agent shall promptly remit to such Borrower the amount of such interest paid by such Borrower for such period. If such Lender pays its share of the Borrowerapplicable Borrowing to the Administrative Agent, and (ii) then the Federal Funds Rate, in the case of amount so paid shall constitute such Lender’s Loan included in such Borrowing. Any payment by the a Borrower hereunder shall be without prejudice to any claim the such Borrower may have against a Lender that shall have failed to make its share of a Borrowing available such payment to the Administrative Agent. If such Lender shall repay to A notice of the Administrative Agent such corresponding amountto a Lender, such a Borrower with respect to any amount so repaid owing under this subsection (c) shall constitute such Lender’s Loan included in such Borrowing for purposes of this Agreementbe conclusive, absent manifest error.

Funding by the Administrative Agent in Anticipation of Amounts Due from the Lenders. Unless the Administrative Agent shall have received notice from a Lender prior to the proposed date of any Borrowing (except in the case of a Base Rate Borrowing, in which case prior to the time of such Borrowing) that such Lender will not make available to the Administrative Agent such Lender’s share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available to the Administrative Agent on the date of such Borrowing in accordance with subsection (ba) of this SectionSection 2.03, and the Administrative Agent may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount. If and to In such event, if a Lender has not in fact made its share of the extent that such Lender shall not have so made such share applicable Borrowing available to the Administrative Agent, such Agent then the applicable Lender and the Borrower severally agree to repay pay to the Administrative Agent forthwith on demand such corresponding amount, together amount in immediately available funds with interest thereon thereon, for each day from and including the date such amount is made available to the Borrower until but excluding the date such amount is repaid of payment to the Administrative Agent at (i) in the case of a rate per annum equal payment to be made by such Lender, the higher greater of the Federal Funds Effective 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 thereto pursuant to Section 2.06. If the Borrower and such Lender shall pay such interest to the Administrative Agent for the same or an overlapping period, in the case Administrative Agent shall promptly remit to the Borrower the amount of such interest paid by the Borrower for such period. If such Lender pays its share of the Borrowerapplicable Borrowing to the Administrative Agent, and (ii) then the Federal Funds Rate, in the case of amount so paid shall constitute such Lender’s Loan included in such Borrowing. Any payment by the Borrower hereunder shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make its share of a Borrowing available such payment to the Administrative Agent. If such Lender shall repay to A notice from the Administrative Agent such corresponding amountto a Lender or the Borrower with respect to any amount owing under this subsection (c) shall be conclusive, such amount so repaid shall constitute such Lender’s Loan included in such Borrowing for purposes of this Agreementabsent manifest error.

Funding by the Administrative Agent in Anticipation of Amounts Due from the Lenders. Unless the Administrative Agent shall have received notice from a Lender prior to the proposed date of any Borrowing (except in the case of a Base Rate Borrowing, in which case prior to the time of such Borrowing) that such Lender will not make available to the Administrative Agent such Lender’s share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available to the Administrative Agent on the date of such Borrowing in accordance with subsection (b) of this SectionSection 2.03, and the Administrative Agent may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount. If and to In such event, if a Lender has not in fact made its share of the extent that such Lender shall not have so made such share applicable Borrowing available to the Administrative Agent, such then the applicable Lender and the Borrower severally agree to repay pay to the Administrative Agent forthwith on demand such corresponding amount, together amount in immediately available funds with interest thereon thereon, for each day from and including the date such amount is made available to the Borrower until but excluding the date such amount is repaid of payment to the Administrative Agent Agent, at (i) in the case of a rate per annum equal payment to be made by such Lender, the higher 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 thereto pursuant to Section 2.06. If the Borrower and such Lender shall pay such interest to the Administrative Agent for the same or an overlapping period, in the case Administrative Agent shall promptly remit to the Borrower the amount of such interest paid by the Borrower for such period. If such Lender pays its share of the Borrowerapplicable Borrowing to the Administrative Agent, and (ii) then the Federal Funds Rate, in the case of amount so paid shall constitute such Lender’s Loan included in such Borrowing. Any payment by the Borrower hereunder shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make its share of a Borrowing available such payment to the Administrative Agent. If such Lender shall repay to A notice of the Administrative Agent such corresponding amountto a Lender or the Borrower with respect to any amount owing under this subsection (c) shall be conclusive, such amount so repaid shall constitute such Lender’s Loan included in such Borrowing for purposes of this Agreementabsent manifest error.

Funding by the Administrative Agent in Anticipation of Amounts Due from the Lenders. Unless the Administrative Agent shall have received notice from a Lender prior to the proposed date of any Revolving Borrowing (except in the case of a Base Rate Borrowing, in which case prior to the time of such Borrowing) that such Lender will not make available to the Administrative Agent such Lender’s share of such Revolving Borrowing, the Administrative Agent may assume that such Lender has made such share available to the Administrative Agent on the date of such Revolving Borrowing in accordance with subsection clause (b) of this Sectionabove, and the Administrative Agent may, in reliance upon such assumption, but is not required to, make available to the each applicable Borrower on such date a corresponding amount. If and to In such event, if a Lender has not in fact made its share of the extent that such Lender shall not have so made such share applicable Revolving Borrowing available to the Administrative Agent, such Agent then the applicable Lender and the Borrower Borrowers severally agree to repay pay to the Administrative Agent forthwith on demand such corresponding amount, together amount in immediately available funds with interest thereon thereon, for each day from and including the date such amount is made available to the any Borrower until but excluding the date such amount is repaid of payment to the Administrative Agent at (i) in the case of a payment to be made by such Lender, the greater of the Overnight Rate and a rate per annum equal determined by the Administrative Agent in accordance with banking industry rules on interbank compensation and (ii) in the case of a payment to the higher of the Federal Funds Rate and be made by a Borrower, the interest rate applicable thereto pursuant to Section 2.06. If a Borrower and such Lender shall pay such interest to the Administrative Agent for the same or an overlapping period, in the case Administrative Agent shall promptly remit to such Borrower the amount of such interest paid by such Borrower for such period. If such Lender pays its share of the Borrowerapplicable Revolving Borrowing to the Administrative Agent, and (ii) then the Federal Funds Rate, in the case of amount so paid shall constitute such Lender’s Loan included in such Revolving Borrowing. Any payment by the any Borrower hereunder shall be without prejudice to any claim the such Borrower may have against a Lender that shall have failed to make its share of a Borrowing available such payment to the Administrative Agent. If such Lender shall repay to A notice of the Administrative Agent such corresponding amountto a Lender or Borrower with respect to any amount owing under this clause (c) shall be conclusive, such amount so repaid shall constitute such Lender’s Loan included in such Borrowing for purposes of this Agreementabsent manifest error.

Funding by the Administrative Agent in Anticipation of Amounts Due from the Lenders. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing (except in the case of a Base Rate Borrowing, in which case prior to the time of such Borrowing) that such Lender will not make available to the Administrative Agent such Lender’s share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available to the Administrative Agent on the date of such Borrowing in accordance with subsection (bSection 2.03(b) of this Sectionabove, and the Administrative Agent may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount. If and to the extent that such Lender shall not have so made such share available to the Administrative Agent, such Lender and the Borrower severally agree to repay to the Administrative 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 repaid to the Administrative Agent at (i) a rate per annum equal to the higher of the Federal Funds Rate and (if such Borrowing is in Dollars) or the interest rate then applicable thereto pursuant to such Loan in accordance with Section 2.062.05, in the case of the Borrower, and (ii) the Federal Funds RateRate (if such Borrowing is in Dollars) or the Applicable Interbank Offered Rate (if such Borrowing is in an Alternative Currency), in the case of such Lender. Any payment by the Borrower hereunder shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make its share of a Borrowing available to the Administrative Agent. If such Lender shall repay to the Administrative Agent such corresponding amount, such amount so repaid shall constitute such Lender’s Loan included in such Borrowing for purposes of this Agreement.

Funding by the Administrative Agent in Anticipation of Amounts Due from the Lenders. Unless the Administrative Agent shall have received written notice from a Lender prior to the proposed date of any Borrowing (except in the case of a Base Rate Borrowing, in which case prior to the time of such Borrowing) that such Lender will not make available to the Administrative Agent such Lender’s share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available to the Administrative Agent on the date of such Borrowing in accordance with subsection (ba) of this SectionSection 2.03, and the Administrative Agent may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount. If and to In such event, if a Lender has not in fact made its share of the extent that such Lender shall not have so made such share applicable Borrowing available to the Administrative Agent, such Agent then the applicable Lender and the Borrower severally agree to repay pay to the Administrative Agent forthwith on demand such corresponding amount, together amount in immediately available funds with interest thereon thereon, for each day from and including the date such amount is made available to the Borrower until but excluding the date such amount is repaid of payment to the Administrative Agent at (i) in the case of a rate per annum equal payment to be made by such Lender, the higher greater of the Federal Funds Effective 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 thereto pursuant to Section 2.06. If the Borrower and such Lender shall pay such interest to the Administrative Agent for the same or an overlapping period, in the case Administrative Agent shall promptly remit to the Borrower the amount of such interest paid by the Borrower for such period. If such Lender pays its share of the Borrowerapplicable Borrowing to the Administrative Agent, and (ii) then the Federal Funds Rate, in the case of amount so paid shall constitute such Lender’s Loan included in such Borrowing. Any payment by the Borrower hereunder shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make its share of a Borrowing available such payment to the Administrative Agent. If such Lender shall repay to A notice from the Administrative Agent such corresponding amountto a Lender or the Borrower with respect to any amount owing under this subsection (b) shall be conclusive, such amount so repaid shall constitute such Lender’s Loan included in such Borrowing for purposes of this Agreementabsent manifest error.

Funding by the Administrative Agent in Anticipation of Amounts Due from the Lenders. Unless the Administrative Agent shall have received notice from a Lender prior to the proposed date of any Borrowing (except in the case of a Base Rate Borrowing, in which case prior to the time of such Borrowing) that such Lender will not make available to the Administrative Agent such Lender’s share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available to the Administrative Agent on the date of such Borrowing in accordance with subsection (b) of this SectionSection 2.03, and the Administrative Agent may, in reliance upon such assumption, but is not required to, make available to the theapplicable Borrower on such date a corresponding amount. If and to In such event, if a Lender has not in fact made its share of the extent that such Lender shall not have so made such share applicable Borrowing available to the Administrative Agent, such Agent then the applicable Lender and the theapplicable Borrower severally agree to repay pay to the Administrative Agent forthwith on demand such corresponding amount, together amount in immediately available funds with interest thereon thereon, for each day from and including the date such amount is made available to the thesuch Borrower until but excluding the date such amount is repaid of payment to the Administrative Agent at (i) in the case of a rate per annum equal payment to be made by such Lender, the higher 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 thea Borrower, the interest rate applicable thereto pursuant to Section 2.06. If thea Borrower and such Lender shall pay such interest to the Administrative Agent for the same or an overlapping period, in the case Administrative Agent shall promptly remit to thesuch Borrower the amount of such interest paid by thesuch Borrower for such period. If such Lender pays its share of the Borrowerapplicable Borrowing to the Administrative Agent, and (ii) then the Federal Funds Rate, in the case of amount so paid shall constitute such Lender’s Loan included in such Borrowing. Any payment by the thea Borrower hereunder shall be without prejudice to any claim the thesuch Borrower may have against a Lender that shall have failed to make its share of a Borrowing available such payment to the Administrative Agent. If such Lender shall repay to A notice of the Administrative Agent such corresponding amountto a Lender, such thea Borrower with respect to any amount so repaid owing under this subsection (c) shall constitute such Lender’s Loan included in such Borrowing for purposes of this Agreementbe conclusive, absent manifest error.

Funding by the Administrative Agent in Anticipation of Amounts Due from the Lenders. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing (except in the case of a Base Rate Borrowing, in which case prior to the time of such Borrowing) that such Lender will not make available to the Administrative Agent such Lender’s share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available to the Administrative Agent on the date of such Borrowing in accordance with subsection (b) of this Section, and the Administrative Agent may, in reliance upon such assumption, make available to the applicable Borrower on such date a corresponding amount. If and to the extent that such Lender shall not have so made such share available to the Administrative Agent, such Lender and the applicable Borrower severally agree to repay to the Administrative Agent forthwith on demand such corresponding amount, together with interest thereon for each day from the date such amount is made available to the such Borrower until the date such amount is repaid to the Administrative Agent at (i) a rate per annum equal to the higher of the Federal Funds Rate and the interest rate applicable thereto pursuant to Section 2.06, in the case of the Borrower, and (ii) the Federal Funds Overnight Rate, in the case of such Lender. Any payment by the any Borrower hereunder shall be without prejudice to any claim the any Borrower may have against a Lender that shall have failed to make its share of a Borrowing available to the Administrative Agent. If such Lender shall repay to the Administrative Agent such corresponding amount, such amount so repaid shall constitute such Lender’s Loan included in such Borrowing for purposes of this Agreement.

Funding by the Administrative Agent in Anticipation of Amounts Due from the Lenders. Unless the Administrative Agent shall have received notice from a Lender prior to the date time of any Borrowing (except in the case of a Base Rate Borrowing, in which case prior to the time of such Borrowing) that such Lender will not make available to the Administrative Agent such Lender’s share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available to the Administrative Agent on the date of such Borrowing in accordance with subsection (b) of this SectionSection 2.02(b), and the Administrative Agent may, in reliance upon such assumption, make available to for the Borrower purposes of Section 2.02(b) on such date a corresponding amount. If and to the extent that such Lender shall not have so made such share available to the Administrative Agent, such Lender and the Borrower severally agree to repay to the Administrative 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 repaid to the Administrative Agent at (i) a rate per annum equal to the higher of the Federal Funds Rate and the interest rate applicable thereto pursuant to Section 2.062.05, in the case of the Borrower, and (ii) the Federal Funds Rate, in the case of such Lender. Any payment by the Borrower hereunder shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make its share of a Borrowing available to the Administrative Agent. If such Lender shall repay to the Administrative Agent such corresponding amount, such amount so repaid shall constitute such Lender’s Loan included in such Borrowing for purposes of this Agreement.”

Funding by the Administrative Agent in Anticipation of Amounts Due from the Lenders. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing (except in the case of a Base Rate Borrowing, in which case prior to the time of such Borrowing) Loan that such Lender will not make available to the Administrative Agent such Lender’s share of such BorrowingLoan, the Administrative Agent may assume that such Lender has made such share available to the Administrative Agent on the date applicable Funding Date of such Borrowing in accordance with subsection (b) of this Section, Loan and the Administrative Agent may, in reliance upon such assumption, assumption make available to the Borrower on such date a corresponding amountamount on the Administrative Agent’s behalf. If and to the extent that such Lender shall not have so made such share available to the Administrative Agentavailable, such Lender and the Borrower (if and to the extent such corresponding amount was made available by the Administrative Agent hereunder) severally agree to repay to the Administrative 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 repaid to the Administrative Agent at (i) a rate per annum equal to the higher of the Federal Funds Rate and the interest rate applicable thereto pursuant to Section 2.06Applicable Rate, in the case of the Borrower, and (ii) the Federal Funds Rate, in the case of such Lender. Any payment by the Borrower hereunder shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make its share of a Borrowing available to the Administrative Agent. If such Lender shall repay to the Administrative Agent such corresponding amount, such amount so repaid shall constitute such Lender’s Loan included in such Borrowing Loan for purposes of this Agreement.

Funding by the Administrative Agent in Anticipation of Amounts Due from the Lenders. Unless the Administrative Agent shall have received notice from a Lender prior to the date making of any Borrowing (except in the case of a Base Rate Borrowing, in which case prior to Loans on the time of such Borrowing) Closing Date that such Lender will not make its Loans available to the Administrative Agent such Lender’s share of such BorrowingAgent, the Administrative Agent may assume that such Lender has made such share Loans available to the Administrative Agent on the date of such Borrowing Closing Date in accordance with subsection (ba) of this SectionSection 2.03, and the Administrative Agent may, in reliance upon such assumption, make available to the Borrower Borrowers by crediting accounts of the Company and Xxxxx Xxxxx maintained with Bank of America on such date a corresponding amount. If and to the extent that such Lender shall not have so made such share its Loans available to the Administrative Agent, such Lender Lender, severally with the Borrowers, and the Borrower severally Borrowers, jointly and severally, agree to repay to the Administrative Agent forthwith on demand such corresponding amount, together amount in immediately available funds with interest thereon thereon, for each day from and including the date such amount is made available to the Borrower until Borrowers to but excluding the date such amount is repaid of payment to the Administrative Agent Agent, at (i) in the case of a rate per annum equal payment to be made by such Lender, the higher 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 thereto pursuant to Section 2.06, in Base Rate Loans. If the case of the Borrower, Borrowers and (ii) the Federal Funds Rate, in the case of such Lender. Any payment by the Borrower hereunder Lender shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make its share of a Borrowing available pay such interest to the Administrative AgentAgent for the same or an overlapping period, the Administrative Agent shall promptly remit to the Borrowers, collectively, the amount of such interest paid by the Borrowers for such period. If such Lender shall repay to the Administrative Agent such corresponding amount, such amount so repaid shall constitute such Lender’s Loan included in such Borrowing for purposes of this Agreement. Any payment by the Borrowers shall be without prejudice to any claim the Borrowers may have against a Lender that shall have failed to make such payment to the Administrative Agent.

Funding by the Administrative Agent in Anticipation of Amounts Due from the Lenders. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing (except in the case of a Base Rate Borrowing, in which case prior to the time of such Borrowing) that such Lender will not make available to the Administrative Agent such Lender’s 's share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available to the Administrative Agent on the date of such Borrowing in accordance with subsection (bSection 2.03(b) of this Sectionabove, and the Administrative Agent may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount. If and to the extent that such Lender shall not have so made such share available to the Administrative Agent, such Lender and the Borrower severally agree to repay to the Administrative 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 repaid to the Administrative Agent at (i) a rate per annum equal to the higher of the Federal Funds Rate and (if such Borrowing is in Dollars) or the interest rate then applicable thereto pursuant to such Loan in accordance with Section 2.062.05, in the case of the Borrower, and (ii) the Federal Funds RateRate (if such Borrowing is in Dollars) or the Applicable Interbank Offered Rate (if such Borrowing is in an Alternative Currency), in the case of such Lender. Any payment by the Borrower hereunder shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make its share of a Borrowing available to the Administrative Agent. If such Lender shall repay to the Administrative Agent such corresponding amount, such amount so repaid shall constitute such Lender’s 's Loan included in such Borrowing for purposes of this Agreement.

Funding by the Administrative Agent in Anticipation of Amounts Due from the Lenders. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing (except in the case of a Base Rate Borrowing, in which case prior to the time of such Borrowing) that such Lender will not make available to the Administrative Agent such Lender’s 's share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available to the Administrative Agent on the date of such Borrowing in accordance with subsection (bSection 2.04(b) of this Sectionabove, and the Administrative Agent may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount. If and to the extent that such Lender shall not have so made such share available to the Administrative Agent, such Lender and the Borrower severally agree to repay to the Administrative 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 repaid to the Administrative Agent at (i) a rate per annum equal to the higher of the Federal Funds Rate and (if such Borrowing is in Dollars) or the interest rate then applicable thereto pursuant to such Loan in accordance with Section 2.062.07, in the case of the Borrower, and (ii) the Federal Funds RateRate (if such Borrowing is in Dollars) or the Applicable Interbank Offered Rate (if such Borrowing is in an Alternative Currency), in the case of such Lender. Any payment by the Borrower hereunder shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make its share of a Borrowing available to the Administrative Agent. If such Lender shall repay to the Administrative Agent such corresponding amount, such amount so repaid shall constitute such Lender’s 's Loan included in such Borrowing for purposes of this Agreement.

Funding by the Administrative Agent in Anticipation of Amounts Due from the Lenders. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing (except in the case of a Base Rate Borrowing, in which case prior to the time of such Borrowing) that such Lender will not make available to the Administrative Agent such Lender’s share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available to the Administrative Agent on the date of such Borrowing in accordance with subsection (b) of this Section, and the Administrative Agent may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount. If and to the extent that such Lender shall not have so made such share available to the Administrative Agent, such Lender and the Borrower severally agree to repay to the Administrative 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 repaid to the Administrative Agent at (i) a rate per annum equal to the higher of the Federal Funds Rate and the interest rate applicable thereto pursuant to Section 2.062.05, in the case of the Borrower, and (ii) the Federal Funds Rate, in the case of such Lender. Any payment by the Borrower hereunder shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make its share of a Borrowing available to the Administrative Agent. If such Lender shall repay to the Administrative Agent such corresponding amount, such amount so repaid shall constitute such Lender’s Loan included in such Borrowing for purposes of this Agreement.” (e) Section 2.08(a)(ii) of the Credit Agreement shall be deleted in its entirety and replaced with the following:

Funding by the Administrative Agent in Anticipation of Amounts Due from the Lenders. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing (except in the case of a Base Rate Borrowing, in which case prior to the time of such Borrowing) that such Lender will not make available to the Administrative Agent such Lender’s 's share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available to the Administrative Agent on the date of such Borrowing in accordance with subsection (b) of this SectionSection 2.03, and the Administrative Agent may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount. If and to the extent that such Lender shall not have so made such share available to the Administrative Agent, such Lender and the Borrower severally agree to repay to the Administrative Agent forthwith on demand within two Business Days of 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 repaid to the Administrative Agent at (i) a rate per annum equal to the higher of the Federal Funds Rate and the interest rate applicable thereto pursuant to Section 2.06, in the case of the Borrower, and (ii) the Federal Funds Rate, in the case of such Lender. Any payment by the Borrower hereunder shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make its share of a Borrowing available to the Administrative Agent. If such Lender shall repay to the Administrative Agent such corresponding amount, such amount so repaid shall constitute such Lender’s 's Loan included in such Borrowing for purposes of this Agreement.

Funding by the Administrative Agent in Anticipation of Amounts Due from the Lenders. Unless the Administrative Agent shall have received notice from a Lender prior to the date time of any Borrowing (except in the case of a Base Rate Borrowing, in which case prior to the time of such Borrowing) that such Lender will not make available to the Administrative Agent such Lender’s share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available to the Administrative Agent on the date of such Borrowing in accordance with subsection (b) of this SectionSection 2.02(b), and the Administrative Agent may, in reliance upon such assumption, make available to for the Borrower purposes of Section 2.02(b) on such date a corresponding amount. If and to the extent that such Lender shall not have so made such share available to the Administrative Agent, such Lender and the Borrower severally agree to repay to the Administrative 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 repaid to the Administrative Agent at (i) a rate per annum equal to the higher of the Federal Funds Rate and the interest rate applicable thereto pursuant to Section 2.062.05, in the case of the Borrower, and (ii) the Federal Funds Rate, in the case of such Lender. Any payment by the Borrower hereunder shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make its share of a Borrowing available to the Administrative Agent. If such Lender shall repay to the Administrative Agent such corresponding amount, such amount so repaid shall constitute such Lender’s Loan included in such Borrowing for purposes of this Agreement.

Funding by the Administrative Agent in Anticipation of Amounts Due from the Lenders. Unless the Administrative Agent shall have received notice from a Lender prior to the proposed date of any Borrowing (except in the case of a Base Rate Borrowing, in which case prior to the time of such Borrowing) that such Lender will not make available to the Administrative Agent such Lender’s share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available to the Administrative Agent on the date of such Borrowing in accordance with subsection (ba) of this SectionSection 2.03, and the Administrative Agent may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount. If and to In such event, if a Lender has not in fact made its share of the extent that such Lender shall not have so made such share applicable Borrowing available to the Administrative Agent, such Agent then the applicable Lender and the Borrower severally agree to repay pay to the Administrative Agent forthwith on demand such corresponding amount, together amount in immediately available funds with interest thereon thereon, for each day from and including the date such amount is made available to the Borrower until but excluding the date such amount is repaid of payment to the Administrative Agent at (i) in the case of a rate per annum equal payment to be made by such Lender, the higher greater of the Federal Funds Effective 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 thereto pursuant to Section 2.06. If the Borrower and such Lender shall pay such interest to the Administrative Agent for the same or an overlapping period, in the case Administrative Agent shall promptly remit to the Borrower the amount of such interest paid by the Borrower for such period. If such Lender pays its share of the Borrowerapplicable Borrowing to the Administrative Agent, and (ii) then the Federal Funds Rate, in the case of amount so paid shall constitute such Lender’s Loan included in such Borrowing. Any payment by the Borrower hereunder shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make its share of a Borrowing available such payment to the Administrative Agent. If such Lender shall repay to A notice from the Administrative Agent such corresponding amountto a Lender or the Borrower with respect to any amount owing under this subsection (b) shall be conclusive, such amount so repaid shall constitute such Lender’s Loan included in such Borrowing for purposes of this Agreementabsent manifest error.

Funding by the Administrative Agent in Anticipation of Amounts Due from the Lenders. Unless the Administrative Agent shall have received notice from a Lender prior to the proposed date of any Revolving Borrowing (except in the case of a Base Rate Borrowing, in which case prior to the time of such Borrowing) that such Lender will not make available to the Administrative Agent such Lender’s share of such Revolving Borrowing, the Administrative Agent may assume that such Lender has made such share available to the Administrative Agent on the date of such Revolving Borrowing in accordance with subsection clause (b) of this Sectionabove, and the Administrative Agent may, in reliance upon such Table of Contents assumption, but is not required to, make available to the each applicable Borrower on such date a corresponding amount. If and to In such event, if a Lender has not in fact made its share of the extent that such Lender shall not have so made such share applicable Revolving Borrowing available to the Administrative Agent, such Agent then the applicable Lender and the Borrower Borrowers severally agree to repay pay to the Administrative Agent forthwith on demand such corresponding amount, together amount in immediately available funds with interest thereon thereon, for each day from and including the date such amount is made available to the any Borrower until but excluding the date such amount is repaid of payment to the Administrative Agent at (i) in the case of a payment to be made by such Lender, the greater of the Overnight Rate and a rate per annum equal determined by the Administrative Agent in accordance with banking industry rules on interbank compensation and (ii) in the case of a payment to the higher of the Federal Funds Rate and be made by a Borrower, the interest rate applicable thereto pursuant to Section 2.06. If a Borrower and such Lender shall pay such interest to the Administrative Agent for the same or an overlapping period, in the case Administrative Agent shall promptly remit to such Borrower the amount of such interest paid by such Borrower for such period. If such Lender pays its share of the Borrowerapplicable Revolving Borrowing to the Administrative Agent, and (ii) then the Federal Funds Rate, in the case of amount so paid shall constitute such Lender’s Loan included in such Revolving Borrowing. Any payment by the any Borrower hereunder shall be without prejudice to any claim the such Borrower may have against a Lender that shall have failed to make its share of a Borrowing available such payment to the Administrative Agent. If such Lender shall repay to A notice of the Administrative Agent such corresponding amountto a Lender or Borrower with respect to any amount owing under this clause (c) shall be conclusive, such amount so repaid shall constitute such Lender’s Loan included in such Borrowing for purposes of this Agreementabsent manifest error.

Funding by the Administrative Agent in Anticipation of Amounts Due from the Lenders. Unless the Administrative Agent shall have received notice from a Lender prior to the proposed date of any Borrowing (except in the case of a Base Rate Borrowing, in which case prior to the time of such Borrowing) that such Lender will not make available to the Administrative Agent such Lender’s share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available to the Administrative Agent on the date of such Borrowing in accordance with subsection (b) of this SectionSection 2.03, and the Administrative Agent may, in reliance upon such assumption, but is not required to, make available to the Borrower on such date a corresponding amount. If and to In such event, if a Lender has not in fact made its share of the extent that such Lender shall not have so made such share applicable Borrowing available to the Administrative Agent, such Agent then the applicable Lender and the Borrower severally agree to repay pay to the Administrative Agent forthwith on demand such corresponding amount, together amount in immediately available funds with interest thereon thereon, for each day from and including the date such amount is made available to the Borrower until but excluding the date such amount is repaid of payment to the Administrative Agent at (i) in the case of a rate per annum equal payment to be made by such Lender, the higher 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 thereto pursuant to Section 2.06. If the Borrower and such Lender shall pay such interest to the Administrative Agent for the same or an overlapping period, in the case Administrative Agent shall promptly remit to the Borrower the amount of such interest paid by the Borrower for such period. If such Lender pays its share of the Borrowerapplicable Borrowing to the Administrative Agent, and (ii) then the Federal Funds Rate, in the case of amount so paid shall constitute such Lender’s Loan included in such Borrowing. Any payment by the Borrower hereunder shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make its share of a Borrowing available such payment to the Administrative Agent. If such Lender shall repay to A notice of the Administrative Agent such corresponding amountto a Lender, such the Borrower with respect to any amount so repaid owing under this subsection (c) shall constitute such Lender’s Loan included in such Borrowing for purposes of this Agreementbe conclusive, absent manifest error.

Funding by the Administrative Agent in Anticipation of Amounts Due from the Lenders. Unless the Administrative Agent shall have received notice from a Lender prior to the proposed date of any Borrowing (except in the case of a Base Rate Borrowing, in which case prior to the time of such Borrowing) that such Lender will not make available to the Administrative Agent such Lender’s share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available to the Administrative Agent on the date of such Borrowing in accordance with subsection (b) of this SectionSection 2.03, and the Administrative Agent may, in reliance upon such assumption, but is not required to, make available to the applicable Borrower on such date a corresponding amount. If and to In such event, if a Lender has not in fact made its share of the extent that such Lender shall not have so made such share applicable Borrowing available to the Administrative Agent, such Agent then the applicable Lender and the applicable Borrower severally agree to repay pay to the Administrative Agent forthwith on demand such corresponding amount, together amount in immediately available funds with interest thereon thereon, for each day from and including the date such amount is made available to the such Borrower until but excluding the date such amount is repaid of payment to the Administrative Agent at (i) in the case of a rate per annum equal payment to be made by such Lender, the higher 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 a Borrower, the interest rate applicable thereto pursuant to Section 2.06, in the case of the Borrower, and (ii) the Federal Funds Rate, in the case of such Lender. Any payment by the Borrower hereunder shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make its share of a Borrowing available to the Administrative Agent. If such Lender shall repay to the Administrative Agent such corresponding amount, such amount so repaid shall constitute such Lender’s Loan included in such Borrowing for purposes of this Agreement.Section

Funding by the Administrative Agent in Anticipation of Amounts Due from the Lenders. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing (except in the case of a Base Rate Borrowing, in which case prior to the time of such Borrowing) that such Lender will not make available to the Administrative Agent such Lender’s share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available to the Administrative Agent on the date of such Borrowing in accordance with subsection (bSection 2.04(b) of this Sectionabove, and the Administrative Agent or its Correspondent may, in reliance upon such assumption, make available to the applicable Borrower on such date a corresponding amount. If and to the extent that such Lender shall not have so made such share available to the Administrative Agent, such Lender and the Borrower Borrowers severally agree to repay to the Administrative Agent forthwith on demand such corresponding amount, together with interest thereon for each day from the date such amount is made available to the applicable Borrower until the date such amount is repaid to the Administrative Agent at (i) a rate per annum equal to the higher of the Federal Funds Rate and (if such Borrowing is in Dollars) or the interest rate then applicable thereto pursuant to such Loan in accordance with Section 2.062.07, in the case of the such Borrower, and (ii) the Federal Funds RateRate (if such Borrowing is in Dollars) or the Applicable Interbank Offered Rate (if such Borrowing is in an Alternative Currency), in the case of such Lender. Any payment by the Borrower hereunder shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make its share of a Borrowing available to the Administrative Agent. If such Lender shall repay to the Administrative Agent such corresponding amount, such amount so repaid shall constitute such Lender’s Loan included in such Borrowing for purposes of this Agreement.

Funding by the Administrative Agent in Anticipation of Amounts Due from the Lenders. Unless the Administrative Agent shall have received notice from a Lender prior to the proposed date of any Borrowing (except in the case of a Base Rate Borrowing, in which case prior to the time of such Borrowing) that such Lender will not make available to the Administrative Agent such Lender’s share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available to the Administrative Agent on the date of such Borrowing in accordance with subsection clause (b) of this Sectionabove, and the Administrative Agent may, in reliance upon such assumption, but is not required to, make available to the Borrower on such date a corresponding amount. If and to In such event, if a Lender has not in fact made its share of the extent that such Lender shall not have so made such share applicable Borrowing available to the Administrative Agent, such Agent then the applicable Lender and the Borrower severally agree to repay pay to the Administrative Agent forthwith on demand such corresponding amount, together amount in immediately available funds with interest thereon thereon, for each day from and including the date such amount is made available to the Borrower until but excluding the date such amount is repaid of payment to the Administrative Agent at (i) in the case of a payment to be made by such Lender, the greater of the Overnight Rate and a rate per annum equal 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 higher of the Federal Funds Rate and Borrower, the interest rate applicable thereto pursuant to Section 2.06. If the Borrower and such Lender shall pay such interest to the Administrative Agent for the same or an overlapping period, in the case Administrative Agent shall promptly remit to the Borrower the amount of such interest paid by the Borrower for such period. If such Lender pays its share of the Borrowerapplicable Borrowing to the Administrative Agent, and (ii) then the Federal Funds Rate, in the case of amount so paid shall constitute such Lender’s Loan included in such Borrowing. Any payment by the Borrower hereunder shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make its share of a Borrowing available such payment to the Administrative Agent. If such Lender shall repay to A notice of the Administrative Agent such corresponding amountto a Lender, such the Borrower with respect to any amount so repaid owing under this clause (c) shall constitute such Lender’s Loan included in such Borrowing for purposes of this Agreementbe conclusive, absent manifest error.

Funding by the Administrative Agent in Anticipation of Amounts Due from the Lenders. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing (except in the case of a Base Rate Borrowing, in which case prior to the time of such Borrowing) that such Lender will not make available to the Administrative Agent such Lender’s share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available to the Administrative Agent on the date of such Borrowing in accordance with subsection (bSection 2.04(b) of this Sectionabove, and the Administrative Agent may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount. If and to the extent that such Lender shall not have so made such share available to the Administrative Agent, such Lender and the Borrower severally agree to repay to the Administrative 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 repaid to the Administrative Agent at (i) a rate per annum equal to the higher of the Federal Funds Open Rate and (if such Borrowing is in Dollars) or the interest rate then applicable thereto pursuant to such Loan in accordance with Section 2.062.07, in the case of the Borrower, and (ii) the Federal Funds Rate, in the case of such Lender. Any payment by the Borrower hereunder shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make its share of a Borrowing available to the Administrative Agent. If such Lender shall repay to the Administrative Agent such corresponding amount, such amount so repaid shall constitute such Lender’s Loan included in such Borrowing for purposes of this Agreement.

Funding by the Administrative Agent in Anticipation of Amounts Due from the Lenders. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing (except in the case of a Base Rate Borrowing, in which case prior to the time of such Borrowing) that such Lender will not make available to the Administrative Agent such Lender’s share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available to the Administrative Agent on the date of such Borrowing in accordance with subsection (b) of this Section, and the Administrative Agent may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount. If and to the extent that such Lender shall not have so made such share available to the Administrative Agent, such Lender and the Borrower severally agree to repay to the Administrative 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 repaid to the Administrative Agent at (i) a rate per annum equal to the higher of the Federal Funds Rate and the interest rate applicable thereto pursuant to Section 2.062.05, in the case of the Borrower, and (ii) the Federal Funds Rate, in the case of such Lender. Any payment by the Borrower hereunder shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make its share of a Borrowing available to the Administrative Agent. If such Lender shall repay to the Administrative Agent such corresponding amount, such amount so repaid shall constitute such Lender’s Loan included in such Borrowing for purposes of this Agreement.

Funding by the Administrative Agent in Anticipation of Amounts Due from the Lenders. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing (except in the case of a Base Rate Borrowing, in which case prior to the time of such Borrowing) that such Lender will not make available to the Administrative Agent such LenderXxxxxx’s share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available to the Administrative Agent on the date of such Borrowing in accordance with subsection (b) of this Section, and the Administrative Agent may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount. If and to the extent that such Lender shall not have so made such share available to the Administrative Agent, such Lender and the Borrower severally agree to repay to the Administrative 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 repaid to the Administrative Agent at (i) a rate per annum equal to the higher of the Federal Funds Rate and the interest rate applicable thereto pursuant to Section 2.06, in the case of the Borrower, and (ii) the Federal Funds Rate, in the case of such Lender. Any payment by the Borrower hereunder shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make its share of a Borrowing available to the Administrative Agent. If such Lender shall repay to the Administrative Agent such corresponding amount, such amount so repaid shall constitute such Lender’s Loan included in such Borrowing for purposes of this Agreement.

Funding by the Administrative Agent in Anticipation of Amounts Due from the Lenders. Unless the Administrative Agent shall have received notice from a Lender prior to the proposed date of any the Borrowing (except in the case of a Base Rate Borrowing, in which case prior to the time of such Borrowing) that such Lender will not make available to the Administrative Agent such Lender’s share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available to the Administrative Agent on the date of such Borrowing in accordance with subsection (b) of this SectionSection 2.03, and the Administrative Agent may, in reliance upon such assumption, but under no circumstances shall be required to, make available to the Borrower on such date a corresponding amount. If and to In such event, if a Lender has not in fact made its share of the extent that such Lender shall not have so made such share applicable Borrowing available to the Administrative Agent, such then the applicable Lender and the Borrower severally agree to repay pay to the Administrative Agent forthwith on demand such corresponding amount, together amount in immediately available funds with interest thereon thereon, for each day from and including the date such amount is made available to the Borrower until to but excluding the date such amount is repaid of payment to the Administrative Agent Agent, at (i) in the case of a rate per annum equal payment to be made by such Lender, the higher 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 thereto pursuant to Section 2.06Base Rate Loans. If the Borrower and such Lender shall pay such interest to the Administrative Agent for the same or an overlapping period, in the case Administrative Agent shall promptly remit to the Borrower the amount of such interest paid by the Borrower for such period. If such Lender pays its share of the Borrowerapplicable Borrowing to the Administrative Agent, and (ii) then the Federal Funds Rate, in the case of amount so paid shall constitute such Lender’s Loan included in such Borrowing. Any payment by the Borrower hereunder shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make its share of a Borrowing available such payment to the Administrative Agent. If such Lender shall repay to the Administrative Agent such corresponding amount, such amount so repaid shall constitute such Lender’s Loan included in such Borrowing for purposes of this Agreement.

Funding by the Administrative Agent in Anticipation of Amounts Due from the Lenders. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing (except in the case of a Base Rate Borrowing, in which case prior to the time of such Borrowing) that such Lender will not make available to the Administrative Agent such Lender’s share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available to the Administrative Agent on the date of such Borrowing in accordance with subsection (b) of this SectionSection 2.03, and the Administrative Agent may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount. If and to the extent that such Lender shall not have so made such share available to the Administrative Agent, such Lender and the Borrower severally agree to repay to the Administrative Agent forthwith on demand within two Business Days of 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 repaid to the Administrative Agent at (i) a rate per annum equal to the higher of the Federal Funds Rate and the interest rate applicable thereto pursuant to Section 2.06, in the case of the Borrower, Borrower and (ii) the Federal Funds Rate, in the case of such Lender. Any payment by the Borrower hereunder shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make its share of a Borrowing available to the Administrative Agent. If such Lender shall repay to the Administrative Agent such corresponding amount, such amount so repaid shall constitute such Lender’s Loan included in such Borrowing for purposes of this Agreement.