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

Funding by the Agent in Anticipation of Amounts Due from the Lenders. Unless the Agent shall have received notice from a Lender prior to the date of any Borrowing that such Lender will not make available to the Agent such Lender’s share of such Borrowing, the Agent may assume that such Lender has made such share available to the Agent on the Funding Date of such Loan in accordance with subsection (b) of this Section, and the 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 Agent, such Lender and the Borrower (if and to the extent such corresponding amount was made available by the Agent hereunder) severally in the case of the Lenders and the Borrower, agree to repay to the Agent forthwith on demand such corresponding amount, together with interest thereon for each day from the date such amount is made available to the Borrower until the date such amount is repaid to the Agent at (i) a rate per annum equal to the higher of the Federal Funds Effective Rate and the Euro-Rate, in the case of the Borrower, and (ii) the Federal Funds Effective Rate, in the case of such Lender. If such Lender shall repay to the 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 Agent in Anticipation of Amounts Due from the Lenders. Unless the Agent shall have received notice from a Lender prior to the date of any Borrowing that such Lender will not make available to the Agent such Lender’s share of such Borrowing, the Agent may assume that such Lender has made such share available to the Agent on the Funding Date of such Loan in accordance with subsection (b) of this Section, and the 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 Agent, such Lender and the Borrower (if and to the extent such corresponding amount was made available by the Agent hereunder) severally in the case of the Lenders and the Borrower, agree to repay to the Agent forthwith on demand such corresponding amount, together with interest thereon for each day from the date such amount is made available to the Borrower until the date such amount is repaid to the Agent at (i) a rate per annum equal to the higher of the Federal Funds Effective Rate and the Euro-interest Applicable Rate, in the case of the Borrower, and (ii) the Federal Funds Effective Rate, in the case of such Lender. If such Lender shall repay to the 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 Agent in Anticipation of Amounts Due from the Lenders. Unless the Agent shall have received notice from a Lender prior to the date of any Borrowing Funding Date that such Lender will not make available to the Agent Depositary such Lender’s share of such the Borrowing, the Agent may assume that such Lender has made such share available to the Agent Depositary on the Funding Date of such Loan in accordance with subsection (b) of this SectionSection 2.03, and the Agent may, in reliance upon such assumption, instruct the Depositary to make available to the Borrower on such date a corresponding amountamount provided by the Agent. If and to the extent that such Lender shall not have so made such share available to the AgentDepositary, such Lender and the Borrower (if and to the extent such corresponding amount was made available by the Agent hereunder) severally in the case of the Lenders and the Borrower, agree to repay to the Agent forthwith on demand such corresponding amount, together with interest thereon for each day from the date such amount is made available to the Borrower until the date such amount is repaid to the Agent at (i) a rate per annum equal to the higher of the Federal Funds Effective Rate and the Euro-Applicable Rate, in the case of the Borrower, and (ii) the Federal Funds Effective Rate, in the case of such Lender. If such Lender shall repay to the Agent such corresponding amount, such amount so repaid shall constitute such Lender’s Loan included in such the Borrowing for purposes of this Agreement.

Funding by the Agent in Anticipation of Amounts Due from the Lenders. Unless the Agent shall have received notice from a Lender prior to the date of any Borrowing that such Lender will not make available to the Agent Depositary such Lender’s share of such Borrowing, the Agent may assume that such Lender Xxxxxx has made such share available to the Agent Depositary on the Funding Date of such Loan in accordance with subsection (b) of this Section, and the Agent may, in reliance upon such assumption, instruct the Depositary to make available to the applicable Borrower on such date a corresponding amountamount on the Agent’s behalf. If and to the extent that such Lender shall not have so made such share available to the AgentDepositary, such Lender and the applicable Borrower (if and to the extent such corresponding amount was made available by the Agent hereunder) severally in the case of the Lenders and the Borrower, agree to repay to the Agent forthwith on demand such corresponding amount, together with interest thereon for each day from the date such amount is made available to the applicable Borrower until the date such amount is repaid to the Agent at (i) a rate per annum equal to the higher of the Federal Funds Effective Rate and the Euro-rate set forth in clause (i) of the definition of the Applicable Rate, in the case of the Borrower, and (ii) the Federal Funds Effective Rate, in the case of such Lender. If such Lender shall repay to the 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 Agent in Anticipation of Amounts Due from the Lenders. Unless the Agent shall have received notice from a Lender prior to the date of any Borrowing that such Lender will not make available to the Agent Depositary such Lender’s share of such Borrowing, the Agent may assume that such Lender has made such share available to the Agent Depositary on the Funding Date of such Loan in accordance with subsection (b) of this SectionSection 2.03, and the Agent may, in reliance upon such assumption, make available instruct the Depositary in accordance with Section 2.03(b) to disburse to the Borrower on such date a corresponding amountamount on the Agent’s behalf. If and to the extent that such Lender shall not have so made such share available to the AgentDepositary in accordance with Section 2.03(b), such Lender and the Borrower (if and to the extent such corresponding amount was made available by the Agent hereunder) severally in the case of the Lenders and the Borrower, agree to repay to the Agent forthwith on demand such corresponding amount, together with interest thereon for each day from the date such amount is made available to the Borrower until the date such amount is repaid to the Agent at (i) a rate per annum equal to the higher of the Federal Funds Effective Rate and the Euro-Applicable Rate, in the case of the Borrower, and (ii) the Federal Funds Effective Rate, in the case of such Lender. If such Lender shall repay to the 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 Agent in Anticipation of Amounts Due from the Lenders. Unless the Agent shall have received notice from a Lender prior to the date of any Borrowing that such Lender will not make available to the Agent Depositary such Lender’s 's share of such Borrowing, the Agent may assume that such Lender has made such share available to the Agent Depositary on the Funding Date of such Loan in accordance with subsection (b) of this Section, and the Agent may, in reliance upon such assumption, instruct the Depositary to make available to the Borrower on such date a corresponding amountamount on the Agent's behalf. If and to the extent that such Lender shall not have so made such share available to the AgentDepositary, such Lender and the Borrower (if and to the extent such corresponding amount was made available by the Agent hereunder) severally in the case of the Lenders and the Borrower, agree to repay to the Agent forthwith on demand such corresponding amount, together with interest thereon for each day from the date such amount is made available to the Borrower until the date such amount is repaid to the Agent at (i) a rate per annum equal to the higher of the Federal Funds Effective Rate and the Euro-rate set forth in clause (i) of the definition of the Applicable Rate, in the case of the Borrower, and (ii) the Federal Funds Effective Rate, in the case of such Lender. If such Lender shall repay to the 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 Agent in Anticipation of Amounts Due from the Lenders. Unless the Agent shall have received notice from a Lender prior to the date of any Borrowing that such Lender will not make available to the Agent Depositary such Lender’s share of such Borrowing, the Second Amended and Restated Warehouse Loan Agreement Agent may assume that such Lender has made such share available to the Agent Depositary on the Funding Date of such Loan in accordance with subsection (b) of this Section, and the Agent may, in reliance upon such assumption, instruct the Depositary to make available to the Borrower on such date a corresponding amountamount on the Agent’s behalf. If and to the extent that such Lender shall not have so made such share available to the AgentDepositary, such Lender and the Borrower (if and to the extent such corresponding amount was made available by the Agent hereunder) severally in the case of the Lenders and the Borrower, agree to repay to the Agent forthwith on demand such corresponding amount, together with interest thereon for each day from the date such amount is made available to the Borrower until the date such amount is repaid to the Agent at (i) a rate per annum equal to the higher of the Federal Funds Effective Rate and the Euro-Applicable Rate, in the case of the Borrower, and (ii) the Federal Funds Effective Rate, in the case of such Lender. If such Lender shall repay to the Agent such corresponding amount, such amount so repaid shall constitute such Lender’s Loan included in such Borrowing for purposes of this Agreement.