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

Funding by Xxxxxxx; Presumption by Administrative Agent. Unless the(b) Administrative Agent shall have received notice from a Lender prior to the proposed date of any Revolving Credit Borrowing of Eurocurrency Rate Loans, Term SOFR Loans or XXXXX Rate Loans (or, in the case of any Revolving Credit Borrowing of Base Rate Loans or LIBOR Daily Floating RateSimple SOFR Loans, prior to 12:00 noon on the date of such Revolving Credit Borrowing) that such Lender will not make available to the Administrative Agent such Xxxxxx’s share of such Revolving Credit Borrowing, the Administrative Agent may assume that such Lender has made such share available on such date in accordance with Section 2.02 (or, in the case of a Revolving Credit Borrowing of Base Rate Loans, that such Lender has made such share available in accordance with and at the time required by Section 2.02) and may, in reliance upon such assumption, make available to the applicable Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable Revolving Credit Borrowing available to the Administrative Agent, then the applicable Lender and the applicable Borrower severally agree to pay to the Administrative Agent forthwith on demand such - 89-

Funding by Xxxxxxx; Presumption by Administrative Agent. Unless the(b) the Administrative Agent shall have received notice from a Lender prior to the proposed date of any Revolving Credit the Borrowing of Eurocurrency Rate Loans, Term SOFR Loans or XXXXX Rate Loans (or, in the case of any Revolving Credit Borrowing of Base Rate Loans or LIBOR Daily Floating RateSimple SOFR Loans, prior to 12:00 noon on the date of such Revolving Credit Borrowing) that such Lender will not make available to the Administrative Agent such Xxxxxx’s share of such Revolving Credit the Borrowing, the Administrative Agent may assume that such Lender Xxxxxx has made such share available on such date in accordance with Section 2.02 (or, in the case of a Revolving Credit Borrowing of Base Rate Loans, that such Lender has made such share available in accordance with and at the time required by Section 2.02) and may, in reliance upon such assumption, make available to the applicable Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable Revolving Credit Borrowing available to the Administrative Agent, then the applicable Lender and the applicable Borrower severally agree to pay to the Administrative Agent forthwith on demand such - 89-corresponding amount in immediately available funds with interest thereon, for each day from and including the date such amount is made available to the Borrower to but excluding the date of payment to the Administrative Agent, at (A) in the case of a payment to be made by such Lender, the greater of the Federal Funds Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on 31

Funding by Xxxxxxx; Presumption by Administrative Agent. Unless the(b) the Administrative Agent shall have received notice from a Lender prior to the proposed date of any Revolving Credit Borrowing of Eurocurrency Rate Loans, Term SOFR Loans or XXXXX Rate Loans (or, in the case of any Revolving Credit Borrowing of Base Rate Loans or LIBOR Daily Floating RateSimple Simple SOFR Rate Loans, prior to 12:00 noon on the date of such Revolving Credit Borrowing) that such Lender will not make available to the Administrative Agent such XxxxxxLender’s share of such Revolving Credit Borrowing, the Administrative Agent may assume that such Lender has made such share available on such date in accordance with Section 2.02 (or, in the case of a Revolving Credit any Borrowing of Base Rate Loans or Daily Simple SOFR Rate Loans, that such Lender has made such share available in accordance with and at the time required by Section 2.02) and may, in reliance upon such assumption, make available to the applicable Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable Revolving Credit Borrowing available to the Administrative Agent, then the applicable Lender and the applicable Borrower severally agree to pay to the Administrative Agent forthwith on demand such - 89-corresponding amount in immediately available funds with interest thereon, for each day from and including the date such amount is made available to the Borrower to but

Funding by Xxxxxxx; Presumption by Administrative Agent. Unless the(b) the Administrative Agent shall have received notice from a Lender prior to the proposed date of any Revolving Credit Borrowing Extension of Eurocurrency Rate Loans, Loans or Term SOFR Loans or XXXXX Rate Loans (or, in the case of any Revolving Credit Borrowing Extension of Base Rate Loans or LIBOR Daily Floating RateSimple SOFR Loans, prior to 12:00 noon on the date of such Revolving Credit BorrowingExtension) that such Lender will not make available to the Administrative Agent such XxxxxxLender’s share of such Revolving Credit BorrowingExtension, the Administrative Agent may assume that such Lender has made such share available on such date in accordance with Section 2.01 or 2.02 (or, in the case of a Revolving Credit Borrowing Extension of Base Rate Loans, that such Lender has made such share available in accordance with and at the time required by Section 2.01 or 2.02) and may, in reliance upon such assumption, make available to the applicable Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable Revolving Credit Borrowing Extension available to the Administrative Agent, then the applicable Lender and the applicable Borrower severally agree to pay to the Administrative Agent forthwith on demand such - 89-corresponding amount in Same Day Funds with interest thereon, for each day from and including the date such amount is made available to such Borrower to but excluding the date of payment to the Administrative Agent, at (A) in the case of a payment to be made by such Lender, the Overnight Rate, plus any 87

Funding by Xxxxxxx; Presumption by Administrative Agent. Unless the(b) the Administrative Agent shall have received notice from a Lender prior to the proposed date of any Revolving Credit Borrowing of Eurocurrency Rate Loans, Term SOFR Loans or XXXXX Rate Loans (or, in the case of any Revolving Credit Borrowing of Base Rate Loans or LIBOR Daily Floating RateSimple SOFR Loans, prior to 12:00 noon on the date of such Revolving Credit Borrowing) that such Lender will not make available to the Administrative Agent such Xxxxxx’s share of such Revolving Credit Borrowing, the Administrative Agent may assume that such Lender has made such share available on such date in accordance with Section 2.02 (or, in the case of a Revolving Credit Borrowing of Base Rate Loans, that such Lender has made such share available in accordance with and at the time required by Section 2.02) and may, in reliance upon such assumption, make available to the applicable Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable Revolving Credit Borrowing available to the Administrative Agent, then the applicable Lender and the applicable Borrower severally agree to pay to the Administrative Agent forthwith on demand such - 89-corresponding amount in immediately available funds with interest thereon, for each day from and including the date such amount is made available to the Borrower to but excluding the date of payment to the Administrative Agent, at (A) in the case of a payment to be made by such Lender, the greater of the Federal

Funding by Xxxxxxx; Presumption by Administrative Agent. Unless the(b) the Administrative Agent shall have received notice from a Lender prior to the proposed date of any Revolving Credit Borrowing of Eurocurrency Rate Loans, Term SOFR Loans or XXXXX Rate Loans (or, in the case of any Revolving Credit Borrowing of Base Rate Loans or LIBOR Daily Floating RateSimple SOFR Loans, prior to 12:00 noon on the date of such Revolving Credit Borrowing) that such Lender will not make available to the Administrative Agent such Xxxxxx’s share of such Revolving Credit Borrowing, the Administrative Agent may assume that such Lender has made such share available on such date in accordance with Section 2.02 (or, in the case of a Revolving Credit Borrowing of Base Rate Loans, that such Lender has made such share available in accordance with and at the time required by Section 2.02) and may, in its sole and absolute discretion, in reliance upon such assumption, make available to the applicable Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable Revolving Credit Borrowing available to the Administrative Agent, then the applicable Lender and the applicable Borrower severally agree to pay to the Administrative Agent forthwith on demand such - 89-corresponding amount in immediately available funds with interest thereon, for each day from and including the date such amount is made available to the Borrower to but excluding the date of payment to the Administrative Agent, at (A) in the case of a payment to be made by such Lender, the greater of the Federal Funds Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation, plus any administrative, processing or similar fees customarily charged by the Administrative Agent in connection with the foregoing, and (B) in the 89 US-DOCS\140506888.9146702970.6

Funding by Xxxxxxx; Presumption by Administrative Agent. Unless the(b) the Administrative Agent shall have received notice from a Lender prior to the proposed date of any Revolving Credit Borrowing of Eurocurrency Rate Loans, Term SOFR Loans or XXXXX Eurodollar Rate Loans (or, in the case of any Revolving Credit Borrowing of Base Rate Loans or LIBOR Daily Floating RateSimple SOFR Loans, prior to 12:00 noon p.m. (New York City time) on the date of such Revolving Credit Borrowing) that such Lender will not make available to the Administrative Agent such XxxxxxLender’s share of such Revolving Credit Borrowing, the Administrative Agent may assume that such Lender has made such share available on such date in accordance with Section 2.02 (or, in the case of a Revolving Credit Borrowing of Base Rate Loans, that such Lender has made such share available in accordance with and at the time required by Section 2.02) and may, in reliance upon such assumption, make available to the applicable Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable Revolving Credit Borrowing available to the Administrative Agent, then the applicable Lender and the applicable Borrower severally agree agrees to pay to the Administrative Agent forthwith on demand such - 89-corresponding amount in immediately available funds with interest thereon, for each day from and including the date such amount is made available to the Borrower to but excluding the date of payment to the Administrative Agent, at

Funding by Xxxxxxx; Presumption by Administrative Agent. Unless the(b) the Administrative Agent shall have received notice from a an Appropriate Lender prior to the proposed date of any Revolving Credit Committed Borrowing of Eurocurrency Rate Loans, Term RateTerm SOFR Loans or XXXXX Alternative Currency Term Rate Loans (or, in the case of any Revolving Credit Committed Borrowing of Base Rate Loans or LIBOR Alternative Currency Daily Floating RateSimple SOFR Rate Loans, prior to 12:00 noon on the date of such Revolving Credit Committed Borrowing) that such Appropriate Lender will not make available to the Administrative Agent such XxxxxxAppropriate Lender’s share of such Revolving Credit Committed Borrowing, the Administrative Agent may assume that such Appropriate Lender has made such share available on such date in accordance with Section 2.02 (or, in the case of a Revolving Credit Committed Borrowing of Base Rate Loans or Alternative Currency Daily Rate Loans, that such Lender has made such share available in accordance with and at the time required by Section 2.02) and may, in reliance upon such assumption, make available to the applicable Borrower a corresponding amount. In such event, if a an Appropriate Lender has not in fact made its share of the applicable Revolving Credit Committed Borrowing available to the Administrative Agent, then the applicable Appropriate Lender and the applicable Borrower severally agree to pay to the Administrative Agent forthwith on demand such - 89-72

Funding by Xxxxxxx; Presumption by Administrative Agent. Unless the(b) the Administrative Agent shall have received notice from a Lender prior to the proposed date of any Revolving Credit Borrowing of Eurocurrency Eurodollar Rate Loans, Term SOFR Loans or XXXXX Rate SOFR Loans (or, in the case of any Revolving Credit Borrowing of Base Rate Loans or LIBOR Daily Floating RateSimple SOFR Loans, prior to 12:00 noon on the date of such Revolving Credit Borrowing) that such Lender will not make available to the Administrative Agent such XxxxxxLender’s share of such Revolving Credit Borrowing, the Administrative Agent may assume that such Lender has made such share available on such date in accordance with Section 2.02 (or, in the case of a Revolving Credit Borrowing of Base Rate Loans, that such Lender has made such share available in accordance with and at the time required by Section 2.02) and may, in its sole and absolute discretion, in reliance upon such assumption, make available to the applicable Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable Revolving Credit Borrowing available to the Administrative Agent, then the applicable Lender and the applicable Borrower severally agree to pay to the Administrative Agent forthwith on demand such - 89-corresponding amount in immediately available funds with interest thereon, for each day from and including the date such amount is made available to the Borrower to but excluding the date of payment to the Administrative Agent, at (A) in the case of a payment to be made by such Lender, the greater of the Federal Funds Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation, plus any administrative, processing or similar fees customarily charged by the Administrative Agent in connection with the foregoing, and (B) in the case of a 92 US-DOCS\136335661.3140506888.9

Funding by Xxxxxxx; Presumption by Administrative Agent. Unless the(b) the Administrative Agent shall have received notice from a Lender prior to the proposed date of any Revolving Credit Borrowing of Eurocurrency Rate Loans, Term SOFR Loans or XXXXX Rate Benchmark Loans (or, in the case of any Revolving Credit Borrowing of Base Rate Loans or LIBOR Daily Floating RateSimple SOFR Loans, prior to 12:00 noon on the date of such Revolving Credit Borrowing) that such Lender will not make available to the Administrative Agent such Xxxxxx’s share of such Revolving Credit Borrowing, the Administrative Agent may assume that such Lender has made such share available on such date in accordance with Section 2.02 (or, in the case of a Revolving Credit Borrowing of Base Rate Loans, that such Lender has made such share available in accordance with and at the time required by Section 2.02) and may, in reliance upon such assumption, make available to the applicable Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable Revolving Credit Borrowing available to the Administrative Agent, then the applicable Lender and the applicable Borrower severally agree to pay to the Administrative Agent forthwith on demand such - 89-corresponding amount in immediately available funds with interest thereon, for each day from and including the date such amount is made available to the applicable Borrower to but excluding the date of payment to the Administrative Agent, at (A) in the case of a payment to be made by such Lender, the greater of the Federal Funds Rate and