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

Funding by Xxxxxxx; Presumption by the Administrative Agent. Unless the Administrative Agent shall have received notice from a Lender prior to the proposed date of any advance of funds that such Lender will not make available to the Administrative Agent such Xxxxxx’s share of such advance, the Administrative Agent may assume that such Xxxxxx has made such share available on such date in accordance with the provisions of this Agreement concerning funding by Xxxxxxx and may, in reliance upon such assumption, make available to the Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable advance available to the Administrative Agent, then the applicable Lender shall pay to the Administrative Agent forthwith on demand such corresponding amount with interest thereon, for each day from and including the date such amount is made available to the Borrower to but excluding the date of payment to the Administrative Agent, at a rate determined by the Administrative Agent in accordance with prevailing banking industry practice on interbank compensation. If such Lender pays such amount to the Administrative Agent, then such amount shall constitute such Lender’s Loan included in such advance. If such Lender does not do so forthwith, the Borrower shall pay to the Administrative Agent forthwith on demand such corresponding amount with interest thereon at the interest rate applicable to the advance in question. Any payment by the Borrower shall be without prejudice to any claim Borrower may have against a Lender that has failed to make such payment to the Administrative Agent. F#116541 Second Amended & Restated Loan Agreement C#34357

Funding by Xxxxxxx; Presumption by the Administrative Agent. Unless the (i) The Administrative Agent shall have received notice from a Lender prior to the proposed date of any advance of funds may assume that such each Lender will not make each Lender’s requested Loan amount available to the Administrative Agent such Xxxxxx’s share of such advance, on any Utilization Date (unless the Administrative Agent may assume that has received prior notice to the contrary from such Xxxxxx has made such share available on such date Lender), and in accordance with the provisions of this Agreement concerning funding by Xxxxxxx and may, in reliance upon such assumptionits sole discretion, make available to the Borrower a corresponding amount. In (A) If the Administrative Agent has funded any amount to the Borrower but such event, if a Lender has corresponding amount is not in fact made its share of the applicable advance available funded to the Administrative Agent, then the applicable Lender shall pay to the Administrative Agent forthwith shall be entitled to recover such amount on demand from such corresponding amount Lender with interest thereon, for each day from and including such Utilization Date until the date such amount is made available to the Borrower to but excluding the date of payment paid to the Administrative Agent, at a the rate determined set by the Administrative Agent in accordance with prevailing banking industry practice on interbank compensationfor the correction of errors among banks for 3 Business Days, and thereafter at the Interest Rate. (B) If such Lender pays does not pay such amount upon demand by the Administrative Agent, the Administrative Agent shall notify the Borrower and the Borrower shall pay such amount to the Administrative AgentAgent with interest thereon, then on or prior to the next Interest Payment Date, for each day from such Utilization Date until the date such amount shall constitute such Lender’s Loan included in such advance. If such Lender does not do so forthwith, the Borrower shall pay is paid to the Administrative Agent forthwith on demand such corresponding amount with interest thereon Agent, at the interest rate applicable Interest Rate. (ii) Nothing in this Section 2.3(c) shall relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that the advance in question. Any payment by the Borrower shall be without prejudice to any claim Borrower may have against any Lender as a Lender that has failed to make result of any default by such payment to Xxxxxx xxxxxxxxx. A notice of the Administrative Agent. F#116541 Second Amended & Restated Loan Agreement C#34357Agent to any Lender or Borrower with respect to any amount owing under this Section 2.3(c) shall be conclusive, absent manifest error.

Funding by Xxxxxxx; Presumption by the Administrative Agent. Unless the Administrative Agent shall have received notice from a Lender prior to the proposed date of any advance of funds Borrowing that such Lender will not make available to the Administrative Agent such Xxxxxx’s share of such advanceBorrowing, the Administrative Agent may assume that such Xxxxxx has made such share available on such date in accordance with the provisions of this Agreement concerning funding by Xxxxxxx Section 2.02 and may, in reliance upon such assumption, make available to the Borrower Borrowers a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable advance Borrowing available to the Administrative Agent, then the applicable Lender shall and the Borrowers severally agree to pay to the Administrative Agent forthwith on demand such 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 Borrowers 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 Federal Funds Rate, and (B) in the case of a payment to be made by the Borrowers, the interest rate determined by applicable to Alternate Base Rate Loans. If the Borrowers and such Lender shall pay such interest to the Administrative Agent in accordance with prevailing banking industry practice on interbank compensationfor the same or an overlapping period, the Administrative Agent shall promptly remit to the Borrower Representative the amount of such interest paid by the Borrowers for such period. If such Lender pays such amount its share of the applicable Borrowing to the Administrative Agent, then such the amount so paid shall constitute such Lender’s Loan included in such advance. If such Lender does not do so forthwith, the Borrower shall pay to the Administrative Agent forthwith on demand such corresponding amount with interest thereon at the interest rate applicable to the advance in questionBorrowing. Any payment by the Borrower Borrowers shall be without prejudice to any claim Borrower the Borrowers may have against a Lender that has shall have failed to make such payment to the Administrative Agent. F#116541 Second Amended & Restated Loan Agreement C#34357.

Funding by Xxxxxxx; Presumption by the Administrative Agent. Unless the Administrative Agent shall have received notice from a Lender prior to the proposed date time of any advance of funds Borrowing that such Lender will not make available to the Administrative Agent such Xxxxxx’s share of such advanceBorrowing, the Administrative Agent may assume that such Xxxxxx has made such share available on such date in accordance with the provisions of this Agreement concerning funding by Xxxxxxx Section 2.02 and may, in reliance upon such assumption, make available to the Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable advance Borrowing available to the Administrative Agent, then the applicable Lender shall and the Borrower severally agree to pay to the Administrative Agent forthwith on demand such corresponding amount in Same Day 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 Effective Rate and a rate determined by the Administrative Agent in accordance with prevailing banking industry practice 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 payment to be made by the Borrower, the interest rate applicable to Base Rate Loans. If the Borrower and such Lender shall pay such interest to the Administrative Agent for the same or an overlapping period, the Administrative Agent shall promptly remit to the Borrower the amount of such interest paid by the Borrower for such period. If such Lender pays such amount its share of the applicable Borrowing to the Administrative Agent, then such the amount so paid shall constitute such Lender’s Loan included in such advance. If such Lender does not do so forthwith, the Borrower shall pay to the Administrative Agent forthwith on demand such corresponding amount with interest thereon at the interest rate applicable to the advance in questionBorrowing. Any payment by the Borrower shall be without prejudice to any claim the Borrower may have against a Lender that has shall have failed to make such payment to the Administrative Agent. F#116541 Second Amended & Restated Loan Agreement C#34357.