Common use of Funding Mechanics Clause in Contracts

Funding Mechanics. (a) If any Funding Request is delivered to the Administrative Agent after 3:00 p.m., New York City time, two Business Days prior to the proposed Funding Date, such Funding Request shall be deemed to be received prior to 3:00 p.m., New York City time, on the next succeeding Business Day and the proposed Funding Date of such proposed Loan shall be deemed to be the second Business Day following the date of such deemed receipt. Each Funding Request shall include a representation by the Borrower that (i) the requested Loan will not, on the related Funding Date, exceed the Available Amount and (ii) all conditions precedent to the making of such Loan have been satisfied or will be satisfied as of the proposed Funding Date. Any Funding Request shall be irrevocable. (b) Each Lender's Lender Advance of a Loan shall be made available to the Agent for its Lender Group, subject to the fulfillment of the applicable conditions set forth in Article Four, at or prior to 1:00 p.m., New York City time, on the applicable Funding Date, by deposit of immediately available funds to the Administrative Agent's Account. The Administrative Agent shall promptly notify the Borrower and the related Agent in the event that any Lender Group either fails to make such funds available before such time or notifies the Administrative Agent that it will not make such funds available before such time. Subject to the fulfillment of the applicable conditions set forth in Article Four, as determined by the Administrative Agent, the Administrative Agent will not later than 3:00 p.m., New York City time, on such Funding Date make all such funds deposited to the Administrative Agent’s Account by the Agents available, in the same type of funds received, by wire transfer thereof to the Borrower's Account. If any Lender Group makes available to the Administrative Agent funds for any Loan to be made by such Lender Group as provided in the foregoing provisions of this Article, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Loan set forth in Article Four are not satisfied or waived in accordance with the terms 51

Funding Mechanics. (a) If any Funding Request is delivered to the Administrative Agent and the Agents after 3:00 p.m., New York City time, two Business Days prior to the proposed Funding Date, such Funding Request shall be deemed to be received prior to 3:00 p.m., New York City time, on the next succeeding Business Day and the proposed Funding Date of such proposed Loan shall be deemed to be the second Business Day following the date of such deemed receipt. Each Funding Request shall include a representation by the Borrower that (i) the requested Loan will not, on the related Funding Date, exceed the Available Amount and (ii) all conditions precedent to the making of such Loan have been satisfied or will be satisfied as of the proposed Funding Date. Any Funding Request shall be irrevocable. (b) Each Lender's Lender Advance of a Loan shall be made available to the Agent for its Lender Group, subject to the fulfillment of the applicable conditions set forth in Article Four, at or prior to 1:00 p.m., New York City time, on the applicable Funding Date, by deposit of immediately available funds to the Administrative Agent's Account. The Administrative Agent shall promptly notify the Borrower and the related Agent in the event that any Lender Group either fails to make such funds available before such time or notifies the Administrative Agent that it will not make such funds available before such time. Subject to the fulfillment of the applicable conditions set forth in Article Four, as determined by the Administrative Agent, the Administrative Agent will not later than 3:00 p.m., New York City time, on such Funding Date make all such funds deposited to the Administrative AgentAgent'sAgent’s Account by the Agents available, in the same type of funds received, by wire transfer thereof to the Borrower's Account. If any Lender Group makes available to the Administrative Agent funds for any Loan to be made by such Lender Group as provided in the foregoing provisions of this Article, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Loan set forth in Article Four are not satisfied or waived in accordance with the terms 51hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to the related Agent for such Lender Group, without interest. (c) The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, that the Commitments of the Lender Groups are several and no Lender Group shall be responsible for any other Lender Group's failure to make Loans as required. Section 2.03.

Funding Mechanics. DB1/ 139452285.4144571789.3 48 (a) If any Funding Request is delivered to the Administrative Agent and the Agents after 3:00 p.m., New York City time, two Business Days prior to the proposed Funding Date, such Funding Request shall be deemed to be received prior to 3:00 p.m., New York City time, on the next succeeding Business Day and the proposed Funding Date of such proposed Loan shall be deemed to be the second Business Day following the date of such deemed receipt. Each Funding Request shall include a representation by the Borrower that (i) the requested Loan will not, on the related Funding Date, exceed the Available Amount and (ii) all conditions precedent to the making of such Loan have been satisfied or will be satisfied as of the proposed Funding Date. Any Funding Request shall be irrevocable. (b) Each Lender's Lender Advance of a Loan shall be made available to the Agent for its Lender Group, subject to the fulfillment of the applicable conditions set forth in Section 2.01 and Article Four, at or prior to 1:00 p.m., New York City time, on the applicable Funding Date, by deposit of immediately available funds to the Administrative Agent's Account. The Administrative Agent shall promptly notify the Borrower and the related Agent in the event that any Lender Group either fails to make such funds available before such time or notifies the Administrative Agent that it will not make such funds available before such time. Subject to the fulfillment of the applicable conditions set forth in Section 2.01 and Article Four, as determined by the Administrative Agent, the Administrative Agent will not later than 3:00 p.m., New York City time, on such Funding Date make all such funds deposited to the Administrative Agent’s 's Account by the Agents available, in the same type of funds received, by wire transfer thereof to the Borrower's Account. If any Lender Group makes available to the Administrative Agent funds for any Loan to be made by such Lender Group as provided in the foregoing provisions of this Article, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Loan set forth in Section 2.01 and Article Four are not satisfied or waived in accordance with the terms 51hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to the related Agent for such Lender Group, without interest. (c) The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, that the Commitments of the Lender Groups are several and no Lender Group shall be responsible for any other Lender Group's failure to make Loans as required. Section 2.03.

Funding Mechanics. (a) If any Funding Request is delivered to the Administrative Agent and the Agents after 3:00 p.m., New York City time, two Business Days prior to the proposed Funding Date, such Funding Request shall be deemed to be received prior to 3:00 p.m., New York City time, on the next succeeding Business Day and the proposed Funding Date of such proposed Loan shall be deemed to be the second Business Day following the date of such deemed receipt. Each Funding Request shall include a representation by the Borrower that (i) the requested Loan will not, on the related Funding Date, exceed the Available Amount and (ii) all conditions precedent to the making of such Loan have been satisfied or will be satisfied as of the proposed Funding Date. Any Funding Request shall be irrevocable. DB1/ 139452285.4 48 154304283v7 (b) Each Lender's Lender Advance of a Loan shall be made available to the Agent for its Lender Group, subject to the fulfillment of the applicable conditions set forth in Section 2.01 and Article Four, at or prior to 1:00 p.m., New York City time, on the applicable Funding Date, by deposit of immediately available funds to the Administrative Agent's Account. The Administrative Agent shall promptly notify the Borrower and the related Agent in the event that any Lender Group either fails to make such funds available before such time or notifies the Administrative Agent that it will not make such funds available before such time. Subject to the fulfillment of the applicable conditions set forth in Section 2.01 and Article Four, as determined by the Administrative Agent, the Administrative Agent will not later than 3:00 p.m., New York City time, on such Funding Date make all such funds deposited to the Administrative Agent’s 's Account by the Agents available, in the same type of funds received, by wire transfer thereof to the Borrower's Account. If any Lender Group makes available to the Administrative Agent funds for any Loan to be made by such Lender Group as provided in the foregoing provisions of this Article, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Loan set forth in Section 2.01 and Article Four are not satisfied or waived in accordance with the terms 51hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to the related Agent for such Lender Group, without interest. (c) The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, that the Commitments of the Lender Groups are several and no Lender Group shall be responsible for any other Lender Group's failure to make Loans as required. Section 2.03.

Funding Mechanics. Each Lender shall, before 3:30 p.m. (aCharlotte time) If any Funding Request is delivered on the date of such borrowing, make available to the Administrative Agent after 3:00 p.m.at its address referred to in Schedule 1.1(a), New York City time, two Business Days prior to the proposed Funding Datein --------------- immediately available funds, such Funding Request shall be deemed to be received prior to 3:00 p.m., New York City time, on the next succeeding Business Day and the proposed Funding Date Lender's ratable portion of such proposed Loan shall be deemed to be borrowings. Promptly after the second Business Day following the date Administrative Agent's receipt of such deemed receipt. Each Funding Request shall include a representation by the Borrower that (i) the requested Loan will not, on the related Funding Date, exceed the Available Amount fund and (ii) all conditions precedent to the making of such Loan have been satisfied or will be satisfied as of the proposed Funding Date. Any Funding Request shall be irrevocable. (b) Each Lender's Lender Advance of a Loan shall be made available to the Agent for its Lender Group, subject to the upon fulfillment of the applicable conditions set forth in Article FourParagraph 2, at or prior to 1:00 p.m., New York City time, on the applicable Funding Date, by deposit of immediately available funds to the Administrative Agent's Account. The Administrative Agent shall promptly notify the Borrower and the related Agent in the event that any Lender Group either fails to will make such funds available before such time or notifies ----------- to the Borrowers by depositing the same in an account of the Borrowers maintained with the Administrative Agent and designated by the Borrowers in the relevant notice of borrowing. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any borrowing that it such Lender will not make such funds available before such time. Subject to the fulfillment of the applicable conditions set forth in Article Four, as determined by the Administrative Agentavailable, the Administrative Agent will not later than 3:00 p.m., New York City time, on may assume that such Funding Date make all Lender has made such funds deposited to the Administrative Agent’s Account by the Agents available, in the same type of funds received, by wire transfer thereof to the Borrower's Account. If any Lender Group makes portion available to the Administrative Agent funds for any Loan to be made by on the date of such Lender Group as provided in the foregoing provisions of this Article, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Loan set forth in Article Four are not satisfied or waived borrowing in accordance with the terms 51hereof and the Administrative Agent may, in reliance upon such assumption make available to the Borrowers on such date a corresponding amount. If and to the extent that such Lender shall not have made its ratable portion available to the Administrative Agent, such Lender and the Borrowers severally agree to repay to the Administrative Agent forthwith on demand (provided, that such demand shall be first made to such Lender prior to such demand being made to the Borrowers) such corresponding amount together with interest thereon, for each day from the date such amount is made available to the Borrowers until the date such amount is repaid to the Administrative Agent at (i) in the case of the Borrowers, the interest rate otherwise applicable to Loans and (ii) in the case of a Lender the Federal Funds Rate. If such Lender shall repay to the Administrative Agent such corresponding amount, such amount so repaid shall constitute such Lender's portion of the Loan so requested (and such Loan shall be deemed to have been made by such Lender on the date when such amount is repaid to the Administrative Agent). The failure of any Lender to make its portion of a Loan shall not relieve any other Lender of its obligation hereunder to make its portion of a Loan, but no Lender shall be responsible for the failure of any other Lender to make its portion of any Loan. Nothing in the Paragraph 1(c) -------------- shall be deemed to relieve any Lender from its obligation to fulfill its Commitment hereunder or to prejudice any rights the Borrowers may have against such Lender as a result of such Lender's failure to fulfill such Commitment hereunder.

Funding Mechanics. (a) If any Funding Request is delivered to the Administrative Agent and the Agents after 3:00 p.m., New York City time, two Business Days prior to the proposed Funding Date, such Funding Request shall be deemed to be received prior to 3:00 p.m., New York City time, on the next succeeding Business Day and the proposed Funding Date of such proposed Loan shall be deemed to be the second Business Day following the date of such deemed receipt. Each Funding Request shall include a representation by the Borrower that (i) the requested Loan will not, on the related Funding Date, exceed the Available Amount and (ii) all conditions precedent to the making of such Loan have been satisfied or will be satisfied as of the proposed Funding Date. Any Funding Request shall be irrevocable. (b) Each Lender's Lender Advance of a Loan shall be made available to the Agent for its Lender Group, subject to the fulfillment of the applicable conditions set forth in Article Four, at or prior to 1:00 p.m., New York City time, on the applicable Funding Date, by deposit of immediately available funds to the Administrative Agent's Account. The Administrative Agent shall promptly notify the Borrower and the related Agent in the event that any Lender Group either fails to make such funds available before such time or notifies the Administrative Agent that it will not make such funds available before such time. Subject to the fulfillment of the applicable conditions set forth in Article Four, as determined by the Administrative Agent, the Administrative Agent will not later than 3:00 p.m., New York City time, on such Funding Date make all such funds deposited to the Administrative Agent’s Account by the Agents available, in the same type of funds received, by wire transfer thereof to the Borrower's Account. If any Lender Group makes available to the Administrative Agent funds for any Loan to be made by such Lender Group as provided in the foregoing provisions of this Article, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Loan set forth in Article Four are not satisfied or waived in accordance with the terms 51the