Common use of Funding of Negotiated Rate Loans Clause in Contracts

Funding of Negotiated Rate Loans. No later than 2:00 p.m. on the Negotiated Rate Funding Date, each applicable Lender will make available to the Administrative Agent in dollars and immediately available funds at the office of the Administrative Agent at its address set forth on the signature pages hereof the Negotiated Rate Loan, if any, to be made by such Lender as part of the Negotiated Rate Borrowing to be made on such date in the manner provided above. Upon receipt by the Administrative Agent of all such funds, the Administrative Agent shall disburse to the Borrower on such date such Negotiated Rate Loan in like funds at the Borrower’s account specified in the relevant Negotiated Rate Loan Notice. The Administrative Agent may, but shall not be required to, advance on behalf of any Lender such Lender’s Negotiated Rate Loan on the date a Negotiated Rate Loan is made unless such Lender shall have notified the Administrative Agent prior to such date that it does not intend to make available such Negotiated Rate Loan on such date. If the Administrative Agent makes such advance, the Administrative Agent shall be entitled to recover such amount on demand from the Lender on whose behalf such advance was made, and if such Lender does not pay the Administrative Agent the amount of such advance on demand, the Borrower shall promptly repay such amount to the Administrative Agent. Until such amount is repaid to the Administrative Agent by such Lender or the Borrower, such advance shall be deemed for all purposes to be a Negotiated Rate Loan made by the Administrative Agent. In such event, if a Lender has not in fact made its share of the applicable Negotiated Rate Loan available to the Administrative Agent, then the applicable Lender and the Borrower 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 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 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. Any payment by the Borrower shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make such payment to the Administrative Agent.

Funding of Negotiated Rate Loans. No later than 2:00 p.m. (New York City time) on the Negotiated Rate Funding Date, each applicable Lender will make available to the Administrative Agent in dollars and immediately available funds at the office of the Administrative Agent at its address set forth on the signature pages hereof the Negotiated Rate Loan, if any, to be made by such Lender as part of the Negotiated Rate Borrowing to be made on such date in the manner provided above. Upon receipt by the Administrative Agent of all such funds, the Administrative Agent shall disburse to the Borrower Company on such date such Negotiated Rate Loan in like funds at the Borrower’s Company's account specified in the relevant Negotiated Rate Loan NoticeConfirmation. The Administrative Agent may, but shall not be required to, advance on behalf of any Lender such Lender’s 's Negotiated Rate Loan on the date a Negotiated Rate Loan is made Borrowing Date unless such Lender shall have notified the Administrative Agent prior to such date Borrowing Date that it does not intend to make available such Negotiated Rate Loan on such date. If the Administrative Agent makes such advance, the Administrative Agent shall be entitled to recover such amount on demand from the Lender on whose behalf such advance was made, and if such Lender does not pay the Administrative Agent the amount of such advance on demand, the Borrower Company shall promptly repay such amount to the Administrative Agent. Until such amount is repaid to the Administrative Agent by such Lender or the BorrowerCompany, such advance shall be deemed for all purposes to be a Negotiated Rate Loan made by the Administrative Agent. In such event, if a Lender has not in fact made its share of the applicable Negotiated Rate Loan available to the Administrative Agent, then the applicable Lender and the Borrower 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 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 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. Any payment by the Borrower shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make such payment to the Administrative Agent.the

Funding of Negotiated Rate Loans. No later than 2:00 p.m. (New York City time) on the Negotiated Rate Funding Date, each applicable Lender Bank will make available to the Administrative Agent in dollars and immediately available funds at the office of the Administrative Agent at its address set forth on the signature pages hereof the Negotiated Rate Loan, if any, to be made by such Lender Bank as part of the Negotiated Rate Borrowing to be made on such date in the manner provided above. Upon receipt by the Administrative Agent of all such funds, the Administrative Agent shall disburse to the Borrower Company on such date such Negotiated Rate Loan in like funds at the Borrower’s Company's account specified in the relevant Negotiated Rate Loan NoticeConfirmation. The Administrative Agent may, but shall not be required to, advance on behalf of any Lender Bank such Lender’s Bank's Negotiated Rate Loan on the date a Negotiated Rate Loan is made Borrowing Date unless such Lender Bank shall have notified the Administrative Agent prior to such date Borrowing Date that it does not intend to make available such Negotiated Rate Loan on such date. If the Administrative Agent makes such advance, the Administrative Agent shall be entitled to recover such amount on demand from the Lender Bank on whose behalf such advance was made, and if such Lender Bank does not pay the Administrative Agent the amount of such advance on demand, the Borrower Company shall promptly repay such amount to the Administrative Agent. Until such amount is repaid to the Administrative Agent by such Lender Bank or the BorrowerCompany, such advance shall be deemed for all purposes to be a Negotiated Rate Loan made by the Administrative Agent. In such eventThe Agent shall be entitled to recover from the Bank or the Company, if a Lender has not in fact made its share of as the applicable Negotiated Rate Loan available to case may be, interest on the Administrative Agent, then the applicable Lender and the Borrower severally agree to pay to the Administrative Agent forthwith on demand such corresponding amount in immediately available funds with interest thereon, advanced by it for each day from and including the date such amount is made available Borrowing Date therefor until repaid to the Borrower to but excluding the date of payment to the Administrative Agent, at a rate per annum equal to (Ai) in the case of a payment to be made by such Lenderthe Bank, the greater of (1) the Federal Funds Rate and a rate determined by Rate, for the Administrative Agent in accordance with banking industry rules five-day period beginning on interbank compensation the Borrowing Date, and (B2) the applicable rate on the Loans made on the Borrowing Date, for the period beginning on the sixth day after the Borrowing Date, and (ii) in the case of a payment to be made by the BorrowerCompany, the interest applicable rate applicable to Base Rate Loans. If on the Borrower and such Lender shall pay such interest to Loans made on 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. Any payment by the Borrower shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make such payment to the Administrative AgentBorrowing Date.

Funding of Negotiated Rate Loans. No later than 2:00 p.m. on the Negotiated Rate Funding Date, each applicable Lender will make available to the Administrative Agent in dollars Dollars and immediately available funds at the office of the Administrative Agent at its address set forth on the signature pages hereof the Negotiated Rate Loan, if any, to be made by such Lender as part of the Negotiated Rate Borrowing to be made on such date in the manner provided above. Upon receipt by the Administrative Agent of all such funds, the Administrative Agent shall disburse to the relevant Borrower on such date such Negotiated Rate Loan in like funds at the such Borrower’s account (or the account of the Parent Borrower as agent for the relevant Borrower to the extent such funds are in respect of Negotiated Rate Loans made to such other Borrower) specified in the relevant Negotiated Rate Loan Notice. The Administrative Agent may, but shall not be required to, advance on behalf of any Lender such Lender’s Negotiated Rate Loan on the date a Negotiated Rate Loan is made unless such Lender shall have notified the Administrative Agent prior to such date that it does not intend to make available such Negotiated Rate Loan on such date. If the Administrative Agent makes such advance, the Administrative Agent shall be entitled to recover such amount on demand from the Lender on whose behalf such advance was made, and if such Lender does not pay the Administrative Agent the amount of such advance on demand, the Borrower Borrowers shall promptly repay such amount to the Administrative Agent. Until such amount is repaid to the Administrative Agent by such Lender or the BorrowerBorrowers, such advance shall be deemed for all purposes to be a Negotiated Rate Loan made by the Administrative Agent. In such event, if a Lender has not in fact made its share of the applicable Negotiated Rate Loan available to the Administrative Agent, then the applicable Lender and the Borrower 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 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 a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation and (B) in the case of a payment to be made by the BorrowerBorrowers, the interest rate applicable to Base Rate Loans. If the Borrower Borrowers 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 Borrowers the amount of such interest paid by the Borrower Borrowers for such period. Any payment by the Borrower Borrowers shall be without prejudice to any claim the Borrower Borrowers may have against a Lender that shall have failed to make such payment to the Administrative Agent.