Common use of Funding of Revolving Advances Clause in Contracts

Funding of Revolving Advances. (i) Subject to Swing Loan Lender’s option to fund all or any portion of any Revolving Advance as a Swing Loan under Section 2.4, promptly after receipt by Agent of a request for a Revolving Advance pursuant to Section 2.2(a), Agent shall notify Revolving Lenders of its receipt of such request specifying the information provided by Borrowing Agent and the apportionment among Revolving Lenders of the requested Revolving Advance as determined by Agent. Each Revolving Lender shall remit the principal amount of each Revolving Advance to Agent such that Agent is able to, and Agent shall, to the extent Revolving Lenders have made funds available to it for such purpose and subject to Section 8.2, fund such Revolving Advance to Borrower in U.S. Dollars and immediately available funds in accordance with Section 2.3 prior to 1:00 p.m., on the applicable borrowing date; provided that if any Revolving Lender fails to remit such funds to Agent in a timely manner, Agent may elect in its sole discretion to fund with its own funds the Revolving Advance of such Revolving Lender on such borrowing date, and such Lender shall be subject to the repayment obligation in Section 2.20(c)(ii). (ii) Unless Agent shall have received notice from a Revolving Lender prior to the proposed date of any Revolving Advance that such Revolving Lender will not make available to Agent such Lender’s Revolving Commitment Percentage of such Revolving Advance, Agent may assume that such Revolving Lender has made such share available on such date in accordance with Section 2.20(c)(i) and may, in reliance upon such assumption, make available to Borrower a corresponding amount. In such event, if a Revolving Lender has not in fact made its share of the applicable Revolving Advance available to Agent, then the applicable Revolving Lender and Borrowers severally agree to pay to Agent forthwith on demand such corresponding amount with interest thereon, for each day from and including the date such amount is made available to Borrowers to but excluding the date of payment to Agent, at (i) in the case of a payment to be made by such Revolving Lender, the greater of the Federal Funds Effective Rate and a rate determined by Agent in accordance with banking industry rules on interbank compensation, and (ii) in the case of a payment to be made by Borrower, the interest rate applicable to Revolving Advances consisting of Domestic Rate Loans. If such Revolving Lender pays its share of the applicable Revolving Advance to Agent, then the amount so paid shall constitute such Revolving Lender’s Revolving Advance. Any payment by Borrowers shall be without prejudice to any claim the Borrowers may have against a Revolving Lender that shall have failed to make such payment to Agent.

Funding of Revolving Advances. With respect to any Revolving Loans requested (ior deemed to be requested) Subject by any Borrower hereunder, each Lender agrees that Agent may, but shall not be obligated to, make such Revolving Loans to Swing Loan Lender’s option Borrowers on behalf of Lenders as an Interim Advance. Neither Agent nor any Lender shall be responsible for any failure by any other Lender to fund all or perform its obligations to make Revolving Loans hereunder, and the failure of any portion Lender to make its Pro Rata Share of any Revolving Advance as a Swing Loan under Section 2.4hereunder shall not relieve any other Lender of its obligation, promptly after receipt by Agent if any, to make its Pro Rata Share of any Revolving Loans hereunder. If any Borrower makes (or is deemed to have made) a request for a Revolving Loan as provided herein, Agent, at its option and in its discretion, shall do either of the following: (i) Advance pursuant the amount of the proposed Revolving Loan to Section 2.2(a)Borrowers disproportionately (an “Interim Advance”) out of Agent’s own funds on behalf of Lenders, which advance shall be on the same day as any Borrower’s request therefor with respect to Daily LIBOR Rate Loans (if Borrowers notify Agent shall notify Revolving Lenders of its receipt at the Head Office of such request specifying the information provided by Borrowing Agent 1:00 p.m. (Cincinnati, Ohio time) on such day), and the apportionment among Revolving Lenders thereby elect settlement in accordance with Section 2.4(c) such that upon such settlement each Lender’s share of the requested outstanding Revolving Advance Loans (including the amount of any Interim Advance) equals its Pro Rata Share. Interim Advances constitute Revolving Loans, bearing interest at the rate applicable from time to time to Daily LIBOR Rate Loans. Such funds from Agent shall then be remitted to the Operating Account or as determined otherwise instructed in a writing signed by Agentan Authorized Representative of Borrowers in accordance with Section 2.4(a)(ii); or (ii) Notify each Lender by telecopy, electronic mail or other similar form of teletransmission of the proposed advance on the same day Agent is notified or deemed notified by a Borrower of its request for an advance pursuant to this Section 2. Each Revolving Lender shall remit the principal amount of each Revolving Advance to Agent at the Head Office, (A) with respect to Daily LIBOR Rate Loans, on or prior to 2:00 p.m. (Cincinnati, Ohio time), on the date such that Agent is able toDaily LIBOR Rate Loans are to be advanced, and Agent shall(B) with respect to LIBOR Tranche Rate Loans, at or prior to 2:00 p.m. (Cincinnati, Ohio time), on the extent Revolving Lenders have made funds available date such LIBOR Tranche Rate Loans are to it for such purpose and subject to Section 8.2be advanced, fund such Revolving Advance to Borrower in U.S. Dollars and immediately available funds in accordance with Section 2.3 prior an amount equal to 1:00 p.m., on the applicable borrowing date; provided that if any Revolving Lender fails to remit such funds to Agent in a timely manner, Agent may elect in its sole discretion to fund with its own funds the Revolving Advance of such Revolving Lender on such borrowing date, and such Lender shall be subject to the repayment obligation in Section 2.20(c)(ii). (ii) Unless Agent shall have received notice from a Revolving Lender prior to the proposed date of any Revolving Advance that such Revolving Lender will not make available to Agent such Lender’s Revolving Commitment Percentage Pro Rata Share of such Revolving Advance, Agent may assume that such Revolving Lender has made such share available on such date proposed advance. Such funds shall then be remitted to the Operating Account or as otherwise instructed in accordance with Section 2.20(c)(i) and may, in reliance upon such assumption, make available to Borrower a corresponding amount. In such event, if a Revolving Lender has not in fact made its share of the applicable Revolving Advance available to Agent, then the applicable Revolving Lender and Borrowers severally agree to pay to Agent forthwith on demand such corresponding amount with interest thereon, for each day from and including the date such amount is made available to Borrowers to but excluding the date of payment to Agent, at (i) in the case writing signed by an Authorized Representative of a payment to be made by such Revolving Lender, the greater of the Federal Funds Effective Rate and a rate determined by Agent in accordance with banking industry rules on interbank compensation, and (ii) in the case of a payment to be made by Borrower, the interest rate applicable to Revolving Advances consisting of Domestic Rate Loans. If such Revolving Lender pays its share of the applicable Revolving Advance to Agent, then the amount so paid shall constitute such Revolving Lender’s Revolving Advance. Any payment by Borrowers shall be without prejudice to any claim the Borrowers may have against a Revolving Lender that shall have failed to make such payment to Agent.

Funding of Revolving Advances. Promptly after receipt of a Notice of Borrowing under the immediately preceding subsection (i) b), the Agent shall notify each Lender by telex or telecopy, or other similar form of transmission, of the proposed borrowing. Each Lender shall deposit an amount equal to the Revolving Advance to be made by such Lender to the Borrower with the Agent at the Principal Office, in immediately available funds not later than 9:00 a.m. San Francisco time on the date of such proposed Revolving Advances. Subject to Swing Loan Lender’s option fulfillment of all applicable conditions set forth herein, the Agent shall make available to fund all or any portion the Borrower at the Principal Office, not later than 11:00 a.m. San Francisco time on the date of the requested borrowing of Revolving Advances, the proceeds of such amounts received by the Agent. Borrower hereby authorizes Agent to disburse the proceeds of any Revolving Advance as a Swing Loan under Section 2.4requested by an authorized representative of the Borrower to any of the accounts designated in Exhibit J hereto. Borrower agrees to be bound by any transfer request: (i) authorized or transmitted by Borrower; or, promptly after receipt (ii) made in Borrower’s name and accepted by Agent of in good faith and in compliance with these transfer instructions, even if not properly authorized by Borrower. Borrower further agrees and acknowledges that Agent may rely solely on any bank routing number or identifying bank account number or name provided by Borrower to effect a request for a Revolving Advance pursuant to Section 2.2(a), Agent shall notify Revolving Lenders of its receipt of such request specifying wire or funds transfer even if the information provided by Borrowing Borrower identifies a different bank or account holder than named by the Borrower. Agent will inform Borrower of any errors actually known by Agent in any information provided by Borrower, but Agent is not obligated or required in any way to take any actions to detect errors in information provided by Borrower. If Agent takes any actions in an attempt to detect errors in the transmission or content of transfer or requests or takes any actions in an attempt to detect unauthorized funds transfer requests, Borrower agrees that no matter how many times Agent takes these actions Agent will not in any situation be liable for failing to take or correctly perform these actions in the future and such actions shall not become any part of the transfer disbursement procedures authorized under this provision, the Loan Documents, or any agreement between Agent and Borrower or between any Lender and Borrower. Borrower agrees to notify Agent of any errors in the apportionment among Revolving Lenders transfer of the requested Revolving Advance as determined by any funds or of any unauthorized or improperly authorized transfer requests within 14 days after Agent. Each Revolving Lender shall remit the principal amount of each Revolving Advance to Agent such that Agent is able to, and Agent shall, to the extent Revolving Lenders have made funds available to it for such purpose and subject to Section 8.2, fund such Revolving Advance ’s confirmation to Borrower in U.S. Dollars and immediately available funds in accordance with Section 2.3 prior to 1:00 p.m.of such transfer. Agent will, on the applicable borrowing date; provided that if any Revolving Lender fails to remit such funds to Agent in a timely manner, Agent may elect in its sole discretion discretion, determine the funds transfer system and the means by which each transfer will be made. Agent may delay or refuse to fund with its own accept a funds transfer request if the Revolving Advance transfer would: (i) violate the terms of such Revolving Lender on such borrowing date, and such this authorization; (ii) require use of a bank unacceptable to Agent or prohibited by any Governmental Authority; (iii) cause Agent to violate any Federal Reserve or other regulatory risk control program or guideline; or (iv) otherwise cause Agent to violate any Applicable Law. Neither Agent nor any Lender shall be subject liable to Borrower or any other parties for (i) errors, acts or failures to act of others, including other entities, banks, communications carriers or clearinghouses, exhibit10175a.htm through which Borrower’s transfers may be made or information received or transmitted, and no such entity shall be deemed an agent of the repayment obligation in Section 2.20(c)(ii). Agent, (ii) Unless Agent shall have received notice from a Revolving Lender prior to the proposed date any loss, liability or delay caused by fires, earthquakes, wars, civil disturbances, power surges or failures, acts of government, labor disputes, failures in communications networks, legal constraints or other events beyond Agent’s control, or (iii) any Revolving Advance that such Revolving Lender will special, consequential, indirect or punitive damages, whether or not make available to Agent such Lender’s Revolving Commitment Percentage of such Revolving Advance, Agent may assume that such Revolving Lender has made such share available (a) any claim for these damages is based on such date in accordance with Section 2.20(c)(itort or contract or (b) and may, in reliance upon such assumption, make available to Borrower a corresponding amount. In such event, if a Revolving Lender has not in fact made its share of the applicable Revolving Advance available to Agent, then any Lender or Borrower knew or should have known the applicable Revolving Lender and Borrowers severally agree to pay to likelihood of these damages in any situation. Agent forthwith on demand such corresponding amount with interest thereon, for each day from and including the date such amount is makes no representations or warranties other than those expressly made available to Borrowers to but excluding the date of payment to Agent, at (i) in the case of a payment to be made by such Revolving Lender, the greater of the Federal Funds Effective Rate and a rate determined by Agent in accordance with banking industry rules on interbank compensation, and (ii) in the case of a payment to be made by Borrower, the interest rate applicable to Revolving Advances consisting of Domestic Rate Loans. If such Revolving Lender pays its share of the applicable Revolving Advance to Agent, then the amount so paid shall constitute such Revolving Lender’s Revolving Advance. Any payment by Borrowers shall be without prejudice to any claim the Borrowers may have against a Revolving Lender that shall have failed to make such payment to Agentthis Agreement.

Funding of Revolving Advances. (i) Subject to Swing Loan Lender’s option to fund all or any portion of any Revolving Advance as a Swing Loan under Section 2.4, promptly Promptly after receipt by Agent of a request for a Revolving Advance pursuant to Section 2.2(a2.2(b), Agent shall notify Revolving Lenders of its receipt of such request specifying the information provided by Borrowing Agent and the apportionment among Revolving Lenders of the requested Revolving Advance as determined by Agent. Each Revolving Lender shall remit the principal amount of each Revolving Advance to Agent such that Agent is able to, and Agent shall, to the extent Revolving Lenders have made funds available to it for such purpose and subject to Section 8.2, fund such Revolving Advance to Borrower in U.S. Dollars and immediately available funds in accordance with Section 2.3 prior to 1:00 p.m., on the applicable borrowing date; provided that if any Revolving Lender fails to remit such funds to Agent in a timely manner, Agent may elect in its sole discretion (but shall not be obligated) to fund with its own funds the Revolving Advance of such Revolving Lender Lender, as applicable, on such borrowing date, and such Lender shall be subject to the repayment obligation in Section 2.20(c)(ii). (ii) Unless Agent shall have received notice from a Revolving Lender prior to the proposed date of any Revolving Advance that such Revolving Lender will not make available to Agent such LenderXxxxxx’s Revolving Commitment Percentage of such Revolving Advance, Advance Agent may assume that such Revolving Lender has made such share available on such date in accordance with Section 2.20(c)(i) and may, in reliance upon such assumption, make available to Borrower a corresponding amount; provided that nothing shall obligate the Agent to make such assumption and may in all cases confirm that such amounts have been made available prior to making available such amounts to Borrower. In such event, if a Revolving Lender has not in fact made its share of the applicable Revolving Advance available to Agent, Agent then the applicable Revolving Lender and Borrowers severally agree to pay to Agent forthwith on demand such corresponding amount with interest thereon, for each day from and including the date such amount is made available to Borrowers to but excluding the date of payment to Agent, at (i) in the case of a payment to be made by such Revolving Lender, the greater of the Federal Funds Effective Rate and a rate determined by Agent in accordance with banking industry rules on interbank compensation, and (ii) in the case of a payment to be made by Borrower, the interest rate applicable to Revolving Advances consisting of Domestic Rate Loans. If such Revolving Lender pays its share of the applicable Revolving Advance to Agent, then the amount so paid shall constitute such Revolving Lender’s Revolving Advance. Advance Any payment by Borrowers shall be without prejudice to any claim the Borrowers may have against a Revolving Lender that shall have failed to make such payment to Agent.

Funding of Revolving Advances. (i) Subject to Swing Loan Lender’s option to fund all or any portion of any Revolving Advance as a Swing Loan under Section 2.4, promptly Promptly after receipt by Agent of a request for a Revolving Advance pursuant to Section 2.2(a)2.2, Agent shall notify Revolving Credit Lenders of its receipt of such request specifying the information provided by Borrowing Agent Borrower and the apportionment among Revolving Credit Lenders of the requested Revolving Advance as determined by Agent. Each Revolving Credit Lender that elects, in its sole discretion, to make its Ratable Share of such Revolving Advance shall remit the principal amount of each Revolving Advance thereof to Agent such that Agent is able to, and Agent shall, to the extent Revolving Credit Lenders have made funds available to it for such purpose and subject to Section 8.2, fund such Revolving Advance to Borrower in U.S. Dollars and immediately available funds in accordance with Section 2.3 2.4(a) prior to 1:00 p.m., on the applicable borrowing date; provided that if any Revolving Lender fails to remit such funds to Agent in a timely manner, Agent may elect in its sole discretion to fund with its own funds the Revolving Advance of such Revolving Lender on such borrowing date, and such Lender shall be subject to the repayment obligation in Section 2.20(c)(ii). (ii) Unless Agent shall have received notice from a Revolving Credit Lender prior to the proposed date of any Revolving Advance that such Revolving Credit Lender will not make available to Agent such Lender’s Revolving Commitment Percentage or Ratable Share of such Revolving Advance, Agent may assume that such Revolving Credit Lender has made such share available on such date in accordance with Section 2.20(c)(i2.8(c)(i) and may, in reliance upon such assumption, make available to Borrower a corresponding amount. In such event, if a Revolving Credit Lender has not in fact made its share of the applicable Revolving Advance available to Agent, then the applicable Revolving Credit Lender and Borrowers Borrower severally agree to pay to Agent forthwith on demand such corresponding amount with interest thereon, for each day from and including the date such amount is made available to Borrowers Borrower to but excluding the date of payment to Agent, at (i) in the case of a payment to be made by such Revolving Lender, the greater of the Federal Funds Effective Rate and a rate determined by Agent in accordance with banking industry rules on interbank compensation, and (ii) in the case of a payment to be made by Borrower, the interest rate applicable to Revolving Advances consisting of Domestic Rate LoansAdvances. If such Revolving Credit Lender pays its share of the applicable Revolving Advance to Agent, then the amount so paid shall constitute such Revolving Credit Lender’s Revolving Advance. Any payment by Borrowers Borrower shall be without prejudice to any claim the Borrowers Borrower may have against a Revolving Credit Lender that shall have failed to make such payment to Agent.

Funding of Revolving Advances. (i) Subject to Swing Loan Lender’s option to fund all or any portion of any Revolving Advance as a Swing Loan under Section 2.4, promptly after receipt by Agent of a request for a Revolving Advance pursuant to Section 2.2(a), Agent shall notify Revolving Lenders of its receipt of such request specifying the information provided by Borrowing Agent and the apportionment among Revolving Lenders of the requested Revolving Advance as determined by Agent. Each Revolving Lender shall remit the principal amount of each Revolving Advance to Agent such that Agent is able to, and Agent shall, to the extent Revolving Lenders have made funds available to it for such purpose and subject to Section 8.2, fund such Revolving Advance to Borrower in U.S. Dollars and immediately available funds in accordance with Section 2.3 prior to 1:00 p.m., on the applicable borrowing date; provided that if any Revolving Lender fails to remit such funds to Agent in a timely manner, Agent may elect in its sole discretion to fund with its own funds Unless the Revolving Advance of such Revolving Lender on such borrowing date, and such Lender shall be subject to the repayment obligation in Section 2.20(c)(ii). (ii) Unless Agent shall have received notice from a Revolving Lender Lender, prior to the proposed date of any Revolving Advance requested Funding Date, that such Revolving Lender will not make available to the Revolving Agent such Revolving Lender’s Revolving Commitment Percentage Pro Rata Share of such Loans, the Revolving AdvanceAgent may, Agent may but shall not be required to, assume that such Revolving Lender has made such share available on such date in accordance with Section 2.20(c)(i1.01(c) and maymay in its sole discretion, but shall not be required to, in reliance upon such assumption, make available to the applicable Borrower a corresponding amount. In such event, if a Revolving If any Lender has either does not in fact made make its share of the applicable Revolving Advance Loans available to Agentthe Revolving Agent or delays in doing so past 4:00 p.m. on the Funding Date (such Revolving Lender (until it makes such share available) shall be hereinafter referred to as a “Revolving Defaulting Lender”), then the Revolving Agent shall notify the Administrative Agent and the applicable Borrower of such default. If the Revolving Agent has, in its sole discretion, made available to the applicable Borrower an amount corresponding to such Revolving Defaulting Lender’s Pro Rata Share of the Loans, then the Revolving Defaulting Lender and Borrowers the applicable Borrower jointly and severally agree to pay to the Revolving Agent forthwith on demand such corresponding amount with interest thereon, for on each day from and including the date such amount is made available to Borrowers the applicable Borrower to but excluding the date of payment to the Revolving Agent, at at: (i) in the case of a payment to be made by such the Revolving Defaulting Lender, the greater of the Federal Funds Effective Rate and a rate determined by Agent in accordance with banking industry rules on interbank compensation, and Rate; or (ii) in the case of a payment to be made by Borrowerthe Borrowers, the interest rate applicable to Revolving Advances consisting of Domestic Alternate Base Rate Loans. If If, with respect to the immediately preceding sentence, the applicable Borrower pays such amount and interest thereon to the Revolving Agent, then the Revolving Defaulting Lender shall indemnify and hold harmless the applicable Borrower from and against such amount and interest thereon, and if such Revolving Defaulting Lender pays such amount to the Revolving Agent, then such amount shall constitute such Revolving Defaulting Lender’s Revolving Advance. If the Revolving Agent, in its share discretion, does not make available to the applicable Borrower an amount corresponding to the Revolving Defaulting Lender’s Pro Rata Share of the applicable Revolving Advance, then (A) the Revolving Defaulting Lender shall indemnify and hold harmless the applicable Borrower from and against such amount as well as any and all losses, liabilities (including liabilities for penalties), actions, suits, judgments, demands, costs, and expenses (including reasonable fees and disbursements for counsel including allocated cost of internal counsel) resulting from any failure on the part of the Revolving Defaulting Lender to provide, or from any delay in providing, the Revolving Agent with such Revolving Defaulting Lender’s Pro Rata Share of the applicable Revolving Advance, but no Revolving Lender shall be so liable for any such failure on the part of or caused by any other Revolving Lender or the Revolving Agent or the applicable Borrower and (B) such Pro Rata Share of the applicable Revolving Advance that was not made available shall (until made available) be deemed not to be outstanding for purposes of calculating the Unused Commitment Fee pursuant to Section 3.06(b) and, in the event such Pro Rata Share has not been disregarded for such purposes, any amount paid by the Borrowers in respect of such Pro Rata Share shall be reimbursed to the applicable Borrower by the applicable Revolving Defaulting Lender with interest thereon at the Federal Funds Rate for each day from and including the date such Pro Rata Share of the Unused Commitment Fee was paid by the applicable Borrower to but excluding the date of reimbursement by the Revolving Defaulting Lender. The Revolving Agent, then upon notice by the applicable Borrower that such reimbursement is due from the applicable Revolving Defaulting Lender, shall notify such Revolving Defaulting Lender of the amount so paid of the reimbursement due, including interest thereon, and shall constitute forward such amount to the applicable Borrower upon receipt from the Revolving Defaulting Lender’s . The Revolving Advance. Any payment Agent shall not, however, be liable to the applicable Borrower for any failure by Borrowers shall be without prejudice any Revolving Defaulting Lender to reimburse the applicable Borrower for any claim the Borrowers may have against a Revolving Lender that shall have failed to make amounts in respect of such payment to AgentUnused Commitment Fee.

Funding of Revolving Advances. (i) Subject to Swing Loan Lender’s option to fund all or any portion of any Revolving Advance as a Swing Loan under Section 2.4, promptly after receipt by Agent of a request for a Revolving Advance pursuant to Section 2.2(a), Agent shall notify Revolving Lenders of its receipt of such request specifying Unless the information provided by Borrowing Agent and the apportionment among Revolving Lenders of the requested Revolving Advance as determined by Agent. Each Revolving Lender shall remit the principal amount of each Revolving Advance to Agent such that Agent is able to, and Agent shall, to the extent Revolving Lenders have made funds available to it for such purpose and subject to Section 8.2, fund such Revolving Advance to Borrower in U.S. Dollars and immediately available funds in accordance with Section 2.3 prior to 1:00 p.m., on the applicable borrowing date; provided that if any Revolving Lender fails to remit such funds to Agent in a timely manner, Agent may elect in its sole discretion to fund with its own funds the Revolving Advance of such Revolving Lender on such borrowing date, and such Lender shall be subject to the repayment obligation in Section 2.20(c)(ii). (ii) Unless Administrative Agent shall have received notice from a Revolving Lender Lender, prior to the proposed date of any Revolving Advance requested Funding Date, that such Revolving Lender will not make available to the Administrative Agent such Lender’s Revolving Commitment Percentage Pro Rata Share of such Revolving Advance, the Administrative Agent may may, but shall not be required to, assume that such Revolving Lender has made such share available on by such date time in accordance with Section 2.20(c)(iSECTION 2.01(f) and maymay in its sole discretion, but shall not be required to, in reliance upon such assumption, make available to Borrower the Borrowers a corresponding amount. In If such eventPro Rata Share is not, if a Revolving in fact, paid to the Administrative Agent by such Lender has not in fact made its share when due, the Administrative Agent will be entitled to recover such amount on demand from such Lender without setoff, counterclaim or deduction of the applicable Revolving Advance available to Agent, then the applicable Revolving any kind. If any Lender and Borrowers severally agree fails to pay to the amount of its Pro Rata Share forthwith upon the Administrative Agent’s demand, the Administrative Agent forthwith on demand such corresponding amount with interest thereon, for each day from shall promptly notify the Administrative Borrower and including the date Borrowers shall immediately repay such amount is made available to Borrowers to but excluding the date of payment to Administrative Agent, at (i. Nothing in this SECTION 2.01(f) or elsewhere in this Agreement or the case of a payment to be made by such Revolving Lender, the greater of the Federal Funds Effective Rate and a rate determined by Agent in accordance with banking industry rules on interbank compensation, and (ii) in the case of a payment to be made by Borrower, the interest rate applicable to Revolving Advances consisting of Domestic Rate Loans. If such Revolving Lender pays its share of the applicable Revolving Advance to Agent, then the amount so paid shall constitute such Revolving Lender’s Revolving Advance. Any payment by Borrowers other Loan Documents shall be without deemed to require the Administrative Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its Commitments hereunder or to prejudice to any claim rights that the Borrowers may have against any Lender as a Revolving result of any default by such Lender hereunder. Without limiting the foregoing, to the extent that the Administrative Agent advances funds to the Borrowers on behalf of any Lender and is not reimbursed therefor on the same Business Day as such advance is made, the Administrative Agent shall have failed be entitled to make retain for its account all interest accrued on such payment to Agentadvance from the date such advance was made until reimbursed by the applicable Lender.

Funding of Revolving Advances. (i) Subject to Swing Loan Lender’s option to fund all or any portion of any Revolving Advance as a Swing Loan under Section 2.4, promptly Promptly after receipt by Agent of a request for a Revolving Advance pursuant to Section 2.2(a2.2(b), Agent shall notify Revolving Lenders of its receipt of such request specifying the information provided by Borrowing Agent and the apportionment among Revolving Lenders of the requested Revolving Advance as determined by Agent. Each Revolving Lender shall remit the principal amount of each Revolving Advance to Agent such that Agent is able to, and Agent shall, to the extent Revolving Lenders have made funds available to it for such purpose and subject to Section 8.2, fund such Revolving Advance to Borrower in U.S. Dollars and immediately available funds in accordance with Section 2.3 prior to 1:00 p.m., on the applicable borrowing date; provided that if any Revolving Lender fails to remit such funds to Agent in a timely manner, Agent may elect in its sole discretion (but shall not be obligated) to fund with its own funds the Revolving Advance of such Revolving Lender Lender, as applicable, on such borrowing date, and such Lender shall be subject to the repayment obligation in Section 2.20(c)(ii). (ii) Unless Agent shall have received notice from a Revolving Lender prior to the proposed date of any Revolving Advance that such Revolving Lender will not make available to Agent such Lender’s Revolving Commitment Percentage of such Revolving Advance, Advance Agent may assume that such Revolving Lender has made such share available on such date in accordance with Section 2.20(c)(i) and may, in reliance upon such assumption, make available to Borrower a corresponding amount; provided that nothing shall obligate the Agent to make such assumption and may in all cases confirm that such amounts have been made available prior to making available such amounts to Borrower. In such event, if a Revolving Lender has not in fact made its share of the applicable Revolving Advance available to Agent, Agent then the applicable Revolving Lender and Borrowers severally agree to pay to Agent forthwith on demand such corresponding amount with interest thereon, for each day from and including the date such amount is made available to Borrowers to but excluding the date of payment to Agent, at (i) in the case of a payment to be made by such Revolving Lender, the greater of the Federal Funds Effective Rate and a rate determined by Agent in accordance with banking industry rules on interbank compensation, and (ii) in the case of a payment to be made by Borrower, the interest rate applicable to Revolving Advances consisting of Domestic Rate Loans. If such Revolving Lender pays its share of the applicable Revolving Advance to Agent, then the amount so paid shall constitute such Revolving Lender’s Revolving Advance. Advance Any payment by Borrowers shall be without prejudice to any claim the Borrowers may have against a Revolving Lender that shall have failed to make such payment to Agent.

Funding of Revolving Advances. (i) Subject to Swing Loan Lender’s option to fund all or any portion of any Revolving Advance as a Swing Loan under Section 2.4, promptly after receipt by Agent of a request for a Revolving Advance pursuant to Section 2.2(a), Agent shall notify Revolving Lenders of its receipt of such request specifying Unless the information provided by Borrowing Agent and the apportionment among Revolving Lenders of the requested Revolving Advance as determined by Agent. Each Revolving Lender shall remit the principal amount of each Revolving Advance to Agent such that Agent is able to, and Agent shall, to the extent Revolving Lenders have made funds available to it for such purpose and subject to Section 8.2, fund such Revolving Advance to Borrower in U.S. Dollars and immediately available funds in accordance with Section 2.3 prior to 1:00 p.m., on the applicable borrowing date; provided that if any Revolving Lender fails to remit such funds to Agent in a timely manner, Agent may elect in its sole discretion to fund with its own funds the Revolving Advance of such Revolving Lender on such borrowing date, and such Lender shall be subject to the repayment obligation in Section 2.20(c)(ii). (ii) Unless Administrative Agent shall have received notice from a Revolving Lender Lender, prior to the proposed date of any Revolving Advance requested Funding Date, that such Revolving Lender will not make available to the Administrative Agent such Lender’s Revolving Commitment Percentage Pro Rata Share of such Revolving Advance, the Administrative Agent may may, but shall not be required to, assume that such Revolving Lender has made such share available on by such date time in accordance with Section 2.20(c)(iSECTION 2.01 (f) and maymay in its sole discretion, but shall not be required to, in reliance upon such assumption, make available to Borrower the Borrowers a corresponding amount. In If such eventPro Rata Share is not, if a Revolving in fact, paid to the Administrative Agent by such Lender has not in fact made its share when due, the Administrative Agent will be entitled to recover such amount on demand from such Lender without setoff, counterclaim or deduction of the applicable Revolving Advance available to Agent, then the applicable Revolving any kind. If any Lender and Borrowers severally agree fails to pay to the amount of its Pro Rata Share forthwith upon the Administrative Agent’s demand, the Administrative Agent forthwith on demand such corresponding amount with interest thereon, for each day from shall promptly notify the Administrative Borrower and including the date Borrowers shall immediately repay such amount is made available to Borrowers to but excluding the date of payment to Administrative Agent, at . Nothing in this SECTION 2.01 (if) or elsewhere in this Agreement or the case of a payment to be made by such Revolving Lender, the greater of the Federal Funds Effective Rate and a rate determined by Agent in accordance with banking industry rules on interbank compensation, and (ii) in the case of a payment to be made by Borrower, the interest rate applicable to Revolving Advances consisting of Domestic Rate Loans. If such Revolving Lender pays its share of the applicable Revolving Advance to Agent, then the amount so paid shall constitute such Revolving Lender’s Revolving Advance. Any payment by Borrowers other Loan Documents shall be without deemed to require the Administrative Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its Commitments hereunder or to prejudice to any claim rights that the Borrowers may have against any Lender as a Revolving result of any default by such Lender hereunder. Without limiting the foregoing, to the extent that the Administrative Agent advances funds to the Borrowers on behalf of any Lender and is not reimbursed therefor on the same Business Day as such advance is made, the Administrative Agent shall have failed be entitled to make retain for its account all interest accrued on such payment to Agentadvance from the date such advance was made until reimbursed by the applicable Lender.