Common use of Funding of Term Loans Clause in Contracts

Funding of Term Loans. Unless the Administrative Agent shall have received notice from a Term Lender, prior to the Closing Date, that such Term Lender will not make available to the Administrative Agent such Term Lender’s Pro Rata Share of such Term Loans, the Administrative Agent may, but shall not be required to, assume that such Term Lender has made such Pro Rata Share available on such date in accordance with Section 1.02(c) and may in its sole discretion, but shall not be required to, in reliance upon such assumption, make available to the Borrower a corresponding amount. If any Term Lender either does not make its Pro Rata Share of the Term Loans available to the Administrative Agent or delays in doing so past 3:00 p.m., New York City time, on the Closing Date (such Term Lender (until it makes such Pro Rata Share available) hereinafter referred to as a “Term Defaulting Lender”), then the Administrative Agent shall immediately notify the Borrower of such default. If the Administrative Agent has, in its sole discretion, made available to the Borrower an amount corresponding to such Term Defaulting Lender’s Pro Rata Share of the Term Loans, then each of the Term Defaulting Lender and the Borrower agrees to pay to the Administrative Agent forthwith on demand such corresponding amount with interest thereon, on 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 of Term Loans. Unless Upon receipt of a Notice of Borrowing, the Administrative Agent shall have received notice from a Term Lender, prior promptly inform the Lenders as to the Closing Date, that such Term terms thereof. Each Lender will not make available to the Administrative Agent such Term Lender’s Pro Rata Share of such Term Loans, the Administrative Agent may, but shall not be required to, assume that such Term Lender has made such Pro Rata Share available on such date in accordance with Section 1.02(c) and may in its sole discretion, but shall not be required to, in reliance upon such assumption, make available to the Borrower a corresponding amount. If any Term Lender either does not make its Pro Rata Share pro rata share of the Term Loans available to the Administrative Agent or delays in doing so past 3:00 p.m., New York City time, by 1:00 p.m. on the Closing Date by deposit (in Dollars) of immediately available funds at the offices of the Administrative Agent at its principal office in New York, New York, or at such other address as the Administrative Agent may designate in writing. All Term Loans shall be made by the Lenders pro rata on the basis of each Lender’s Term Loan Percentage. No Lender shall be responsible for the failure or delay by any other Lender in its obligation to make Term Loans hereunder; provided, however, that the failure of any Lender to fulfill its obligations hereunder shall not relieve any other Lender of its obligations hereunder. The Administrative Agent will make the proceeds of such Term Lender (until Loans available to the Borrower promptly after it makes such Pro Rata Share available) hereinafter referred to receives funds from the Lenders as a “Term Defaulting Lender”), then described in the preceding paragraph. Unless the Administrative Agent shall immediately notify have been notified by any Lender prior to the Borrower time of any such default. If Term Loan that such Lender does not intend to make available to the Administrative Agent hasits portion of the Term Loans to be made on such date, the Administrative Agent may assume that such Lender has made such amount available to the Administrative Agent on the date of such Term Loans, and the Administrative Agent in reliance upon such assumption, may (in its sole discretion, made discretion without any obligation to do so) make available to the Borrower an amount corresponding to such Term Defaulting Lender’s Pro Rata Share of the Term Loans, then each of the Term Defaulting Lender and the Borrower agrees to pay to the Administrative Agent forthwith on demand such corresponding amount with interest thereon, on 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 corresponding

Funding of Term Loans. Unless the Administrative Agent shall have received notice from a Term Lender, prior to the Closing Date, that such Term Lender will not make available to the Administrative Agent such Term Lender’s Pro Rata Share of such Term Loans, the Administrative Agent may, but shall not be required to, assume that such Term Lender has made such Pro Rata Share available on such date in accordance with Section 1.02(c1.03(c) and may in its sole discretion, but shall not be required to, in reliance upon such assumption, make available to the applicable Borrower a corresponding amount. If any Term Lender either does not make its Pro Rata Share of the Term Loans available to the Administrative Agent or delays in doing so past 3:00 p.m., New York City time, 4:00 p.m. on the Closing Date (such Term Lender (until it makes such Pro Rata Share available) hereinafter referred to as a “Term Defaulting Lender”), then the Administrative Agent shall immediately notify the applicable Borrower of such default. If the Administrative Agent has, in its sole discretion, made available to the applicable Borrower an amount corresponding to such Term Defaulting Lender’s Pro Rata Share of the Term Loans, then each of the Term Defaulting Lender and the applicable Borrower agrees jointly and severally agree to pay to the Administrative Agent forthwith on demand such corresponding amount with interest thereon, on 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: