Common use of Funding Reliance, etc Clause in Contracts

Funding Reliance, etc. Unless the Administrative Agent shall have been notified by telephone, confirmed in writing, by any Lender or Bid Loan Lender by 3:00 p.m., San Francisco time, on the day prior to a Borrowing that such Lender will not make available the amount which would constitute its Percentage of such Borrowing on the date specified therefor, or such Bid Loan Lender shall not make available the amount of its Bid Loan on the date specified therefor the Administrative Agent may assume that such Lender or Bid Loan Lender, as the case may be, has made such amount available to the Administrative Agent and, in reliance upon such assumption, may (but shall not be obligated to) make available to the applicable Borrower a corresponding amount. If and to the extent that such Lender shall not have made such amount available to the Administrative Agent, such Lender or Bid Loan Lender, as the case may be, and the applicable Borrower severally agree to repay the Administrative Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date the Administrative Agent made such amount available to such Borrower to the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to Loans comprising such Borrowing.

Funding Reliance, etc. Unless the Administrative Agent shall have been notified by telephone, confirmed in writing, by any Lender or Bid Loan Lender by 3:00 5:00 p.m., San Francisco New York time, on the day prior to a Borrowing that such Lender will not make available the amount which would constitute its Percentage of such Borrowing on the date specified therefor, or such Bid Loan Lender shall not make available the amount of its Bid Loan on the date specified therefor the Administrative Agent may assume that such Lender or Bid Loan Lender, as the case may be, has made such amount available to the Administrative Agent and, in reliance upon such assumption, may (but shall not be obligated to) make available to the applicable Borrower a -105- corresponding amount. If and to the extent that such Lender shall not have made such amount available to the Administrative Agent, such Lender or Bid Loan Lender, as the case may be, severally agrees and the applicable Borrower Borrowers jointly and severally agree to repay the Administrative Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date the Administrative Agent made such amount available to such the applicable Borrower to the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to Loans comprising such Borrowing (in the case of any Borrower) and (in the case of a Lender), at the Federal Funds Rate (for the first two Business Days after which such amount has not been repaid, and thereafter at the interest rate applicable to Loans comprising such Borrowing.

Funding Reliance, etc. Unless the Administrative Agent shall have been notified by telephone, confirmed in writing, by any Lender or Bid Loan Lender by 3:00 5:00 p.m., San Francisco New York City time, on the day prior to a Borrowing that such Lender will not make available the amount which would constitute its Revolving Percentage of such Borrowing on the date specified therefor, or such Bid Loan Lender shall not make available the amount of its Bid Loan on the date specified therefor the Administrative Agent may assume that such Lender or Bid Loan Lender, as the case may be, has made such amount available to the Administrative Agent and, in reliance upon such assumption, may (but shall not be obligated to) make available to the applicable Borrower a corresponding amount; provided, however, that the Agent shall have no obligation to do so. If and such amount is made available by such Lender to the extent that Agent on a date after the date of such Borrowing, such Lender shall not have made pay to the Agent on demand interest on such amount at the Federal Funds Rate for the number of days from and including the date of such Borrowing to the date on which such amount becomes immediately available to the Administrative Agent, together with such other compensatory amounts as may be required to be paid by such Lender to the Agent pursuant to the Rules for Interbank Compensation of the Council on International Banking or Bid Loan Lenderthe Clearinghouse Compensation Committee, as the case may be, and as in effect from time to time. A statement of the applicable Borrower severally agree Agent submitted to repay any Lender with respect to any amounts owing under this Section 9.2 shall be conclusive, in the Administrative Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date the Administrative Agent made such amount available to such Borrower to the date absence of manifest error. If such amount is repaid not in fact made available to the Administrative AgentAgent by such Lender within three Business Days after the date of such Borrowing, the Agent shall be entitled to recover such amount, with interest thereon at the interest rate per annum then applicable at to the time to Loans comprising such Borrowing, within five Business Days after demand, from the Borrower.

Funding Reliance, etc. Unless the Administrative Agent shall have been notified by telephone, confirmed in writing, by any Lender or Bid Loan Lender by 3:00 p.m., San Francisco California time, on the day prior to a Borrowing that such Lender will not make available the amount which would constitute its Percentage of such Borrowing on the date specified therefor, or such Bid Loan Lender shall not make available the amount of its Bid Loan on the date specified therefor the Administrative Agent may assume that such Lender or Bid Loan Lender, as the case may be, has made such amount available to the Administrative Agent and, in reliance upon such assumption, may (but shall not be obligated to) make available to the applicable Borrower Borrowers a corresponding amount. If and to the extent that such Lender shall not have made such amount available to the Administrative Agent, (a) such Lender or Bid Loan Lender, as the case may be, and the applicable Borrower severally agree agrees to repay the Administrative Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date the Administrative Agent made such amount available to such Borrower the Borrowers to the date such amount is repaid to the Administrative Agent, at an interest rate equal for the first 3 days of such period to the Federal Funds Rate from time to time in effect and thereafter at the interest rate applicable at the time to Loans comprising such Borrowing, together with such other compensatory amounts as may be required to be paid by such Lender to the Agent under the Rules for Interbank Cooperation of the Council on International Banking or the Clearinghouse Compensation Committee, as the case may be, as in effect from time to time and (b) the Borrowers agree to repay to the Agent forthwith upon demand such corresponding amount together with interest thereon, for each day from the date the Agent made such amount available to the Borrowers to the date such amount is repaid to the Agent, at the interest rate applicable at the time to Loans comprising such Borrowing.

Funding Reliance, etc. Unless the Administrative Agent shall have been notified by telephone, confirmed in writing, by any Lender or Bid Loan Lender by 3:00 5:00 p.m., San Francisco London time, on the day prior to the making of a Borrowing Pro-Rata Revolving Loan that such Lender will not make available the an amount which would constitute its Adjusted Percentage of such Borrowing requested Pro-Rata Revolving Loan on the date specified therefor, or such Bid Loan Lender shall not make available the amount of its Bid Loan on the date specified therefor the Administrative Agent may assume that such Lender or Bid Loan Lender, as the case may be, has made such amount available to the Administrative Agent and, in reliance upon such assumption, may (but shall not be obligated to) make available to the applicable relevant Primary Borrower a corresponding amount. If and to the extent that such Lender shall not have made such amount available to the Administrative Agent, such Lender or Bid Loan Lender, as the case may be, and the applicable relevant Primary Borrower severally agree agree, to repay pay the Administrative Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date the Administrative Agent made such amount available to such the relevant Primary Borrower to the date such amount is repaid to the Administrative Agent at an annual interest rate equal to the Administrative Agent, 's Cost of Funds for the first day that the Administrative Agent made such amounts available and thereafter at a rate of interest equal to the interest rate applicable at the time to Loans comprising such Borrowingthe requested Pro-Rata Revolving Loan.

Funding Reliance, etc. Unless the applicable Administrative Agent shall have been notified by telephone, confirmed in writing, writing by any Lender or Bid Loan Lender by 3:00 p.m., San Francisco time, p.m. on the day Business Day prior to a Borrowing that such Lender will not make available the amount which would constitute its Percentage of such Borrowing on the date specified therefor, or such Bid Loan Lender shall not make available the amount of its Bid Loan on the date specified therefor the Administrative Agent may assume that such Lender or Bid Loan Lender, as the case may be, has made such amount available to the such Administrative Agent and, in reliance upon such assumption, may (but shall not be obligated to) make available to the applicable Borrower a corresponding amount. If and to the extent that such Lender shall not have made such amount available to the such Administrative Agent, such Lender or Bid Loan Lender, as the case may be, and the applicable Borrower severally agree to repay the such Administrative Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date the such Administrative Agent made such amount available to such Borrower to the date such amount is repaid to the such Administrative Agent, at the interest rate applicable at the time to Loans comprising such Borrowing (in the case of such Borrower) and (in the case of a Lender), at the Federal Funds Rate in the case of U.S. Loans and Canadian Term Loans or, in the case of Canadian Revolving Loans or Canadian Swing Line Loans, the Interbank Reference Rate, for the first two Business Days after which such amount has not been repaid, and thereafter at the interest rate applicable to Loans comprising such Borrowing.

Funding Reliance, etc. Unless the Administrative Agent shall have been notified by telephone, confirmed in writing, by any Lender or Bid Loan Lender by 3:00 p.m.12:00 noon (New York City, San Francisco New York time, ) on the day Business Day of a Borrowing, with respect to ABR Loans, and by 5:00 p.m. (New York City, New York time) on the Business Day prior to a Borrowing Borrowing, with respect to Eurodollar Loans, that such Lender will not make available the amount which would constitute its Percentage of such Borrowing on the date specified therefor, or such Bid Loan Lender shall not make available the amount of its Bid Loan on the date specified therefor the Administrative Agent may assume that such Lender or Bid Loan Lender, as the case may be, has made such amount available to the Administrative Agent and, in reliance upon such assumption, may (but shall not be obligated to) make available to the applicable Borrower a corresponding amount. If and to the extent that such Lender shall not have made such amount available to the Administrative Agent, such Lender or Bid Loan Lender, as the case may be, and the applicable Borrower severally agree to repay the Administrative Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date the Administrative Agent made such amount available to such Borrower to the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to Loans comprising such Borrowing (in the case of such Borrower) and (in the case of the Lender), at the Federal Funds Rate for the first two Business Days after which such amount has not been repaid, and thereafter at the interest rate applicable to Loans comprising such Borrowing.

Funding Reliance, etc. Unless the Administrative Agent shall have been notified by telephone, confirmed in writing, by any Lender or Bid Loan Lender by 3:00 5:00 p.m., San Francisco New York City time, on the day prior to a Borrowing that such Lender will not make available the amount which would constitute its Percentage of such Borrowing on the date specified therefor, or such Bid Loan Lender shall not make available the amount of its Bid Loan on the date specified therefor the Administrative Agent may assume that such Lender or Bid Loan Lender, as the case may be, has made such amount available to the Administrative Agent and, in reliance upon such assumption, may (but shall not be obligated to) make available to the applicable Borrower a corresponding amount; provided, however, that the Agent shall have no obligation to do so. If and such amount is made available by such Lender to the extent that Agent on a date after the date of such Borrowing, such Lender shall not have made pay to the Agent on demand interest on such amount at the Federal Funds Rate for the number of days from and including the date of such Borrowing to the date on which such amount becomes immediately available to the Administrative Agent, together with such other compensatory amounts as may be required to be paid by such Lender to the Agent pursuant to the Rules for Interbank Compensation of the Council on International Banking or Bid Loan Lenderthe Clearinghouse Compensation Committee, as the case may be, and as in effect from time to time. A statement of the applicable Borrower severally agree Agent submitted to repay any Lender with respect to any amounts owing under this Section 8.2 shall be conclusive, in the Administrative Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date the Administrative Agent made such amount available to such Borrower to the date absence of manifest error. If such amount is repaid not in fact made available to the Administrative AgentAgent by such Lender within three Business Days after the date of such Borrowing, the Agent shall be entitled to recover such amount, with interest thereon at the interest rate per annum then applicable at to the time to Loans comprising such Borrowing, within five Business Days after demand, from the Borrower.

Funding Reliance, etc. Unless the Administrative Agent shall have been notified by telephone, confirmed in writing, by any Lender or Bid Loan Lender by 3:00 p.m., San Francisco Atlanta, Georgia time, on the day prior to a Borrowing that such Lender will not make available the amount which would constitute its Working Capital Loan Percentage of such Borrowing the Working Capital Facility Loans on the date specified therefor, or such Bid Loan Lender shall not make available the amount of its Bid Loan on the date specified therefor the Administrative Agent may assume that such Lender or Bid Loan Lender, as the case may be, has made such amount available to the Administrative Agent and, in reliance upon such assumption, may (but shall not be obligated to) make available to the applicable Borrower Borrowers a corresponding amount; provided, however, that the Agent shall have no obligation to do so. If and such amount is made available by such Lender to the extent that Agent on a date after the date of such Borrowing, such Lender shall not have made pay to the Agent on demand interest on such amount at the Federal Funds Rate for the number of days from and including the date of such Borrowing to the date on which such amount becomes immediately available to the Administrative Agent, together with such other compensatory amounts as may be required to be paid by such Lender to the Agent pursuant to the Rules for Interbank Compensation of the Council on International Banking or Bid Loan Lenderthe Clearinghouse Compensation Committee, as the case may be, and as in effect from time to time. A statement of the applicable Borrower severally agree Agent submitted to repay any Lender with respect to any amounts owing under this Section 8.2 shall be conclusive, in the Administrative Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date the Administrative Agent made such amount available to such Borrower to the date absence of manifest error. If such amount is repaid not in fact made available to the Administrative AgentAgent by such Lender within three (3) Business Days after the date of such Borrowing, the Agent shall be entitled to recover such amount, with interest thereon at the interest rate per annum then applicable at to the time to Loans comprising such Borrowing, within five Business Days after demand, from the Borrowers.

Funding Reliance, etc. Unless the Administrative Agent shall have been notified by telephone, confirmed in writing, by any Lender or Bid Loan Lender by 3:00 p.m., San Francisco New York City time, on the day prior to a Borrowing that such Lender will not make available the amount which would constitute its Loan Percentage of such Borrowing the Facility Loans on the date specified therefor, or such Bid Loan Lender shall not make available the amount of its Bid Loan on the date specified therefor the Administrative Agent may assume that such Lender or Bid Loan Lender, as the case may be, has made such amount available to the Administrative Agent and, in reliance upon such assumption, may (but shall not be obligated to) make available to the applicable Borrower a corresponding amount; provided, however, that the Agent shall have no obligation to do so. If and such amount is made available by such Lender to the extent that Agent on a date after the date of such Borrowing, such Lender shall not have made pay to the Agent on demand interest on such amount at the Federal Funds Rate for the number of days from and including the date of such Borrowing to the date on which such amount becomes immediately available to the Administrative Agent, together with such other compensatory amounts as may be required to be paid by such Lender to the Agent pursuant to the Rules for Interbank Compensation of the Council on International Banking or Bid Loan Lenderthe Clearinghouse Compensation Committee, as the case may be, and as in effect from time to time. A statement of the applicable Borrower severally agree Agent submitted to repay any Lender with respect to any amounts owing under this Section 8.2 shall be conclusive, in the Administrative Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date the Administrative Agent made such amount available to such Borrower to the date absence of manifest error. If such amount is repaid not in fact made available to the Administrative AgentAgent by such Lender within three (3) Business Days after the date of such Borrowing, the Agent shall be entitled to recover such amount, with interest thereon at the interest rate per annum then applicable at to the time to Loans comprising such Borrowing, within five Business Days after demand, from the Borrower.

Funding Reliance, etc. Unless the Administrative Agent shall have been notified by telephone, confirmed in writing, writing by any Lender or Bid Loan Lender by 3:00 p.m., San Francisco time, p.m. on the day Business Day prior to a Borrowing that such Lender will not make available the amount which would constitute its Percentage of such Borrowing in the case of Revolving Loans, or the amount of its Competitive Bid Loan Offer that has been accepted by the Borrower pursuant to clause (e)(ii) of Section 2.8, in the case of Competitive Bid Loans, in each case on the date specified therefor, or such Bid Loan Lender shall not make available the amount of its Bid Loan on the date specified therefor the Administrative Agent may assume that such Lender or Bid Loan Lender, as the case may be, has made such amount available to the Administrative Agent and, in reliance upon such assumption, may (but shall not be obligated to) make available to the applicable Borrower Borrowers a corresponding amount. If and to the extent that such Lender shall not have made such amount available to the Administrative Agent, such Lender or Bid Loan Lender, as the case may be, and the applicable Borrower Borrowers severally agree to repay the Administrative Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date the Administrative Agent made such amount available to such Borrower the Borrowers to the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to Loans comprising such Borrowing (in the case of the Borrowers) and (in the case of a Lender), at the Federal Funds Rate (for the first two Business Days after which such amount has not been repaid, and thereafter at the interest rate applicable to Loans comprising such Borrowing.

Funding Reliance, etc. Unless the Administrative Agent shall have been notified by telephone, confirmed in writing, by any Lender or Bid Loan Lender by 3:00 p.m., San Francisco time, on the day prior to a Borrowing that such Lender will not make available the amount which would constitute its Percentage of such Borrowing on the date specified therefor, or such Bid Loan Lender shall not make available the amount of its Bid Loan on the date specified therefor the Administrative Agent may assume that such Lender or Bid Loan Lender, as the case may be, has made such amount available to the Administrative Agent and, in reliance upon such assumption, may (but shall not be obligated to) make available to the applicable Borrower a corresponding amount. If and to the extent that such Lender shall not have made such amount available to the Administrative Agent, such Lender or Bid Loan Lender, as the case may be, and the applicable Borrower severally agree to repay the Administrative Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date the Administrative Agent made such amount available to such the Borrower to the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to Loans comprising such Borrowing.