Common use of Lender Failure to Fund Clause in Contracts

Lender Failure to Fund. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing that such Lender will not make available to the Administrative Agent the amount of such Lender’s Loan to be made as part of such Borrowing, the Administrative Agent shall be entitled to assume that such Lender has made or will make such amount available to the Administrative Agent on the date of such Borrowing in accordance with Section 2.09(a), and the Administrative Agent may on such date, in reliance upon such assumption, disburse or otherwise credit to the Borrower a corresponding amount. If any Lender does not make the amount of such Lender’s Loan to be made as part of any Borrowing available to the Administrative Agent on or prior to the date of such Borrowing, such Lender shall pay to the Administrative Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid to the Administrative Agent at rates equal to (i) the daily Federal Funds Rate during the period from such date through the third day thereafter and (ii) the rate applicable to Base Rate Loans thereafter. A certificate of the Administrative Agent submitted to any Lender with respect to any amount owing by such Lender under this Section 2.09(b) shall be conclusive absent manifest error with respect to such amount. If the amount of any Lender’s Loan to be made as part of any Borrowing is not paid to the Administrative Agent by such Lender within three Business Days after the date of such Borrowing, the Borrower shall repay such amount to the Administrative Agent, on demand, together with interest thereon, for each day from the date such amount was disbursed to the Borrower until the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to the Loans comprising such Borrowing.

Appears in 6 contracts

Samples: Security Agreement (Chiquita Brands International Inc), Security Agreement (Chiquita Brands International Inc), Security Agreement (Chiquita Brands International Inc)

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Lender Failure to Fund. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing that such Lender will not make available to the Administrative Agent the amount of such Lender’s Loan to be made as part 's Proportionate Share of such Borrowing, the Administrative Agent shall be entitled to assume that such Lender has made or will make such amount portion available to the Administrative Agent on the date of such Borrowing in accordance with Section 2.09(aSubparagraph 2.08(a), and the Administrative Agent may on such date, in reliance upon such assumption, disburse or otherwise credit to the applicable Borrower a corresponding amount. If any Lender does not make the amount of its Proportionate Share of such Lender’s Loan to be made as part of any Borrowing available to the Administrative Agent on or prior to the date of such Borrowing, such Lender shall pay to the Administrative Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid to the Administrative Agent at rates equal to (i) the daily Federal Funds Rate during for the period from such date through first three (3) days and the third day Base Rate thereafter and for any amount in Dollars or (ii) the rate applicable to Base Overnight Rate Loans thereafterplus one percent (1%) for any amount in Yen. A certificate of the Administrative Agent submitted to any Lender with respect to any amount owing by such Lender under this Section 2.09(bSubparagraph 2.08(b) shall be conclusive absent manifest error with respect to constitute prima facie evidence of such amount. If the amount of any Lender’s Loan to be made as part 's Proportionate Share of any Borrowing is not paid to the Administrative Agent by such Lender within three (3) Business Days after the date of such Borrowing, the applicable Borrower shall repay such amount to the Administrative Agent, on demand, together with interest thereon, for each day from the date such amount was disbursed to the such Borrower until the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to the Loans comprising such Borrowing.

Appears in 3 contracts

Samples: Assignment Agreement (Lsi Logic Corp), Assignment Agreement (Lsi Logic Corp), Credit Agreement (Lsi Logic Corp)

Lender Failure to Fund. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Revolving Loan Borrowing that such Lender will not make available to the Administrative Agent the amount of such Lender’s Loan to be made as part Proportionate Share of such Revolving Loan Borrowing, the Administrative Agent shall be entitled to assume that such Lender has made or will make such amount portion available to the Administrative Agent on the date of such Revolving Loan Borrowing in accordance with Section 2.09(a), and the Administrative Agent may on such date, in reliance upon such assumption, disburse or otherwise credit to the Borrower a corresponding amount. If any Lender does not make the amount of its such Lender’s Loan to be made as part Proportionate Share of any Revolving Loan Borrowing available to the Administrative Agent on or prior to the date of such Revolving Loan Borrowing, such Lender shall pay to the Administrative Agent, on demand, interest which shall accrue on such amount from the date of such Revolving Loan Borrowing until such amount is paid to the Administrative Agent at rates equal to (i) the daily Federal Funds Rate during the period from the date of such date Revolving Loan Borrowing through the third day Business Day thereafter and (ii) the rate applicable to Base Rate Loans thereafter. A certificate of the Administrative Agent submitted to any Lender with respect to any amount owing by such Lender under this Section 2.09(b) shall be conclusive absent manifest error with respect to constitute prima facie evidence of such amount. If the amount of any Lender’s Loan to be made as part Proportionate Share of any Revolving Loan Borrowing is not paid to the Administrative Agent by such Lender within three (3) Business Days after the date of such Revolving Loan Borrowing, the Borrower shall repay such amount to the Administrative Agent, on demand, together with interest thereon, for each day from the date such amount was disbursed to the Borrower until the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to the Loans comprising such Revolving Loan Borrowing.

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement (Wild Oats Markets Inc)

Lender Failure to Fund. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any a Borrowing that such Lender will not make available to the Administrative Agent the amount of such Lender’s Loan to be made as part Proportionate Share of such Borrowing, the Administrative Agent shall be entitled to assume that such Lender has made or will make such amount available to the Administrative Agent on the date of such Borrowing in accordance with Section 2.09(aSubparagraph 2.10(a), and the Administrative Agent may on such date, in reliance upon such assumption, disburse or otherwise credit to the applicable Borrower a corresponding amount. If any Lender does not make the amount of such Lender’s Loan to be made as part its applicable Proportionate Share of any a Borrowing available to the Administrative Agent on or prior to the date of such Borrowing, such Lender shall pay to the Administrative Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid to the Administrative Agent at rates equal to (i) the daily Federal Funds Rate during the period from such date through the third day thereafter and for any amount in Dollars or (ii) the rate applicable to Base Overnight Rate Loans thereafterplus one percent (1%) for any amount in an Alternative Currency. A certificate of the Administrative Agent submitted to any Lender with respect to any amount owing by such Lender under this Section 2.09(bSubparagraph 2.10(b) shall be conclusive absent manifest error with respect to constitute prima facie evidence of such amount. If the amount of any Lender’s Loan to be made as part applicable Proportionate Share of any Borrowing is not paid to the Administrative Agent by such Lender within three (3) Business Days after the date of such Borrowing, the applicable Borrower shall repay such amount to the Administrative Agent, on demand, together with interest thereon, for each day from the date such amount was disbursed to the such Borrower until the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to the Loans comprising such Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Flextronics International LTD), Credit Agreement (Flextronics International LTD)

Lender Failure to Fund. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing that such Lender will not make available to the Administrative Agent the amount of such Lender’s Loan to be made Revolving Proportionate Share or Term Proportionate Share, as part the case may be, of such Borrowing, the Administrative Agent shall be entitled to assume that such Lender has made or will make such amount portion available to the Administrative Agent on the date of such Borrowing in accordance with Section 2.09(a), and the Administrative Agent may on such date, in reliance upon such assumption, disburse or otherwise credit to the Borrower a corresponding amount. If any Lender does not make the amount of such Lender’s Loan to be made Revolving Proportionate Share or Term Proportionate Share, as part the case may be, of any Borrowing available to the Administrative Agent on or prior to the date of such Borrowing, such Lender shall pay to the Administrative Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid to the Administrative Agent at per annum rates equal to (i) the daily Federal Funds Rate during the period from such date through the third day thereafter and (ii) the rate applicable time to Base Rate Loans thereaftertime in effect. A certificate of the Administrative Agent submitted to any Lender with respect to any amount owing by such Lender under this Section 2.09(b) shall be conclusive absent manifest error with respect to such amount. If the amount of any Lender’s Loan to be made Revolving Proportionate Share or Term Proportionate Share, as part the case may be, of any Borrowing is not paid to the Administrative Agent by such Lender within three (3) Business Days after the date of such Borrowing, the Borrower shall repay such amount to the Administrative Agent, on demand, together with interest thereon, for each day from the date such amount was disbursed to the Borrower until the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to the Loans comprising such Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Arc Document Solutions, Inc.), Credit Agreement (Arc Document Solutions, Inc.)

Lender Failure to Fund. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Revolving Loan Borrowing that such Lender will not make available to the Administrative Agent the amount of such Lender’s Loan to be made as part Revolving Proportionate Share of such Revolving Loan Borrowing, the Administrative Agent shall be entitled to assume that such Lender has made or will make such amount portion available to the Administrative Agent on the date of such Revolving Loan Borrowing in accordance with Section 2.09(a), and the Administrative Agent may on such date, in reliance upon such assumption, disburse or otherwise credit to the Borrower a corresponding amount. If any Lender does not make the amount of such Lender’s Loan to be made as part Revolving Proportionate Share of any Revolving Loan Borrowing available to the Administrative Agent on or prior to the date of such Revolving Loan Borrowing, such Lender shall pay to the Administrative Agent, on demand, interest which shall accrue on such amount from the date of such Revolving Loan Borrowing until such amount is paid to the Administrative Agent at rates equal to (i) the daily Federal Funds Rate during the period from the date of such date Revolving Loan Borrowing through the third day Business Day thereafter and (ii) the rate applicable to Base Rate Loans thereafter. A certificate of the Administrative Agent submitted to any Lender with respect to any amount owing by such Lender under this Section 2.09(b) shall be conclusive absent manifest error with respect to such amount. If the amount of any Lender’s Loan to be made as part Revolving Proportionate Share of any Revolving Loan Borrowing is not paid to the Administrative Agent by such Lender within three (3) Business Days after the date of such Revolving Loan Borrowing, the Borrower shall repay such amount to the Administrative Agent, on demand, together with interest thereon, for each day from the date such amount was disbursed to the Borrower until the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to the Loans comprising such Revolving Loan Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Genius Products Inc), Credit Agreement (Genius Products Inc)

Lender Failure to Fund. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing that such Lender will not make available to the Administrative Agent the amount of such Lender’s Loan to be made as part Revolving Proportionate Share of such Borrowing, the Administrative Agent shall be entitled to assume that such Lender has made or will make such amount portion available to the Administrative Agent on the date of such Borrowing in accordance with Section 2.09(a), and the Administrative Agent may on such date, in reliance upon such assumption, disburse or otherwise credit to the Borrower Borrowers a corresponding amount. If any Lender does not make the amount of such Lender’s Loan to be made as part Revolving Proportionate Share of any Borrowing available to the Administrative Agent on or prior to the date of such Borrowing, such Lender shall pay to the Administrative Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid to the Administrative Agent at rates equal to (i) the daily Federal Funds Rate during the period from the date of such date Borrowing through the third day Business Day thereafter and (ii) the rate applicable to Base Rate Loans thereafter. A certificate of the Administrative Agent submitted to any Lender with respect to any amount owing by such Lender under this Section 2.09(b) shall be conclusive absent manifest error with respect to such amount. If the amount of any Lender’s Loan to be made as part Revolving Proportionate Share of any Borrowing is not paid to the Administrative Agent by such Lender within three (3) Business Days after the date of such Borrowing, the Borrower Borrowers shall repay such amount to the Administrative Agent, on demand, together with interest thereon, for each day from the date such amount was disbursed to the Borrower Borrowers until the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to the Loans comprising such Borrowing.

Appears in 2 contracts

Samples: Guaranty Agreement (American Commercial Lines Inc.), Credit Agreement (American Commercial Lines Inc.)

Lender Failure to Fund. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any a Borrowing that such Lender will not make available to the Administrative Agent the amount of such Lender’s Loan to be made as part 's applicable Proportionate Share of such Borrowing, the Administrative Agent shall be entitled to assume that such Lender has made or will make such amount available to the Administrative Agent on the date of such Borrowing in accordance with Section 2.09(aSubparagraph 2.08(a), and the Administrative Agent may on such date, in reliance upon such assumption, disburse or otherwise credit to the applicable Borrower a corresponding amount. If any Lender does not make the amount of such Lender’s Loan to be made as part its applicable Proportionate Share of any a Borrowing available to the Administrative Agent on or prior to the date of such Borrowing, such Lender shall pay to the Administrative Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid to the Administrative Agent at rates equal to (i) the daily Federal Funds Rate during for the period from such date through first three (3) days and the third day Base Rate thereafter and for any amount in Dollars or (ii) the rate applicable to Base Overnight Rate Loans thereafterplus one percent (1%) for any amount in an Alternative Currency. A certificate of the Administrative Agent submitted to any Lender with respect to any amount owing by such Lender under this Section 2.09(bSubparagraph 2.08(b) shall be conclusive absent manifest error with respect to constitute prima facie evidence of such amount. If the amount of any Lender’s Loan to be made as part 's applicable Proportionate Share of any Borrowing is not paid to the Administrative Agent by such Lender within three (3) Business Days after the date of such Borrowing, the applicable Borrower shall repay such amount to the Administrative Agent, on demand, together with interest thereon, for each day from the date such amount was disbursed to the such Borrower until the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to the Loans comprising such Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Flextronics International LTD), Assignment Agreement (Flextronics International LTD)

Lender Failure to Fund. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Revolving Borrowing that such Lender will not make available to the Administrative Agent the amount of such Lender’s Loan to be made as part Revolving Proportionate Share of such Revolving Borrowing, the Administrative Agent shall be entitled to assume that such Lender has made or will make such amount portion available to the Administrative Agent on the date of such Revolving Borrowing in accordance with Section 2.09(a2.10(a), and the Administrative Agent may on such date, in reliance upon such assumption, disburse or otherwise credit to the Borrower Borrowers a corresponding amount. If any Lender does not make the amount of its such Lender’s Loan to be made as part Revolving Proportionate Share of any Revolving Borrowing available to the Administrative Agent on or prior to the date of such Revolving Borrowing, such Lender shall pay to the Administrative Agent, on demand, interest which shall accrue on such amount from the date of such Revolving Borrowing until such amount is paid to the Administrative Agent at rates equal to (i) the daily Federal Funds Rate during the period from the date of such date Revolving Borrowing through the third day Business Day thereafter and (ii) the rate applicable to Base Rate Loans thereafter. A certificate of the Administrative Agent submitted to any Lender with respect to any amount owing by such Lender under this Section 2.09(b2.10(b) shall be conclusive absent manifest error with respect to such amount. If the amount of any Lender’s Loan to be made as part Revolving Proportionate Share of any Revolving Borrowing is not paid to the Administrative Agent by such Lender within three (3) Business Days after the date of such Revolving Borrowing, the Borrower Borrowers shall repay such amount to the Administrative Agent, on demand, together with interest thereon, for each day from the date such amount was disbursed to the Borrower Borrowers until the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to the Loans comprising such Revolving Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Sands Regent), Credit Agreement (Sands Regent)

Lender Failure to Fund. Unless the Administrative Agent shall have received receives notice from a Lender prior to on or before the date of any Borrowing borrowing hereunder that such Lender will not make available to the Administrative Agent the amount of such Lender’s Loan to be made as part of such BorrowingRatable Portion thereof, the Administrative Agent shall be entitled to may assume that such Lender has made or will make such amount portion available to the Administrative Agent on the date of such Borrowing borrowing in accordance with Section 2.09(a2.6(a), and the Administrative Agent may on such datemay, in reliance upon such assumption, disburse make available to Borrower (or otherwise credit to the Borrower disburse) on such date a corresponding amount. If any Lender does not make the amount of such Lender’s Loan to be made as part its Ratable Portion of any Borrowing borrowing available to the Administrative Agent on or prior to the date of such Borrowingborrowing, such Lender shall pay to the Administrative Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid made available to the Administrative Agent at rates a rate equal to (i) the daily Federal Funds Rate during the period from such date through the third day thereafter and (ii) the rate applicable to Base Rate Loans thereafterRate. A certificate of the Administrative Agent submitted to any Lender with respect to any amount amounts owing by such Lender under this Section 2.09(b) shall be conclusive absent manifest error with respect to presumptive evidence of such amountamounts. If the amount of any Lender’s Loan to be made as part Ratable Portion of any Borrowing borrowing is not paid in fact made available to the Administrative Agent by such Lender within three Business Days after the date of such Borrowingborrowing, the Borrower shall repay such amount pay to the Administrative Agent, on demand, an amount equal to such Ratable Portion together with interest thereon, for each day from the date such amount was disbursed made available to the Borrower until the date such amount is repaid to the Administrative Agent, at the rate of interest rate applicable at the time to the Loans comprising such Borrowingspecified in Section 2.3(a).

Appears in 2 contracts

Samples: Credit Agreement (Columbia Sportswear Co), Credit Agreement (Columbia Sportswear Co)

Lender Failure to Fund. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing that such Lender will not make available to the Administrative Agent the amount of such Lender’s Loan to be made as part 's Proportionate Share of such Borrowing, the Administrative Agent shall be entitled to may assume that such Lender has made or will make such amount portion available to the Administrative Agent on the date of such Borrowing in accordance with Section 2.09(aSubparagraph 2.08(a), and the Administrative Agent may on such datemay, in reliance upon such assumption, disburse make available to Borrower (or otherwise credit to the Borrower disburse) on such date a corresponding amount. If any Lender does not make the amount of such Lender’s Loan to be made as part its Proportionate Share of any Borrowing available to the Administrative Agent on or prior to the date of such Borrowing, such Lender shall pay to the Administrative Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid made available to the Administrative Agent at rates equal to (i) the daily Federal Funds Rate during the period from the date of such date Borrowing through the third day Business Day thereafter and (ii) the rate applicable to Base Rate Loans thereafter. A certificate of the Administrative Agent submitted to any Lender with respect to any amount amounts owing by such Lender under this Section 2.09(bSubparagraph 2.08(b) shall be conclusive absent manifest error with respect to such amounterror. If the amount of any Lender’s Loan to be made as part 's Proportionate Share of any Borrowing is not paid in fact made available to the Administrative Agent by such Lender within three (3) Business Days after the date of such Borrowing, the Borrower shall repay such amount pay to the Administrative Agent, on demand, an amount equal to such Proportionate Share together with interest thereon, for each day from the date such amount was disbursed made available to the Borrower until the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to the Loans comprising such Borrowing.

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement (Lam Research Corp)

Lender Failure to Fund. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing that such Lender will not make available to the Administrative Agent the amount of such Lender’s Loan to be made as part 's Proportionate Share of such Borrowing, the Administrative Agent shall be entitled to assume that such Lender has made or will make such amount portion available to the Administrative Agent on the date of such Borrowing in accordance with Section 2.09(aSUBPARAGRAPH 2.07(a), and the Administrative Agent may on such date, in reliance upon such assumption, disburse or otherwise credit to the Borrower a corresponding amount. If any Lender does not make the amount of such Lender’s Loan to be made as part its Proportionate Share of any Borrowing available to the Administrative Agent on or prior to the date of such Borrowing, such Lender shall pay to the Administrative Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid to the Administrative Agent at rates equal to (i) the daily Federal Funds Rate during the period from the date of such date Borrowing through the third day Business Day thereafter and (ii) the rate applicable to Base Rate Loans thereafter. A certificate of the Administrative Agent submitted to any Lender with respect to any amount amounts owing by such Lender under this Section 2.09(bSUBPARAGRAPH 2.07(b) shall be conclusive absent manifest error with respect to such amounterror. If the amount of any Lender’s Loan to be made as part 's Proportionate Share of any Borrowing is not paid to the Administrative Agent by such Lender within three (3) Business Days after the date of such Borrowing, the Borrower shall repay such amount to the Administrative Agent, on demand, together with interest thereon, for each day from the date such amount was disbursed to the Borrower until the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to the Loans comprising such Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Adac Laboratories), Credit Agreement (Adac Laboratories)

Lender Failure to Fund. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any a Borrowing that such Lender will not make available to the Administrative Agent the amount of such Lender’s Loan to be made as part Proportionate Share of such Borrowing, the Administrative Agent shall be entitled to assume that such Lender has made or will make such amount available to the Administrative Agent on the date of such Borrowing in accordance with Section 2.09(aSubparagraph 2.10(a), and the Administrative Agent may on such date, in reliance upon such assumption, disburse or otherwise credit to the Borrower a corresponding amount. If any Lender does not make the amount of such Lender’s Loan to be made as part its applicable Proportionate Share of any a Borrowing available to the Administrative Agent on or prior to the date of such Borrowing, such Lender shall pay to the Administrative Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid to the Administrative Agent at rates equal to (i) the daily Federal Funds Rate during the period from such date through the third day thereafter and (ii) the rate applicable to Base Rate Loans thereafterRate. A certificate of the Administrative Agent submitted to any Lender with respect to any amount owing by such Lender under this Section 2.09(bSubparagraph 2.10(b) shall be conclusive absent manifest error with respect to constitute prima facie evidence of such amount. If the amount of any Lender’s Loan to be made as part applicable Proportionate Share of any Borrowing is not paid to the Administrative Agent by such Lender within three (3) Business Days after the date of such Borrowing, the Borrower shall repay such amount to the Administrative Agent, on demand, together with interest thereon, for each day from the date such amount was disbursed to the Borrower until the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to the Loans comprising such Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Flextronics International LTD), Credit Agreement (Flextronics International LTD)

Lender Failure to Fund. Unless the Administrative Agent shall have received Lender receives notice from a Lender prior to on or before the date of any Borrowing borrowing hereunder that such Lender will not make available to the Administrative Agent the amount of Lender such Lender’s Loan to be made as part of such BorrowingRatable Portion thereof, the Administrative Agent shall be entitled to Lender may assume that such Lender has made or will make such amount portion available to the Administrative Agent Lender on the date of such Borrowing borrowing in accordance with Section 2.09(a)3.8(a) hereof, and the Administrative Agent may on such dateLender may, in reliance upon such assumption, disburse make available to Borrowers (or otherwise credit to the Borrower disburse) on such date a corresponding amount. If any Lender does not make the amount of such Lender’s Loan to be made as part its Ratable Portion of any Borrowing borrowing available to the Administrative Agent Lender on or prior to the date of such Borrowingborrowing, such Lender shall pay to the Administrative AgentLender, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid made available to the Administrative Agent Lender at rates a rate equal to (i) the daily Federal Funds Rate during the period from such date through the third day thereafter and (ii) the rate applicable to Base Rate Loans thereafterRate. A certificate of the Administrative Agent Lender submitted to any Lender with respect to any amount amounts owing by such Lender under this Section 2.09(b) shall be conclusive absent manifest error with respect to presumptive evidence of such amountamounts. If the amount of any Lender’s Loan to be made as part Ratable Portion of any Borrowing borrowing is not paid in fact made available to the Administrative Agent Lender by such Lender within three Business Days after the date of such Borrowingborrowing, the Borrower Borrowers shall repay such amount pay to the Administrative AgentLender, on demand, an amount equal to such Ratable Portion together with interest thereon, for each day from the date such amount was disbursed made available to the Borrower Borrowers until the date such amount is repaid to the Administrative AgentLender, at the rate of interest rate then applicable at the time to the Loans comprising such Borrowingthereto.

Appears in 2 contracts

Samples: Credit Agreement (Monaco Coach Corp /De/), Credit Agreement (Monaco Coach Corp /De/)

Lender Failure to Fund. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing which includes Loans to be made by such Lender that such Lender will not make available to the Administrative Agent the amount of such Lender’s Loan to be made as part pro rata share of such Borrowing, the Administrative Agent shall be entitled to may assume that such Lender has made or will make such amount portion available to the Administrative Agent on the date of such Borrowing in accordance with Section Subparagraph 2.09(a), and the Administrative Agent may on such datemay, in reliance upon such assumption, disburse make available to Borrower (or otherwise credit to the Borrower disburse) on such date a corresponding amount. If any Lender does not make the amount of such Lender’s Loan its pro rata share of any Borrowing which includes Loans to be made as part of any Borrowing by such Lender available to the Administrative Agent on or prior to the date of such Borrowing, such Lender shall pay to the Administrative Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid made available to the Administrative Agent at rates equal to (i) the daily Federal Funds Rate during the period from the date of such date Borrowing through the third day Business Day thereafter and (ii) the rate applicable to Base Rate Loans thereafter. A certificate of the Administrative Agent submitted to any Lender with respect to any amount amounts owing by such Lender under this Section Subparagraph 2.09(b) shall be conclusive absent manifest error with respect to such amounterror. If the amount of any Lender’s Loan pro rata share of any Borrowing which includes Loans to be made as part of any Borrowing by such Lender is not paid in fact made available to the Administrative Agent by such Lender within three (3) Business Days after the date of such Borrowing, the Borrower shall repay such amount pay to the Administrative Agent, on demand, an amount equal to such pro rata share together with interest thereon, for each day from the date such amount was disbursed made available to the Borrower until the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to the Loans comprising such Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Par Petroleum Corp/Co), Credit Agreement (Par Petroleum Corp/Co)

Lender Failure to Fund. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing that such Lender will not make available to the Administrative Agent the amount of such Lender’s Loan to be made as part Revolving Proportionate Share of such Borrowing, the Administrative Agent shall be entitled to assume that such Lender has made or will make such amount portion available to the Administrative Agent on the date of such Borrowing in accordance with Section 2.09(a), and the Administrative Agent may on such date, in reliance upon such assumption, disburse or otherwise credit to the Borrower Borrowers a corresponding amount. If any Lender does not make the amount of such Lender’s Loan to be made as part Revolving Proportionate Share of any Borrowing available to the Administrative Agent on or prior to the date of such Borrowing, such Lender shall pay to the Administrative Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid to the Administrative Agent at per annum rates equal to (i) the daily Federal Funds Rate during the period from such date through the third day thereafter and (ii) the rate applicable to Base Rate Loans thereafterRate. A certificate of the Administrative Agent submitted to any Lender with respect to any amount owing by such Lender under this Section 2.09(b) shall be conclusive absent manifest error with respect to such amount. If the amount of any Lender’s Loan to be made as part Revolving Proportionate Share of any Borrowing is not paid to the Administrative Agent by such Lender within three (3) Business Days after the date of such Borrowing, the Borrower Borrowers shall repay such amount to the Administrative Agent, on demand, together with interest thereon, for each day from the date such amount was disbursed to the Borrower Borrowers until the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to the Loans comprising such Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Monarch Casino & Resort Inc)

Lender Failure to Fund. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Revolving Loan Borrowing that such Lender will not make available to the Administrative Agent the amount of such Lender’s Loan to be made as part Revolving Proportionate Share of such Borrowing, the Administrative Agent shall be entitled to assume that such Lender has made or will make such amount portion available to the Administrative Agent on the date of such Borrowing in accordance with Section 2.09(a), and the Administrative Agent may on such date, in reliance upon such assumption, disburse or otherwise credit to the Borrower Borrowers a corresponding amount. If any Lender does not make the amount of such Lender’s Loan to be made as part Revolving Proportionate Share of any Revolving Loan Borrowing available to the Administrative Agent on or prior to the date of such Borrowing, such Lender shall pay to the Administrative Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid to the Administrative Agent at per annum rates equal to (i) the daily Federal Funds Rate during the period from such date through the third day thereafter and (ii) the rate applicable to Base Rate Loans thereafterRate. A certificate of the Administrative Agent submitted to any Lender with respect to any amount owing by such Lender under this Section 2.09(b) shall be conclusive absent manifest error with respect to such amount. If the amount of any Lender’s Loan to be made as part Revolving Proportionate Share of any Revolving Loan Borrowing is not paid to the Administrative Agent by such Lender within three (3) Business Days after the date of such Borrowing, the Borrower Borrowers shall repay such amount to the Administrative Agent, on demand, together with interest thereon, for each day from the date such amount was disbursed to the Borrower Borrowers until the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to the Loans comprising such Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Monarch Casino & Resort Inc)

Lender Failure to Fund. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing that such Lender will not make available to the Administrative Agent the amount of such Lender’s Loan to be made as part of such Borrowing, the Administrative Agent shall be entitled to assume that such Lender has made or will make such amount available to the Administrative Agent on the date of such Borrowing in accordance with Section 2.09(a), and the Administrative Agent may on such date, in reliance upon such assumption, disburse or otherwise credit to the Borrower a corresponding amount. If any Lender does not make the amount of such Lender’s Loan to be made as part of any Borrowing available to the Administrative Agent on or prior to the date of such Borrowing, such Lender shall pay to the Administrative Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid to the Administrative Agent at rates equal to (i) the daily Federal Funds Rate during the period from the date of such date Borrowing through the third day Business Day thereafter and (ii) the rate applicable to Base Rate Loans thereafter. A certificate of the Administrative Agent submitted to any Lender with respect to any amount owing by such Lender under this Section 2.09(b) shall be conclusive absent manifest error with respect to such amount. If the amount of any Lender’s Loan to be made as part of any Borrowing is not paid to the Administrative Agent by such Lender within three Business Days after the date of such Borrowing, the Borrower shall repay such amount to the Administrative Agent, on demand, together with interest thereon, for each day from the date such amount was disbursed to the Borrower until the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to the Loans comprising such Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Chiquita Brands International Inc)

Lender Failure to Fund. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing that such Lender will not make available to the Administrative Agent the amount of such Lender’s Loan to be made as part Revolving Proportionate Share or Term Proportionate Share of such Borrowing, the Administrative Agent shall be entitled to assume that such Lender has made or will make such amount portion available to the Administrative Agent on the date of such Borrowing in accordance with Section 2.09(a), and the Administrative Agent may on such date, in reliance upon such assumption, disburse or otherwise credit to the Borrower Borrowers a corresponding amount. If any Lender does not make the amount of such Lender’s Loan to be made as part Revolving Proportionate Share or Term Proportionate Share of any Borrowing available to the Administrative Agent on or prior to the date of such Borrowing, such Lender shall pay to the Administrative Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid to the Administrative Agent at per annum rates equal to (i) the daily Federal Funds Rate during the period from such date through the third day thereafter and (ii) the rate applicable to Base Rate Loans thereafterRate. A certificate of the Administrative Agent submitted to any Lender with respect to any amount owing by such Lender under this Section 2.09(b) shall be conclusive absent manifest error with respect to such amount. If the amount of any Lender’s Loan to be made as part Revolving Proportionate Share or Term Proportionate Share of any Borrowing is not paid to the Administrative Agent by such Lender within three (3) Business Days after the date of such Borrowing, the Borrower Borrowers shall repay such amount to the Administrative Agent, on demand, together with interest thereon, for each day from the date such amount was disbursed to the Borrower Borrowers until the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to the Loans comprising such Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Monarch Casino & Resort Inc)

Lender Failure to Fund. Unless the Administrative Agent shall have received Lender receives notice ---------------------- from a Lender prior to on or before the date of any Borrowing borrowing hereunder that such Lender will not make available to the Administrative Agent the amount of Lender such Lender’s Loan to be made as part of such Borrowing's Ratable Portion thereof, the Administrative Agent shall be entitled to Lender may assume that such Lender has made or will make such amount portion available to the Administrative Agent Lender on the date of such Borrowing borrowing in accordance with Section 2.09(a)2.6(a) hereof, and the Administrative Agent may on such dateLender may, in reliance upon such assumption, disburse make available to Borrower (or otherwise credit to the Borrower disburse) on such date a corresponding amount. If any Lender does not make the amount of such Lender’s Loan to be made as part its Ratable Portion of any Borrowing borrowing available to the Administrative Agent Lender on or prior to the date of such Borrowingborrowing, such Lender shall pay to the Administrative AgentLender, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid made available to the Administrative Agent Lender at rates a rate equal to (i) the daily Federal Funds Rate during the period from such date through the third day thereafter and (ii) the rate applicable to Base Rate Loans thereafterRate. A certificate of the Administrative Agent Lender submitted to any Lender with respect to any amount amounts owing by such Lender under this Section 2.09(b) shall be conclusive absent manifest error with respect to presumptive evidence of such amountamounts. If the amount any Lender's Ratable Portion of any Lender’s Loan to be made as part of any Borrowing borrowing is not paid in fact made available to the Administrative Agent Lender by such Lender within three Business Days after the date of such Borrowingborrowing, the Borrower shall repay such amount pay to the Administrative AgentLender, on demand, an amount equal to such Ratable Portion together with interest thereon, for each day from the date such amount was disbursed made available to the Borrower until the date such amount is repaid to the Administrative AgentLender, at the rate of interest rate applicable at the time to the Loans comprising such Borrowingspecified in Section 2.3(a).

Appears in 1 contract

Samples: Credit Agreement (Planar Systems Inc)

Lender Failure to Fund. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing that such Lender will not make available to the Administrative Agent the amount of such Lender’s Loan to be made as part Proportionate Share of such Borrowing, the Administrative Agent shall be entitled to assume that such Lender has made or will make such amount portion available to the Administrative Agent on the date of such Borrowing in accordance with Section 2.09(a), and the Administrative Agent may on such date, in reliance upon such assumption, disburse or otherwise credit to the Borrower a corresponding amount. If any Lender does not make the amount of its such Lender’s Loan to be made as part Proportionate Share of any Borrowing available to the Administrative Agent on or prior to the date of such Borrowing, such Lender shall pay to the Administrative Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid to the Administrative Agent at rates equal to (i) the daily Federal Funds Rate during the period from the date of such date Borrowing through the third day Business Day thereafter and (ii) the rate applicable to Base Rate Loans thereafter. A certificate of the Administrative Agent submitted to any Lender with respect to any amount owing by such Lender under this Section 2.09(b) shall be conclusive absent manifest error with respect to such amount. If the amount of any Lender’s Loan to be made as part Proportionate Share of any Borrowing is not paid to the Administrative Agent by such Lender within three (3) Business Days after the date of such Borrowing, the Borrower shall repay such amount to the Administrative Agent, on demand, together with interest thereon, for each day from the date such amount was disbursed to the Borrower until the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to the Loans comprising such Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Coldwater Creek Inc)

Lender Failure to Fund. Unless the Administrative Agent shall have received receives notice from a Lender prior to on or before the date of any Borrowing borrowing hereunder that such Lender will not make available to the Administrative Agent the amount of such LenderXxxxxx’s Loan to be made as part of such BorrowingCommitment Percentage thereof, the Administrative Agent shall be entitled to may assume that such Lender Xxxxxx has made or will make such amount portion available to the Administrative Agent on the date of such Borrowing borrowing in accordance with Section 2.09(a2.6(a), and the Administrative Agent may on such datemay, in reliance upon such assumption, disburse make available to Borrower (or otherwise credit to the Borrower disburse) on such date a corresponding amount. If any Lender does not make the amount of such Lender’s Loan to be made as part its Commitment Percentage of any Borrowing borrowing available to the Administrative Agent on or prior to the date of such Borrowingborrowing, such Lender shall pay to the Administrative Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid made available to the Administrative Agent at rates a rate equal to (i) the daily Federal Funds Rate during the period from such date through the third day thereafter and (ii) the rate applicable to Base Rate Loans thereafterRate. A certificate of the Administrative Agent submitted to any Lender with respect to any amount amounts owing by such Lender under this Section 2.09(b) shall be conclusive absent manifest error with respect to presumptive evidence of such amountamounts. If the amount of any Lender’s Loan to be made as part Commitment Percentage of any Borrowing borrowing is not paid in fact made available to the Administrative Agent by such Lender within three Business Days after the date of such Borrowingborrowing, the Borrower shall repay such amount pay to the Administrative Agent, on demand, an amount equal to such Commitment Percentage together with interest thereon, for each day from the date such amount was disbursed made available to the Borrower until the date such amount is repaid to the Administrative Agent, at the rate of interest rate applicable at the time to the Loans comprising such Borrowingspecified in Section 2.3(a).

Appears in 1 contract

Samples: Credit Agreement (Columbia Sportswear Co)

Lender Failure to Fund. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing that such Lender will not make available to the Administrative Agent such Xxxxxx’s Revolving Proportionate Share or Term Proportionate Share, as the amount of such Lender’s Loan to be made as part case may be, of such Borrowing, the Administrative Agent shall be entitled to assume that such Lender has made or will make such amount portion available to the Administrative Agent on the date of such Borrowing in accordance with Section 2.09(a), and the Administrative Agent may on such date, in reliance upon such assumption, disburse or otherwise credit to the Borrower a corresponding amount. If any Lender does not make the amount of such LenderXxxxxx’s Loan to be made Revolving Proportionate Share or Term Proportionate Share, as part the case may be, of any Borrowing available to the Administrative Agent on or prior to the date of such Borrowing, such Lender shall pay to the Administrative Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid to the Administrative Agent at per annum rates equal to (i) the daily Federal Funds Rate during the period from such date through the third day thereafter and (ii) the rate applicable time to Base Rate Loans thereaftertime in effect. A certificate of the Administrative Agent submitted to any Lender with respect to any amount owing by such Lender under this Section 2.09(b) shall be conclusive absent manifest error with respect to such amount. If the amount of any Lender’s Loan to be made Revolving Proportionate Share or Term Proportionate Share, as part the case may be, of any Borrowing is not paid to the Administrative Agent by such Lender within three (3) Business Days after the date of such Borrowing, the Borrower shall repay such amount to the Administrative Agent, on demand, together with interest thereon, for each day from the date such amount was disbursed to the Borrower until the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to the Loans comprising such Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Arc Document Solutions, Inc.)

Lender Failure to Fund. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing that such Lender will not make available to the Administrative Agent the amount of such Lender’s Loan to be made as part Revolving Proportionate Share of such Borrowing, the Administrative Agent shall be entitled to assume that such Lender has made or will make such amount portion available to the Administrative Agent on the date of such Borrowing in accordance with Section 2.09(a), and the Administrative Agent may on such date, in reliance upon such assumption, disburse or otherwise credit to the Borrower a corresponding amount. If any Lender does not make the amount of such Lender’s Loan to be made as part Revolving Proportionate Share of any Borrowing available to the Administrative Agent on or prior to the date of such Borrowing, such Lender shall pay to the Administrative Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid to the Administrative Agent at per annum rates equal to (i) the daily Federal Funds Rate during the period from such date through the third day thereafter and (ii) the rate applicable to Base Rate Loans thereafterRate. A certificate of the Administrative Agent submitted to any Lender with respect to any amount owing by such Lender under this Section 2.09(b) shall be conclusive absent manifest error with respect to such amount. If the amount of any Lender’s Loan to be made as part Revolving Proportionate Share of any Borrowing is not paid to the Administrative Agent by such Lender within three (3) Business Days after the date of such Borrowing, the Borrower shall repay such amount to the Administrative Agent, on demand, together with interest thereon, for each day from the date such amount was disbursed to the Borrower until the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to the Loans comprising such Borrowing.

Appears in 1 contract

Samples: Credit Agreement (International Rectifier Corp /De/)

Lender Failure to Fund. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing that such Lender will not make available to the Administrative Agent the amount of such Lender’s Loan to be made Revolving Proportionate Share or Term Proportionate Share, as part the case may be, of such Borrowing, the Administrative Agent shall be entitled to assume that such Lender has made or will make such amount portion available to the Administrative Agent on the date of such Borrowing in accordance with Section 2.09(a), and the Administrative Agent may on such date, in reliance upon such assumption, disburse or otherwise credit to the Borrower Borrowers a corresponding amount. If any Lender does not make the amount of such Lender’s Loan to be made Revolving Proportionate Share or Term Proportionate Share, as part the case may be, of any Borrowing available to the Administrative Agent on or prior to the date of such Borrowing, such Lender shall pay to the Administrative Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid to the Administrative Agent at per annum rates equal to (i) the daily Federal Funds Rate during the period from such date through the third day thereafter and (ii) the rate applicable time to Base Rate Loans thereaftertime in effect. A certificate of the Administrative Agent submitted to any Lender with respect to any amount owing by such Lender under this Section 2.09(b) shall be conclusive absent manifest error with respect to such amount. If the amount of any Lender’s Loan to be made Revolving Proportionate Share or Term Proportionate Share, as part the case may be, of any Borrowing is not paid to the Administrative Agent by such Lender within three (3) Business Days after the date of such Borrowing, the Borrower Borrowers shall repay such amount to the Administrative Agent, on demand, together with interest thereon, for each day from the date such amount was disbursed to the Borrower Borrowers until the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to the Loans comprising such Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Smile Brands Group Inc.)

Lender Failure to Fund. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing that such Lender will not make available to the Administrative Agent the amount of such Lender’s Loan to be made as part 's Revolving Proportionate Share of such Borrowing, the Administrative Agent shall be entitled to assume that such Lender has made or will make such amount portion available to the Administrative Agent on the date of such Borrowing in accordance with Section 2.09(a), and the Administrative Agent may on such date, in reliance upon such assumption, disburse or otherwise credit to the Borrower a corresponding amount. If any Lender does not make the amount of such Lender’s Loan to be made as part 's Revolving Proportionate Share of any Borrowing available to the Administrative Agent on or prior to the date of such Borrowing, such Lender shall pay to the Administrative Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid to the Administrative Agent at per annum rates equal to (i) the daily Federal Funds Rate during for amounts in Dollars (or at the period from such date through the third day thereafter and (ii) the rate applicable to Base Rate Loans thereafterAdministrative Agent's cost of funds for amounts in any Committed Currency). A certificate of the Administrative Agent submitted to any Lender with respect to any amount owing by such Lender under this Section 2.09(b) shall be conclusive absent manifest error with respect to such amount. If the amount of any Lender’s Loan to be made as part 's Revolving Proportionate Share of any Borrowing is not paid to the Administrative Agent by such Lender within three (3) Business Days after the date of such Borrowing, the Borrower shall repay such amount to the Administrative Agent, on demand, together with interest thereon, for each day from the date such amount was disbursed to the Borrower until the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to the Loans comprising such Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Valueclick Inc/Ca)

Lender Failure to Fund. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing that such Lender will not make available to the Administrative Agent the amount of such Lender’s Revolving Proportionate Share, Term Loan to be made A Proportionate Share or Term Loan B Proportionate Share, as part the case may be, of such Borrowing, the Administrative Agent shall be entitled to assume that such Lender has made or will make such amount portion available to the Administrative Agent on the date of such Borrowing in accordance with Section 2.09(a2.10(a), and the Administrative Agent may on such date, in reliance upon such assumption, disburse or otherwise credit to the Borrower a corresponding amount. If any Lender does not make the amount of such Lender’s its Revolving Proportionate Share, Term Loan to be made A Proportionate Share or Term Loan B Proportionate Share, as part the case may be, of any Borrowing available to the Administrative Agent on or prior to the date of such Borrowing, such Lender shall pay to the Administrative Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid to the Administrative Agent at rates equal to (i) the daily Federal Funds Rate during the period from the date of such date Borrowing through the third day Business Day thereafter and (ii) the rate applicable to Base Rate Loans thereafter. A certificate of the Administrative Agent submitted to any Lender with respect to any amount owing by such Lender under this Section 2.09(b2.10(b) shall be conclusive absent manifest error with respect to such amounterror. If the amount of any Lender’s Revolving Proportionate Share, Term Loan to be made A Proportionate Share or Term Loan B Proportionate Share, as part the case may be, of any Borrowing is not paid to the Administrative Agent by such Lender within three (3) Business Days after the date of such Borrowing, the Borrower shall repay such amount to the Administrative Agent, on demand, together with interest thereon, for each day from the date such amount was disbursed to the Borrower until the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to the Loans comprising such Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Varsity Brands Inc)

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Lender Failure to Fund. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing that such Lender will not make available to the Administrative Agent the amount of such Lender’s Loan to be made Revolving Proportionate Share or Term Proportionate Share, as part the case may be, of such Borrowing, the Administrative Agent shall be entitled to assume that such Lender has made or will make such amount portion available to the Administrative Agent on the date of such Borrowing in accordance with Section 2.09(a), and the Administrative Agent may on such date, in reliance upon such assumption, disburse or otherwise credit to the Borrower a corresponding amount. If any Lender does not make the amount of such Lender’s Loan to be made Revolving Proportionate Share or Term Proportionate Share, as part the case may be, of any Borrowing available to the Administrative Agent on or prior to the date of such Borrowing, such Lender shall pay to the Administrative Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid to the Administrative Agent at per annum rates equal to (i) the daily Federal Funds Rate during the period from such date through the third day thereafter and (ii) the rate applicable time to Base Rate Loans thereaftertime in effect. A certificate of the Administrative Agent submitted to any Lender with respect to any amount owing by such Lender under this Section 2.09(b) shall be conclusive absent manifest error with respect to such amount. If the amount of any Lender’s Loan to be made Revolving Proportionate Share or Term Proportionate Share, as part the case may be, of any Borrowing is not paid to the Administrative Agent by such Lender within three (3) Business Days after the date of such Borrowing, the Borrower shall repay such amount to the Administrative Agent, on demand, together with interest thereon, for each day from the date such amount was disbursed to the Borrower until the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to the Loans comprising such Borrowing.. -71-

Appears in 1 contract

Samples: Credit Agreement (Arc Document Solutions, Inc.)

Lender Failure to Fund. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing that such Lender will not make available to the Administrative Agent the amount of such Lender’s Loan to be made as part Proportionate Share of such Borrowing, the Administrative Agent shall be entitled to assume that such Lender has made or will make such amount portion available to the Administrative Agent on the date of such Borrowing in accordance with Section 2.09(a), and the Administrative Agent may on such date, in reliance upon such assumption, disburse or otherwise credit to the Borrower a corresponding amount. If any Lender does not make the amount of such Lender’s Loan to be made as part Proportionate Share of any Borrowing available to the Administrative Agent on or prior to the date of such Borrowing, such Lender shall pay to the Administrative Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid to the Administrative Agent at rates equal to (i) the daily Federal Funds Rate during the period from such date through the third day thereafter and (ii) the rate applicable time to Base Rate Loans thereaftertime in effect. A certificate of the Administrative Agent submitted to any Lender with respect to any amount owing by such Lender under this Section 2.09(b) shall be conclusive absent manifest error with respect to such amount. If the amount of any Lender’s Loan to be made as part Proportionate Share of any Borrowing is not paid to the Administrative Agent by such Lender within three (3) Business Days after the date of such Borrowing, the Borrower shall repay such amount to the Administrative Agent, on demand, together with interest thereon, for each day from the date such amount was disbursed to the Borrower until the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to the Loans comprising such Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Netflix Inc)

Lender Failure to Fund. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing that such Lender will not make available to the Administrative Agent the amount of such Lender’s Loan to be made as part Revolving Proportionate Share of such Borrowing, the Administrative Agent shall be entitled to assume that such Lender has made or will make such amount portion available to the Administrative Agent on the date of such Borrowing in accordance with Section 2.09(a2.10(a), and the Administrative Agent may on such date, in reliance upon such assumption, disburse or otherwise credit to the Borrower a corresponding amount. If any Lender does not make the amount of such Lender’s Loan to be made as part Revolving Proportionate Share of any Borrowing available to the Administrative Agent on or prior to the date of such Borrowing, such Lender shall pay to the Administrative Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid to the Administrative Agent at rates equal to (i) the daily Federal Funds Rate during the period from the date of such date Borrowing through the third day Business Day thereafter and (ii) the rate applicable to Base Rate Loans thereafter. A certificate of the Administrative Agent submitted to any Lender with respect to any amount owing by such Lender under this Section 2.09(b2.10(b) shall be conclusive absent manifest error with respect to such amount. If the amount of any Lender’s Loan to be made as part Revolving Proportionate Share of any Borrowing is not paid to the Administrative Agent by such Lender within three Business Days after the date of such Borrowing, the Borrower shall repay such amount to the Administrative Agent, on demand, together with interest thereon, for each day from the date such amount was disbursed to the Borrower until the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to the Loans comprising such Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Chiquita Brands International Inc)

Lender Failure to Fund. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing that such Lender will not make available to the Administrative Agent the amount of such Lender’s Loan to be made Revolving Proportionate Share or Term Proportionate Share, as part the case may be, of such Borrowing, the Administrative Agent shall be entitled to assume that such Lender has made or will make such amount portion available to the Administrative Agent on the date of such Borrowing in accordance with Section 2.09(a), and the Administrative Agent may on such date, in reliance upon such assumption, disburse or otherwise credit to the Borrower a corresponding amount. If any Lender does not make the amount of such Lender’s Loan to be made Revolving Proportionate Share or Term Proportionate Share, as part the case may be, of any Borrowing available to the Administrative Agent on or prior to the date of such Borrowing, such Lender shall pay to the Administrative Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid to the Administrative Agent at per annum rates equal to (i) the daily Federal Funds Rate during the period from such date through the third day thereafter and (ii) the rate applicable time to Base Rate Loans thereaftertime in effect. A certificate of the Administrative Agent submitted to any Lender with respect to any amount owing by such Lender under this Section 2.09(b) shall be conclusive absent manifest error with respect to such amount. If the amount of any Lender’s Loan to be made Revolving Proportionate Share or Term Proportionate Share, as part the case may be, of any Borrowing is not paid to the Administrative Agent by such Lender within three Business Days after the date of such Borrowing, the Borrower shall repay such amount to the Administrative Agent, on demand, together with interest thereon, for each day from the date such amount was disbursed to the Borrower until the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to the Loans comprising such Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Del Taco Restaurants, Inc.)

Lender Failure to Fund. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing that such Lender will not make available to the Administrative Agent the amount of such Lender’s Loan to be made as part 's Proportionate Share of such Borrowing, the Administrative Agent shall be entitled to assume that such Lender has made or will make such amount portion available to the Administrative Agent on the date of such Borrowing in accordance with Section 2.09(aSubparagraph 2.12(a), and the Administrative Agent may on such date, in reliance upon such assumption, disburse or otherwise credit to the Borrower a corresponding amount. If any Lender does not make the amount of such Lender’s Loan to be made as part its Proportionate Share of any Borrowing available to the Administrative Agent on or prior to the date of such Borrowing, such Lender shall pay to the Administrative Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid to the Administrative Agent at rates equal to (i) the daily Federal Funds Rate during the period from the date of such date Borrowing through the third day Business Day thereafter and (ii) the rate applicable to Base Rate Loans thereafter. A certificate of the Administrative Agent submitted to any Lender with respect to any amount amounts owing by such Lender under this Section 2.09(bSubparagraph 2.12(b) shall be conclusive absent manifest error with respect to such amounterror. If the amount of any Lender’s Loan to be made as part 's Proportionate Share of any Borrowing is not paid to the Administrative Agent by such Lender within three (3) Business Days after the date of such Borrowing, the Borrower shall repay such amount to the Administrative Agent, on demand, together with interest thereon, for each day from the date such amount was disbursed to the Borrower until the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to the Loans comprising such Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Novellus Systems Inc)

Lender Failure to Fund. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing that such Lender will not make available to the Administrative Agent the amount of such Lender’s Loan to be made as part Revolving Proportionate Share of such Borrowing, the Administrative Agent shall be entitled to assume that such Lender has made or will make such amount portion available to the Administrative Agent on the date of such Borrowing in accordance with Section 2.09(a), and the Administrative Agent may on such date, in reliance upon such assumption, disburse or otherwise credit to the Borrower a corresponding amount. If any Lender does not make the amount of such Lender’s Loan to be made as part Revolving Proportionate Share of any Borrowing available to the Administrative Agent on or prior to the date of such Borrowing, such Lender shall pay to the Administrative Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid to the Administrative Agent at per annum rates equal to (i) the daily Federal Funds Rate during the period from such date through the third day thereafter and (ii) the rate applicable to Base Rate Loans thereafterRate. A certificate of the Administrative Agent submitted to any Lender with respect to any amount owing by such Lender under this Section 2.09(b) shall be conclusive absent manifest error with respect to such amount. If the amount of any Lender’s Loan to be made as part Revolving Proportionate Share of any Borrowing is not paid to the Administrative Agent by such Lender within three five (5) Business Days after the date of such Borrowing, the Borrower shall repay such amount to the Administrative Agent, on demand, together with interest thereon, for each day from the date such amount was disbursed to the Borrower until the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to the Loans comprising such Borrowing.

Appears in 1 contract

Samples: Credit Agreement (IPC the Hospitalist Company, Inc.)

Lender Failure to Fund. Unless the Administrative Agent shall have received receives notice from a Lender prior to on or before the date of any Borrowing borrowing hereunder that such Lender will not make available to the Administrative Agent the amount of such Lender’s Loan to be made as part of such BorrowingCommitment Percentage thereof, the Administrative Agent shall be entitled to may assume that such Lender has made or will make such amount portion available to the Administrative Agent on the date of such Borrowing borrowing in accordance with Section 2.09(a2.6(a), and the Administrative Agent may on such datemay, in reliance upon such assumption, disburse make available to Borrower (or otherwise credit to the Borrower disburse) on such date a corresponding amount. If any Lender does not make the amount of such Lender’s Loan to be made as part its Commitment Percentage of any Borrowing borrowing available to the Administrative Agent on or prior to the date of such Borrowingborrowing, such Lender shall pay to the Administrative Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid made available to the Administrative Agent at rates a rate equal to (i) the daily Federal Funds Rate during the period from such date through the third day thereafter and (ii) the rate applicable to Base Rate Loans thereafterRate. A certificate of the Administrative Agent submitted to any Lender with respect to any amount amounts owing by such Lender under this Section 2.09(b) shall be conclusive absent manifest error with respect to presumptive evidence of such amountamounts. If the amount of any Lender’s Loan to be made as part Commitment Percentage of any Borrowing borrowing is not paid in fact made available to the Administrative Agent by such Lender within three Business Days after the date of such Borrowingborrowing, the Borrower shall repay such amount pay to the Administrative Agent, on demand, an amount equal to such Commitment Percentage together with interest thereon, for each day from the date such amount was disbursed made available to the Borrower until the date such amount is repaid to the Administrative Agent, at the rate of interest rate applicable at the time to the Loans comprising such Borrowingspecified in Section 2.3(a).

Appears in 1 contract

Samples: Credit Agreement (Columbia Sportswear Co)

Lender Failure to Fund. Unless the Administrative Agent shall have received receives notice from a Lender prior to on or before the date of any Borrowing borrowing hereunder that such Lender will not make available to the Administrative Agent the amount of such Lender’s Loan to be made as part of such BorrowingCommitment Percentage thereof, the Administrative Agent shall be entitled to may assume that such Lender has made or will make such amount portion available to the Administrative Agent on the date of such Borrowing borrowing in accordance with Section 2.09(a2.6(a), and the Administrative Agent may on such datemay, in reliance upon such assumption, disburse make available to Borrower (or otherwise credit to the Borrower disburse) on such date a corresponding amount. If any Lender does not make the amount of such Lender’s Loan to be made as part its Commitment Percentage of any Borrowing borrowing available to the Administrative Agent on or prior to the date of such Borrowingborrowing, such Lender shall pay to the Administrative Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid made available to the Administrative Agent at rates a rate equal to (i) the daily Federal Funds Rate during the period from such date through the third day thereafter and (ii) the rate applicable to Base Rate Loans thereafterRate. A certificate of the Administrative Agent submitted to any Lender with respect to any amount amounts owing by such Lender under this Section 2.09(b) shall be conclusive absent manifest error with respect to presumptive evidence of such amountamounts. If the amount of any Lender’s Loan to be made as part Commitment Percentage of any Borrowing borrowing is not paid in fact made available to the Administrative Agent by such Lender within three Business Days after the date of such Borrowingborrowing, the Borrower shall repay such amount pay to the Administrative Agent, on demand, an amount equal to such Commitment Percentage together with interest thereon, for each day from the date such amount was disbursed made available to the Borrower until the date such amount is repaid to the Administrative Agent, at the rate of interest rate applicable at the time to the Loans comprising such Borrowingspecified in Section 2.3.

Appears in 1 contract

Samples: Credit Agreement (Columbia Sportswear Co)

Lender Failure to Fund. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing that such Lender will not make available to the Administrative Agent the amount of such Lender’s Loan to be made as part Revolving Proportionate Share of such Borrowing, the Administrative Agent shall be entitled to assume that such Lender has made or will make such amount portion available to the Administrative Agent on the date of such Borrowing in accordance with Section 2.09(a), and the Administrative Agent may on such date, in reliance upon such assumption, disburse or otherwise credit to the Borrower a corresponding amount. If any Lender does not make the amount of such Lender’s Loan to be made as part Revolving Proportionate Share of any Borrowing available to the Administrative Agent on or prior to the date of such Borrowing, such Lender shall pay to the Administrative Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid to the Administrative Agent at rates equal to (i) the daily Federal Funds Rate during for amounts in Dollars (or at the period from such date through the third day thereafter and (ii) the rate applicable to Base Rate Loans thereafterAdministrative Agent’s cost of funds for amounts in any Committed Currency). A certificate of the Administrative Agent submitted to any Lender with respect to any amount owing by such Lender under this Section 2.09(b) shall be conclusive absent manifest error with respect to such amount. If the amount of any Lender’s Loan to be made as part Revolving Proportionate Share of any Borrowing is not paid to the Administrative Agent by such Lender within three (3) Business Days after the date of such Borrowing, the Borrower shall repay such amount to the Administrative Agent, on demand, together with interest thereon, for each day from the date such amount was disbursed to the Borrower until the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to the Loans comprising such Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Shuffle Master Inc)

Lender Failure to Fund. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing that such Lender will not make available to the Administrative Agent the amount of such Lender’s Loan to be made 's Revolving Proportionate Share or Term Proportionate Share, as part the case may be, of such Borrowing, the Administrative Agent shall be entitled to assume that such Lender has made or will make such amount portion available to the Administrative Agent on the date of such Borrowing in accordance with Section 2.09(aSECTION 2.10(a), and the Administrative Agent may on such date, in reliance upon such assumption, disburse or otherwise credit to the Borrower Borrowers a corresponding amount. If any Lender does not make the amount of its such Lender’s Loan to be made 's Revolving Proportionate Share or Term Proportionate Share, as part the case may be, of any Borrowing available to the Administrative Agent on or prior to the date of such Borrowing, such Lender shall pay to the Administrative Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid to the Administrative Agent at rates equal to (i) the daily Federal Funds Rate during the period from the date of such date Borrowing through the third day Business Day thereafter and (ii) the rate applicable to Base Rate Loans thereafter. A certificate of the Administrative Agent submitted to any Lender with respect to any amount owing by such Lender under this Section 2.09(bSECTION 2.10(b) shall be conclusive absent manifest error with respect to constitute PRIMA FACIE evidence of such amount. If the amount of any Lender’s Loan to be made 's Revolving Proportionate Share or Term Proportionate Share, as part the case may be, of any Borrowing is not paid to the Administrative Agent by such Lender within three (3) Business Days after the date of such Borrowing, the Borrower Borrowers shall repay such amount to the Administrative Agent, on demand, together with interest thereon, for each day from the date such amount was disbursed to the Borrower Borrowers until the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to the Loans comprising such Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Argosy Gaming Co)

Lender Failure to Fund. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing that such Lender will not make available to the Administrative Agent the amount of such Lender’s Loan to be made as part applicable Proportionate Share of such Borrowing, the Administrative Agent shall be entitled to assume that such Lender has made or will make such amount portion available to the Administrative Agent on the date of such Borrowing in accordance with Section 2.09(aSubparagraph 2.11(a), and the Administrative Agent may on such date, in reliance upon such assumption, disburse or otherwise credit to the Borrower a corresponding amount. If any Lender does not make the amount of such Lender’s Loan to be made as part its applicable Proportionate Share of any Borrowing available to the Administrative Agent on or prior to the date of such Borrowing, such Lender shall pay to the Administrative Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid to the Administrative Agent at rates equal to (i) the daily Federal Funds Rate during the period from the date of such date Borrowing through the third day Business Day thereafter and (ii) the rate applicable to Base Rate Loans thereafter. A certificate of the Administrative Agent submitted to any Lender with respect to any amount owing by such Lender under this Section 2.09(bSubparagraph 2.11(b) shall be conclusive absent manifest error with respect to constitute prima facie evidence of such amount. If the amount of any Lender’s Loan to be made as part applicable Proportionate Share of any Borrowing is not paid to the Administrative Agent by such Lender within three (3) Business Days after the date of such Borrowing, the Borrower shall repay such amount to the Administrative Agent, on demand, together with interest thereon, for each day from the date such amount was disbursed to the Borrower until the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to the Loans comprising such Borrowing.. (c)

Appears in 1 contract

Samples: Credit Agreement (Adobe Systems Inc)

Lender Failure to Fund. Unless the Administrative Agent shall have received receives notice from a Lender prior to on or before the date of any Borrowing borrowing hereunder that such Lender will not make available to the Administrative Agent the amount of such Lender’s Loan to be made as part of such BorrowingCommitment Percentage thereof, the Administrative Agent shall be entitled to may assume that such Lender has made or will make such amount portion available to the Administrative Agent on the date of such Borrowing borrowing in accordance with Section 2.09(a2.6(a), and the Administrative Agent may on such datemay, in reliance upon such assumption, disburse make available to Borrower (or otherwise credit to the Borrower disburse) on such date a corresponding amount. If any Lender does not make the amount of such Lender’s Loan to be made as part its Commitment Percentage of any Borrowing borrowing available to the Administrative Agent on or prior to the date of such Borrowingborrowing, such Lender shall pay to the Administrative Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid made available to the Administrative Agent at rates a rate equal to (i) the daily Federal Funds Rate during the period from such date through the third day thereafter and (ii) the rate applicable to Base Rate Loans thereafterOvernight Bank Funding Rate. A certificate of the Administrative Agent submitted to any Lender with respect to any amount amounts owing by such Lender under this Section 2.09(b) shall be conclusive absent manifest error with respect to presumptive evidence of such amountamounts. If the amount of any Lender’s Loan to be made as part Commitment Percentage of any Borrowing borrowing is not paid in fact made available to the Administrative Agent by such Lender within three Business Days after the date of such Borrowingborrowing, the Borrower shall repay such amount pay to the Administrative Agent, on demand, an amount equal to such Commitment Percentage together with interest thereon, for each day from the date such amount was disbursed made available to the Borrower until the date such amount is repaid to the Administrative Agent, at the rate of interest rate applicable at the time to the Loans comprising such Borrowingspecified in Section 2.3.

Appears in 1 contract

Samples: Credit Agreement (Columbia Sportswear Co)

Lender Failure to Fund. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing that such Lender will not make available to the Administrative Agent the amount of such Lender’s Loan to be made as part Revolving Proportionate Share of such Borrowing, the Administrative Agent shall be entitled to assume that such Lender has made or will make such amount portion available to the Administrative Agent on the date of such Borrowing in accordance with Section 2.09(a), and the Administrative Agent may on such date, in reliance upon such assumption, disburse or otherwise credit to the Borrower a corresponding amount. If any Lender does not make the amount of such Lender’s Loan to be made as part Revolving Proportionate Share of any Borrowing available to the Administrative Agent on or prior to the date of such Borrowing, such Lender shall pay to the Administrative Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid to the Administrative Agent at rates equal to (i) the daily Federal Funds Rate during the period from such date through the third day thereafter and (ii) the rate applicable to Base Rate Loans thereafterRate. A certificate of the Administrative Agent submitted to any Lender with respect to any amount owing by such Lender under this Section 2.09(b) shall be conclusive absent manifest error with respect to such amount. If the amount of any Lender’s Loan to be made as part Revolving Proportionate Share of any Borrowing is not paid to the Administrative Agent by such Lender within three (3) Business Days after the date of such Borrowing, the Borrower shall repay such amount to the Administrative Agent, on demand, together with interest thereon, for each day from the date such amount was disbursed to the Borrower until the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to the Loans comprising such Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Valueclick Inc/Ca)

Lender Failure to Fund. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing that such Lender will not make available to the Administrative Agent the amount of such Lender’s Loan to be made 's Revolving Proportionate Share or Term Proportionate Share, as part the case may be, of such Borrowing, the Administrative Agent shall be entitled to assume that such Lender has made or will make such amount portion available to the Administrative Agent on the date of such Borrowing in accordance with Section 2.09(a), and the Administrative Agent may on such date, in reliance upon such assumption, disburse or otherwise credit to the Borrower a corresponding amount. If any Lender does not make the amount of such Lender’s Loan to be made 's Revolving Proportionate Share or Term Proportionate Share, as part the case may be, of any Borrowing available to the Administrative Agent on or prior to the date of such Borrowing, such Lender shall pay to the Administrative Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid to the Administrative Agent at rates equal to (i) the daily Federal Funds Rate during for amounts in Dollars (or at the period from such date through the third day thereafter and (ii) the rate applicable to Base Rate Loans thereafterAdministrative Agent's cost of funds for amounts in any Committed Currency). A certificate of the Administrative Agent submitted to any Lender with respect to any amount owing by such Lender under this Section 2.09(b) shall be conclusive absent manifest error with respect to such amount. If the amount of any Lender’s Loan to be made 's Revolving Proportionate Share or Term Proportionate Share, as part the case may be, of any Borrowing is not paid to the Administrative Agent by such Lender within three (3) Business Days after the date of such Borrowing, the Borrower shall repay such amount to the Administrative Agent, on demand, together with interest thereon, for each day from the date such amount was disbursed to the Borrower until the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to the Loans comprising such Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Valueclick Inc/Ca)

Lender Failure to Fund. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing that such Lender will not make available to the Administrative Agent the amount of such Lender’s Loan to be made Revolving Proportionate Share or Term Proportionate Share, as part the case may be, of such Borrowing, the Administrative Agent shall be entitled to assume that such Lender has made or will make such amount portion available to the Administrative Agent on the date of such Borrowing in accordance with Section 2.09(a2.10(a), and the Administrative Agent may on such date, in reliance upon such assumption, disburse or otherwise credit to the Borrower Borrowers a corresponding amount. If any Lender does not make the amount of its such Lender’s Loan to be made Revolving Proportionate Share or Term Proportionate Share, as part the case may be, of any Borrowing available to the Administrative Agent on or prior to the date of such Borrowing, such Lender shall pay to the Administrative Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid to the Administrative Agent at rates equal to (i) the daily Federal Funds Rate during the period from the date of such date Borrowing through the third day Business Day thereafter and (ii) the rate applicable to Base Rate Loans thereafter. A certificate of the Administrative Agent submitted to any Lender with respect to any amount owing by such Lender under this Section 2.09(b2.10(b) shall be conclusive absent manifest error with respect to constitute prima facie evidence of such amount. If the amount of any Lender’s Loan to be made Revolving Proportionate Share or Term Proportionate Share, as part the case may be, of any Borrowing is not paid to the Administrative Agent by such Lender within three (3) Business Days after the date of such Borrowing, the Borrower Borrowers shall repay such amount to the Administrative Agent, on demand, together with interest thereon, for each day from the date such amount was disbursed to the Borrower Borrowers until the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to the Loans comprising such Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Argosy Gaming Co)

Lender Failure to Fund. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any a Borrowing that such Lender will not make available to the Administrative Agent the amount of such Lender’s Loan to be made as part 's Proportionate Share of such Borrowing, the Administrative Agent shall be entitled to assume that such Lender has made or will make such amount available to the Administrative Agent on the date of such Borrowing in accordance with Section 2.09(aSubparagraph 2.10(a), and the Administrative Agent may on such date, in reliance upon such assumption, disburse or otherwise credit to the Borrower a corresponding amount. If any Lender does not make the amount of such Lender’s Loan to be made as part its applicable Proportionate Share of any a Borrowing available to the Administrative Agent on or prior to the date of such Borrowing, such Lender shall pay to the Administrative Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid to the Administrative Agent at rates equal to (i) the daily Federal Funds Rate during the period from such date through the third day thereafter and (ii) the rate applicable to Base Rate Loans thereafterRate. A certificate of the Administrative Agent submitted to any Lender with respect to any amount owing by such Lender under this Section 2.09(bSubparagraph 2.10(b) shall be conclusive absent manifest error with respect to constitute prima facie evidence of such amount. If the amount of any Lender’s Loan to be made as part 's applicable Proportionate Share of any Borrowing is not paid to the Administrative Agent by such Lender within three (3) Business Days after the date of such Borrowing, the Borrower shall repay such amount to the Administrative Agent, on demand, together with interest thereon, for each day from the date such amount was disbursed to the Borrower until the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to the Loans comprising such Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Flextronics International LTD)

Lender Failure to Fund. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing that such Lender will not make available to the Administrative Agent the amount of such LenderXxxxxx’s Loan to be made as part Revolving Proportionate Share of such Borrowing, the Administrative Agent shall be entitled to assume that such Lender has made or will make such amount portion available to the Administrative Agent on the date of such Borrowing in accordance with Section 2.09(a), and the Administrative Agent ​ 4147-6459-6034 ​ may on such date, in reliance upon such assumption, disburse or otherwise credit to the Borrower Borrowers a corresponding amount. If any Lender does not make the amount of such LenderXxxxxx’s Loan to be made as part Revolving Proportionate Share of any Borrowing available to the Administrative Agent on or prior to the date of such Borrowing, such Lender shall pay to the Administrative Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid to the Administrative Agent at per annum rates equal to (i) the daily Federal Funds Rate during the period from such date through the third day thereafter and (ii) the rate applicable to Base Rate Loans thereafterRate. A certificate of the Administrative Agent submitted to any Lender with respect to any amount owing by such Lender under this Section 2.09(b) shall be conclusive absent manifest error with respect to such amount. If the amount of any Lender’s Loan to be made as part Revolving Proportionate Share of any Borrowing is not paid to the Administrative Agent by such Lender within three (3) Business Days after the date of such Borrowing, the Borrower Borrowers shall repay such amount to the Administrative Agent, on demand, together with interest thereon, for each day from the date such amount was disbursed to the Borrower Borrowers until the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to the Loans comprising such Borrowing.. ​

Appears in 1 contract

Samples: Credit Agreement (Monarch Casino & Resort Inc)

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