Common use of Lender Failure to Fund Clause in Contracts

Lender Failure to Fund. Unless Agent shall have received notice from a Lender prior to the date of a Borrowing that such Lender will not make available to Agent such Lender's Proportionate Share of such Borrowing, Agent shall be entitled to assume that such Lender has made or will make such amount available to Agent on the date of such Borrowing in accordance with Subparagraph 2.08(a), and Agent may on such date, in reliance upon such assumption, disburse or otherwise credit to Borrower a corresponding amount. If any Lender does not make the amount of its Proportionate Share of a Borrowing available to Agent on or prior to the date of such Borrowing, such Lender shall pay to Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid to Agent at rates equal to the Federal Funds Rate for the first three (3) days and the Base Rate thereafter. A certificate of Agent submitted to any Lender with respect to any amount owing by such Lender under this Subparagraph 2.08(b) shall constitute prima facie evidence of such amount. If the amount of any Lender's Proportionate Share of any Borrowing is not paid to Agent by such Lender within three (3) Business Days after the date of such Borrowing, Borrower shall repay such amount to Agent, on demand, together with interest thereon, for each day from the date such amount was disbursed to Borrower until the date such amount is repaid to Agent, at the interest rate applicable at the time to the Loans comprising such Borrowing.

Lender Failure to Fund. Unless Agent shall have received notice from a Lender prior to the date of a any Borrowing that such Lender will not make available to Agent such Lender's Proportionate Share of such Borrowing, Agent shall be entitled to may assume that such Lender has made or will make such amount portion available to Agent on the date of such Borrowing in accordance with Subparagraph SUBPARAGRAPH 2.08(a), and Agent may on such datemay, in reliance upon such assumption, disburse make available to Borrower (or otherwise credit to Borrower disburse) on such date a corresponding amount. If any Lender does not make the amount of its Proportionate Share of a any Borrowing available to Agent on or prior to the date of such Borrowing, such Lender shall pay to Agent, on demand, interest which shall accrue on such amount until made available to Agent at rates equal to (i) the daily Federal Funds Rate during the period from the date of such Borrowing until such amount is paid through the third Business Day thereafter and (ii) the rate applicable to Agent at rates equal to the Federal Funds Rate for the first three (3) days and the Base Rate Loans thereafter. A certificate of Agent submitted to any Lender with respect to any amount amounts owing by such Lender under this Subparagraph 2.08(bSUBPARAGRAPH 2.08(B) shall constitute prima facie evidence of such amountbe conclusive absent manifest error. If the amount of any Lender's Proportionate Share of any Borrowing is not paid in fact made available to Agent by such Lender within three (3) Business Days after the date of such Borrowing, Borrower shall repay such amount pay to 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 Borrower until the date such amount is repaid to Agent, at the interest rate applicable at the time to the Loans comprising such Borrowing.

Lender Failure to Fund. Unless Agent shall have received notice from a Lender prior to the date of a Borrowing that such Lender will not make available to Agent such Lender's applicable Proportionate Share of such Borrowing, Agent shall be entitled to assume that such Lender has made or will make such amount available to Agent on the date of such Borrowing in accordance with Subparagraph 2.08(a), and Agent may on such date, in reliance upon such assumption, disburse or otherwise credit to Borrower a corresponding amount. If any Lender does not make the amount of its applicable Proportionate Share of a Borrowing available to Agent on or prior to the date of such Borrowing, such Lender shall pay to Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid to Agent at rates equal to the Federal Funds Rate for the first three (3) days and the Base Rate thereafter. A certificate of Agent submitted to any Lender with respect to any amount owing by such Lender under this Subparagraph 2.08(b) shall constitute prima facie evidence of such amount. If the amount of any Lender's applicable Proportionate Share of any Borrowing is not paid to Agent by such Lender within three (3) Business Days after the date of such Borrowing, Borrower shall repay such amount to Agent, on demand, together with interest thereon, for each day from the date such amount was disbursed to Borrower until the date such amount is repaid to Agent, at the interest rate applicable at the time to the Loans comprising such Borrowing.

Lender Failure to Fund. Unless Agent shall have received notice from a ---------------------- Lender on or prior to the date of a Borrowing any borrowing under any Credit that such Lender will not make available to Agent such Lender's Proportionate Share of such Borrowingthereof, Agent shall be entitled to may assume that such Lender has made or will make such amount portion available to Agent on the date of such Borrowing borrowing in accordance with Subparagraph 2.08(a)Section 2.7(a) hereof, -------------- and Agent may on such datemay, in reliance upon such assumption, disburse make available to Borrower (or otherwise credit to Borrower disburse) on such date a corresponding amount. If any Lender does not make the amount of its Proportionate Share of a Borrowing any borrowing available to Agent on or prior to the date of such Borrowingborrowing, such Lender shall pay to Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid made available to Agent at rates equal to (i) the daily Federal Funds Rate for during the first three period from the date of such borrowing through the third Business Day thereafter, and (3ii) days and thereafter, the Base Prime Rate thereafterin effect from time to time. A certificate of Agent submitted to any Lender with respect to any amount amounts owing by such Lender under this Subparagraph 2.08(bSection ------- 2.7(b) shall constitute prima facie be presumptive evidence of such amountamounts. If the amount of any Lender's ------ Proportionate Share of any Borrowing borrowing is not paid in fact made available to Agent by such Lender within three (3) Business Days after the date of such Borrowingborrowing, Borrower shall repay such amount pay to 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 Borrower until the date such amount is repaid to Agent, at the rate of interest rate then applicable at the time to the Loans comprising such Borrowingthereto.

Lender Failure to Fund. Unless Agent shall have received notice from a Lender prior to the date of a Borrowing that such Lender will not make available to Agent such Lender's Proportionate Share of such Borrowing, Agent shall be entitled to assume that such Lender has made or will make such amount available to Agent on the date of such Borrowing in accordance with Subparagraph 2.08(a2.10(a), and 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 applicable Proportionate Share of a Borrowing available to Agent on or prior to the date of such Borrowing, such Lender shall pay to Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid to Agent at rates equal to (i) the Federal Funds Rate for any amount in Dollars or (ii) the first three Overnight Rate plus one percent (31%) days and the Base Rate thereafterfor any amount in an Alternative Currency. A certificate of Agent submitted to any Lender with respect to any amount owing by such Lender under this Subparagraph 2.08(b2.10(b) shall constitute prima facie evidence of such amount. If the amount of any Lender's applicable Proportionate Share of any Borrowing is not paid to Agent by such Lender within three (3) Business Days after the date of such Borrowing, the applicable Borrower shall repay such amount to Agent, on demand, together with interest thereon, for each day from the date such amount was disbursed to such Borrower until the date such amount is repaid to Agent, at the interest rate applicable at the time to the Loans comprising such Borrowing.

Lender Failure to Fund. Unless Agent shall have received notice from a Lender on or prior to the date of any borrowing (including any draw under a Borrowing Letter of Credit) that such Lender will not make available to Agent such Lender's Proportionate Share of such Borrowingthereof, Agent shall be entitled to may assume that such Lender has made or will make such amount portion available to Agent on the date of such Borrowing borrowing in accordance with Subparagraph 2.08(aSection 2.8(a), and Agent may on such datemay, in reliance upon such assumption, disburse make available to Borrower (or otherwise credit to Borrower disburse) on such date a corresponding amount. If any Lender does not make the amount of its Proportionate Share of a Borrowing any borrowing available to Agent on or prior to the date of such Borrowingborrowing, such Lender shall pay to Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid made available to Agent at rates equal to (i) the daily Federal Funds Rate for during the first three period from the date of such borrowing through the third Business Day thereafter, and (3ii) days and thereafter, the Base Prime Rate thereafterin effect from time to time. A certificate notice of Agent submitted to any Lender with respect to any amount amounts owing by such Lender under this Subparagraph 2.08(bSection 2.8(b) shall constitute prima facie be presumptive evidence of such amountamounts. If the amount of any Lender's Proportionate Share of any Borrowing borrowing is not paid in fact made available to Agent by such Lender within three (3) Business Days after the date of such Borrowingborrowing, Borrower shall repay such amount pay to 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 Borrower until the date such amount is repaid to Agent, at the rate of interest rate then applicable at the time to the Loans comprising such Borrowingthereto.

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

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

Lender Failure to Fund. Unless Agent shall have received notice from a Lender prior to the date of a Borrowing that such Lender will not make available to Agent such Lender's Proportionate Share of such Borrowing, Agent shall be entitled to assume that such Lender has made or will make such amount available to Agent on the date of such Borrowing in accordance with Subparagraph 2.08(a), and 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 a Borrowing available to Agent on or prior to the date of such Borrowing, such Lender shall pay to Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid to Agent at rates equal to (i) the Federal Funds Rate for the first three (3) days and the Base Rate thereafterthereafter for any amount in Dollars or (ii) the Overnight Rate plus one percent (1%) for any amount in an Alternative Currency. A certificate of Agent submitted to any Lender with respect to any amount owing by such Lender under this Subparagraph 2.08(b) shall constitute prima facie evidence of such amount. If the amount of any Lender's Proportionate Share of any Borrowing is not paid to Agent by such Lender within three (3) Business Days after the date of such Borrowing, the applicable Borrower shall repay such amount to Agent, on demand, together with interest thereon, for each day from the date such amount was disbursed to such Borrower until the date such amount is repaid to Agent, at the interest rate applicable at the time to the Loans comprising such Borrowing.

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

Lender Failure to Fund. Unless Agent shall have received ---------------------- notice from a Lender prior to the date of a any Borrowing that such Lender will not make available to Agent such Lender's Proportionate Share of such Borrowing, Agent shall be entitled to assume that such Lender has made or will make such amount portion available to Agent on the date of such Borrowing in accordance with Subparagraph 2.08(a2.12(a), and Agent may on such date, in -------------------- reliance upon such assumption, disburse or otherwise credit to Borrower a corresponding amount. If any Lender does not make the amount of its Proportionate Share of a any Borrowing available to Agent on or prior to the date of such Borrowing, such Lender shall pay to Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid to Agent at rates equal to (i) the daily Federal Funds Rate for during the first three period from the date of such Borrowing through the third Business Day thereafter and (3ii) days and the rate applicable to Base Rate Loans thereafter. A certificate of Agent submitted to any Lender with respect to any amount amounts owing by such Lender under this Subparagraph 2.08(b2.12(b) shall constitute prima facie evidence of such amountbe conclusive -------------------- absent manifest error. If the amount of any Lender's Proportionate Share of any Borrowing is not paid to Agent by such Lender within three (3) Business Days after the date of such Borrowing, Borrower shall repay such amount to Agent, on demand, together with interest thereon, for each day from the date such amount was disbursed to Borrower until the date such amount is repaid to Agent, at the interest rate applicable at the time to the Loans comprising such Borrowing.

Lender Failure to Fund. Unless Agent shall have received notice from a Lender on or prior to the date of any borrowing (including any draw under a Borrowing Letter of Credit) that such Lender will not make available to Agent such Lender's Proportionate Share of such Borrowingthereof, Agent shall be entitled to may assume that such Lender has made or will make such amount portion available to Agent on the date of such Borrowing borrowing in accordance with Subparagraph 2.08(aSection 2.9(a), and Agent may on such datemay, in reliance upon such assumption, disburse make available to Borrower (or otherwise credit to Borrower disburse) on such date a corresponding amount. If any Lender does not make the amount of its Proportionate Share of a Borrowing any borrowing available to Agent on or prior to the date of such Borrowingborrowing, such Lender shall pay to Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid made available to Agent at rates equal to (i) the daily Federal Funds Rate for during the first three period from the date of such borrowing through the third Business Day thereafter, and (3ii) days and thereafter, the Base Prime Rate thereafterin effect from time to time. A certificate of notice from Agent submitted to any Lender with respect to any amount amounts owing by such Lender under this Subparagraph 2.08(bSection 2.9(b) shall constitute prima facie be presumptive evidence of such amountamounts. If the amount of any Lender's Proportionate Share of any Borrowing borrowing is not paid in fact made available to Agent by such Lender within three (3) Business Days after the date of such Borrowingborrowing, Borrower shall repay such amount pay to 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 Borrower until the date such amount is repaid to Agent, at the rate of interest rate then applicable at the time to the Loans comprising such Borrowingthereto.

Lender Failure to Fund. Unless Agent shall have received notice from a Lender prior to the date of a Borrowing that such Lender will not make available to Agent such Lender's applicable Proportionate Share of such Borrowing, Agent shall be entitled to assume that such Lender has made or will make such amount available to Agent on the date of such Borrowing in accordance with Subparagraph 2.08(a), and 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 applicable Proportionate Share of a Borrowing available to Agent on or prior to the date of such Borrowing, such Lender shall pay to Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid to Agent at rates equal to the Federal Funds Rate for the first three (3) days and the Base Rate thereafter. A certificate of Agent submitted to any Lender with respect to any amount owing by such Lender under this Subparagraph 2.08(b) shall constitute prima facie evidence of such amount. If the amount of any Lender's applicable Proportionate Share of any Borrowing is not paid to Agent by such Lender within three (3) Business Days after the date of such Borrowing, the applicable Borrower shall repay such amount to Agent, on demand, together with interest thereon, for each day from the date such amount was disbursed to such Borrower until the date such amount is repaid to Agent, at the interest rate applicable at the time to the Loans comprising such Borrowing.