Common use of Lender Failure to Fund Clause in Contracts

Lender Failure to Fund. Unless Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing that such Lender will not make available to Administrative Agent such Lender's applicable Proportionate Share of such Borrowing, Administrative Agent shall be entitled to assume that such Lender has made or will make such portion available to Administrative Agent on the date of such Borrowing in accordance with Subsection 2.10(a), and Administrative 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 any Borrowing available to Administrative Agent on or prior to the date of such Borrowing, such Lender shall pay to Administrative Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid to Administrative Agent at rates equal to (i) the daily Federal Funds Rate during the period from the date of such Borrowing through the third Business Day thereafter and (ii) the rate applicable to Base Rate Loans thereafter. A certificate of Administrative Agent submitted to any Lender with respect to any amount owing by such Lender under this Subsection 2.10(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 Administrative Agent by such Lender within three (3) Business Days after the date of such Borrowing, Borrower shall repay such amount to Administrative 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 Administrative Agent, at the interest rate applicable at the time to the Loans comprising such Borrowing.

Lender Failure to Fund. Unless 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 Administrative Agent Lender such Lender's applicable Proportionate Share of such BorrowingRatable Portion thereof, Administrative Agent shall be entitled to Lender may assume that such Lender has made or will make such portion available to Administrative Agent Lender on the date of such Borrowing borrowing in accordance with Subsection 2.10(aSection 3.7(a), and Administrative Agent may on such dateLender may, in reliance upon such assumption, disburse make available to Borrowers (or otherwise credit to Borrower disburse) on such date a corresponding amount. If any Lender does not make the amount of its applicable Proportionate Share Ratable Portion of any Borrowing borrowing available to Administrative Agent Lender on or prior to the date of such Borrowingborrowing, such Lender shall pay to 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 Administrative Agent Lender at rates a rate equal to (i) the daily Federal Funds Rate during the period from the date of such Borrowing through the third Business Day thereafter and (ii) the rate applicable to Base Rate Loans thereafterRate. A certificate of Administrative Agent Lender submitted to any Lender with respect to any amount amounts owing by such Lender under this Subsection 2.10(b) Section shall constitute prima facie be presumptive evidence of such amountamounts. If the amount of any Lender's applicable Proportionate Share Ratable Portion of any Borrowing borrowing is not paid in fact made available to Administrative Agent Lender by such Lender within three (3) Business Days after the date of such Borrowingborrowing, Borrower Borrowers shall repay such amount pay to 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 Borrower Borrowers until the date such amount is repaid to Administrative AgentLender, at the rate of interest rate then applicable at the time to the Loans comprising such Borrowingthereto.

Lender Failure to Fund. Unless Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing that such Lender will not make available to Administrative Agent such Lender's applicable Proportionate Share of such Borrowing, Administrative Agent shall be entitled to assume that such Lender has made or will make such portion available to Administrative Agent on the date of such Borrowing in accordance with Subsection 2.10(aSubparagraph 2.11(a), and Administrative 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 any Borrowing available to Administrative Agent on or prior to the date of such Borrowing, such Lender shall pay to Administrative Agent, on demand, interest which shall accrue on such amount from the date of such Borrowing until such amount is paid to Administrative Agent at rates equal to (i) the daily Federal Funds Rate during the period from the date of such Borrowing through the third Business Day thereafter and (ii) the rate applicable to Base Rate Loans thereafter. A certificate of Administrative Agent submitted to any Lender with respect to any amount owing by such Lender under this Subsection 2.10(bSubparagraph 2.11(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 Administrative Agent by such Lender within three (3) Business Days after the date of such Borrowing, Borrower shall repay such amount to Administrative 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 Administrative Agent, at the interest rate applicable at the time to the Loans comprising such Borrowing.

Lender Failure to Fund. Unless Administrative Agent Lender shall have received notice from a Lender prior to on or before the date of any Borrowing borrowing hereunder that such Lender will not make available to Administrative Agent Lender such Lender's applicable Proportionate Share of such BorrowingRatable Portion thereof, Administrative Agent shall be entitled to Lender may assume that such Lender has made or will make such portion available to Administrative Agent Lender on the date of such Borrowing borrowing in accordance with Subsection 2.10(a)Section 2.6(a) hereof, and Administrative Agent may on such dateLender may, 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 applicable Proportionate Share Ratable Portion of any Borrowing borrowing available to Administrative Agent Lender on or prior to the date of such Borrowingborrowing, such Lender shall pay to 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 Administrative Agent Lender at rates equal to (i) the daily Federal Funds Rate during the period from the date of such Borrowing borrowing through the third Business Day thereafter thereafter, and (ii) thereafter, the rate applicable Prime Rate in effect from time to Base Rate Loans thereaftertime. A certificate of Administrative Agent Lender submitted to any Lender with respect to any amount amounts owing by such Lender under this Subsection 2.10(bSection 2.6(b) shall constitute prima facie be rebuttably presumptive evidence of such amountamounts. If the amount of any Lender's applicable Proportionate Share Ratable Portion of any Borrowing borrowing is not paid in fact made available to Administrative Agent Lender by such Lender within three (3) Business Days after the date of such Borrowingborrowing, Borrower shall repay such amount pay to 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 Borrower until the date such amount is repaid to Administrative AgentLender, at the rate of interest rate then applicable at the time to the Loans comprising such Borrowingthereto.

Lender Failure to Fund. Unless 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 Administrative Agent Lender such Lender's applicable Proportionate Share of such BorrowingRatable Portion thereof, Administrative Agent shall be entitled to Lender may assume that such Lender has made or will make such portion available to Administrative Agent Lender on the date of such Borrowing borrowing in accordance with Subsection 2.10(a)Section 3.8(a) hereof, and Administrative Agent may on such dateLender may, in reliance upon such assumption, disburse make available to Borrowers (or otherwise credit to Borrower disburse) on such date a corresponding amount. If any Lender does not make the amount of its applicable Proportionate Share Ratable Portion of any Borrowing borrowing available to Administrative Agent Lender on or prior to the date of such Borrowingborrowing, such Lender shall pay to 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 Administrative Agent Lender at rates a rate equal to (i) the daily Federal Funds Rate during the period from the date of such Borrowing through the third Business Day thereafter and (ii) the rate applicable to Base Rate Loans thereafterRate. A certificate of Administrative Agent Lender submitted to any Lender with respect to any amount amounts owing by such Lender under this Subsection 2.10(b) Section shall constitute prima facie be presumptive evidence of such amountamounts. If the amount of any Lender's applicable Proportionate Share Ratable Portion of any Borrowing borrowing is not paid in fact made available to Administrative Agent Lender by such Lender within three (3) Business Days after the date of such Borrowingborrowing, Borrower Borrowers shall repay such amount pay to 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 Borrower Borrowers until the date such amount is repaid to Administrative AgentLender, at the rate of interest rate then applicable at the time to the Loans comprising such Borrowingthereto.

Lender Failure to Fund. Unless 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 Administrative Agent Lender such Lender's applicable Proportionate Share of such BorrowingRatable Portion thereof, Administrative Agent shall be entitled to Lender may assume that such Lender has made or will make such portion available to Administrative Agent Lender on the date of such Borrowing borrowing in accordance with Subsection 2.10(a)Section 3.7(a) hereof, and Administrative Agent may on such dateLender may, in reliance upon such assumption, disburse make available to Borrowers (or otherwise credit to Borrower disburse) on such date a corresponding amount. If any Lender does not make the amount of its applicable Proportionate Share Ratable Portion of any Borrowing borrowing available to Administrative Agent Lender on or prior to the date of such Borrowingborrowing, such Lender shall pay to 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 Administrative Agent Lender at rates a rate equal to (i) the daily Federal Funds Rate during the period from the date of such Borrowing through the third Business Day thereafter and (ii) the rate applicable to Base Rate Loans thereafterRate. A certificate of Administrative Agent Lender submitted to any Lender with respect to any amount amounts owing by such Lender under this Subsection 2.10(b) Section shall constitute prima facie be presumptive evidence of such amountamounts. If the amount of any Lender's applicable Proportionate Share Ratable Portion of any Borrowing borrowing is not paid in fact made available to Administrative Agent Lender by such Lender within three (3) Business Days after the date of such Borrowingborrowing, Borrower Borrowers shall repay such amount pay to 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 Borrower Borrowers until the date such amount is repaid to Administrative AgentLender, at the rate of interest rate then applicable at the time to the Loans comprising such Borrowingthereto.