Common use of Lender’s Failure to Fund Clause in Contracts

Lender’s Failure to Fund. A Defaulting Lender will pay interest to Agent at the Federal Funds Effective Rate on the Defaulted Amount from the Business Day following the applicable Funding Date of such Defaulted Amount until the date such Defaulted Amount is paid to Agent. A notice of Agent submitted to any Lender with respect to amounts owing under this subsection will be conclusive, absent manifest error. If such amount is not paid when due to Agent, Agent, at its option, may notify Borrower of such failure to fund and, upon demand by Agent, Borrower will pay the unpaid amount, if such amount had already been previously funded by Agent to Borrower, to Agent for Agent’s account, together with interest thereon for each day elapsed since the date of such borrowing, at a rate per annum equal to the interest rate applicable at the time to the Loan made by the other Lenders on such Funding Date. The failure of any Lender to make available any portion of its Commitment on any Funding Date or to fund its participation in a Swingline Loan will not relieve any other Lender of any obligation hereunder to fund such Lender’s Commitment on such Funding Date or to fund any such participation, but no Lender will be responsible for the failure of any other Lender to honor its Commitment on any Funding Date or to fund any participation to be funded by any other Lender.

Lender’s Failure to Fund. A Defaulting Lender will shall pay interest to Agent at the Federal Funds Effective Rate on the Defaulted Amount from the Business Day following the applicable Funding Date of such Defaulted Amount until the date such Defaulted Amount is paid to Agent. A notice of Agent submitted to any Lender with respect to amounts owing under this subsection will shall be conclusive, absent manifest error. If such amount is not paid when due to Agent, Agent, at its option, may notify Borrower of such failure to fund and, upon demand by Agent, Borrower will shall pay the unpaid amount, if such amount had already been previously funded by Agent to Borrower, to Agent for Agent’s account, together with interest thereon for each day elapsed since the date of such borrowing, at a rate per annum equal to the interest rate applicable at the time to the Loan made by the other Lenders on such Funding Date. The failure of any Lender to make available any portion of its Commitment on any Funding Date or to fund its participation in a Swingline Loan will Lender Letter of Credit shall not relieve any other Lender of any obligation hereunder to fund such Lender’s Commitment on such Funding Date or to fund any such participation, but no Lender will shall be responsible for the failure of any other Lender to honor its Commitment on any Funding Date or to fund any participation to be funded by any other Lender.

Lender’s Failure to Fund. A Defaulting Lender will shall pay interest to Administrative Agent at the Federal Funds Effective Rate on the Defaulted Amount from the Business Day following the applicable Funding Date of such Defaulted Amount until the date such Defaulted Amount is paid to Administrative Agent. A notice of Administrative Agent submitted to any Lender with respect to amounts owing under this subsection will shall be conclusive, absent manifest error. If such amount is not paid when due to Administrative Agent, Administrative Agent, at its option, may notify Borrower Borrowers of such failure to fund and, in the event that Administrative Agent shall have funded such Defaulted Amount on behalf of such defaulting Lender, upon demand by Administrative Agent, Borrower will Borrowers shall pay the such Lenders unpaid amount, if such amount had already been previously funded by Agent to Borrower, to Administrative Agent for Administrative Agent’s 's account, together with interest thereon for each day elapsed since the date of such borrowing, at a rate per annum equal to the interest rate applicable at the time to the Loan made by the other Lenders on such Funding Date. The failure of any Lender to make available any portion of its Commitment on any Funding Date or to fund its participation in a Swingline Loan will Lender Letter of Credit shall not relieve any other Lender of any obligation hereunder to fund such Lender’s 's Commitment on such Funding Date or to fund any such participation, but no Lender will shall be responsible for the failure of any other Lender to honor its Commitment on any Funding Date or to fund any participation to be funded by any other Lender.

Lender’s Failure to Fund. A Defaulting Lender will shall pay interest to Agent at the Federal Funds Effective Rate on the Defaulted Amount from the Business Day following the applicable Funding Date of such Defaulted Amount until the date such Defaulted Amount is paid to Agent. A notice of Agent submitted to any Lender with respect to amounts owing under this subsection will shall be conclusive, absent manifest error. If such amount is not paid when due to Agent, Agent, at its option, may notify Borrower Borrowing Agent of such failure to fund and, upon demand by Agent, Borrower will the Borrowers shall pay the unpaid amount, if such amount had already been previously funded by Agent to Borrower, to Agent for Agent’s 's account, together with interest thereon (without duplication and to the extent not paid in connection with such applicable Loan) for each day elapsed since the date of such borrowing, at a rate per annum equal to the interest rate applicable at the time to the Loan made by the other Lenders on such Funding Date. The failure of any Lender to make available any portion of its Commitment on any Funding Date or to fund its participation in a Swingline Loan will Lender Letter of Credit shall not relieve any other Lender of any obligation hereunder to fund such Lender’s 's Commitment on such Funding Date or to fund any such participation, but no Lender will shall be responsible for the failure of any other Lender to honor its Commitment on any Funding Date or to fund any participation to be funded by any other Lender.

Lender’s Failure to Fund. A Defaulting Lender will shall pay interest to Agent at the Federal Funds Effective Rate on the Defaulted Amount from the Business Day following the applicable Funding Date of such Defaulted Amount until the date such Defaulted Amount is paid to Agent. A notice of Agent submitted to any Lender with respect to amounts owing under this subsection will shall be conclusive, absent manifest error. If such amount is not paid when due to Agent, Agent, at its option, may notify Borrower of such failure to fund and, upon demand by Agent, Borrower will shall pay the unpaid amount, if such amount had already been previously funded by Agent to Borrower, to Agent for Agent’s 's account, together with interest thereon for each day elapsed since the date of such borrowing, at a rate per annum equal to the interest rate applicable at the time to the Loan made by the other Lenders on such Funding Date. The failure of any Lender to make available any portion of its Commitment on any Funding Date or to fund its participation in a Lender Letter of Credit or Swingline Loan will shall not relieve any other Lender of any obligation hereunder to fund such Lender’s 's Commitment on such Funding Date or to fund any such participation, but no Lender will shall be responsible for the failure of any other Lender to honor its Commitment on any Funding Date or to fund any participation to be funded by any other Lender.

Lender’s Failure to Fund. A Defaulting Lender will shall pay interest to Agent at the Federal Funds Effective Bank Rate on the Defaulted Amount from the Business Day following the applicable Funding Date of such Defaulted Amount until the date such Defaulted Amount is paid to Agent. A notice of Agent submitted to any Lender with respect to amounts owing under this subsection will shall be conclusive, absent manifest error. If such amount is not paid when due to Agent, Agent, at its option, may notify Borrower of such failure to fund and, upon demand by Agent, Borrower will shall pay the unpaid amount, if such amount had already been previously funded by Agent to Borrower, to Agent for Agent’s account, together with interest thereon for each day elapsed since the date of such borrowing, at a rate per annum equal to the interest rate applicable at the time to the Loan Revolving Advance made by the other Lenders on such Funding Date. The failure of any Lender to make available any portion of its Revolving Loan Commitment on any Funding Date or to fund its participation in a Swingline Loan will shall not relieve any other Lender of any obligation hereunder to fund such Lender’s Revolving Loan Commitment on such Funding Date or to fund any such participationDate, but no Lender will shall be responsible for the failure of any other Lender to honor honour its Revolving Loan Commitment on any Funding Date or to fund any participation to be funded by any other LenderDate.

Lender’s Failure to Fund. A Defaulting Lender will shall pay interest to Agent at the Federal Funds Effective Rate on the Defaulted Amount from the Business Day following the applicable Funding Date of such Defaulted Amount until the date such Defaulted Amount is paid to Agent. A notice of Agent submitted to any Lender with respect to amounts owing under this subsection will shall be conclusive, absent manifest or demonstrable error. If such amount is not paid when due to Agent, Agent, at its option, may notify Borrower of such failure to fund and, upon demand by Agent, Borrower will shall pay the unpaid amount, if such amount had already been previously funded by Agent to Borrower, to Agent for Agent’s account, together with interest thereon for each day elapsed since the date of such borrowing, at a rate per annum equal to the interest rate applicable at the time to the Loan made by the other Lenders on such Funding Date. The failure of any Lender to make available any portion of its Commitment on any Funding Date or to fund its participation in a Swingline Loan will Lender Letter of Credit shall not relieve any other Lender of any obligation hereunder to fund such Lender’s Commitment on such Funding Date or to fund any such participation, but no Lender will shall be responsible for the failure of any other Lender to honor its Commitment on any Funding Date or to fund any participation to be funded by any other Lender.

Lender’s Failure to Fund. A Defaulting Lender will shall pay interest to Agent at the Federal Funds Effective Rate on the Defaulted Amount from the Business Day following the applicable Funding Date of such Defaulted Amount until the date such Defaulted Amount is paid to Agent. A notice of Agent submitted to any Lender with respect to amounts owing under this subsection will shall be conclusive, absent manifest error. If such amount is not paid when due to Agent, Agent, at its option, may notify Borrower Borrowing Agent of such failure to fund and, upon demand by Agent, Borrower will Borrowers shall pay the unpaid amount, if such amount had already been previously funded by Agent to Borrower, to Agent for Agent’s 's account, together with interest thereon for each day elapsed since the date of such borrowing, at a rate per annum equal to the interest rate applicable at the time to the Loan made by the other Lenders on such Funding Date. The failure of any Lender to make available any portion of its Commitment on any Funding Date or to fund its participation in a Lender Letter of Credit or Swingline Loan will shall not relieve any other Lender of any obligation hereunder to fund such Lender’s 's Commitment on such Funding Date or to fund any such participation, but no Lender will shall be responsible for the failure of any other Lender to honor its Commitment on any Funding Date or to fund any participation to be funded by any other Lender.

Lender’s Failure to Fund. A Defaulting Lender will shall pay interest to Collateral Agent at the Federal Funds Effective Base Rate on the Defaulted Amount from the Business Day following the applicable Funding Date of such Defaulted Amount until the date such Defaulted Amount is paid to Collateral Agent. A notice of Collateral Agent submitted to any Lender with respect to amounts owing under this subsection will shall be conclusive, absent manifest error. If such amount is not paid when due to Collateral Agent, Collateral Agent, at its option, may notify Borrower Borrowers of such failure to fund and, in the event that Collateral Agent shall have funded such Defaulted Amount on behalf of such Defaulting Lender, upon demand by Collateral Agent, Borrower will Borrowers shall pay the such Lender's unpaid amount, if such amount had already been previously funded by Agent to Borrower, to Collateral Agent for Collateral Agent’s 's account, together with interest thereon for each day elapsed since the date of such borrowing, at a rate per annum equal to the interest rate applicable at the time to the Loan made by the other Lenders on such Funding Date. The failure of any Lender to make available any portion of its Commitment on any Funding Date or to fund its participation in a Swingline Loan will Letter of Credit shall not relieve any other Lender of any obligation hereunder to fund such Lender’s 's Commitment on such Funding Date or to fund any such participation, but no Lender will shall be responsible for the failure of any other Lender to honor its Commitment on any Funding Date or to fund any participation to be funded by any other Lender.

Lender’s Failure to Fund. A Defaulting Lender will shall pay interest to Collateral Agent at the Federal Funds Effective Base Rate on the Defaulted Amount from the Business Day following the applicable Funding Date of such Defaulted Amount until the date such Defaulted Amount is paid to Collateral Agent. A notice of Collateral Agent submitted to any Lender with respect to amounts owing under this subsection will shall be conclusive, absent manifest error. If such amount is not paid when due to Collateral Agent, Collateral Agent, at its option, may notify Borrower Borrowers of such failure to fund and, in the event that Collateral Agent shall have funded such Defaulted Amount on behalf of such defaulting Lender, upon demand by Collateral Agent, Borrower will Borrowers shall pay the such Lender's unpaid amount, if such amount had already been previously funded by Agent to Borrower, to Collateral Agent for Collateral Agent’s 's account, together with interest thereon for each day elapsed since the date of such borrowing, at a rate per annum equal to the interest rate applicable at the time to the Loan made by the other Lenders on such Funding Date. The failure of any Lender to make available any portion of its Commitment on any Funding Date or to fund its participation in a Swingline Loan will Letter of Credit shall not relieve any other Lender of any obligation hereunder to fund such Lender’s 's Commitment on such Funding Date or to fund any such participation, but no Lender will shall be responsible for the failure of any other Lender to honor its Commitment on any Funding Date or to fund any participation to be funded by any other Lender.

Lender’s Failure to Fund. A Defaulting Lender will shall pay interest to Agent at the Federal Funds Effective Rate on the Defaulted Amount from the Business Day following the applicable Funding Date of such Defaulted Amount until the date such Defaulted Amount is paid to Agent. A notice of Agent submitted to any Lender with respect to amounts owing under this subsection will shall be conclusive, absent manifest error. If such amount is not paid when due to Agent, Agent, at its option, may notify Borrower of such failure to fund and, upon demand by Agent, Borrower will shall pay the unpaid amount, if such amount had already been previously funded by Agent to Borrower, to Agent for Agent’s account, together with interest thereon for each day elapsed since the date of such borrowing, at a rate per annum equal to the interest rate applicable at the time to the Loan made by the other Lenders on such Funding Date. The failure of any Lender to make available any portion of its Commitment on any Funding Date or to fund its participation in a Swingline Loan will any advance made by Agent pursuant to Section 8A.4 shall not relieve any other Lender of any obligation hereunder to fund such Lender’s Commitment on such Funding Date or to fund any such participation, but no Lender will shall be responsible for the failure of any other Lender to honor its Commitment on any Funding Date or to fund any participation to be funded by any other Lender.

Lender’s Failure to Fund. A Defaulting Lender will shall pay interest to Agent at the Federal Funds Effective Rate on the Defaulted Amount from the Business Day following the applicable Funding Date of such Defaulted Amount until the date such Defaulted Amount is paid to Agent. A notice of Agent submitted to any Lender with respect to amounts owing under this subsection will shall be conclusive, absent manifest error. If such amount is not paid when due to Agent, Agent, at its option, may notify Borrower of such failure to fund and, upon demand by Agent, Borrower will shall pay the unpaid amount, if such amount had already been previously funded by Agent to Borrower, to Agent for Agent’s 's account, together with interest thereon for each day elapsed since the date of such borrowing, at a rate per annum equal to the interest rate applicable at the time to the Loan made by the other Lenders on such Funding Date. The failure of any Lender to make available any portion of its Commitment on any Funding Date or to fund its participation in a Swingline Loan will Lender Letter of Credit shall not relieve any other Lender of any obligation hereunder to fund such Lender’s 's Commitment on such Funding Date or to fund any such participation, but no Lender will shall be responsible for the failure of any other Lender to honor its Commitment on any Funding Date or to fund any participation to be funded by any other Lender.

Lender’s Failure to Fund. A Defaulting Lender will shall ------------------------ pay interest to Agent at the Federal Funds Effective Rate on the Defaulted Amount from the Business Day following the applicable Funding Date of such Defaulted Amount until the date such Defaulted Amount is paid to Agent. A notice of Agent submitted to any Lender with respect to amounts owing under this subsection will shall be conclusive, absent manifest error. If such amount is not paid when due to Agent, Agent, at its option, may notify Borrower of such failure to fund and, upon demand by Agent, Borrower will shall pay the unpaid amount, if such amount had already been previously funded by Agent to Borrower, to Agent for Agent’s 's account, together with interest thereon for each day elapsed since the date of such borrowing, at a rate per annum equal to the interest rate applicable at the time to the Loan made by the other Lenders on such Funding Date. The failure of any Lender to make available any portion of its Commitment on any Funding Date or to fund its participation in a Lender Letter of Credit or Swingline Loan will shall not relieve any other Lender of any obligation hereunder to fund such Lender’s 's Commitment on such Funding Date or to fund any such participation, but no Lender will shall be responsible for the failure of any other Lender to honor its Commitment on any Funding Date or to fund any participation to be funded by any other Lender.

Lender’s Failure to Fund. A Defaulting Lender will shall pay interest to Agent at the Federal Funds Effective Rate on the Defaulted Amount from the Business Day following the applicable Funding Date of such Defaulted Amount until the date such Defaulted Amount is paid to Agent. A notice of Agent submitted to any Lender with respect to amounts owing under this subsection will shall be conclusive, absent manifest error. If such amount is not paid when due to Agent, Agent, at its option, may notify Borrower Borrowing Agent of such failure to fund and, upon demand by Agent, Borrower will the Borrowers shall pay the unpaid amount, if such amount had already been previously funded by Agent to Borrower, to Agent for Agent’s account, together with interest thereon (without duplication and to the extent not paid in connection with such applicable Loan) for each day elapsed since the date of such borrowing, at a rate per annum equal to the interest rate applicable at the time to the Loan made by the other Lenders on such Funding Date. The failure of any Lender to make available any portion of its Commitment on any Funding Date or to fund its participation in a Swingline Loan will Lender Letter of Credit shall not relieve any other Lender of any obligation hereunder to fund such Lender’s Commitment on such Funding Date or to fund any such participation, but no Lender will shall be responsible for the failure of any other Lender to honor its Commitment on any Funding Date or to fund any participation to be funded by any other Lender.

Lender’s Failure to Fund. A Defaulting Lender will shall pay interest to Agent at the Federal Funds Effective Rate on the Defaulted Amount from the Business Day following the applicable Funding Date of such Defaulted Amount until the date such Defaulted Amount is paid to Agent. A Any notice of by Agent submitted to any Lender with respect to amounts owing under this subsection will 2.1(I)(2) shall be conclusive, absent manifest error. If such amount is not paid when due to Agent, Agent, at its option, may notify Borrower Borrowing Agent of such failure to fund and, upon demand by Agent, Borrower will Borrowers shall pay the unpaid amount, if such amount had already been previously funded by Agent to Borrower, to Agent for Agent’s account, together with interest thereon for each day elapsed since the date of such borrowing, at a rate per annum equal to the interest rate applicable at the time to the Loan made by the other Lenders on such Funding Date. The failure of any Lender to make available any portion of its Commitment Revolving Loan Commitments on any Funding Date or to fund its participation in a Lender Letter of Credit or Swingline Loan will shall not relieve any other Lender of any obligation hereunder to fund such Lender’s Commitment Revolving Loan Commitments on such Funding Date or to fund any such participation, but no Lender will shall be responsible for the failure of any other Lender to honor its Commitment Revolving Loan Commitments on any Funding Date or to fund any participation to be funded by any other Lender.

Lender’s Failure to Fund. A Defaulting Lender will shall pay interest to Agent at the Federal Funds Effective Rate on the Defaulted Amount from the Business Day following the applicable Funding Date of such Defaulted Amount until the date such Defaulted Amount is paid to Agent. A notice of Agent submitted to any Lender with respect to amounts owing under this subsection will shall be conclusive, absent manifest error. If such amount is not paid when due to Agent, Agent, at its option, may notify Borrower Borrowers of such failure to fund and, upon demand by Agent, Borrower will Borrowers shall pay the unpaid amount, if such amount had already been previously funded by Agent to Borrower, to Agent for Agent’s account, together with interest thereon for each day elapsed since the date of such borrowing, at a rate per annum equal to the interest rate applicable at the time to the Loan made by the other Lenders on such Funding Date. The failure of any Lender to make available any portion of its Commitment Revolving Loan Commitments on any Funding Date or to fund its participation in a Swingline Loan will Lender Letter of Credit shall not relieve any other Lender of any obligation hereunder to fund such Lender’s Revolving Loan Commitment on such Funding Date or to fund any such participation, but no Lender will shall be responsible for the failure of any other Lender to honor its Revolving Loan Commitment on any Funding Date or to fund any participation to be funded by any other Lender.

Lender’s Failure to Fund. A Defaulting Lender will shall pay interest to Agent at the Federal Funds Effective Bank Rate on the Defaulted Amount from the Business Day following the applicable Funding Date of such Defaulted Amount until the date such Defaulted Amount is paid to Agent. A notice of Agent submitted to any Lender with respect to amounts owing under this subsection will shall be conclusive, absent manifest error. If such amount is not paid when due to Agent, Agent, at its option, may notify Borrower of such failure to fund and, upon demand by Agent, Borrower will shall pay the unpaid amount, if such amount had already been previously funded by Agent to Borrower, to Agent for Agent’s 's account, together with interest thereon for each day elapsed since the date of such borrowing, at a rate per annum equal to the interest rate applicable at the time to the Loan Revolving Advance made by the other Lenders on such Funding Date. The failure of any Lender to make available any portion of its Revolving Loan Commitment on any Funding Date or to fund its participation in a Swingline Loan will shall not relieve any other Lender of any obligation hereunder to fund such Lender’s 's Revolving Loan Commitment on such Funding Date or to fund any such participationDate, but no Lender will shall be responsible for the failure of any other Lender to honor honour its Revolving Loan Commitment on any Funding Date or to fund any participation to be funded by any other LenderDate.