Common use of Lending Procedures Clause in Contracts

Lending Procedures. (a) Unless the relevant Agent shall have received notice from a Bank prior to a Borrowing Date that such Bank will not make available to such Agent such Bank's share of the borrowing requested to be made on such Borrowing Date, such Agent may assume that such Bank has made its share of such borrowing available to such Agent on such Borrowing Date, and such Agent may, in reliance upon such assumption, make available to the relevant Facility Borrower on such Borrowing Date a corresponding amount. If such Agent does, in such circumstances, make available to such Facility Borrower such amount, such Bank shall make its share of such borrowing available to such Agent forthwith on demand, together with interest thereon for each day from and including such Borrowing Date that its share of such borrowing was not made available, to but excluding the date such Bank makes its share of such borrowing available to such Agent, at the Effective Federal Funds Rate (in the case of U.S. R/C Loans) or at the then effective Bank Rate (in the case of C$ Loans). If such amount is so made available, such payment to such Agent shall constitute such Bank's Loan on such Borrowing Date for all purposes of this Agreement. If such amount is not so made available to the relevant Agent, then such Agent shall notify such Facility Borrower of such failure, and, on the fourth Business Day following such Borrowing Date, such Facility Borrower shall pay to such Agent such amount, together with interest thereon for each day that such Facility Borrower had the use of such ratable portion at the Effective Federal Funds Rate (in the case of U.S. R/C Loans) or at the then effective Bank Rate (in the case of C$ Loans). Nothing contained in this Section 4.4(a) shall relieve any Bank which has failed to make available its share of any borrowing hereunder from its obligation to do so in accordance with the terms hereof. (b) The failure of any Bank to make the Loan to be made by it on any Borrowing Date shall not relieve any other Bank of its obligation, if any, hereunder to make its Loan on such Borrowing Date, but no Bank shall be responsible for the failure of any other Bank to make the Loan to be made by such other Bank on such Borrowing Date.

Lending Procedures. (a) Unless the relevant Agent shall have received notice from a Bank prior to a Borrowing Date that such Bank will not make available to such Agent such Bank's share of the borrowing requested to be made on such Borrowing Date, such Agent may assume that such Bank has made its share of such borrowing available to such Agent on such Borrowing Date, and such Agent may, in reliance upon such assumption, make available to the relevant Facility Borrower on such Borrowing Date a corresponding amount. If such Agent does, in such circumstances, make available to such Facility Borrower such amount, such Bank shall make its share of such borrowing available to such Agent forthwith on demand, together with interest thereon for each day from and including such Borrowing Date that its share of such borrowing was not made available, to but excluding the date such Bank makes its share of such borrowing available to such Agent, at the Effective Federal Funds Rate (in the case of U.S. R/C Loans) or at the then effective Bank Rate (in the case of C$ Loans). If such amount is so made available, such payment to such Agent shall constitute such Bank's Loan on such Borrowing Date for all purposes of this Agreement. If such amount is not so made available to the relevant Agent, then such Agent shall notify such Facility Borrower of such failure, and, on the fourth Business Day following such Borrowing Date, such Facility Borrower shall pay to such Agent such amount, together with interest thereon for each day that such Facility Borrower had the use of such ratable portion at the Effective Federal Funds Rate (in the case of U.S. R/C Loans) or at the then effective Bank Rate (in the case of C$ Loans). Nothing contained in this Section 4.4(a) shall relieve any Bank which has failed to make available its share of any borrowing hereunder from its obligation to do so in accordance with the terms hereof. (b) The failure of any Bank to make the Facility Loan to be made by it on any Borrowing Date shall not relieve any other Bank of its obligation, if any, hereunder to make its Loan on such Borrowing Date, but no Bank shall be responsible for the failure of any other Bank to make the Facility Loan to be made by such other Bank on such Borrowing Date.

Lending Procedures. (a) Unless the relevant Agent shall have received notice from a Bank prior to a Borrowing Date that such Bank will not make available to such Agent such Bank's share ratable portion of the borrowing requested to be made on such Borrowing Daterelevant borrowing, such Agent may assume that such Bank has made its share of such borrowing portion available to such Agent on the date of such Borrowing Dateborrowing in accordance with subsection 2.2, 3.2 or 3.3, and such Agent may, in reliance upon such assumption, make available to the relevant Facility Borrower on such Borrowing Date date a corresponding amount. If such Agent does, in such circumstances, make available to such Facility Borrower such amount, such Bank shall make its share of such borrowing ratable portion available to such Agent forthwith on demand, together with interest thereon for each day from and including such Borrowing Date that its share of such borrowing ratable portion was not made available, to but excluding the date such Bank makes its share of such borrowing available to such Agent, at the Effective Federal Funds Effective Rate (in the case of U.S. R/C Loans) or at the then effective Bank Rate (in the case of C$ Loans). If such amount is so made available, such payment to such Agent shall constitute such Bank's Loan on such Borrowing Date for all purposes of this Agreement. If such amount is not so made available to the relevant such Agent, then such Agent shall notify such the relevant Facility Borrower of such failure, and, and on the fourth Business Day following such Borrowing Date, Date such Facility Borrower shall pay to such Agent such amountratable portion, together with interest thereon for each day that such Facility Borrower had the use of such ratable portion portion, at the Effective Federal Funds Effective Rate (in the case of U.S. R/C Loans) or at the then effective Bank Rate (in the case of C$ Loans). Nothing contained in this Section 4.4(a) subsection 4.4 shall relieve any Bank which has failed to make available its share ratable portion of any borrowing hereunder from its obligation to do so in accordance with the terms hereof. (b) The failure of any Bank to make the Loan to be made by it on any Borrowing Date shall not relieve any other Bank of its obligation, if any, hereunder to make its Loan on such Borrowing Date, but no Bank shall be responsible for the failure of any other Bank to make the Loan to be made by such other Bank on such Borrowing Date.