Common use of Non-Receipt of Funds by the Administrative Agent Clause in Contracts

Non-Receipt of Funds by the Administrative Agent. ncbcrex.htm 14534489\V-10 . Unless the Borrower or a Lender, as the case may be, notifies the Administrative Agent prior to the time at which it is scheduled to make payment to the Administrative Agent of (i) in the case of a Lender, the proceeds of a Loan or (ii) in the case of the Borrower, a payment of principal, interest or fees to the Administrative Agent for the account of the Lenders, that it does not intend to make such payment, the Administrative Agent may assume that such payment has been made. The Administrative Agent may, but shall not be obligated to, make the amount of such payment available to the intended recipient in reliance upon such assumption. If such Lender or the Borrower, as the case may be, has not in fact made such payment to the Administrative Agent, the recipient of such payment shall, on demand by the Administrative Agent, repay to the Administrative Agent the amount so made available together with interest thereon in respect of each day during the period commencing on the date such amount was so made available by the Administrative Agent until the date the Administrative Agent recovers such amount at a rate per annum equal to (i) in the case of payment by a Lender, the Federal Funds Effective Rate for such day plus an administrative fee of $200 or (ii) in the case of payment by the Borrower, the interest rate applicable to the relevant Loan plus an administrative fee of $200. If such Lender so repays such amount and interest thereon to the Administrative Agent within one Business Day after such demand, all interest accruing on the Loan not funded by such Lender during such period shall be payable to such Lender when received from the Borrower.

Non-Receipt of Funds by the Administrative Agent. ncbcrex.htm 14534489\V-10 . (a) Unless the relevant Borrower or a Lender, as the case may be, notifies the Administrative Agent prior to the time at date on which it is scheduled to make payment to the Administrative Agent (or in the case of any Base Rate Advance by 12:00 p.m. on the Business Day of a Loan) of (i) in the case of a Lender, the proceeds of a Loan or any payment by such Lender pursuant to Sections 2.1(a)(iv), 2.1(b)(iii) or 2.1(c)(iv), or (ii) in the case of the such Borrower, a payment of principal, interest or fees to the Administrative Agent for the account of the Lenders, that it does not intend to make such payment, the Administrative Agent may assume that such payment has been made. The Administrative Agent may, but shall not be obligated to, make the amount of such payment available to the intended recipient in reliance upon such assumption. If such Lender or the such Borrower, as the case may be, has not in fact made such payment to the Administrative Agent, the recipient of such payment shall, on demand by the Administrative Agent, repay to the Administrative Agent the amount so made available together with interest thereon in respect of each day during the period commencing on the date such amount was so made available by the Administrative Agent until the date the Administrative Agent recovers such amount at a rate per annum equal to (ix) in the case of payment by a Lender, the Federal Funds Effective Rate for such day Overnight Rate, plus an administrative fee of $200 any administrative, processing or similar fees customarily charged by the Administrative Agent in connection with the foregoing, (iiy) in the case of payment by the a Borrower, the interest rate applicable to the relevant Loan plus an administrative fee of $200Loan. If such Lender so repays such amount and interest thereon With respect to Multicurrency Advances, a payment shall be deemed to have been made by the Administrative Agent within one Business Day after such demand, all interest accruing on the Loan date on which it is required to be made under this Agreement if the Administrative Agent has, on or before that date, taken all relevant steps to make that payment. With respect to the payment of any amount denominated in Euro, the Administrative Agent shall not funded be liable to any Borrower or any of the Lenders in any way whatsoever for any delay, or the consequences of any delay, in the crediting to any account of any amount required by this Agreement to be paid by the Administrative Agent if the Administrative Agent shall have taken all relevant steps to achieve, on the date required by this Agreement, the payment of such Lender during such period shall be payable amount in immediately available, freely transferable, cleared funds in Euros to such Lender when received from the Borrower.account with the bank in the principal

Non-Receipt of Funds by the Administrative Agent. ncbcrex.htm 14534489\V-10 . (a) Unless the relevant Borrower or a Lender, as the case may be, notifies the Administrative Agent prior to the time at date on which it is scheduled to make payment to the Administrative Agent (or in the case of any Base Rate Advance by 12:00 p.m. on the Business Day of a Loan) of (i) in the case of a Lender, the proceeds of a Loan or any payment by such Lender pursuant to Sections 2.1(a)(iv), 2.1(b)(iii) or 2.1(c)(iv), or (ii) in the case of the such Borrower, a payment of principal, interest or fees to the Administrative Agent for the account of the Lenders, that it does not intend to make such payment, the Administrative Agent may assume that such payment has been made. The Administrative Agent may, but shall not be obligated to, make the amount of such payment available to the intended recipient in reliance upon such assumption. If such Lender or the such Borrower, as the case may be, has not in fact made such payment to the Administrative Agent, the recipient of such payment shall, on demand by the Administrative Agent, repay to the Administrative Agent the amount so made available together with interest thereon in respect of each day during the period commencing on the date such amount was so made available by the Administrative Agent until the date the Administrative Agent recovers such amount at a rate per annum equal to (ix) in the case of payment by a Lender, the Federal Funds Effective Rate for such day plus an administrative fee of $200 or (ii) in the case of payment by the Borrower, the interest rate applicable to the relevant Loan plus an administrative fee of $200. If such Lender so repays such amount and interest thereon to the Administrative Agent within one Business Day after such demand, all interest accruing on the Loan not funded by such Lender during such period shall be payable to such Lender when received from the Borrower.,

Non-Receipt of Funds by the Administrative Agent. ncbcrex.htm 14534489\V-10 . Unless the Borrower Company or a Lender, as the case may be, notifies the Administrative Agent prior to the time at date on which it is scheduled to make payment to the Administrative Agent of (ia) in the case of a Lender, the proceeds of a Loan or (iib) in the case of the BorrowerCompany, a payment of principal, interest or fees to the Administrative Agent for the account of the Lenders, that it does not intend to make such payment, the Administrative Agent may assume that such payment has been made. The Administrative Agent may, but shall not be obligated to, make the amount of such payment available to the intended recipient in reliance upon such assumption. If such Lender or the BorrowerCompany, as the case may be, has not in fact made such payment to the Administrative Agent, the recipient of such payment shall, on demand by the Administrative Agent, repay to the Administrative Agent the amount so made available together with interest thereon in respect of each day during the period commencing on the date such amount was so made available by the Administrative Agent until the date the Administrative Agent recovers such amount at a rate per annum equal to (i) in the case of payment by a Lender, the Federal Funds Effective Rate for such day plus an administrative fee of $200 for the first three days and, thereafter, the interest rate applicable to the relevant Loan or (ii) in the case of payment by the BorrowerCompany, the interest rate applicable to the relevant Loan plus an administrative fee of $200. If such Lender so repays such amount and interest thereon (or, to the extent permitted by applicable law (x) in the case of interest payable in Dollars and fees, the Base Rate plus the Applicable Margin for Floating Rate Loans, and (y) in the case of interest payable in Yen, the Administrative Agent within one Business Day after such demandAgent's cost of funds, all interest accruing on as reasonably determined by the Loan not funded by such Lender during such period shall be payable to such Lender when received from Administrative Agent, plus the BorrowerApplicable Margin for Yen LIBOR Loans).

Non-Receipt of Funds by the Administrative Agent. ncbcrex.htm 14534489\V-10 . Unless the Borrower Administrative Agent shall have been notified in writing by any Lender or the Newark Subsidiaries, (in each case, the "Payor") before the date on which the Payor is to make payment to the Administrative Agent (in the case of a Lender) of the proceeds of the Loan to be made by such Lender hereunder or (in the case of the Newark Subsidiaries) of a payment to the Administrative Agent for the account of one or more of the Lenders hereunder (any such payment being herein called the "Required Payment") that such Payor will not make its Required Payment, the Administrative Agent may assume that the Payor is making its Required Payment available to the Administrative Agent and may, in reliance upon such assumption, make available to the Lenders or the Newark Subsidiaries, as the case may be, notifies a corresponding amount. If such amount is so advanced by the Administrative Agent prior to but not made available by the time at which it is scheduled to make payment Payor to the Administrative Agent of by the required time on such date, then the Payor shall pay to the Administrative Agent, on demand, such amount with interest thereon at a rate: (ia) in the case of a Lender, equal to the proceeds rate specified by the Administrative Agent as its cost of a Loan or funding such amount for the applicable period, and (iib) in the case of the BorrowerNewark Subsidiaries, a payment of principal, interest or fees equal to the Administrative Agent for the account of the Lendersthen-applicable Default Rate, that it does not intend to make in each case until such payment, the Administrative Agent may assume that such payment has been made. The Administrative Agent may, but shall not be obligated to, make the amount of such payment is paid in full (in immediately available to the intended recipient in reliance upon such assumption. If such Lender or the Borrower, as the case may be, has not in fact made such payment Dollars) to the Administrative Agent, the recipient . A certificate of such payment shall, on demand by the Administrative Agent, repay to the Administrative Agent the amount so made available together submitted to any Payor with interest thereon in respect of each day during the period commencing on the date such amount was so made available by the Administrative Agent until the date the Administrative Agent recovers such amount at a rate per annum equal to (i) any amounts owing under this Section shall be conclusive in the case absence of payment by a Lender, the Federal Funds Effective Rate for such day plus an administrative fee of $200 or (ii) in the case of payment by the Borrower, the interest rate applicable to the relevant Loan plus an administrative fee of $200manifest error. If such Lender so repays such amount and interest thereon to the Administrative Agent within one Business Day after such demand, all interest accruing on the Loan not funded by such Lender during such period shall be payable to such Lender when received from the Borrower.Credit Agreement 20

Non-Receipt of Funds by the Administrative Agent. ncbcrex.htm 14534489\V-10 . Unless the Borrower Borrower, a Lender or a Swing Loan Lender, as the case may be, notifies the Administrative Agent prior to the time at which it is scheduled to make payment to the Administrative Agent for payments to be made on a same-day basis and otherwise prior to the date on which it is scheduled to make a payment to the Administrative Agent of (i) in the case of a Lender or a Swing Loan Lender, the proceeds of a Loan or (ii) in the case of the Borrower, a payment of principal, interest or fees to the Administrative Agent for the account of the Lenders, Swing Loan Lenders or LC Issuers, that it does not intend to make such payment, the Administrative Agent may assume that such payment has been made. The Administrative Agent may, but shall not be obligated to, make the amount of such payment available to the intended recipient in reliance upon such assumption. If such Lender, Swing Loan Lender or the Borrower, as the case may be, has not in fact made such payment to the Administrative Agent, the recipient of such payment shall, on demand by the Administrative Agent, repay to the Administrative Agent the amount so made available together with interest thereon in respect of each day during the period commencing on the date such amount was so made available by the Administrative Agent until the date the Administrative Agent recovers such amount at a rate per annum equal to (i) in the case of payment repayment by a Lender or Swing Loan Lender, the Federal Funds Effective Rate for such day plus an administrative fee of $200 or (ii) in the case of payment by the Borrower, the interest rate applicable to the relevant Loan plus an administrative fee of $200. If such Lender so repays such amount and interest thereon to the Administrative Agent within one Business Day after such demand, all interest accruing on the Loan not funded by such Lender during such period shall be payable to such Lender when received from the Borrower.Funds

Non-Receipt of Funds by the Administrative Agent. ncbcrex.htm 14534489\V-10 . (a) Unless the relevant Borrower or a Lender, as the case may be, notifies the Administrative Agent prior to the time at date on which it is scheduled to make payment to the Administrative Agent (or in the case of any Base Rate Advance by 12:00 p.m. on the Business Day of a Borrowing) of (i) in the case of a Lender, the proceeds of a Loan or any payment by such Lender pursuant to Sections 2.1(a)(iv), 2.1(b)(iii) or 2.1(c)(iv), or (ii) in the case of the such Borrower, a payment of principal, interest or fees to the Administrative Agent for the account of the Lenders, that it does not intend to make such payment, the Administrative Agent may assume that such payment has been made. The Administrative Agent may, but shall not be obligated to, make the amount of such payment available to the intended recipient in reliance upon such assumption. If such Lender or the such Borrower, as the case may be, has not in fact made such payment to the Administrative Agent, the recipient of such payment shall, on demand by the Administrative Agent, repay to the Administrative Agent the amount so made available together with interest thereon in respect of each day during the period commencing on the date such amount was so made available by the Administrative Agent until the date the Administrative Agent recovers such amount at a rate per annum equal to (ix) in the case of payment by a Lender, the Federal Funds Effective Rate for such day Overnight Rate, plus an administrative fee of $200 any administrative, processing or similar fees customarily charged by the Administrative Agent in connection with the foregoing, (iiy) in the case of payment by the a Borrower, the interest rate applicable to the relevant Loan plus an administrative fee of $200Loan. If such Lender so repays such amount and interest thereon With respect to the Administrative Agent within one Business Day after such demandMulticurrency Advances, all interest accruing on the Loan not funded by such Lender during such period a payment shall be payable deemed to such Lender when received from the Borrower.have been made by the

Non-Receipt of Funds by the Administrative Agent. ncbcrex.htm 14534489\V-10 . Unless the Borrower Administrative Agent shall have been notified in writing by any Lender or the Newark Subsidiaries, (in each case, the "Payor") before the date on which the Payor is to make payment to the Administrative Agent (in the case of a Lender) of the proceeds of the Loan to be made by such Lender hereunder or (in the case of the Newark Subsidiaries) of a payment to the Administrative Agent for the account of one or more of the Lenders hereunder (any such payment being herein called the "Required Payment") that such Payor will not make its Required Payment, the Administrative Agent may assume that the Payor is making its Required Payment available to the Administrative Agent and may, in reliance upon such assumption, make available to the Lenders or the Newark Subsidiaries, as the case may be, notifies a corresponding amount. If such amount is so advanced by the Administrative Agent prior to but not made available by the time at which it is scheduled to make payment Payor to the Administrative Agent of by the required time on such date, then the Payor shall pay to the Administrative Agent, on demand, such amount with interest thereon at a rate: (ia) in the case of a Lender, equal to the proceeds rate specified by the Administrative Agent as its cost of a Loan or funding such amount for the applicable period, and (iib) in the case of the BorrowerNewark Subsidiaries, a payment of principal, interest or fees equal to the Administrative Agent for the account of the Lendersthen-applicable Default Rate, that it does not intend to make in each case until such payment, the Administrative Agent may assume that such payment has been made. The Administrative Agent may, but shall not be obligated to, make the amount of such payment is paid in full (in immediately available to the intended recipient in reliance upon such assumption. If such Lender or the Borrower, as the case may be, has not in fact made such payment Dollars) to the Administrative Agent, the recipient . A certificate of such payment shall, on demand by the Administrative Agent, repay to the Administrative Agent the amount so made available together submitted to any Payor with interest thereon in respect of each day during the period commencing on the date such amount was so made available by the Administrative Agent until the date the Administrative Agent recovers such amount at a rate per annum equal to (i) any amounts owing under this Section shall be conclusive in the case absence of payment by a Lender, the Federal Funds Effective Rate for such day plus an administrative fee of $200 or (ii) in the case of payment by the Borrower, the interest rate applicable to the relevant Loan plus an administrative fee of $200. If such Lender so repays such amount and interest thereon to the Administrative Agent within one Business Day after such demand, all interest accruing on the Loan not funded by such Lender during such period shall be payable to such Lender when received from the Borrowermanifest error.

Non-Receipt of Funds by the Administrative Agent. ncbcrex.htm 14534489\V-10 . (a) Unless the relevant Borrower or a Lender, as the case may be, notifies the Administrative Agent prior to the time at date on which it is scheduled to make payment to the Administrative Agent (or in the case of any Base Rate Advance by 12:00 p.m. on the Business Day of a Loan) of (i) in the case of a Lender, the proceeds of a Loan or any payment by such Lender pursuant to Sections 2.1(a)(iv), 2.1(b)(iii) or 2.1(c)(iv), or (ii) in the case of the such Borrower, a payment of principal, interest or fees to the Administrative Agent for the account of the Lenders, that it does not intend to make such payment, the Administrative Agent may assume that such payment has been made. The Administrative Agent may, but shall not be obligated to, make the amount of such payment available to the intended recipient in reliance upon such assumption. If such Lender or the such Borrower, as the case may be, has not in fact made such payment to the Administrative Agent, the recipient of such payment shall, on demand by the Administrative Agent, repay to the Administrative Agent the amount so made available together with interest thereon in respect of each day during the period commencing on the date such amount was so made available by the Administrative Agent until the date the Administrative Agent recovers such amount at a rate per annum equal to (ix) in the case of payment by a Lender, the Federal Funds Effective Rate for such day Overnight Rate, plus an administrative fee of $200 any administrative, processing or similar fees customarily charged by the Administrative Agent in connection with the foregoing, (iiy) in the case of payment by the a Borrower, the interest rate applicable to the relevant Loan plus an administrative fee of $200Loan. If such Lender so repays such amount and interest thereon With respect to Multicurrency Advances, a payment shall be deemed to have been made by the Administrative Agent within one Business Day after such demand, all interest accruing on the Loan date on which it is required to be made under this Agreement if the Administrative Agent has, on or before that date, taken all relevant steps to make that payment. With respect to the payment of any amount denominated in Euro, the Administrative Agent shall not funded be liable to any Borrower or any of the Lenders in any way whatsoever for any delay, or the consequences of any delay, in the crediting to any account of any amount required by this Agreement to be paid by the Administrative Agent if the Administrative Agent shall have taken all relevant steps to achieve, on the date required by this Agreement, the payment of such amount in immediately available, freely transferable, cleared funds in Euros to the account with the bank in the principal financial center in the Participating Member State which the relevant Borrower or, as the case may be, any Lender during shall have specified for such period shall be payable to such Lender when received from the Borrower.purpose. In this Section 2.20, “