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

Non-Receipt of Funds by the Administrative Agent. Unless the Administrative Agent shall have been notified by a Lender or the Company prior to the date on which a payment is scheduled to be made to the Administrative Agent of (in the case of a Lender) the proceeds of a Loan to be made by it hereunder or under a Letter of Credit or (in the case of the Company) a payment to the Administrative Agent for account of one or more of the Lenders hereunder (such payment being herein called a "Required Payment"), which notice shall be effective upon receipt, that it does not intend to make the Required Payment to the Administrative Agent, the Administrative Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient(s) on such date. If such Lender or the Company (as the case may be) has not in fact made the Required Payment to the Administrative Agent, the recipient(s) of such payment shall, on demand, 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 the Base Rate for such day, but in no event to exceed the Highest Lawful Rate.

Non-Receipt of Funds by the Administrative Agent. Unless a Lender notifies the Administrative Agent, prior to the proposed date of any Eurodollar Advance (or, in the case of any Floating Rate Advance, prior to noon on the date of such Advance), that such Lender will not make available to the Administrative Agent shall have such Lender’s share of such Advance, the Administrative Agent may assume that such payment has been notified by a Lender or made. Unless the Company Borrower notifies the Administrative Agent, prior to the date on which a payment it is scheduled to be made to the Administrative Agent of (in the case of a Lender) the proceeds of a Loan to be made by it hereunder or under a Letter of Credit or (in the case of the Company) make a payment to the Administrative Agent of principal, interest or fees for the account of one or more of the Lenders hereunder (such payment being herein called a "Required Payment"), which notice shall be effective upon receiptLenders, that it does not intend to make the Required Payment to the Administrative Agentsuch payment, the Administrative Agent may assume that the Required Payment such payment has been made and 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 (but shall not be required to), make the amount thereof available to the intended recipient(s) on such dateassumption. If such Lender or the Company (Borrower, as the case may be) , has not in fact made the Required Payment such payment to the Administrative Agent, the recipient(s) recipient of such payment shall, on demanddemand 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 (x) in the Base case of payment by a Lender, the Federal Funds Rate for such dayday or (y) in the case of payment by the Borrower, but in no event the interest rate applicable to exceed the Highest Lawful Raterelevant Loan.

Non-Receipt of Funds by the Administrative Agent. Unless the Borrower or a Lender, as the case may be, notifies the Administrative Agent shall have been notified by a Lender or the Company prior to the date date, or time of day in the case of same-day borrowings, on which a payment it is scheduled to be made make payment to the Administrative Agent of (i) in the case of a Lender) , the proceeds of a Loan to be made by it hereunder or under a Letter of Credit or (ii) in the case of the Company) Borrower, a payment of principal, interest or fees to the Administrative Agent for the account of one or more any of the Lenders hereunder (such payment being herein called a "Required Payment"), which notice shall be effective upon receiptLenders, that it does not intend to make the Required Payment to the Administrative Agentsuch payment, the Administrative Agent may assume that the Required Payment such payment has been made and 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 (but shall not be required to), make the amount thereof available to the intended recipient(s) on such dateassumption. If such Lender or the Company (Borrower, as the case may be) , has not in fact made the Required Payment such payment to the Administrative Agent, the recipient(s) recipient of such payment shall, on demanddemand by the Administrative Agent, repay to the Administrative Agent the amount so made available available, together with interest thereon 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 (x) in the Base case of payment by a Lender, the Federal Funds Rate for such dayday or (y) in the case of payment by the Borrower, but in no event the interest rate applicable to exceed the Highest Lawful RateABR Loans.

Non-Receipt of Funds by the Administrative Agent. Unless the Administrative Agent shall have been notified by Borrower or a Lender or Lender, as the Company prior to the date on which a payment is scheduled to be made to case may be, notifies the Administrative Agent of (a) in the case of a Lender) , prior to 1:00 p.m., New York City time, on the date on which it is scheduled to make payment of the proceeds of a Loan to be made by it hereunder or under a Letter of Credit the Administrative Agent or (b) in the case of the Company) Borrower, prior to 11:00 a.m., New York City time, on the date on which it is scheduled to make a payment of principal, interest or fees to the Administrative Agent for the account of one or more of the Lenders hereunder (such payment being herein called a "Required Payment"), which notice shall be effective upon receiptLenders, that it does not intend to make the Required Payment to the Administrative Agentsuch payment, the Administrative Agent may assume that the Required Payment such payment has been made and 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 (but shall not be required to), make the amount thereof available to the intended recipient(s) on such dateassumption. If such Lender or the Company (Borrower, as the case may be) , has not in fact made the Required Payment such payment to the Administrative Agent, the recipient(s) recipient of such payment shall, on demanddemand 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 (x) in the Base case of payment by a Lender, the Federal Funds Effective Rate for such dayday for the first three days and, but thereafter, the interest rate applicable to the relevant Loan or (y) in no event the case of payment by the Borrower, the interest rate applicable to exceed the Highest Lawful Raterelevant Loan.

Non-Receipt of Funds by the Administrative Agent. Unless the Company or a Bank, as the case may be, notifies the Administrative Agent shall have been notified by a Lender or the Company prior to the date on which a payment it is scheduled to be made make payment to the Administrative Agent of (a) in the case of a Lender) Bank, the proceeds of a Loan to be made by it hereunder or under a Letter of Credit or (b) in the case of the Company) , a payment of principal, interest or fees to the Administrative Agent for the account of one or more of the Lenders hereunder (such payment being herein called a "Required Payment"), which notice shall be effective upon receiptBanks, that it does not intend to make the Required Payment to the Administrative Agentsuch payment, the Administrative Agent may assume that the Required Payment such payment has been made and 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 (but shall not be required to), make the amount thereof available to the intended recipient(s) on such dateassumption. If such Lender Bank or the Company (Company, as the case may be) , has not in fact made the Required Payment such payment to the Administrative Agent, the recipient(s) recipient of such payment shall, on demanddemand 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 (a) in the Base case of payment by a Bank, the Federal Funds Rate for such dayday or (b) in the case of payment by the Company, but in no event the interest rate applicable to exceed the Highest Lawful Raterelevant Loan.

Non-Receipt of Funds by the Administrative Agent. Unless the Borrower or a Lender, as the case may be, notifies the Administrative Agent shall have been notified by a Lender or the Company prior to the date date, or time of day in the case of same-day borrowings, on which a payment it is scheduled to be made make payment to the Administrative Agent of (i) in the case of a Lender) , the proceeds of a Loan to be made by it hereunder or under a Letter of Credit or (ii) in the case of the Company) Borrower, a payment of principal, interest or fees to the Administrative Agent for the account of one or more any of the Lenders hereunder (such payment being herein called a "Required Payment"), which notice shall be effective upon receiptLenders, that it does not intend to make the Required Payment to the Administrative Agentsuch payment, the Administrative Agent may assume that the Required Payment such payment has been made and 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 (but shall not be required to), make the amount thereof available to the intended recipient(s) on such dateassumption. If such Lender or the Company (Borrower, as the case may be) , has not in fact made the Required Payment such payment to the Administrative Agent, the recipient(s) recipient of such payment shall, on demanddemand by the Administrative Agent, repay to the Administrative Agent the amount so made available available, together with interest thereon 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 (x) in the Base case of payment by a Lender, the NYFRB Rate for such dayday or (y) in the case of payment by the Borrower, but in no event the interest rate applicable to exceed the Highest Lawful RateABR Loans.

Non-Receipt of Funds by the Administrative Agent. Unless the Administrative Agent shall have been notified by a Lender Bank or the Company Obligors' Representative prior to the date on which a such Bank is to make payment is scheduled to be made to the Administrative Agent of (in the case of a Lender) the proceeds of a Loan to be made by it hereunder or under a Letter of Credit or (in the case of the Company) Obligors are to make a payment to the Administrative Agent for the account of one or more of the Lenders hereunder Banks, as the case may be (such payment being herein called a the "Required Payment"), which notice shall be effective upon receipt, that it does such Bank or the Obligors, as the case may be, do not intend to make the Required Payment to the Administrative Agent, the Administrative Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient(s) recipient on such date. If date and, if such Lender Bank or the Company (Obligors, as the case may be) has , have not in fact made the Required Payment to the Administrative Agent, the recipient(s) recipient of such payment shall, on demand, repay pay to the Administrative Agent the amount so made available to it 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 the Base Rate for such day, but in no event to exceed the Highest Lawful Federal Funds Rate.

Non-Receipt of Funds by the Administrative Agent. Unless the Borrower or a Lender, as the case may be, notifies the Administrative Agent shall have been notified by a Lender or the Company prior to the date on which a payment it is scheduled to be made make payment to the Administrative Agent of (i) in the case of a Lender) , the proceeds of a Loan to be made by it hereunder or under a Letter of Credit or (ii) in the case of the Company) Borrower, a payment of principal, interest or fees to the Administrative Agent for the account of one or more of the Lenders hereunder (such payment being herein called a "Required Payment"), which notice shall be effective upon receiptLenders, that it does not intend to make the Required Payment to the Administrative Agentsuch payment, the Administrative Agent may assume that the Required Payment such payment has been made and 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 (but shall not be required to), make assumption. If the Administrative Agent makes the amount thereof of any such payment available to the intended recipient(s) on such date. If such recipient and a Lender or the Company (Borrower, as the case may be) , has not in fact made the Required Payment such payment to the Administrative Agent, the recipient(s) of such payment recipient shall, on demanddemand 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 (x) in the Base case of payment by a Lender, the Federal Funds Effective Rate for such dayday or (y) in the case of payment by the Borrower, but in no event the interest rate applicable to exceed the Highest Lawful Raterelevant Loan.

Non-Receipt of Funds by the Administrative Agent. Unless the Administrative Agent shall have been notified by a Lender or the Company (the "Payor") prior to the date and time on which a the Payor is to make payment is scheduled to be made to the Administrative Agent of (in the case of a Lender) the proceeds of a Loan to be made by it such Lender hereunder or under a Letter of Credit or (in the case of the Company) a payment to the Administrative Agent for account of one or more of the Lenders hereunder (such payment being herein called a the "Required Payment"), which notice shall be effective upon receipt, that it the Payor does not intend to make the Required Payment to the Administrative Agent, the Administrative Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient(s) on such date. If such Lender or ; and, if the Company (as the case may be) Payor has not in fact made the Required Payment to the Administrative Agent, the recipient(s) of such payment shall, on demand, 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 the Base Federal Funds Rate for such dayday and, but in no event if such recipient(s) shall fail promptly to exceed make such payment, the Highest Lawful RateAdministrative Agent shall be entitled to recover such amount, on demand, from the Payor, together with interest as aforesaid.

Non-Receipt of Funds by the Administrative Agent. Unless a Borrower or a Lender, as the case may be, notifies the Administrative Agent shall have been notified by a Lender or the Company prior to the date on which a payment it is scheduled to be made make payment to the Administrative Agent of (i) in the case of a Lender) , the proceeds of a Loan to be made by it hereunder or under a Letter of Credit or (ii) in the case of the Company) a Borrower, a payment of principal, interest or fees to the Administrative Agent for the account of one the Revolving Lenders or more of the Lenders hereunder (such payment being herein called a "Required Payment")Term Loan Lenders, which notice shall be effective upon receiptas the case may be, that it does not intend to make the Required Payment to the Administrative Agentsuch payment, the Administrative Agent may assume that the Required Payment such payment has been made and 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 (but shall not be required to), make the amount thereof available to the intended recipient(s) on such dateassumption. If such Lender or the Company (Borrower, as the case may be) , has not in fact made the Required Payment such payment to the Administrative Agent, the recipient(s) recipient of such payment shall, on demanddemand by the Administrative Agent (or, in the case of the Borrower, within three (3) Business Days of 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 Base case of payment by a Lender, the Federal Funds Effective Rate for such dayday or (ii) in the case of payment by a Borrower, but in no event the interest rate applicable to exceed the Highest Lawful Raterelevant Loan.

Non-Receipt of Funds by the Administrative Agent. Unless the Borrower or a Lender, as the case may be, notifies the Administrative Agent shall have been notified by a Lender or the Company prior to the date on which a payment it is scheduled to be made make payment to the Administrative Agent of (i) in the case of a Lender) , the proceeds of a Loan to be made by it hereunder or under a Letter of Credit participation in any Facility LC or Swing Line Loan, or (ii) in the case of the Company) Borrower, a payment of principal, interest, Reimbursement Obligation, or fees to the Administrative Agent for the account of one the Lenders, LC Issuer, or more of the Lenders hereunder (such payment being herein called a "Required Payment"), which notice shall be effective upon receiptSwing Line Lender, that it does not intend to make the Required Payment to the Administrative Agentsuch payment, the Administrative Agent may assume that the Required Payment such payment has been made and 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 (but shall not be required to), make the amount thereof available to the intended recipient(s) on such dateassumption. If such Lender or the Company (Borrower, as the case may be) , has not in fact made the Required Payment such payment to the Administrative Agent, the recipient(s) recipient of such payment shall, on demanddemand 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 Base case of repayment by a Lender, LC Issuer, or the Swing Line Lender, the Federal Funds Effective Rate for such dayday or (ii) in the case of repayment by the Borrower, but in no event the interest rate applicable to exceed the Highest Lawful Raterelevant Loan or Reimbursement Obligation.

Non-Receipt of Funds by the Administrative Agent. Unless the Borrower or a Lender, as the case may be, notifies the Administrative Agent shall have been notified by a Lender or the Company prior to the date date, or time of day in the case of same-day borrowings, on which a payment it is scheduled to be made make payment to the Administrative Agent of (i) in the case of a Lender) , the proceeds of a Loan to be made by it hereunder or under a Letter of Credit or (ii) in the case of the Company) Borrower, a payment of principal, interest or fees to the Administrative Agent for the account of one or more any of the Lenders hereunder (such payment being herein called a "Required Payment"), which notice shall be effective upon receiptLenders, that it does not intend to make the Required Payment to the Administrative Agentsuch payment, the Administrative Agent may assume that the Required Payment such payment has been made and 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 (but shall not be required to), make the amount thereof available to the intended recipient(s) on such dateassumption. If such Lender or the Company (Borrower, as the case may be) , has not in fact made the Required Payment such payment to the Administrative Agent, the recipient(s) recipient of such payment shall, on demanddemand 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 (x) in the Base case of payment by a Lender, the Federal Funds Rate for such dayday or (y) in the case of payment by the Borrower, but in no event the interest rate applicable to exceed the Highest Lawful Raterelevant Loan.

Non-Receipt of Funds by the Administrative Agent. Unless the Administrative Agent shall have has been notified by a Lender or the Company Borrower prior to the date on which a payment such notifying party is scheduled to be made make payment to the Administrative Agent of (in the case of a Lender) the proceeds of a Loan to be made by it hereunder or under a Letter of Credit its Deposit or (in the case of the CompanyBorrower) a payment to the Administrative Agent for the account of the Revolving Loan Lender or one or more of the Lenders hereunder (such payment being herein called a "the “Required Payment"”), which notice shall be effective upon receipt, that it does not intend to make the Required Payment to the Administrative Agent, the Administrative Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient(s) on such date. If date and, if such Lender or the Company Borrower (as the case may be) has not in fact made the Required Payment to the Administrative Agent, the recipient(s) of such payment shall, on demand, 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 until, but excluding, the date the Administrative Agent recovers such amount at a rate per annum which, for any Lender as recipient, will be equal to the Federal Funds Rate, and for the Borrower as recipient, will be equal to the Base Rate for such day, but in no event to exceed plus the Highest Lawful RateApplicable Margin.

Non-Receipt of Funds by the Administrative Agent. Unless the Administrative Agent shall have been notified by a Lender Bank or a Borrower (either one as appropriate being the Company "Payor") prior to the date on which a such Bank is to make payment is scheduled to be made hereunder to the Administrative Agent of (in the case of a Lender) the proceeds of a Loan or such Borrower is to be made by it hereunder or under a Letter of Credit or (in the case of the Company) a make payment to the Administrative Agent for account of one or more of Agent, as the Lenders hereunder case may be (either such payment being herein called a "Required Payment"), which notice shall be effective upon receipt, that it the Payor does not intend to make the Required Payment to the Administrative Agent, the Administrative Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient(s) recipient on such date. If such Lender or date and, if the Company (as the case may be) Payor has not in fact made the Required Payment to the Administrative Agent, the recipient(s) recipient of such payment (and, if such recipient is a Borrower and the Payor Bank fails to pay the amount thereof to the Administrative Agent forthwith upon demand, such Borrower) shall, on demand, repay to the Administrative Agent the amount so made available to it together with interest thereon in respect of each day during for the period commencing on from 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 the Base average daily Federal Funds Rate for such day, but in no event to exceed the Highest Lawful Rateperiod.