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 in writing by a Lender prior to the date an Advance is to be made by such Lender (which notice shall be effective upon receipt) that such Lender does not intend to make its portion of such Advance available to the Administrative Agent, the Administrative Agent shall assume that such Lender has made such proceeds available to the Administrative Agent on such date, and the Administrative Agent may in reliance upon such assumption (but shall not be required to) make available to the Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Lender, the Administrative Agent shall be entitled to recover such corresponding amount from such Lender. If such Lender does not pay such corresponding amount forthwith upon the Administrative Agent’s demand therefor, the Administrative Agent will promptly notify the Borrower and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Administrative Agent to the Borrower to the date such corresponding amount is recovered by the Administrative Agent, without duplication, from either the Borrower or such Lender at a per annum rate equal to the then-applicable Yield Rate. A certificate of the Administrative Agent submitted to the Borrower or any Lender with respect to any amount owing under this Section 9.03 shall be conclusive in the absence of manifest error.

Non-Receipt of Funds by the Administrative Agent. (a) Unless the Administrative Agent shall have been notified in writing by a Lender the Borrower, prior to the date an Advance on which any payment is to be made by such Lender due from it hereunder (which notice shall be effective upon receipt) that such Lender the Borrower does not intend to make its portion of such Advance available to the Administrative Agentpayment, the Administrative Agent shall may assume that such Lender the Borrower has made such proceeds available to the Administrative Agent on such datepayment when due, and the Administrative Agent may in reliance upon such assumption (but shall not be required to) make available to each Lender on such payment date an amount equal to the portion of such assumed payment to which such Lender is entitled hereunder, and if the Borrower a corresponding amount. If such corresponding amount is has not in fact made available such payment to the Administrative Agent, such Lender shall, on demand, repay to the Administrative Agent by such Lender, the Administrative Agent shall be entitled amount made available to recover such corresponding amount from such Lender. If such Lender does not pay such corresponding amount forthwith upon the Administrative Agent’s demand therefor, is repaid to the Administrative Agent will promptly notify on a date after the Borrower and the Borrower date such amount was made available to such Lender, such Lender shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover on demand interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Administrative Agent to the Borrower such Lender to the date such corresponding amount is recovered by the Administrative Agent, without duplication, from either the Borrower or such Lender Agent at a per annum rate equal to the then-applicable Yield LIBOR Rate. . (b) A certificate of the Administrative Agent submitted to the Borrower or any Lender with respect to any amount owing under this Section 9.03 2.7 shall be conclusive in the absence of manifest error.

Non-Receipt of Funds by the Administrative Agent. Unless the Administrative Agent shall have been notified in writing by a Lender prior to the date an of any proposed Revolving Credit Advance is to be made by such Lender (which notice shall be effective upon receipt) that such Lender does not intend to make its portion the proceeds of such Revolving Credit Advance available to the Administrative Agent, the Administrative Agent shall may assume that such Lender has made such proceeds available to the Administrative Agent on such date, and the Administrative Agent may in reliance upon such assumption (but shall not be required to) make available to the Borrower Borrowers a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Lender, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Lender. If Lender (or, if such Lender does not fails to pay such corresponding amount forthwith upon such demand, from the Administrative Agent’s demand therefor, the Administrative Agent will promptly notify the Borrower and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover Borrowers) together with interest on such corresponding amount thereon in respect of each day from during the period commencing on the date such corresponding amount was made available by to the Borrowers and ending on (but excluding) the date the Administrative Agent to receives such amount from the Borrower to the date such corresponding amount is recovered by the Administrative AgentLender, without duplication, from either the Borrower or such Lender with interest thereon at a per annum rate equal to the then-applicable Yield lesser of (i) the Highest Lawful Rate or (ii) the Federal Funds Rate. A certificate of the Administrative Agent submitted to the Borrower or any Lender , with respect to any amount owing under this Section 9.03 an Advance to be made in Dollars, or at a per annum rate equal to the lesser of (i) the Highest Lawful Rate or (ii) the Administrative Agent's cost of funds for the Applicable Currency computed on the same basis as regular interest on Advances made hereunder in such Applicable Currency, with respect to an Advance to be made in an Approved Offshore Currency. No Lender shall be conclusive in the absence of manifest errorliable for any other Lender's failure to fund a Revolving Credit Advance hereunder.

Non-Receipt of Funds by the Administrative Agent. (a) Unless the Administrative Agent shall have been notified in writing by a Lender the Borrower, prior to the date an Advance on which any payment is to be made by such Lender due from it hereunder (which notice shall be effective upon receipt) that such Lender the Borrower does not intend to make its portion of such Advance available to the Administrative Agentpayment, the Administrative Agent shall may assume that such Lender Borrower has made such proceeds available to the Administrative Agent on such datepayment when due, and the Administrative Agent may in reliance upon such assumption (but shall not be required to) make available to each Lender on such payment date an amount equal to the portion of such assumed payment to which such Lender is entitled hereunder, and if the Borrower a corresponding amount. If such corresponding amount is has not in fact made available such payment to the Administrative Agent, such Lender shall, on demand, repay to the Administrative Agent by such Lender, the Administrative Agent shall be entitled amount made available to recover such corresponding amount from such Lender. If such Lender does not pay such corresponding amount forthwith upon the Administrative Agent’s demand therefor, is repaid to the Administrative Agent will promptly notify on a date after the Borrower and the Borrower date such amount was made available to such Lender, such Lender shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover on demand interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Administrative Agent to the Borrower to the date such corresponding amount is recovered by the Administrative Agent, without duplication, from either the Borrower or such Lender at a per annum rate equal to, if repaid to the then-applicable Yield Administrative Agent within two (2) days from the date such amount was made available by the Administrative Agent, the Federal Funds Rate and thereafter at a rate equal to the Alternate Base Rate. . (b) A certificate of the Administrative Agent submitted to the Borrower or any Lender with respect to any amount owing under this Section 9.03 2.8 shall be conclusive in the absence of manifest error.

Non-Receipt of Funds by the Administrative Agent. Unless ------------------------------------------------ the Administrative Agent shall have been notified in writing by a Lender prior to no later than the date an Advance is to be made by such Lender (which notice shall be effective upon receipt) that such Lender receives notice of a proposed Revolving Credit Advance from the Administrative Agent pursuant to Section 2.2(e) hereof that such Lender -------------- does not intend to make its portion the proceeds of such Revolving Credit Advance available to the Administrative Agent, the Administrative Agent shall may assume that such Lender has made such proceeds available to the Administrative Agent on such date, and the Administrative Agent may in reliance upon such assumption (but shall not be required to) make available to the Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Lender, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Lender. If Lender (or, if such Lender does not fails to pay such corresponding amount forthwith upon such demand, from the Administrative Agent’s demand therefor, the Administrative Agent will promptly notify the Borrower and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover Borrower) together with interest on such corresponding amount thereon in respect of each day from during the period commencing on the date such corresponding amount was made available by to the Borrower and ending on (but excluding) the date the Administrative Agent to receives such amount from (a) the Borrower to the date such corresponding amount is recovered by the Administrative AgentLender, without duplication, from either the Borrower or such Lender at a per annum rate equal to the then-lesser of (i) the Highest Lawful Rate or (ii) the Federal Funds Rate or (b) the Borrower, at the per annum rate applicable Yield Rateat the time to such Revolving Credit Advance. A certificate of the Administrative Agent submitted Notwithstanding Section 10.1(f), no Lender shall --------------- be liable for any other Lender's failure to the Borrower or any Lender with respect to any amount owing under this Section 9.03 shall be conclusive in the absence of manifest errorfund a Revolving Credit Advance hereunder.

Non-Receipt of Funds by the Administrative Agent. Unless the Administrative Agent shall have been notified in writing by a Lender prior to the date an Initial Advance is to be made by such Lender Date (which notice shall be effective upon receipt) that such Lender does not intend to make its portion the proceeds of such Advance available to the Administrative Agent, the Administrative Agent shall may assume that such Lender has made such proceeds available to the Administrative Agent on such date, and the Administrative Agent may in reliance upon such assumption (but shall not be required to) make available to the Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Lender, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Lender. If Lender (or, if such Lender does not fails to pay such corresponding amount forthwith upon such demand, from the Administrative Agent’s demand therefor, the Administrative Agent will promptly notify the Borrower and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover Borrower) together with interest on such corresponding amount thereon in respect of each day from during the period commencing on the date such corresponding amount was made available by to the Borrower and ending on (but excluding) the date the Administrative Agent to receives such amount from (a) the Borrower to the date such corresponding amount is recovered by the Administrative AgentLender, without duplication, from either the Borrower or such Lender at a per annum rate equal to the then-lesser of (i) the Highest Lawful Rate or (ii) the Federal Funds Rate, or (b) the Borrower, at the per annum rate applicable Yield Rateat the time to such Advance. A certificate of No Lender shall be liable for any other Lender's failure to fund an Advance hereunder. The failure or refusal by any Lender to make available to the Administrative Agent submitted the proceeds of any Advance shall not relieve any Lender from its several obligation hereunder to make its Specified Percentage of any requested Advance available to the Borrower or any Lender with respect to any amount owing under this Section 9.03 shall be conclusive in the absence of manifest errorAdministrative Agent.

Non-Receipt of Funds by the Administrative Agent. Unless the Administrative Agent shall have been notified in writing by a Lender prior to the date an of any proposed Advance is to be made by such Lender (which notice shall be effective upon receipt) that such Lender does not intend to make its portion the proceeds of such Advance available to the Administrative Agent, the Administrative Agent shall may assume that such Lender has made such proceeds available to the Administrative Agent on such date, and the Administrative Agent may in reliance upon such assumption (but shall not be required to) make available to the Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Lender, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Lender. If Lender (or, if such Lender does not fails to pay such corresponding amount forthwith upon such demand, from the Administrative Agent’s demand therefor, the Administrative Agent will promptly notify the Borrower and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover Borrower) together with interest on such corresponding amount thereon in respect of each day from during the period commencing on the date such corresponding amount was made available by to the Borrower and ending on (but excluding) the date the Administrative Agent to receives such amount from (a) the Borrower to the date such corresponding amount is recovered by the Administrative AgentLender, without duplication, from either the Borrower or such Lender at a per annum rate equal to the then-lesser of (i) the Highest Lawful Rate or (ii) the Federal Funds Rate, or (b) the Borrower, at the per annum rate applicable Yield Rateat the time to such Advance. A certificate of No Lender shall be liable for any other Lender's failure to fund an Advance hereunder. The failure or refusal by any Lender to make available to the Administrative Agent submitted the proceeds of any Advance shall not relieve any Lender from its several obligation hereunder to make its Applicable Specified Percentage of any requested Advance available to the Borrower or any Lender with respect to any amount owing under this Section 9.03 shall be conclusive in the absence of manifest errorAdministrative Agent.

Non-Receipt of Funds by the Administrative Agent. Unless the Administrative Agent shall have been notified in writing by a Lender prior to the date an of any proposed Advance is to be made by such Lender (which notice shall be effective upon receipt) that such Lender does not intend to make its portion the proceeds of such Advance available to the Administrative Agent, the Administrative Agent shall may assume that such Lender has made such proceeds available to the Administrative Agent on such date, and the Administrative Agent may in reliance upon such assumption (but shall not be required to) make available to the Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Lender, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Lender. If Lender (or, if such Lender does not fails to pay such corresponding amount forthwith upon such demand, from the Administrative Agent’s demand therefor, the Administrative Agent will promptly notify the Borrower and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover Borrower) together with interest on such corresponding amount thereon in respect of each day from during the period commencing on the date such corresponding amount was made available by to the Borrower and ending on (but excluding) the date the Administrative Agent to receives such amount from (a) the Borrower to the date such corresponding amount is recovered by the Administrative AgentLender, without duplication, from either the Borrower or such Lender at a per annum rate equal to the then-lesser of (i) the Highest Lawful Rate or (ii) the Federal Funds Rate, or (b) the Borrower, at the per annum rate applicable Yield Rateat the time to such Advance. A certificate of No Lender shall be liable for any other Lender's failure to fund an Advance hereunder. The failure or refusal by any Lender to make available to the Administrative Agent submitted the proceeds of any Advance shall not relieve any other Lender from its several obligation hereunder to make its Specified Percentage of any requested Advance available to the Borrower or any Lender with respect to any amount owing under this Section 9.03 shall be conclusive in the absence of manifest errorAdministrative Agent.

Non-Receipt of Funds by the Administrative Agent. Unless the Administrative Agent shall have been notified in writing by a Lender prior to the date an of any proposed Revolving Credit Advance is to be made by such Lender (which notice shall be effective upon receipt) that such Lender does not intend to make its portion the proceeds of such Revolving Credit Advance available to the Administrative Agent, the Administrative Agent shall may assume that such Lender has made such proceeds available to the Administrative Agent on such date, and the Administrative Agent may in reliance upon such assumption (but shall not be required to) make available to the Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Lender, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Lender. If Lender (or, if such Lender does not fails to pay such corresponding amount forthwith upon such demand, from the Administrative Agent’s demand therefor, the Administrative Agent will promptly notify the Borrower and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover Borrower) together with interest on such corresponding amount thereon in respect of each day from during the period commencing on the date such corresponding amount was made available by to the Borrower and ending on (but excluding) the date the Administrative Agent to receives such amount from the Borrower to the date Lender, with interest thereon if paid by such corresponding amount is recovered by the Administrative AgentLender, without duplication, from either the Borrower or such Lender at a per annum rate equal to the then-Federal Funds Rate, and if paid by the Borrower, at the applicable Yield RateBase Rate Basis. A certificate of the Administrative Agent submitted to the Borrower or any No Lender with respect to any amount owing under this Section 9.03 shall be conclusive in the absence of manifest errorliable for any other Lender's failure to fund a Revolving Credit Advance hereunder.