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

Non-Receipt of Funds by the Agent. Unless the Borrower or a Lender, as the case may be, notifies the Agent prior to the date on which it is scheduled to make payment to the 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 or interest to the Agent for the account of any Lenders, that it does not intend to make such payment, the Agent may assume that such payment has been made. The

Non-Receipt of Funds by the Agent. Unless the Borrower or a Lender, as the case may be, notifies the Agent prior to the date on which it is scheduled to make payment to the 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 principal, interest or interest fees to the Agent for the account of any the Lenders, that it does not intend to make such payment, the Agent may assume that such payment has been made. Thethat

Non-Receipt of Funds by the Agent. Unless the Borrower or a Lender, as the case may be, notifies the Agent prior to the date on which it is scheduled to make payment to the 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 principal, interest or interest fees to the Agent for the account of any Lenders, that it does not intend to make such payment, the Agent may assume that such payment has been made. Thethe

Non-Receipt of Funds by the Agent. Unless the Borrower or a Lender, as the case may be, notifies the Agent prior to the date on which it is scheduled to make payment to the Agent of (ia) in the case of a Lender, the proceeds of a Loan Loan, or (iib) in the case of the Borrower, a payment of principal principal, interest or interest fees to the Agent for the account of any the Lenders, that it does not intend to make such payment, the Agent may assume that such payment has been made. TheThe 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 the Borrower has not in fact made such

Non-Receipt of Funds by the Agent. Unless the Borrower or a Lender, as the case may be, notifies the Agent prior to the date on which it is scheduled to make payment to the 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 or interest to the Agent for the account of any Lenders, that it does not intend to make such payment, the Agent may assume that such payment has been made. Theprincipal,

Non-Receipt of Funds by the Agent. Unless the Company (on behalf of any Borrower or Borrowers) or a Lender, as the case may be, notifies the Agent prior to the date on which it Lender or a Borrower or Borrowers is scheduled to make payment to the Agent of (ia) in the case of a Lender, the proceeds of a Loan or participation or (iib) in the case of the Borrowera Borrower or Borrowers, a payment of principal principal, interest or interest fees to the Agent for the account of any the Lenders, that it does not intend to make such payment, the Agent may assume that such payment has been made. The95 13483422v8

Non-Receipt of Funds by the Agent. Unless the Borrower Company or a LenderBank, as the case may be, notifies the Agent prior to the date on which it is scheduled to make payment to the Agent of (i) in the case of a LenderBank, the proceeds of a Loan or (ii) in the case of the BorrowerCompany, a payment of principal principal, interest or interest fees to the Agent for the account of any Lendersthe Bank, that it does not intend to make such payment, the Agent may assume that such payment has been made. TheThe Agent may, but shall not be obligated to, make the amount of such payment available to the intended recipient in reliance upon