Common use of Notice to Banks; Funding of Loans Clause in Contracts

Notice to Banks; Funding of Loans. (a) Upon receipt of a Notice of Syndicated Borrowing or a Notice of Money Market Borrowing, the Agent shall promptly notify each Bank of the contents thereof and of such Bank's share (if any) of such Borrowing and such Notice of Borrowing shall not thereafter be revocable by the Borrower. (b) Not later than 1:00 P.M. (New York City time) on the date of each Borrowing (other than a Swingline Borrowing), each Bank participating therein shall (except as provided in subsection (c) of this Section) make available its share of such Borrowing, in Federal or other funds immediately available in New York City, to the Agent at its address specified in or pursuant to Section 9.01. Unless the Agent determines that any applicable condition specified in Article III has not been satisfied (it being understood and agreed that the Swing Line Bank may not unilaterally waive any condition contained in Article III), the Agent will make the funds so received from the Banks, subject to Section 2.01(c), available to the Borrower at the Agent's aforesaid address. Not later than 5:00 P.M. (New York City time) on the date of each Swingline Borrowing, the Swingline Bank shall, unless the Swingline Bank determines that any applicable condition specified in Article III has not been satisfied, make available the amount of such Swingline Borrowing, in Federal or other funds immediately available in New York City, to the Borrower at the Swingline Bank's address specified in or pursuant to Section 9.01. (c) If any Bank makes a new Loan hereunder on a day on which the Borrower is to prepay or repay all or any part of an outstanding Loan from such Bank, such Bank shall apply the proceeds of its new Loan to make such repayment and only an amount equal to the difference (if any) between the amount being borrowed and the amount being prepaid or repaid shall be made available by such Bank to the Agent as provided in subsection (b), or remitted by the Borrower to the Agent as provided in Section 2.13, as the case may be. In such case, the incurrence of such new

Notice to Banks; Funding of Loans. (a) Upon receipt of Promptly after receiving a Notice of Syndicated Borrowing or a Notice of Money Market Borrowing, the Administrative Agent shall promptly notify each Bank of the contents thereof and of such Bank's ’s share (if any) of such Borrowing and such Notice of Borrowing shall not thereafter be revocable by the Borrower. (b) Not later than 1:00 P.M. (New York City time) on the date of each Borrowing (other than a Swingline Borrowing), each Bank participating therein shall (except as provided in subsection (c) of this Section) make available its share of such Borrowing, in Federal or other funds immediately available in New York City, to the Administrative Agent at its address specified referred to in or pursuant to Section 9.0111.01. Unless the Administrative Agent determines that any applicable condition specified in Article III 3 has not been satisfied (it being understood and agreed that the Swing Line Bank may not unilaterally waive any condition contained in Article III)satisfied, the Administrative Agent will make the funds so received from the Banks, subject to Section 2.01(c), Banks available to the Borrower at the Administrative Agent's aforesaid address. Not later than 5:00 P.M. (New York City timec) Unless the Administrative Agent shall have received notice from a Bank before the date of any Borrowing that such Bank will not make available to the Administrative Agent such Bank's share of such Borrowing, the Administrative Agent may assume that such Bank has made such share available to the Administrative Agent on the date of each Swingline Borrowingsuch Borrowing in accordance with subsection (b) of this Section and the Administrative Agent may, the Swingline Bank shall, unless the Swingline Bank determines that any applicable condition specified in Article III has not been satisfiedreliance upon such assumption, make available the amount of such Swingline Borrowing, in Federal or other funds immediately available in New York City, to the Borrower at on such date a corresponding amount. If and to the Swingline Bank's address specified in or pursuant extent that such Bank shall not have so made such share available to Section 9.01. (c) If any Bank makes a new Loan hereunder on a day on which the Borrower is to prepay or repay all or any part of an outstanding Loan from such BankAdministrative Agent, such Bank and, if such Bank shall apply have failed to do so within three Domestic Business Days of demand therefor by the proceeds of its new Loan Administrative Agent, the Borrower severally agree to make such repayment and only an amount equal repay to the difference (if any) between Administrative Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date such amount being borrowed and is made available to the Borrower until the date such amount being prepaid or is repaid to the Administrative Agent, at the Federal Funds Rate. If such Bank shall repay to the Administrative Agent such corresponding amount, such amount so repaid shall be made available by constitute such Bank to the Agent as provided Bank's Loan included in subsection (b), or remitted by the Borrower to the Agent as provided in Section 2.13, as the case may besuch Borrowing for purposes of this Agreement. In such case, the incurrence of such newSECTION 2.5.

Notice to Banks; Funding of Loans. (a) Upon receipt of a Notice of Syndicated Borrowing or a Notice of Money Market Borrowing, the Servicing Agent shall promptly notify each Bank of the contents thereof and of such Bank's share (if any) of such Borrowing and such Notice of Borrowing shall not thereafter be revocable by the Borrower. (b) Not later than 1:00 P.M. 12:00 Noon (New York City time) on the date of each Borrowing (other than a Swingline Borrowing), each Bank participating therein shall (except as provided in subsection (c) of this Section) make available its share of such Borrowing, in Federal or other funds immediately available in New York City, to the Servicing Agent at its address specified in or pursuant to Section 9.01. Unless the Servicing Agent determines that any applicable condition specified in Article III 3 has not been satisfied (it being understood and agreed that the Swing Line Bank may not unilaterally waive any condition contained in Article III)satisfied, the Servicing Agent will make the funds so received from the Banks, subject to Section 2.01(c), Banks available to the Borrower at the Servicing Agent's aforesaid address. Not later than 5:00 P.M. (New York City timec) Unless the Servicing Agent shall have received notice from a Bank prior to the date of any Borrowing that such Bank will not make available to the Servicing Agent such Bank's share of such Borrowing, the Servicing Agent may assume that such Bank has made such share available to the Servicing Agent on the date of each Swingline Borrowingsuch Borrowing in accordance with subsection (b) of this Section 2.04 and the Servicing Agent may, the Swingline Bank shall, unless the Swingline Bank determines that any applicable condition specified in Article III has not been satisfiedreliance upon such assumption, make available the amount of such Swingline Borrowing, in Federal or other funds immediately available in New York City, to the Borrower on such date a corresponding amount. If and to the extent that such Bank shall not have so made such share available to the Servicing Agent, such Bank and the Borrower severally agree to repay to the Servicing Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date such amount is made available to the Borrower until the date such amount is repaid to the Servicing Agent, at (i) in the Swingline Bank's address specified in or case of the Borrower, a rate per annum equal to the higher of the Federal Funds Rate and the interest rate applicable thereto pursuant to Section 9.01. 2.07 and (cii) If any Bank makes a new Loan hereunder on a day on which in the Borrower is to prepay or repay all or any part case of an outstanding Loan from such Bank, the Federal Funds Rate. If such Bank shall apply the proceeds of its new Loan to make such repayment and only an amount equal repay to the difference (if any) between the Servicing Agent such corresponding amount, such amount being borrowed and the amount being prepaid or so repaid shall be made available by constitute such Bank to the Agent as provided Bank's Loan included in subsection (b), or remitted by the Borrower to the Agent as provided in such Borrowing for purposes of this Agreement. Section 2.13, as the case may be. In such case, the incurrence of such new2.05.

Notice to Banks; Funding of Loans. (a) Upon receipt of a Notice of Syndicated Borrowing or a Notice of Money Market Borrowing, the Servicing Agent shall promptly notify each Bank of the contents thereof and of such Bank's share (if any) of such Borrowing and such Notice of Borrowing shall not thereafter be revocable by the Borrower. (b) Not later than 1:00 2:00 P.M. (New York City time) on the date of each Borrowing (other than a Swingline Borrowing), each Bank participating therein shall (except as provided in subsection (c) of this Section) make available its share of such Borrowing, in Federal or other funds immediately available in New York City, to the Servicing Agent at its address specified in or pursuant to Section 9.01. Unless the Servicing Agent determines that any applicable condition specified in Article III 3 has not been satisfied (it being understood and agreed that the Swing Line Bank may not unilaterally waive any condition contained in Article III)satisfied, the Servicing Agent will make the funds so received from the Banks, subject to Section 2.01(c), Banks available to the Borrower at the Servicing Agent's aforesaid address. Not later than 5:00 P.M. (New York City timec) Unless the Servicing Agent shall have received notice from a Bank prior to the date of any Borrowing that such Bank will not make available to the Servicing Agent such Bank's share of such Borrowing, the Servicing Agent may assume that such Bank has made such share available to the Servicing Agent on the date of each Swingline Borrowingsuch Borrowing in accordance with subsection (b) of this Section 2.04 and the Servicing Agent may, the Swingline Bank shall, unless the Swingline Bank determines that any applicable condition specified in Article III has not been satisfiedreliance upon such assumption, make available the amount of such Swingline Borrowing, in Federal or other funds immediately available in New York City, to the Borrower on such date a corresponding amount. If and to the extent that such Bank shall not have so made such share available to the Servicing Agent, such Bank and the Borrower severally agree to repay to the Servicing Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date such amount is made available to the Borrower until the date such amount is repaid to the Servicing Agent, at (i) in the Swingline Bank's address specified in or case of the Borrower, a rate per annum equal to the higher of the Federal Funds Rate and the interest rate applicable thereto pursuant to Section 9.01. 2.07 and (cii) If any Bank makes a new Loan hereunder on a day on which in the Borrower is to prepay or repay all or any part case of an outstanding Loan from such Bank, the Federal Funds Rate. If such Bank shall apply the proceeds of its new Loan to make such repayment and only an amount equal repay to the difference (if any) between the Servicing Agent such corresponding amount, such amount being borrowed and the amount being prepaid or so repaid shall be made available by constitute such Bank to the Agent as provided Bank's Loan included in subsection (b), or remitted by the Borrower to the Agent as provided in such Borrowing for purposes of this Agreement. Section 2.13, as the case may be. In such case, the incurrence of such new2.05.

Notice to Banks; Funding of Loans. (a) Upon receipt of a Notice of Syndicated Borrowing or a Notice of Money Market Borrowing, the Administrative Agent shall promptly notify each Bank of the contents thereof and of such Bank's share (if any) of such Borrowing and such Notice of Borrowing shall not thereafter be revocable by the Borrower. (b) Not later than 1:00 P.M. (New York City time) on the date of each Borrowing (other than a Swingline Borrowing), each Bank participating therein shall (except as provided in subsection (c) of this Section) make available its share of such Borrowing, in Federal or other funds immediately available in New York City, to the Administrative Agent at its address specified in or pursuant to Section 9.01. Unless the Administrative Agent determines that any applicable condition specified in Article III 3 has not been satisfied (it being understood and agreed that the Swing Line Bank may not unilaterally waive any condition contained in Article III)satisfied, the Administrative Agent will make the funds so received from the Banks, subject to Section 2.01(c), Banks available to the Borrower at the Administrative Agent's aforesaid address. Not later than 5:00 P.M. (New York City time) on the date of each Swingline Borrowing, the Swingline Bank shall, unless the Swingline Bank determines that any applicable condition specified in Article III has not been satisfied, make available the amount of such Swingline Borrowing, in Federal or other funds immediately available in New York City, to the Borrower at the Swingline Bank's address specified in or pursuant to Section 9.01. (c) If any Bank makes a new Loan hereunder on a day on which the Borrower is to prepay or repay all or any part of an outstanding Loan from such Bank, such Bank shall apply the proceeds of its new Loan to make such repayment and only an amount equal to the difference (if any) between the amount being borrowed and the amount being prepaid or repaid shall be made available by such Bank to the Administrative Agent as provided in subsection (b), or remitted by the Borrower to the Administrative Agent as provided in Section 2.13, as the case may be. In (d) Unless the Administrative Agent shall have been notified by any Bank prior to the date of Borrowing (or prior to 1:00 P.M. (New York City time) on the date of Borrowing in the case of a Base Rate Borrowing) that such caseBank does not intend to make available to the Administrative Agent such Bank's portion of the Borrowing to be made on such date, the incurrence Administrative Agent may assume that such Bank has made such amount available to the Administrative Agent on such date and the Administrative Agent may, in reliance upon such assumption, make available to the Borrower a corresponding amount, subject to the provisions of subsection (c). If such newcorresponding amount is not in fact made available to the Administrative Agent by such Bank, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the Borrower and the Borrower shall promptly pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover from such Bank or the Borrower 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, at a rate per annum equal to (x) in the case of a Bank, the Federal Funds Rate for each such day and (y) in the case of the Borrower, the then applicable rate for Base Rate Loans, Euro-Dollar Loans or Money Market Loans, as appropriate. Nothing herein shall be deemed to relieve any Bank from its obligation to fulfill its Commitment hereunder or to prejudice any rights which the Borrower may have against any Bank as a result of any default by such Bank hereunder. For purposes 20

Notice to Banks; Funding of Loans. (a) Upon receipt of a Notice of Syndicated Borrowing or a Notice of Money Market Borrowing, the Agent shall promptly notify each Bank of the contents thereof and of such Bank's ’s share (if any) of such Borrowing Borrowing, and such Notice if no timely notice of Borrowing shall not thereafter be revocable a conversion or continuation is provided by the Borrower, the 13 Agent shall notify each Bank of the details of any automatic conversion to Euro-Dollar Loans having an Interest Period of one (1) month described in Section 2.02(a). (b) Not later than 1:00 3:00 P.M. (New York City time) on the date of each Borrowing (other than a Swingline Borrowing), each Bank participating therein shall (except as provided in subsection (c) of this SectionSection 2.03) make available its share of such Borrowing, in Federal or other funds immediately available in New York Cityfunds, to the Agent at its address specified referred to in or pursuant to Section 9.01. Unless the Agent determines that any applicable condition specified in Article III 3 has not been satisfied (it being understood and agreed that the Swing Line Bank may not unilaterally waive any condition contained in Article III)satisfied, the Agent will make the funds so received from the Banks, subject to Section 2.01(c), Banks available to the Borrower at the Agent's ’s aforesaid address. Not later than 5:00 P.M. (New York City timec) Unless the Agent shall have received notice from a Bank prior to the date of any Borrowing that such Bank will not make available to the Agent such Bank’s share of such Borrowing, the Agent may assume that such Bank has made such share available to the Agent on the date of each Swingline Borrowingsuch Borrowing in accordance with subsection (b) of this Section 2.03 and the Agent may, the Swingline Bank shall, unless the Swingline Bank determines that any applicable condition specified in Article III has not been satisfiedreliance upon such assumption, make available the amount of such Swingline Borrowing, in Federal or other funds immediately available in New York City, to the Borrower on such date a corresponding amount. If and to the extent that such Bank shall not have so made such share available to the Agent, such Bank and the Borrower severally agree to repay to the Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date such amount is made available to the Borrower until the date such amount is repaid to the Agent, at (i) in the Swingline Bank's address specified in case of the Borrower, a rate per annum equal to the higher of the Federal Funds Rate or the interest rate applicable thereto pursuant to Section 9.01. 2.06 and (cii) If any Bank makes a new Loan hereunder on a day on which in the Borrower is to prepay or repay all or any part case of an outstanding Loan from such Bank, the Federal Funds Rate. If such Bank shall apply the proceeds of its new Loan to make such repayment and only an amount equal to the difference (if any) between the amount being borrowed and the amount being prepaid or repaid shall be made available by such Bank repay to the Agent as provided such corresponding amount, such amount so repaid shall constitute such Bank’s Loan included in subsection (b)such Borrowing for purposes of this Agreement. The failure of any Bank to make available its share of any Borrowing shall not relieve any other Bank of its corresponding obligation to do so on the date when due, or remitted by and no Bank shall be responsible for the Borrower failure of any other Bank to the Agent as provided in so make its share available. Section 2.13, as the case may be. In such case, the incurrence of such new2.04

Notice to Banks; Funding of Loans. (a) Upon receipt of a Notice of Syndicated Borrowing or a Notice of Money Market Borrowing, the Agent shall promptly notify each Bank of the contents thereof and of such Bank's share (if any) of such Borrowing and such Notice of Borrowing shall not thereafter be revocable by the Borrower. (b) Not later than 1:00 P.M. 2:00 p.m. (New York City time) on the date of each Borrowing (other than a Swingline Borrowing), each Bank participating therein shall (except as provided in subsection (c) of this Section) make available its share of such Borrowing, in Federal or other funds immediately available in New York City, to the Agent at its address specified referred to in or pursuant to Section 9.019.1. Unless the Agent determines that any applicable condition specified in Article III 3 has not been satisfied (it being understood and agreed that the Swing Line Bank may not unilaterally waive any condition contained in Article III)satisfied, the Agent will make the funds so received from the Banks, subject to Section 2.01(c), Banks available to the Borrower at the Agent's aforesaid address. Not later than 5:00 P.M. (New York City timec) Unless the Agent shall have received notice from a Bank prior to the date of any Borrowing that such Bank will not make available to the Agent such Bank's share of such Borrowing, the Agent may assume that such Bank has made such share available to the Agent on the date of each Swingline Borrowingsuch Borrowing in accordance with subsection (b) of this Section and the Agent may, the Swingline Bank shall, unless the Swingline Bank determines that any applicable condition specified in Article III has not been satisfiedreliance upon such assumption, make available to the amount of Borrower on such Swingline Borrowingdate a corresponding amount. If and to the extent that such Bank shall not have so made such share available to the Agent, in Federal or other funds immediately available in New York Citysuch Bank and, to the extent such Bank has failed to do so within three Domestic Business Days of demand therefor by the Agent, the Borrower severally agree to repay to the Agent forthwith on demand such corresponding amount (together with interest thereon), for each day from the date such amount is made available to the Borrower until the date such amount is repaid to the Agent, at (i) in the Swingline Bank's address specified in or case of the Borrower, a rate per annum equal to the higher of the Federal Funds Rate and the interest rate applicable thereto pursuant to Section 9.012.7 and (ii) in the case of such Bank, the Federal Funds Rate. If such Bank shall repay to the Agent such corresponding amount, such amount so repaid shall constitute such Bank's Loan included in such Borrowing for purposes of this Agreement. If the Borrower shall repay to the Agent such corresponding amount, such Bank's Loan included in such Borrowing shall be deemed not to have been made. This subsection (c) If shall not limit any Bank makes a new Loan hereunder on a day on which right of the Borrower is pursuant to prepay or repay all or any part of an outstanding Loan from such Bank, such Bank shall apply the proceeds of its new Loan to make such repayment and only an amount equal to the difference (if any) between the amount being borrowed and the amount being prepaid or repaid shall be made available by such Bank to the Agent as provided in subsection (b), or remitted by the Borrower to the Agent as provided in Section 2.13, as the case may be8.6. In such case, the incurrence of such newSECTION 2.5.

Notice to Banks; Funding of Loans. (a) Upon receipt of a Notice of Syndicated Borrowing or a Notice of Money Market Borrowing, the Administrative Agent shall promptly notify each Bank of the contents thereof and of such Bank's share (if any) of such Borrowing and such Notice of Borrowing shall not thereafter be revocable by the Borrower. (b) Not later than 1:00 P.M. (New York City time) on the date of each Borrowing (other than a Swingline Borrowing), each Bank participating therein shall (except as provided in subsection (c) of this Section) make available its share of such Borrowing, in Federal or other funds immediately available in New York City, to the Administrative Agent at its address specified in or pursuant to Section 9.01. Unless the Administrative Agent determines that any applicable condition specified in Article III 3 has not been satisfied (it being understood and agreed that the Swing Line Bank may not unilaterally waive any condition contained in Article III)satisfied, the Administrative Agent will make the funds so received from the Banks, subject to Section 2.01(c), Banks available to the Borrower at the Administrative Agent's aforesaid address. Not later than 5:00 P.M. (New York City time) on the date of each Swingline Borrowing, the Swingline Bank shall, unless the Swingline Bank determines that any applicable condition specified in Article III has not been satisfied, make available the amount of such Swingline Borrowing, in Federal or other funds immediately available in New York City, to the Borrower at the Swingline Bank's address specified in or pursuant to Section 9.01. (c) If any Bank makes a new Loan hereunder on a day on which the Borrower is to prepay or repay all or any part of an outstanding Loan from such Bank, such Bank shall apply the proceeds of its new Loan to make such repayment and only an amount equal to the difference (if any) between the amount being borrowed and the amount being prepaid or repaid shall be made available by such Bank to the Administrative Agent as provided in subsection (b), or remitted by the Borrower to the Administrative Agent as provided in Section 2.13, as the case may be. In (d) Unless the Administrative Agent shall have been notified by any Bank prior to the date of Borrowing (or prior to 1:00 P.M. (New York City time) on the date of Borrowing in the case of a Base Rate Borrowing) that such caseBank does not intend to make available to the Administrative Agent such Bank's portion of the Borrowing to be made on such date, the incurrence Administrative Agent may assume that such Bank has made such amount available to the Administrative Agent on such date and the Administrative Agent may, in reliance upon such assumption, make available to the Borrower a corresponding amount, subject to the provisions of subsection (c). If such newcorresponding amount is not in fact made available to the Administrative Agent by such Bank, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the Borrower and the Borrower shall promptly pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover from such Bank or the Borrower 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, at a rate per annum equal to (x) in the case of a Bank, the Federal Funds Rate for each such day and (y) in the case of the Borrower, the then applicable rate for Base Rate Loans, Euro-Dollar Loans or Money Market Loans, as appropriate. Nothing herein shall be deemed to relieve any Bank from its obligation to fulfill its Commitment hereunder or to prejudice any rights which the Borrower may have against any Bank as a result of any default by such Bank hereunder. For purposes 19