Common use of Obligations of Agent and Lenders Clause in Contracts

Obligations of Agent and Lenders. Each Lender is solely responsible for its Pro Rata Share of each Revolving Credit Loan and Capex Loan and neither Agent nor any Lender shall be responsible for, nor assume any obligations for, the failure of any Lender to make available its Pro Rata Share of any such Revolving Credit Loans or Capex Loans. Should any Lender refuse to make available its Revolving Credit Loans or Capex Loans, then each of the other Lenders may, but without obligation to do so, increase, unilaterally, its portion of the Revolving Credit Loans or Capex Loans in which event the applicable Borrower shall be so obligated to such other Lender. Nothing contained herein shall be deemed to obligate the Agent to make available to the Borrowers the full amount of a requested Revolving Credit Loan or Capex Loan when the Agent has not received any Lender’s Pro Rata Share of such Revolving Credit Loan or Capex Loan or if the Agent otherwise has any notice that any of the Lenders will not advance its Pro Rata Share thereof. The Agent, for the account of the Lenders, shall disburse all Revolving Credit Loans and Capex Loans and shall handle all collections of Collateral and repayment of Obligations. Unless the Agent shall have been notified in writing by any Lender prior to any advance to a Borrower that such Lender will not make the amount which would constitute its share of the borrowing on such date available to the Agent, the Agent may assume that such Lender shall make such amount available to the Agent on a Settlement Date, and the Agent may, in reliance upon such assumption, make available to such Borrower for the benefit of such Borrower a corresponding amount. Absent such notice each Lender’s commitment shall be absolute and unconditional and such Lender shall reimburse the Agent its Pro Rata Share of such borrowing upon demand. A certificate of the Agent submitted to any Lender with respect to any amount owing under this subsection shall be conclusive, absent manifest error. If such Lender’s Pro Rata Share of such borrowing is not in fact made available to the Agent by such Lender on the Settlement Date, the Agent shall be entitled to charge the applicable Borrower’s account with any such amount with interest thereon at the rate per annum applicable to Revolving Credit Loans and/or Capex Loans, as applicable, hereunder, on demand, from the applicable Borrower without prejudice to any rights which the Agent may have against such Lender hereunder. Nothing contained in this subsection shall relieve any Lender which has failed to make available its Pro Rata Share of any borrowing hereunder from its obligation to do so in accordance with the terms hereof. Nothing contained herein shall be deemed to obligate the Agent to make available to the applicable Borrower the full amount of a requested advance when the Agent has not received any Lender’s Pro Rata Share of such Revolving Credit Loan and/or Capex Loan or if the Agent has any notice that any of the Lenders will not advance its Pro Rata Share thereof.

Obligations of Agent and Lenders. Each Lender is solely responsible for its Pro Rata Share of each Revolving Credit Loan and Capex Loan Commitment and neither Agent nor any Lender shall be responsible for, nor assume any obligations for, the failure of any Lender to make available its Pro Rata Share of any such Revolving Credit Loans or Capex Loans. Should any Lender refuse to make available its Revolving Credit Loans or Capex Loans, then each of the other Lenders may, but without obligation to do so, increase, unilaterally, its portion of the Revolving Credit Loans or Capex Loans in which event the applicable Borrower shall be so obligated to such other Lender. Nothing contained herein shall be deemed to obligate the Agent to make available to the Borrowers Borrower the full amount of a requested Revolving Credit Loan or Capex Loan when the Agent has not received any Lender’s 's Pro Rata Share of such Revolving Credit Loan or Capex Loan or if the Agent otherwise has any notice that any of the Lenders will not advance its Pro Rata Share thereof. The Agent, for the account of the Lenders, shall disburse all Revolving Credit Loans and Capex Loans and shall handle all collections of Collateral and repayment of Obligations. It is understood that for purposes of Revolving Credit Loans and for purposes of this Article 3 and prior to settlement among the Lenders on any Settlement Date the Agent is using the funds of CITBC. Unless the Agent shall have been notified in writing by any Lender prior to any advance to a the Borrower that such Lender will not make the amount which would constitute its share of the borrowing on such date available to the Agent, the Agent may assume that such Lender shall make such amount available to the Agent on a Settlement Date, and the Agent may, in reliance upon such assumption, make available to such the Borrower for the benefit of such the Borrower a corresponding amount. Absent such notice each Lender’s 's commitment shall be absolute and unconditional and such Lender shall reimburse the Agent its Pro Rata Share of such borrowing upon demand. A certificate of the Agent submitted to any Lender with respect to any amount owing under this subsection shall be conclusive, absent manifest error. If such Lender’s 's Pro Rata Share of such borrowing is not in fact made available to the Agent by such Lender on the Settlement Date, the Agent shall be entitled to charge the applicable Borrower’s 's account with any such amount with interest thereon at the rate per annum applicable to Revolving Credit Loans and/or Capex Loans, as applicable, hereunder, on demand, from the applicable Borrower without prejudice to any rights which the Agent may have against such Lender hereunder. Nothing contained in this subsection shall relieve any Lender which has failed to make available its Pro Rata Share of any borrowing hereunder from its obligation to do so in accordance with the terms hereof. Nothing contained herein shall be deemed to obligate the Agent to make available to the applicable Borrower the full amount of a requested advance when the Agent has not received any Lender’s 's Pro Rata Share of such Revolving Credit Loan and/or Capex Loan or if the Agent has any notice that any of the Lenders will not advance its Pro Rata Share thereof.

Obligations of Agent and Lenders. Each Lender is solely responsible for its Pro Rata Share of each Revolving Credit Loan and Capex Loan and neither Agent nor any Lender shall be responsible for, nor assume any obligations for, the failure of any Lender to make available its Pro Rata Share of any such Revolving Credit Loans or Capex Loans. Should any Lender refuse to make available its Revolving Credit Loans or Capex Loans, then each of the other Lenders may, but without obligation to do so, increase, unilaterally, its portion of the Revolving Credit Loans or Capex Loans in which event the applicable Borrower shall be so obligated to such other Lender. Nothing contained herein shall be deemed to obligate the Agent to make available to the Borrowers the full amount of a requested Revolving Credit Loan or Capex Loan when the Agent has not received any Lender’s 's Pro Rata Share of such Revolving Credit Loan or Capex Loan or if the Agent otherwise has any notice that any of the Lenders will not advance its Pro Rata Share thereof. The Agent, for the account of the Lenders, shall disburse all Revolving Credit Loans and Capex Loans and shall handle all collections of Collateral and repayment of Obligations. It is understood that for purposes of Revolving Credit Loans and for purposes of this Article 3 and prior to settlement among the Lenders on any Settlement Date the Agent is using the funds of the Initial Lenders. Unless the Agent shall have been notified in writing by any Lender prior to any advance to a Borrower that such Lender will not make the amount which would constitute its share of the borrowing on such date available to the Agent, the Agent may assume that such Lender shall make such amount available to the Agent on a Settlement Date, and the Agent may, in reliance upon such assumption, make available to such Borrower for the benefit of such Borrower a corresponding amount. Absent such notice each Lender’s 's commitment shall be absolute and unconditional and such Lender shall reimburse the Agent its Pro Rata Share of such borrowing upon demand. A certificate of the Agent submitted to any Lender with respect to any amount owing under this subsection shall be conclusive, absent manifest error. If such Lender’s 's Pro Rata Share of such borrowing is not in fact made available to the Agent by such Lender on the Settlement Date, the Agent shall be entitled to charge the applicable Borrower’s 's account with any such amount with interest thereon at the rate per annum applicable to Revolving Credit Loans and/or Capex Loans, as applicable, hereunder, on demand, from the applicable Borrower without prejudice to any rights which the Agent may have against such Lender hereunder. Nothing contained in this subsection shall relieve any Lender which has failed to make available its Pro Rata Share of any borrowing hereunder from its obligation to do so in accordance with the terms hereof. Nothing contained herein shall be deemed to obligate the Agent to make available to the applicable Borrower the full amount of a requested advance when the Agent has not received any Lender’s 's Pro Rata Share of such Revolving Credit Loan and/or Capex Loan or if the Agent has any notice that any of the Lenders will not advance its Pro Rata Share thereof.

Obligations of Agent and Lenders. Each Lender is solely responsible for its Pro Rata Share of each Revolving Credit Loan and Capex Loan and neither Agent nor any Lender shall be responsible for, nor assume any obligations for, the failure of any Lender to make available its Pro Rata Share of any such Revolving Credit Loans or Capex Loans. Should any Lender refuse to make available its Revolving Credit Loans or Capex Loans, then each of the other Lenders may, but without obligation to do so, increase, unilaterally, its portion of the Revolving Credit Loans or Capex Loans in which event the applicable Borrower shall be so obligated to such other Lender. Nothing contained herein shall be deemed to obligate the Agent to make available to the Borrowers the full amount of a requested Revolving Credit Loan or Capex Loan when the Agent has not received any Lender’s Pro Rata Share of such Revolving Credit Loan or Capex Loan or if the Agent otherwise has any notice that any of the Lenders will not advance its Pro Rata Share thereof. The Agent, for the account of the Lenders, shall disburse all Revolving Credit Loans and Capex Loans and shall handle all collections of Collateral and repayment of Obligations. It is understood that for purposes of Revolving Credit Loans and for purposes of this Article 3 and prior to settlement among the Lenders on any Settlement Date the Agent is using the funds of the Initial Lenders. Unless the Agent shall have been notified in writing by any Lender prior to any advance to a Borrower that such Lender will not make the amount which would constitute its share of the borrowing on such date available to the Agent, the Agent may assume that such Lender shall make such amount available to the Agent on a Settlement Date, and the Agent may, in reliance upon such assumption, make available to such Borrower for the benefit of such Borrower a corresponding amount. Absent such notice each Lender’s commitment shall be absolute and unconditional and such Lender shall reimburse the Agent its Pro Rata Share of such borrowing upon demand. A certificate of the Agent submitted to any Lender with respect to any amount owing under this subsection shall be conclusive, absent manifest error. If such Lender’s Pro Rata Share of such borrowing is not in fact made available to the Agent by such Lender on the Settlement Date, the Agent shall be entitled to charge the applicable Borrower’s account with any such amount with interest thereon at the rate per annum applicable to Revolving Credit Loans and/or Capex Loans, as applicable, hereunder, on demand, from the applicable Borrower without prejudice to any rights which the Agent may have against such Lender hereunder. Nothing contained in this subsection shall relieve any Lender which has failed to make available its Pro Rata Share of any borrowing hereunder from its obligation to do so in accordance with the terms hereof. Nothing contained herein shall be deemed to obligate the Agent to make available to the applicable Borrower the full amount of a requested advance when the Agent has not received any Lender’s Pro Rata Share of such Revolving Credit Loan and/or Capex Loan or if the Agent has any notice that any of the Lenders will not advance its Pro Rata Share thereof.

Obligations of Agent and Lenders. Each Lender is solely responsible for its Pro Rata Share of each Revolving Credit Loan and Capex Loan Commitment and neither Agent nor any Lender shall be responsible for, nor assume any obligations for, the failure of any Lender to make available its Pro Rata Share of any such Revolving Credit Loans or Capex Loans. Should any Lender refuse to make available its Revolving Credit Loans or Capex Loans, then each of the other Lenders may, but without obligation to do so, increase, unilaterally, its portion of the Revolving Credit Loans or Capex Loans in which event the applicable Borrower shall be so obligated to such other Lender. Nothing contained herein shall be deemed to obligate the Agent to make available to the Borrowers Borrower the full amount of a requested Revolving Credit Loan or Capex Loan when the Agent has not received any Lender’s 's Pro Rata Share of such Revolving Credit Loan or Capex Loan or if the Agent otherwise has any notice that any of the Lenders will not advance its Pro Rata Share thereof. The Agent, for the account of the Lenders, shall disburse all Revolving Credit Loans and Capex Loans and shall handle all collections of Collateral and repayment of Obligations. It is understood that for purposes of Revolving Credit Loans and for purposes of this Article 3 and prior to settlement among the Lenders on any Settlement Date the Agent is using the funds of CITBC. Unless the Agent shall have been notified in writing by any Lender prior to any advance to a the Borrower that such Lender will not make the amount which would constitute its share of the borrowing on such date available to the Agent, the Agent may assume that such Lender shall make such amount available to the Agent on a Settlement Date, and the Agent may, in reliance upon such assumption, make available to such the Borrower for the benefit of such the Borrower a corresponding amount. Absent such notice each Lender’s 's commitment shall be absolute and unconditional and such Lender shall reimburse the Agent its Pro Rata Share of such borrowing upon demand. A certificate of the Agent submitted to any Lender with respect to any amount owing under this subsection shall be conclusive, absent manifest error. If such Lender’s 's Pro Rata Share of such borrowing is not in fact made available to the Agent by such Lender on the Settlement Date, the Agent shall be entitled to charge the applicable Borrower’s 's account with any such amount with interest thereon at the rate per annum applicable to Revolving Credit Loans and/or Capex Loans, as applicable, hereunder, on demand, from the applicable Borrower without prejudice to any rights which the Agent may have against such Lender hereunder. Nothing contained in this subsection shall relieve any Lender which has failed to make available its Pro Rata Share of any borrowing hereunder from its obligation to do so in accordance with the terms hereof. Nothing contained herein shall be deemed to obligate the Agent to make available to the applicable Borrower the full amount of a requested advance when the Agent has not received any Lender’s 's Pro Rata Share of such Revolving Credit Loan and/or Capex Loan or if the Agent has any notice that any of the Lenders will not advance its Pro Rata Share thereof.