Overnight Lender Funding Failure. In the event the Overnight Lender fails to make any requested Overnight Advance to be made by it on the date specified for such Advance, the Administrative Agent (in that capacity) may, in its sole and absolute discretion and in its role and capacity of the Administrative Agent, advance such funds to Borrower on behalf of such Overnight Lender, notwithstanding limitations, if any, contained herein relating to the Administrative Agent in its role as a Syndication Party, including its Individual 364-Day Commitment or Individual 364-Day Lending Capacity. In the event of any such advance by the Administrative Agent, the Overnight Lender will be treated as a Delinquent Syndication Party under Section 16.4 hereof, and the Administrative Agent will be treated as a Contributing Syndication Party under such Section.
Appears in 2 contracts
Samples: Credit Agreement (CHS Inc), Credit Agreement (Cenex Harvest States Cooperatives)
Overnight Lender Funding Failure. In the event the Overnight Lender fails to make any requested Overnight Advance to be made by it on the date specified for such Advance, the Administrative Agent (in that capacity) may, in its sole and absolute discretion and in its role and capacity of the Administrative Agent, advance such funds to Borrower on behalf of such Overnight Lender, notwithstanding limitations, if any, contained herein relating to the Administrative Agent in its role as a Syndication Party, including its Individual 364-Day Commitment or Individual 364-Day Lending Capacity. In the event of any such advance by the Administrative Agent, the Overnight Lender will be treated as a Delinquent Syndication Party under Section 16.4 14.3 hereof, and the Administrative Agent will be treated as a Contributing Syndication Party under such Section.
Appears in 1 contract
Samples: Credit Agreement (CHS Inc)
Overnight Lender Funding Failure. In the event the Overnight Lender fails to make any requested Overnight Advance to be made by it on the date specified for such Overnight Advance, the Administrative Agent (in that capacity) maywill advance such funds to Borrower, in its sole and absolute discretion and in its role and capacity of as the Administrative Agent, advance such funds to Borrower on behalf of such Overnight Lender, Lender and notwithstanding the limitations, if any, contained herein relating to the Administrative Agent in its role as a Syndication Party, including its Individual 364-Day Commitment or Individual 364-Day Lending Capacity, as applicable. In the event of any such advance by the Administrative Agent, the Overnight Lender will be treated as a Delinquent Syndication Party under Section 16.4 15.4 hereof, and the Administrative Agent will be treated as a Contributing Syndication Party under such Section.
Appears in 1 contract
Overnight Lender Funding Failure. In the event the Overnight Lender fails to make any requested Overnight Advance to be made by it on the date specified for such Advance, the Administrative Agent (in that capacity) may, in its sole and absolute discretion and in its role and capacity of the Administrative Agent, advance such funds to Borrower on behalf of such Overnight Lender, notwithstanding limitations, if any, contained herein relating to the Administrative Agent in its role as a Syndication Party, including its Individual 3645-Day Year Commitment or Individual 3645-Day Year Lending Capacity. In the event of any such advance by the Administrative Agent, the Overnight Lender will be treated as a Delinquent Syndication Party under Section 16.4 15.4 hereof, and the Administrative Agent will be treated as a Contributing Syndication Party under such Section.
Appears in 1 contract
Samples: Credit Agreement (CHS Inc)