Common use of Payments by Borrowers; Presumptions by Administrative Agent Clause in Contracts

Payments by Borrowers; Presumptions by Administrative Agent. Unless the Administrative Agent shall have received notice from the applicable Borrower prior to the date on which any payment is due to the Administrative Agent for the account of any Lender hereunder that the applicable Borrower will not make such payment, the Administrative Agent may assume that the applicable Borrower has made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute the amount due to the Lenders. In such event, if the applicable Borrower has not in fact made such payment, then each of the Lenders severally agrees to repay to the Administrative Agent forthwith on demand the amount so distributed to such Lender with interest thereon, for each day from and including the date such amount is distributed to it to but excluding the date of payment to the Administrative Agent, at a rate determined by the Administrative Agent in accordance with prevailing banking industry practice on interbank compensation.

Appears in 9 contracts

Samples: Credit Agreement (Open Text Corp), Credit Agreement (Open Text Corp), Credit Agreement (Vail Resorts Inc)

AutoNDA by SimpleDocs

Payments by Borrowers; Presumptions by Administrative Agent. Unless the Administrative Agent shall have received notice from the applicable a Borrower prior to the date on which any payment is due to the Administrative Agent for the account of any Lender the Lenders hereunder that the applicable such Borrower will not make such payment, the Administrative Agent may assume that the applicable such Borrower has made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the Lenders the amount due to the Lendersdue. In such event, if the applicable such Borrower has not in fact made such payment, then each of the Lenders severally agrees to repay to the Administrative Agent forthwith on demand the amount so distributed to such Lender Lender, with interest thereon, for each day from and including the date such amount is distributed to it to but excluding the date of payment to the Administrative Agent, at the greater of the Federal Funds Rate and a rate determined by the Administrative Agent in accordance with prevailing banking industry practice rules on interbank compensation.

Appears in 8 contracts

Samples: Credit Agreement (Nicor Inc), Credit Agreement (Northern Illinois Gas Co /Il/ /New/), Credit Agreement (Nicor Inc)

Payments by Borrowers; Presumptions by Administrative Agent. Unless the Administrative Agent shall have received notice from the applicable Borrower prior to the date on which any payment is due to the Administrative Agent for the account of any Lender hereunder that the applicable Borrower will not make such payment, the Administrative Agent may assume that the applicable Borrower has made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute the amount due to the Lenders. In such event, if the applicable Borrower has not in fact made such payment, then each of the Lenders severally agrees to repay to the Administrative Agent forthwith on demand the amount so distributed to such Lender with interest thereon, for each day from and including the date such amount is distributed to it to but excluding the date of payment to the Administrative Agent, at a rate determined by the Administrative Agent in accordance with prevailing banking industry practice on interbank compensation.

Appears in 5 contracts

Samples: Credit Agreement (Open Text Corp), Bridge Loan Agreement (Open Text Corp), Credit Agreement (Open Text Corp)

Payments by Borrowers; Presumptions by Administrative Agent. Unless the Administrative Agent shall have received notice from the applicable Borrower Borrowers prior to the date on which any payment is due to the Administrative Agent for the account of any Lender hereunder that the applicable Borrower Borrowers will not make such payment, the Administrative Agent may assume that the applicable Borrower has Borrowers have made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute the amount due to the Lenders. In such event, if the applicable Borrower has Borrowers have not in fact made such payment, then each of the Lenders severally agrees to repay to the Administrative Agent forthwith on demand the amount so distributed to such Lender with interest thereon, for each day from and including the date such amount is distributed to it to but excluding the date of payment to the Administrative Agent, at a rate determined by the Administrative Agent in accordance with prevailing banking industry practice on interbank compensation.

Appears in 3 contracts

Samples: Credit Agreement (Lithia Motors Inc), Credit Agreement (Lithia Motors Inc), Credit Agreement (Lithia Motors Inc)

Payments by Borrowers; Presumptions by Administrative Agent. Unless the Administrative Agent shall have received notice from the applicable a Borrower prior to the date on which any payment is due to the Administrative Agent for the account of any Lender the Lenders hereunder that the applicable such Borrower will not make such payment, the Administrative Agent may assume that the applicable such Borrower has made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the Lenders the amount due to the Lendersdue. In such event, if the applicable such Borrower has not in fact made such payment, then each of the Lenders severally agrees to repay to the Administrative Agent forthwith on demand the amount so distributed to such Lender Lender, with interest thereon, for each day from and including the date such amount is distributed to it to but excluding the date of payment to the Administrative Agent, at the greater of the Federal Funds Effective Rate and a rate determined by the Administrative Agent in accordance with prevailing banking industry practice rules on interbank compensation.

Appears in 2 contracts

Samples: Credit Agreement (Highland Floating Rate Fund), Credit Agreement (Highland Funds I)

Payments by Borrowers; Presumptions by Administrative Agent. Unless the Administrative Agent shall have received notice from the applicable Borrower Borrowers prior to the date on which any payment is due to the Administrative Agent for the account of any Lender Lenders hereunder that the applicable Borrower Borrowers will not make such payment, the Administrative Agent may assume that the applicable Borrower has Borrowers have made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the Lenders the amount due to the Lendersdue. In such event, if the applicable Borrower has Borrowers have not in fact made such payment, then each of the Lenders severally agrees to repay to the Administrative Agent forthwith on demand the amount so distributed to such Lender Lender, with interest thereon, for each day from and including the date such amount is distributed to it to but excluding the date of payment to the Administrative Agent, at the greater of the Federal Funds Rate and a rate determined by the Administrative Agent in accordance with prevailing banking industry practice rules on interbank compensation.

Appears in 1 contract

Samples: Credit Agreement (RAAM Global Energy Co)

Payments by Borrowers; Presumptions by Administrative Agent. Unless the Administrative Agent shall have received notice from the applicable Borrower Company prior to the date on which any payment is due to the Administrative Agent for the account of any Lender the Lenders hereunder that the applicable a Borrower will not make such payment, the Administrative Agent may assume that the applicable such Borrower has made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the Appropriate Lenders the amount due to the Lendersdue. In such event, if the applicable such Borrower has not in fact made such payment, then each of the Appropriate Lenders severally agrees to repay to the Administrative Agent forthwith on demand the amount so distributed to such Lender Lender, in Same Day Funds with interest thereon, for each day from and including the date such amount is distributed to it to but excluding the date of payment to the Administrative Agent, at a rate determined by the Administrative Agent in accordance with prevailing banking industry practice on interbank compensationOvernight Rate.

Appears in 1 contract

Samples: Credit Agreement (Mohawk Industries Inc)

AutoNDA by SimpleDocs

Payments by Borrowers; Presumptions by Administrative Agent. Unless the Administrative Agent shall have received notice from the applicable Borrower Agent prior to the date on which any payment is due to the Administrative Agent for the account of any Lender the Lenders hereunder that the applicable Borrower Borrowers will not make such payment, the Administrative Agent may assume that the applicable Borrower has Borrowers have made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the Lenders the amount due to the Lendersdue. In such event, if the applicable Borrower has Borrowers have not in fact made such payment, then each of the Lenders Lenders, severally agrees to repay to the Administrative Agent forthwith on demand the amount so distributed to such Lender Lender, with interest thereon, for each day from and including the date such amount is distributed to it to but excluding the date of payment to the Administrative Agent, at the greater of the Federal Funds Effective Rate and a rate determined by the Administrative Agent in accordance with prevailing banking industry practice rules on interbank compensation.

Appears in 1 contract

Samples: Credit Agreement (Arhaus, Inc.)

Payments by Borrowers; Presumptions by Administrative Agent. Unless the Administrative Agent shall have received notice from the applicable Borrower Borrowers prior to the date on which any payment is due to the Administrative Agent for the account of any Lender Lenders or LC Issuer hereunder that the applicable Borrower Borrowers will not make such payment, the Administrative Agent may assume that the applicable Borrower has Borrowers have made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the Lenders or LC Issuer the amount due to the Lendersdue. In such event, if the applicable Borrower has Borrowers have not in fact made such payment, then each of the Lenders or LC Issuer severally agrees to repay to the Administrative Agent forthwith on demand the amount so distributed to such Lender or LC Issuer, with interest thereon, for each day from and including the date such amount is distributed to it to but excluding the date of payment to the Administrative Agent, at the greater of the Federal Funds Rate and a rate determined by the Administrative Agent in accordance with prevailing banking industry practice rules on interbank compensation.

Appears in 1 contract

Samples: Credit Agreement (Windstar Energy, LLC)

Payments by Borrowers; Presumptions by Administrative Agent. Unless the Administrative Agent shall have received notice from the applicable Borrower Borrowers prior to the date on which any payment is due to the Administrative Agent for the account of any Lender Lenders hereunder that the applicable Borrower Borrowers will not make such payment, the Administrative Agent may assume that the applicable Borrower has Borrowers have made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to Lenders the amount due to the Lendersdue. In such event, if the applicable Borrower has Borrowers have not in fact made such payment, then each of the Lenders Lender severally agrees to repay to the Administrative Agent forthwith on demand the amount so distributed to such Lender Lender, with interest thereon, for each day from and including the date such amount is distributed to it to but excluding the date of payment to the Administrative Agent, at the greater of the Federal Funds Rate and a rate determined by the Administrative Agent in accordance with prevailing banking industry practice rules on interbank compensation.

Appears in 1 contract

Samples: Margin Loan Agreement (Blackstone Holdings III L.P.)

Payments by Borrowers; Presumptions by Administrative Agent. Unless the Administrative Agent shall have received notice from the applicable Borrower Borrowers prior to the date on which any payment is due to the Administrative Agent for the account of any Lender Lenders hereunder that the applicable Borrower Borrowers will not make such payment, the Administrative Agent may assume that the applicable Borrower has Borrowers have made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to Lenders the amount due to the Lendersdue. In such event, if the applicable Borrower has Borrowers have not in fact made such payment, then each of the Lenders severally agrees to repay to the Administrative Agent forthwith on demand the amount so distributed to such Lender Lender, with interest thereon, for each day from and including the date such amount is distributed to it to but excluding the date of payment to the Administrative Agent, at the greater of the Federal Funds Effective Rate and a rate determined by the Administrative Agent in accordance with prevailing banking industry practice rules on interbank compensation.

Appears in 1 contract

Samples: Margin Loan Agreement (Blackstone Holdings III L.P.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!