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 Borrowers prior to the date on which any payment is due to the Administrative Agent for the account of the Term Lenders hereunder that the Borrowers will not make such payment, the Administrative Agent may assume that the Borrowers have made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the Term Lenders, as the case may be, the amount due. In such event, if the Borrowers have not in fact made such payment, then each of the Term Lenders severally agrees to repay to the Administrative Agent forthwith on demand the amount so distributed to such Term Lender, in immediately available 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 the greater of the Federal Funds Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation. A notice of the Administrative Agent to any Term Lender or the Borrowers with respect to any amount owing under this subsection (b) shall be conclusive, absent manifest error.

Payments by Borrowers; Presumptions by Administrative Agent. Unless the Administrative Agent shall have received notice from the Borrowers prior to the date on which any payment is due to the Administrative Agent for the account of the Term Lenders hereunder that the Borrowers will not make such payment, the Administrative Agent may assume that the Borrowers have has made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the Term Lenders, as the case may be, the amount due. In such event, if the Borrowers have not in fact made such payment, then each of the Term Lenders Lenders, as the case may be, severally agrees to repay to the Administrative Agent forthwith on demand the amount so distributed to such Term Lender, in immediately available 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 the greater of the Federal Funds Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation. A notice of the Administrative Agent to any Term Lender or the Borrowers with respect to any amount owing under this subsection (b) shall be conclusive, absent manifest error.

Payments by Borrowers; Presumptions by Administrative Agent. Unless the Administrative Agent shall have received notice from the Borrowers a Borrower prior to the date on time at which any payment is due to the Administrative Agent for the account of the Term Lenders or the L/C Issuer hereunder that the Borrowers such Borrower will not make such payment, the Administrative Agent may assume that the Borrowers have such Borrower has made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the Term Lenders, as the case may be, Appropriate Lenders the amount due. In such event, if the Borrowers have applicable Borrower has not in fact made such payment, then each of the Term Appropriate Lenders severally agrees to repay to the Administrative Agent forthwith on demand the amount so distributed to such Term Appropriate Lender, in immediately available 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 the greater of the Federal Funds Effective Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation. A notice of the Administrative Agent to any Term Lender Lender, the L/C Issuer or the Borrowers Holdings with respect to any amount owing under this subsection (b) shall be conclusive, absent manifest error.

Payments by Borrowers; Presumptions by Administrative Agent. Unless the Administrative Agent shall have received notice from the Borrowers applicable Borrower, prior to the date on which any payment is due to the Administrative Agent for the account of the Term Lenders hereunder hereunder, that the Borrowers such Borrower will not make such payment, the Administrative Agent may assume that the Borrowers have such Borrower has made such payment on such date in accordance herewith herewith, and may, in reliance upon such assumption, distribute to the Term Lenders, as the case may be, Lenders the amount due. In such event, if the Borrowers have not applicable Borrower has not, in fact fact, made such payment, then each of the Term Lenders severally agrees to repay to the Administrative Agent Agent, forthwith on demand demand, the amount so distributed to such Term Lender, Lender in immediately available funds funds, with interest thereon, thereon for each day from from, and including including, the date on which such amount is distributed to it to to, but excluding excluding, the date of payment to the Administrative Agent, at the greater of of: (A) the Federal Funds Rate Rate; and (B) a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation. A notice of the Administrative Agent to any Term Lender or the Borrowers applicable Borrower with respect to any amount owing under this subsection clause (b) shall be conclusive, absent manifest error.

Payments by Borrowers; Presumptions by Administrative Agent. Unless the Administrative Agent shall have received notice from the Borrowers prior to the date on which any payment is due to the Administrative Agent for the account of the Term Lenders or Swingline Lender hereunder that the Borrowers will not make such payment, the Administrative Agent may assume that the Borrowers have made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the Term Lenders, as the case may be, Lenders or Swingline Lender the amount due. In such event, if the Borrowers have not in fact made such payment, then each of the Term Lenders and the Swingline Lender severally agrees agree to repay to the Administrative Agent forthwith on demand the amount so distributed to such Term Lender or Swingline Lender, in immediately available 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 the greater of the Federal Funds Effective Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation. A notice of the Administrative Agent to any Term Lender or Swingline Lender or the Borrowers with respect to any amount owing under this subsection subsections (a) and (b) of this Section shall be conclusive, absent manifest error.

Payments by Borrowers; Presumptions by Administrative Agent. Unless the Administrative Agent shall have received notice from the Borrowers Administrative Borrower prior to the date on time at which any payment is due to the Administrative Agent for the account of the Term Lenders hereunder that the Borrowers will not make such payment, the Administrative Agent may assume that the Borrowers have made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the Term Appropriate Lenders, as the case may be, the amount due. In such event, if the Borrowers have not in fact made such payment, then each of the Term Lenders Appropriate Lenders, as the case may be, severally agrees to repay to the Administrative Agent forthwith on demand the amount so distributed to such Term Lender, in immediately available 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 the greater of the Federal Funds Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation. A notice of the Administrative Agent to any Term Lender or the Borrowers with respect to any amount owing under this subsection (b) shall be conclusive, absent manifest error.

Payments by Borrowers; Presumptions by Administrative Agent. Unless the Administrative Agent shall have received notice from the Borrowers prior to the date on which any payment is due to the Administrative Agent for the account of the Term Lenders hereunder that the Borrowers will not make such payment, the Administrative Agent may assume that the Borrowers have made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the Term Lenders, as the case may be, the amount due. In such event, if the Borrowers have not in fact made such payment, then each of the Term Lenders Lenders, as the case may be, severally agrees to repay to the Administrative Agent forthwith on demand the amount so distributed to such Term Lender, in immediately available 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 the greater of the Federal Funds Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation. A notice of the Administrative Agent to any Term Lender or the Borrowers with respect to any amount owing under this subsection (b) shall be conclusive, absent manifest error.

Payments by Borrowers; Presumptions by Administrative Agent. Unless the Administrative Agent shall have received notice from the Borrowers a Borrower prior to the date on time at which any payment is due to the Administrative Agent for the account of the Term Lenders or the L/C Issuers hereunder that the Borrowers such Borrower will not make such payment, the Administrative Agent may assume that the Borrowers have such Borrower has made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the Term Lenders, as the case may be, Appropriate Lenders the amount due. In such event, if the Borrowers have such Borrower has not in fact made such payment, then each of the Term Appropriate Lenders severally agrees to repay to the Administrative Agent forthwith on demand the amount so distributed to such Term LenderLender or such L/C Issuer, in immediately available 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 the greater of the Federal Funds Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation. A notice of the Administrative Agent to any Term Lender or the Borrowers with respect to any amount owing under this subsection (b) shall be conclusive, absent manifest error.

Payments by Borrowers; Presumptions by Administrative Agent. Unless the Administrative Agent shall have received notice from the Borrowers a Borrower prior to the date on which any payment is due to the Administrative Agent for the account of the Term Lenders or any L/C Issuer hereunder that the Borrowers such Borrower will not make such payment, the Administrative Agent may assume that the Borrowers have such Borrower has made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the Term Lenders, as the case may be, the amount due. In such event, if the Borrowers have 62 #94834708v14 CHAR1\1986310v1 (1) a Borrower has not in fact made such payment; (2) the Administrative Agent has made a payment in excess of the amount so paid by a Borrower (whether or not then owed); or (3) the Administrative Agent has for any reason otherwise erroneously made such payment, then each of the Term Lenders or the applicable L/C Issuer, as the case may be, severally agrees to repay to the Administrative Agent forthwith on demand the amount Rescindable Amount so distributed to such Term LenderLender or such L/C Issuer, in immediately available 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 the greater of the Federal Funds Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation. A notice of the Administrative Agent to any Term Lender or the Borrowers any Borrower with respect to any amount owing under this subsection (bSection 2.12(b) shall be conclusive, absent manifest error.

Payments by Borrowers; Presumptions by Administrative Agent. Unless the Administrative Agent shall have received notice from the Borrowers prior to the date on which any payment is due to the Administrative Agent for the account of the Term Lenders hereunder that the Borrowers will not make such payment, the Administrative Agent may assume that the Borrowers have made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the Term Lenders, as Lender in the case may be, relevant Approved Currency the amount due. In such event, if the Borrowers have not in fact made such payment, then each of the Term Lenders severally agrees to repay to the Administrative Agent in the relevant Approved Currency forthwith on demand the amount so distributed to such Term Lender, in immediately available 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 the greater of the Federal Funds Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation. A notice of the Administrative Agent to any Term Lender or the Borrowers with respect to any amount owing under this subsection (b) shall be conclusive, absent manifest error.

Payments by Borrowers; Presumptions by Administrative Agent. Unless the Administrative Agent shall have received notice from the Borrowers prior to the date on which any payment is due to the Administrative Agent for the account of the Term Lenders or L/C Issuer hereunder that the Borrowers will not make such payment, the Administrative Agent may assume that the Borrowers have made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the Term LendersLenders or L/C Issuer, as the case may be, the amount due. In such event, if the Borrowers have not in fact made such payment, then each of Lenders or the Term Lenders L/C Issuer, as the case may be, severally agrees to repay to the Administrative Agent forthwith on demand the amount so distributed to such Term LenderLender or L/C Issuer, in immediately available 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 the greater of the Federal Funds Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation. A notice of the Administrative Agent to any Term Lender or the Borrowers with respect to any amount owing under this subsection (b) shall be conclusive, absent manifest error.

Payments by Borrowers; Presumptions by Administrative Agent. Unless the Administrative Agent shall have received written notice from the Borrowers any Borrower prior to the date on which any payment is due to the Administrative Agent for the account of the Term Lenders hereunder that the such Borrowers will not make such payment, the Administrative Agent may assume that the such Borrowers have made such payment on such date in accordance herewith and maymay (but is not obligated to do so), in reliance upon such assumption, distribute to the Term Lenders, as the case may be, the amount due. In such event, if the Borrowers any Borrower have not in fact made such payment, then each of the Term Lenders severally agrees to repay to the Administrative Agent forthwith on demand the amount so distributed to such Term Lender, in immediately available 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 the greater of the Federal Funds Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation. A notice of the Administrative Agent to any Term Lender or the Borrowers with respect to any amount owing under this subsection (b) shall be conclusive, absent manifest error.