Common use of Payments by Borrowers; Presumptions by Agents Clause in Contracts

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

Payments by Borrowers; Presumptions by Agents. Unless the Applicable applicable Agent shall have received notice from a Borrower prior to the date on which any payment is due to such Agent for the account of any of the Lenders or the applicable L/C Issuers Issuer hereunder that such Borrower will not make such payment, such Agent may assume that such Borrower has made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the applicable Lenders or the L/C Issuer, as the case may be, the amount due. In such event, if such Borrower has not in fact made such payment, then each of the applicable Lenders or such L/C IssuersIssuer, as the case may be, severally agrees to repay to such Agent forthwith on demand the amount so distributed to such Lender or such L/C Issuer, 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 such Agent, at the Overnight Rate. A notice of any either Agent to any Lender, L/C Issuer Lender or Borrower with respect to any amount owing under this subsection (b) shall be conclusive, absent manifest error.

Payments by Borrowers; Presumptions by Agents. Unless the Applicable applicable Agent shall have received notice from a the applicable Borrower prior to the date on which any payment is due to such Agent for the account of any of the applicable Lenders or the applicable L/C Issuers Issuer hereunder that such Borrower will not make such payment, such Agent may assume that such Borrower has made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the applicable Lenders or the applicable L/C Issuer, as the case may be, the amount due. In such event, if such Borrower has not in fact made such payment, then each of the Lender or applicable Lenders or L/C IssuersIssuer, as the case may be, severally agrees to repay to such Agent forthwith on demand the amount so distributed to such Lender or such L/C Issuer, in the same currency and 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 such Agent, at the Overnight Rate. A notice of any by the applicable Agent to any Lender, L/C Issuer Lender or Borrower with respect to any amount owing under this subsection (b) Section 6.8.6 shall be conclusive, absent manifest demonstrable error.

Payments by Borrowers; Presumptions by Agents. Unless the Applicable applicable Agent shall have received notice from a the applicable Borrower prior to the date on which any payment is due to such Agent for the account of any of the applicable Lenders or the applicable L/C Issuers Issuer hereunder that such Borrower will not make such payment, such Agent may assume that such Borrower has made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the applicable Lenders or the applicable L/C Issuer, as the case may be, the amount due. In such event, if such Borrower has not in fact made such payment, then each of the Lender or applicable Lenders or L/C IssuersIssuer, as the case may be, severally agrees to repay to such Agent forthwith on demand the amount so distributed to such Lender or such L/C Issuer, in the same currency and 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 such Agent, at the Overnight Rate. A notice of any by the applicable Agent to any Lender, L/C Issuer Lender or Borrower with respect to any amount owing under this subsection (b) Section 8.8.5 shall be conclusive, absent manifest demonstrable error.

Payments by Borrowers; Presumptions by Agents. Unless the Applicable Administrative Agent shall have received notice from a the applicable Borrower prior to the date on which any payment is due to such Agent for the account of any of the Lenders or the L/C Issuers Issuer hereunder that such Borrower will not make such payment, such the Administrative Agent may assume that such Borrower has made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the applicable Lenders or the L/C Issuer, as the case may be, the amount due. In such event, if such the applicable Borrower has not in fact made such payment, then each of the applicable Lenders or the L/C IssuersIssuer, as the case may be, severally agrees to repay to such the Administrative Agent forthwith on demand the amount so distributed to such Lender or the L/C Issuer, 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 such the Administrative Agent, at the Overnight Rate. A notice of any the Administrative Agent to any Lender, L/C Issuer Lender or 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 Agents. Unless the Applicable applicable Agent shall have received notice from a Borrower the Parent prior to the date on which any payment is due to such Agent for the account of any of the Lenders or the L/C Issuers Issuer hereunder that such Borrower the Borrowers will not make such payment, such the applicable Agent may assume that such Borrower has the Borrowers have made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the applicable Lenders or the L/C Issuer, as the case may be, the amount due. In such event, if such Borrower has the Borrowers have not in fact made such payment, then each of the applicable Lenders or the L/C IssuersIssuer, as the case may be, severally agrees to repay to such the applicable Agent forthwith on demand the amount so distributed to such Lender or the L/C Issuer, in Same Day Funds 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 such Agent, at the Overnight Rategreater 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 any either Agent to any Lender, L/C Issuer Lender or Borrower the Borrowers with respect to any amount owing under this subsection (b) shall be conclusive, absent manifest error.

Payments by Borrowers; Presumptions by Agents. Unless the Applicable Administrative Agent shall have received notice from a the applicable Borrower prior to the date on which any payment is due to such Agent for the account of any of the Lenders or the L/C Issuers Issuer hereunder that such Borrower will not make such payment, such the Administrative Agent may assume that such Borrower Bxxxxxxx has made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the applicable Lenders or the L/C Issuer, as the case may be, the amount due. In such event, if such the applicable Borrower has not in fact made such payment, then each of the applicable Lenders or the L/C IssuersIssuer, as the case may be, severally agrees to repay to such the Administrative Agent forthwith on demand the amount so distributed to such Lender or the L/C Issuer, 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 such the Administrative Agent, at the Overnight Rate. A notice of any the Administrative Agent to any Lender, L/C Issuer Lender or 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 Agents. Unless the Applicable Administrative Agent or Revolver Agent, as applicable, shall have received notice from a Borrower the Borrowers prior to the date on which any payment is due to such the Administrative Agent or Revolver Agent, as applicable, for the account of any of the Lenders or L/C Issuers Lender hereunder that such Borrower the Borrowers will not make such payment, such the Administrative Agent or Revolver Agent, as applicable, may assume that such Borrower has the Borrowers have made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the applicable Lenders or L/C Issuer, as the case may be, the amount due. In such event, if such Borrower has the Borrowers have not in fact made such payment, then each of the applicable Lenders or L/C Issuers, as the case may be, severally agrees to repay to such the Administrative Agent or Revolver Agent, as applicable, forthwith on demand the amount so distributed to such Lender or L/C IssuerLender, in Same Day Funds 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 such the Administrative Agent or Revolver Agent, as applicable, at the Overnight Rategreater 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 any the Administrative Agent to any Lender, L/C Issuer Lender or Borrower the Borrowers with respect to any amount owing under this subsection (b) shall be conclusive, absent manifest error.

Payments by Borrowers; Presumptions by Agents. Unless the Applicable Agent shall have received notice from a the applicable Borrower prior to the date on which any payment is due to such Agent for the account of any of the Lenders or the L/C Issuers Issuer hereunder that such Borrower will not make such payment, such the Applicable Agent may assume that such Borrower has made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the applicable Lenders or the L/C Issuer, as the case may be, the amount due. In such event, if such the applicable Borrower has not in fact made such payment, then each of the applicable Lenders or the L/C IssuersIssuer, as the case may be, severally agrees to repay to such the Applicable Agent forthwith on demand the amount so distributed to such Lender or the L/C Issuer, 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 such the Applicable Agent, at the Overnight Rate. A notice of any the Applicable Agent to any Lender, L/C Issuer Lender or any Borrower with respect to any amount owing under this subsection (bSection 2.12(b) shall be conclusive, absent manifest error.