Payments by the Borrowers; Presumptions by the Administrative Agent. Unless the Administrative Agent shall have received notice from the Company prior to the time at which any payment is due to the Administrative Agent for the account of the Lenders or the Applicable L/C Issuer 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 to the Appropriate Lenders or the Applicable L/C Issuer, as the case may be, the amount due. In such event, if the applicable Borrower has not in fact made such payment, then each of the Appropriate 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 so distributed to such Lender or the Applicable 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 the Administrative Agent, at the Overnight Rate. A notice of the Administrative Agent to any Lender or the Company with respect to any amount owing under this subsection (b) shall be conclusive, absent manifest error.
Appears in 4 contracts
Samples: Credit Agreement (SS&C Technologies Holdings Inc), Credit Agreement (SS&C Technologies Holdings Inc), Credit Agreement (SS&C Technologies Holdings Inc)
Payments by the Borrowers; Presumptions by the Administrative Agent. Unless the Administrative Agent shall have received notice from the Company applicable Borrower prior to the time at date on which any payment is due to the Administrative Agent for the account of the Lenders or the Applicable L/C Issuer hereunder that the applicable Borrower will not make such payment, the Administrative Agent may assume that the applicable Borrower has have made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the Appropriate Lenders or the Applicable L/C Letter of Credit Issuer, as the case may be, the amount due. In such event, if the applicable Borrower has not in fact made such payment, then each of the Appropriate Lenders or the Applicable L/C Letter of Credit Issuer, as the case may be, severally agrees to repay to the Administrative Agent forthwith on demand the amount so distributed to such Lender or the Applicable L/C Letter of Credit Issuer, as the case may be, 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 the Administrative Agent, at the greater of the Overnight RateRate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation. A notice of the from Administrative Agent to any Lender or the Company any Borrower with respect to any amount owing under this subsection (b) shall be conclusive, absent manifest error.
Appears in 4 contracts
Samples: Revolving Credit Agreement (Lafayette Square USA, Inc.), Revolving Credit Agreement (Lafayette Square USA, Inc.), Revolving Credit Agreement (Lafayette Square USA, Inc.)
Payments by the Borrowers; Presumptions by the Administrative Agent. Unless the Administrative Agent shall have received notice from the Company Borrowers prior to the time at date on which any payment is due to the Administrative Agent for the account of the Lenders or the Applicable L/C Issuer an Issuing Bank 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 Appropriate Lenders or the Applicable L/C Issuersuch Issuing Bank, as the case may be, the amount due. In such event, if the applicable Borrower has Borrowers have not in fact made such payment, then each of the Appropriate Lenders or the Applicable L/C Issuersuch Issuing Bank, as the case may be, severally agrees to repay to the Administrative Agent forthwith on demand the amount so distributed to such Lender or the Applicable L/C Issuer, in Same Day Funds such Issuing Bank 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 Overnight Rategreater 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 Nothing herein shall be deemed to limit the rights of the Administrative Agent to or any Lender or against the Company with respect to any amount owing under this subsection (b) shall be conclusive, absent manifest errorBorrowers.
Appears in 3 contracts
Samples: Credit Agreement (Carlyle Group L.P.), Credit Agreement (Carlyle Group L.P.), Credit Agreement (Carlyle Group L.P.)
Payments by the Borrowers; Presumptions by the Administrative Agent. Unless the Administrative Agent shall have received notice from the Company GEO prior to the time at date on which any payment is due to the Administrative Agent for the account of the Lenders or the Applicable L/C Issuer an Issuing Lender hereunder that the applicable Borrower Borrowers will not make such payment, the Administrative Agent may assume that GEO or the applicable Borrower has Borrowers, as applicable, have made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the Appropriate Lenders or the Applicable L/C Issuersuch Issuing Lender, as the case may be, the amount due. In such event, if GEO or the applicable Borrower has Borrowers, as applicable, have not in fact made such payment, then each of the Appropriate Lenders or the Applicable L/C Issuer, as the case may be, and each Issuing Lender severally agrees to repay to the Administrative Agent forthwith on demand the amount so distributed to such Lender or the Applicable L/C Issuer, in Same Day Funds such Issuing 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 Overnight Rate. A notice greater of the Federal Funds Effective Rate and a rate determined by the Administrative Agent to any Lender or the Company in accordance with respect to any amount owing under this subsection (b) shall be conclusive, absent manifest errorbanking industry rules on interbank compensation.
Appears in 2 contracts
Samples: Credit Agreement (Geo Group Inc), Credit Agreement (Geo Group Inc)
Payments by the Borrowers; Presumptions by the Administrative Agent. Unless the Administrative Agent shall have received notice from the Company Borrowers prior to the time at date on which any payment is due to the Administrative Agent for the account of the Lenders or the Applicable L/C 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 Appropriate appropriate Lenders or the Applicable L/C Issuer, as the case may be, the amount due. In such event, if the applicable Borrower has Borrowers have not in fact made such payment, then each of the Appropriate appropriate 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 so distributed to such Lender or the Applicable 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 the Administrative 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 the Administrative Agent to any Lender or the Company any Borrower with respect to any amount owing under this subsection (b) shall be conclusive, absent manifest error.
Appears in 2 contracts
Samples: Credit Agreement (Waste Connections, Inc.), Credit Agreement (Waste Connections, Inc.)
Payments by the Borrowers; Presumptions by the Administrative Agent. Unless the Administrative Agent shall have received notice from the Company Borrowers prior to the time at date on which any payment is due to the Administrative Agent for the account of the Lenders or the Applicable L/C Issuer an Issuing Bank 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 Appropriate Lenders or the Applicable L/C Issuersuch Issuing Bank, as the case may be, the amount due. In such event, if the applicable Borrower has Borrowers have not in fact made such payment, then each of the Appropriate Lenders or the Applicable L/C Issuersuch Issuing Bank, as the case may be, severally agrees to repay to the Administrative Agent forthwith on demand the amount so distributed to such Lender or the Applicable L/C Issuer, in Same Day Funds such Issuing Bank 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 Overnight Rate. A notice greater of the Federal Funds Effective Rate and a rate determined by the Second Amended and Restated Credit Agreement Administrative Agent in accordance with banking industry rules on interbank compensation. Nothing herein shall be deemed to limit the rights of the Agents or any Lender or against the Company with respect to any amount owing under this subsection (b) shall be conclusive, absent manifest errorBorrowers.
Appears in 2 contracts
Samples: Credit Agreement (Carlyle Group L.P.), Credit Agreement (Carlyle Group L.P.)
Payments by the Borrowers; Presumptions by the Administrative Agent. Unless the Administrative Agent shall have received notice from the Company Borrower Representative prior to the time at date on which any payment is due to the Administrative Agent for the account of the Lenders or the Applicable L/C Issuer Issuers 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 Appropriate Lenders or the Applicable L/C IssuerIssuers, as the case may be, the amount due. In such event, if the applicable Borrower has Borrowers have not in fact made such payment, then each of the Appropriate Lenders or the Applicable L/C IssuerIssuers, as the case may be, severally agrees to repay to the Administrative Agent forthwith on demand the amount so distributed to such Lender or the Applicable L/C IssuerIssuers, 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 the Administrative Agent, at the Overnight Federal Funds Rate. A notice of the Administrative Agent to any Lender or the Company Borrower Representative with respect to any amount owing under this subsection (b) shall be conclusive, absent manifest error.
Appears in 1 contract
Samples: Senior Secured Credit Agreement
Payments by the Borrowers; Presumptions by the Administrative Agent. Unless the Administrative Agent shall have received notice from the Company Borrowers prior to the time at date on which any payment is due to the Administrative Agent for the account of the Lenders or the Applicable an L/C 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 Appropriate appropriate Lenders or the Applicable such L/C Issuer, as the case may be, the amount due. In such event, if the applicable Borrower has Borrowers have not in fact made such payment, then each of the Appropriate appropriate Lenders or the Applicable L/C IssuerIssuers, as the case may be, severally agrees to repay to the Administrative Agent forthwith on demand the amount so distributed to such Lender or the Applicable such 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 the Administrative 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 the Administrative Agent to any Lender or the Company any Borrower with respect to any amount owing under this subsection (b) shall be conclusive, absent manifest error.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Waste Connections, Inc.)
Payments by the Borrowers; Presumptions by the Administrative Agent. Unless the Administrative Agent shall have received notice from the Company Parent Borrower prior to the time at date on which any payment is due to the Administrative Agent for the account of the Lenders or the Applicable L/C Issuer an Issuing 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 to the Appropriate Lenders or the Applicable L/C Issuersuch Issuing Lender, as the case may be, the amount due. In such event, if the applicable Borrower has Borrowers have not in fact made such payment, then each of the Appropriate Lenders or the Applicable L/C Issuersuch Issuing Lender, as the case may be, severally agrees to repay to the Administrative Agent forthwith on demand the amount so distributed to such Lender or the Applicable L/C Issuer, in Same Day Funds such Issuing 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 Overnight Rate. A notice greater of the Federal Funds Effective Rate and a rate determined by the Administrative Agent to any Lender or the Company in accordance with respect to any amount owing under this subsection (b) shall be conclusive, absent manifest errorbanking industry rules on interbank compensation.
Appears in 1 contract
Samples: Year Credit Agreement (Dillards Inc)