Common use of Payments by the Lenders to Agent Clause in Contracts

Payments by the Lenders to Agent. (a) Unless Agent receives notice from a Lender on or prior to the Closing Date or, with respect to any Borrowing after the Closing Date, at least one Business Day prior to the date of such Borrowing, that such Lender will not make available as and when required hereunder to Agent for the account of Borrowers the amount of that Lender’s Pro Rata Share of the Borrowing, Agent may assume that each Lender has made such amount available to Agent in immediately available funds on the Borrowing Date and Agent may (but shall not be so required), in reliance upon such assumption, make available to Borrowers on such date a corresponding amount. If and to the extent any Lender shall not have made its full amount available to Agent in immediately available funds and Agent in such circumstances has made available to Borrowers such amount, that Lender shall on the Business Day following such Borrowing Date make such amount available to Agent, together with interest at the Federal Funds Rate for each day during such period. A notice by Agent submitted to any Lender with respect to amounts owing under this Section 2.16(a) shall be conclusive, absent manifest error. If such amount is so made available, such payment to Agent shall constitute such Lender’s Loan on the date of Borrowing for all purposes of this Agreement. If such amount is not made available to Agent on the Business Day following the Borrowing Date, Agent will notify Borrower Representative of such failure to fund and, upon demand by Agent, Borrowers shall pay such amount to Agent for Agent’s account, together with interest thereon for each day elapsed since the date of such Borrowing, at a rate per annum equal to the interest rate applicable at the time to the Loans comprising such Borrowing. (b) The failure of any Lender to make any Loan on any Borrowing Date shall not relieve any other Lender of any obligation hereunder to make a Loan on such Borrowing Date, but no Lender shall be responsible for the failure of any other Lender to make the Loan to be made by such other Lender on any Borrowing Date.

Appears in 2 contracts

Samples: Credit Agreement (Royal Hawaiian Orchards, L.P.), Credit Agreement (Crimson Wine Group, LTD)

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Payments by the Lenders to Agent. (a) Unless Agent receives shall have received notice from a Lender on or prior to the Closing Date proposed date of any Borrowing of LIBOR Rate Loans (or, with respect to in the case of any Borrowing after the Closing Dateof Base Rate Loans, at least one Business Day prior to 12:00 noon on the date of such Borrowing, ) that such Lender will not make available as and when required hereunder to Agent for the account of Borrowers the amount of that such Lender’s Pro Rata Share share of the such Borrowing, Agent may assume that each such Lender has made such amount share available to Agent on such date in immediately accordance with Sections 1.1 and 1.5 (or, in the case of a Borrowing of Base Rate Loans, that such Lender has made such share available funds on in accordance with and at the Borrowing Date time required by Sections 1.1 and Agent may (but shall not be so required)1.5) and may, in reliance upon such assumption, make available to Borrowers on such date the Borrower a corresponding amount. If and to the extent any In such event, if a Lender shall has not have in fact made its full amount share of the applicable Borrowing available to Agent, then the applicable Lender and the Borrower severally agree to pay to Agent forthwith on demand such corresponding amount in immediately available funds with interest thereon, for each day from and Agent in including the date such circumstances has amount is made available to Borrowers such amount, that Lender shall on the Business Day following such Borrowing Date make such amount available Borrower to but excluding the date of payment to Agent, together with interest at (A) in the case of a payment to be made by such Lender, the greater of the Federal Funds Rate and a rate determined by Agent in accordance with banking industry rules on interbank compensation, plus any administrative, processing or similar fees customarily charged by Agent in connection with the foregoing, and (B) in the case of a payment to be made by the Borrower, the interest rate applicable to Base Rate Loans. If the Borrower and such Lender shall pay such interest to Agent for each day during the same or an overlapping period, Agent shall promptly remit to the Borrower the amount of such interest paid by the Borrower for such period. If such Lender pays its share of the applicable Borrowing to Agent, then the amount so paid shall constitute such Lender’s Loan included in such Borrowing. Any payment by the Borrower shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make such payment to Agent. A notice by of the Agent submitted to any Lender or the Borrower with respect to amounts any amount owing under this Section 2.16(aclause (a) shall be conclusive, absent manifest error. If such amount is so made available, such payment to Agent shall constitute such Lender’s Loan on the date of Borrowing for all purposes of this Agreement. If such amount is not made available to Agent on the Business Day following the Borrowing Date, Agent will notify Borrower Representative of such failure to fund and, upon demand by Agent, Borrowers shall pay such amount to Agent for Agent’s account, together with interest thereon for each day elapsed since the date of such Borrowing, at a rate per annum equal to the interest rate applicable at the time to the Loans comprising such Borrowing. (b) The failure of any Lender to make any Loan on any Borrowing Date shall not relieve any other Lender of any obligation hereunder to make a Loan on such Borrowing Date, but no Lender shall be responsible for the failure of any other Lender to make the Loan to be made by such other Lender on any Borrowing Date[reserved].

Appears in 2 contracts

Samples: Credit Agreement (R1 RCM Inc.), Credit Agreement (R1 RCM Inc.)

Payments by the Lenders to Agent. Settlement (a) Unless Agent receives notice from a may, on behalf of Lenders, disburse funds to the Borrower for Loans requested. Each Lender shall reimburse Agent on demand for all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Commitment Percentage of any Loan before Agent disburses same to the Borrower. If Agent elects to require that each Lender make funds available to Agent prior to disbursement by Agent to the Closing Date orBorrower, with respect to any Borrowing after Agent shall advise each Lender by telephone or fax of the Closing Date, at least one amount of such Lender’s Commitment Percentage of the Loan requested by the Borrower no later than the Business Day prior to the scheduled Borrowing date applicable thereto, and each such Lender shall pay Agent such Lender’s Commitment Percentage of such Borrowingrequested Loan, in same day funds, by wire transfer to Agent’s account, as designated in writing by the Agent to the Borrower from time to time, no later than 1:00 p.m. on such scheduled Borrowing date. Nothing in this Section 2.11(a) or elsewhere in this Agreement or the other Loan Documents, including the remaining provisions of Section 2.11, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its Commitments hereunder or to prejudice any rights that Agent any Lender or the Borrower may have against any Lender as a result of any default by such Lender will not make available as and when required hereunder to hereunder. (b) At least once each calendar week or more frequently at Agent’s election (each, a “Settlement Date”), Agent for the account shall advise each Lender by telephone or fax of Borrowers the amount of that such Lender’s Pro Rata Share Commitment Percentage of principal, interest and Fees paid by Borrower for the Borrowingbenefit of Lenders with respect to each applicable Loan. Agent shall pay to each Lender such Lender’s Commitment Percentage (except as otherwise provided in Section 2.1(c)(vi) and Section 2.11(e)(iv)) of principal, interest and fees paid by the Borrower since the previous Settlement Date for the benefit of such Lender on the Loans held by it; payments shall be made by wire transfer to such Lender not later than 2:00 p.m. on the next Business Day following each Settlement Date. (c) Availability of Lender’s Commitment Percentage. Agent may assume that each Revolving Lender has made such amount available to Agent in immediately available funds on the Borrowing Date and Agent may (but shall not be so required), in reliance upon such assumption, will make available to Borrowers on such date a corresponding amount. If and to the extent any Lender shall not have made its full amount available to Agent in immediately available funds and Agent in such circumstances has made available to Borrowers such amount, that Lender shall on the Business Day following such Borrowing Date make such amount available to Agent, together with interest at the Federal Funds Rate for Commitment Percentage of each day during such period. A notice by Agent submitted to any Lender with respect to amounts owing under this Section 2.16(a) shall be conclusive, absent manifest error. If such amount is so made available, such payment to Agent shall constitute such Lender’s Revolving Loan on the date of Borrowing for all purposes of this Agreement. If such amount is not made available to Agent on the Business Day following the each Borrowing Datedate. If such Commitment Percentage is not, in fact, paid to Agent by such Revolving Lender when due, Agent will be entitled to recover such amount on demand from such Revolving Lender without setoff, counterclaim or deduction of any kind. If any Revolving Lender fails to pay the amount of its Commitment Percentage forthwith upon Agent’s demand, Agent shall promptly notify the Borrower, and the Borrower Representative of such failure to fund and, upon demand by Agent, Borrowers shall pay immediately repay such amount to Agent. Nothing in this Section 2.11(c) or elsewhere in this Agreement or the other Loan Documents shall be deemed to require Agent to advance funds on behalf of any Revolving Lender or to relieve any Revolving Lender from its obligation to fulfill its Commitments hereunder or to prejudice any rights that the Borrower may have against any Revolving Lender as a result of any default by such Revolving Lender hereunder. Without limiting the provisions of Section 2.11(b), to the extent that Agent advances funds to the Borrower on behalf of any Revolving Lender and is not reimbursed therefor on the same Business Day as such advance is made, Agent shall be entitled to retain for Agent’s account, together with its account all interest thereon for each day elapsed since accrued on such advance from the date of such Borrowing, at a rate per annum equal to advance was made until reimbursed by the interest rate applicable at the time to the Loans comprising such BorrowingRevolving Lender. (b) The failure of any Lender to make any Loan on any Borrowing Date shall not relieve any other Lender of any obligation hereunder to make a Loan on such Borrowing Date, but no Lender shall be responsible for the failure of any other Lender to make the Loan to be made by such other Lender on any Borrowing Date.

Appears in 1 contract

Samples: Credit Agreement

Payments by the Lenders to Agent. Settlement (a) Unless Agent receives notice from a may, on behalf of Xxxxxxx, disburse funds to the Borrowers for Loans requested. Each Lender shall reimburse Agent on demand for all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Commitment Percentage of any Loan before Agent disburses same to the Borrowers. If Agent elects to require that each Lender make funds available to Agent prior to disbursement by Agent to the Closing Date orBorrowers, with respect to any Borrowing after Agent shall advise each Lender by telephone of the Closing Date, at least one amount of such Xxxxxx’s Commitment Percentage of the Loan requested by the Borrower Representative no later than the Business Day prior to the scheduled Borrowing date applicable thereto, and each such Lender shall pay Agent such Xxxxxx’s Commitment Percentage of such Borrowingrequested Loan, in same day funds, by wire transfer to Agent’s account, as designated in writing by Agent to Borrower Representative from time to time, no later than 1:00 p.m. on such scheduled Borrowing date. Nothing in this Section 2.11(a) or elsewhere in this Agreement or the other Loan Documents, including the remaining provisions of Section 2.11, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its Commitments hereunder or to prejudice any rights that Agent any Lender or the Borrowers may have against any Lender as a result of any default by such Lender will not make available as and when required hereunder to hereunder. (b) At least once each calendar week or more frequently at Agent’s election (each, a “Settlement Date”), Agent for the account shall advise each Lender by telephone of Borrowers the amount of that such Xxxxxx’s Commitment Percentage of principal, interest and Fees paid for the benefit of Lenders with respect to each applicable Loan. Agent shall pay to each Lender such Xxxxxx’s Commitment Percentage (except as otherwise provided in Section 2.1(c)(vi) and Section 2.11(e)(iv)) of principal, interest and fees paid by the Borrowers since the previous Settlement Date for the benefit of such Lender on the Loans held by it. Such payments shall be made by wire transfer to such Lender not later than 2:00 p.m. on the next Business Day following each Settlement Date. (c) Availability of Lender’s Pro Rata Share of the Borrowing, Commitment Percentage. Agent may assume that each Revolving Lender has made such amount available to Agent in immediately available funds on the Borrowing Date and Agent may (but shall not be so required), in reliance upon such assumption, will make available to Borrowers on such date a corresponding amount. If and to the extent any Lender shall not have made its full amount available to Agent in immediately available funds and Agent in such circumstances has made available to Borrowers such amount, that Lender shall on the Business Day following such Borrowing Date make such amount available to Agent, together with interest at the Federal Funds Rate for Commitment Percentage of each day during such period. A notice by Agent submitted to any Lender with respect to amounts owing under this Section 2.16(a) shall be conclusive, absent manifest error. If such amount is so made available, such payment to Agent shall constitute such Lender’s Revolving Loan on the date of Borrowing for all purposes of this Agreement. If such amount is not made available to Agent on the Business Day following the each Borrowing Datedate. If such Commitment Percentage is not, in fact, paid to Agent by such Revolving Lender when due, Agent will be entitled to recover such amount on demand from such Revolving Lender without setoff, counterclaim or deduction of any kind. If any Revolving Lender fails to pay the amount of its Commitment Percentage forthwith upon Agent’s demand, Agent shall promptly notify the Borrower Representative and the Borrowers shall promptly (and in any event within one (1) Business Day of receipt of such failure to fund and, upon demand by Agent, Borrowers shall pay notice) repay such amount to Agent. Nothing in this Section 2.11(c) or elsewhere in this Agreement or the other Loan Documents shall be deemed to require Agent for Agent’s accountto advance funds on behalf of any Revolving Lender or to relieve any Revolving Lender from its obligation to fulfill its Commitments hereunder or to prejudice any rights that the Borrowers may have against any Revolving Lender as a result of any default by such Revolving Lender hereunder. Without limiting the provisions of Section 2.11(b), together with interest thereon for each day elapsed since the date of such Borrowing, at a rate per annum equal to the interest rate applicable at the time extent that Agent advances funds to the Loans comprising such Borrowing. (b) The failure Borrowers on behalf of any Revolving Lender to make any Loan on any Borrowing Date shall and is not relieve any other Lender of any obligation hereunder to make a Loan on such Borrowing Date, but no Lender shall be responsible for the failure of any other Lender to make the Loan to be made by such other Lender on any Borrowing Date.reimbursed therefor

Appears in 1 contract

Samples: Credit Agreement (Phreesia, Inc.)

Payments by the Lenders to Agent. (a) Unless Agent receives notice from a may, on behalf of Lenders, disburse funds to the Borrower for the Term Loan requested. Each Lender shall reimburse Agent on demand for all funds disbursed on its behalf by Agent, or if Agent so requests, each Lender will remit to Agent its Commitment Percentage of the Term Loan before Agent disburses same to the Borrower. If Agent elects to require that each Lender make funds available to Agent prior to disbursement by Agent to the Closing Date orBorrower, with respect Agent shall advise each Lender by telephone, fax or email (as designated by such Lender to any Borrowing after Agent) of the Closing Date, at least one amount of such Lender’s Commitment Percentage of the Term Loan requested by the Borrower no later than the Business Day prior to the scheduled Borrowing date of such Borrowingapplicable thereto, that and each such Lender will not make available as and when required hereunder to shall pay Agent for the account of Borrowers the amount of that Lender’s Pro Rata Share of the Borrowing, Agent may assume that each Lender has made such amount available to Agent in immediately available funds on the Borrowing Date and Agent may (but shall not be so required), in reliance upon such assumption, make available to Borrowers on such date a corresponding amount. If and to the extent any Lender shall not have made its full amount available to Agent in immediately available funds and Agent in such circumstances has made available to Borrowers such amount, that Lender shall on the Business Day following such Borrowing Date make such amount available to Agent, together with interest at the Federal Funds Rate for each day during such period. A notice by Agent submitted to any Lender with respect to amounts owing under this Section 2.16(a) shall be conclusive, absent manifest error. If such amount is so made available, such payment to Agent shall constitute such Lender’s Loan on the date of Borrowing for all purposes of this Agreement. If such amount is not made available to Agent on the Business Day following the Borrowing Date, Agent will notify Borrower Representative Commitment Percentage of such failure requested Term Loan, in same day funds, by wire transfer to fund and, upon demand by Agent, Borrowers shall pay such amount to Agent for Agent’s account, together with interest thereon for each day elapsed since as set forth on Agent’s signature page hereto, no later than 2:00 p.m. (New York time) on such scheduled Borrowing date. Nothing in this subsection 1.11(a) or elsewhere in this Agreement or the date other Loan Documents, including the remaining provisions of Section 1.11, shall be deemed to require Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its Commitments hereunder or to prejudice any rights that Agent, any Lender or the Borrower may have against any Lender as a result of any default by such Borrowing, at a rate per annum equal to the interest rate applicable at the time to the Loans comprising such BorrowingLender hereunder. (b) The failure of any Lender to make any Loan on any Borrowing Date shall not relieve any other Lender of any obligation hereunder to make a Loan on such Borrowing Date, but no Lender shall be responsible for the failure of any other Lender to make the Loan to be made by such other Lender on any Borrowing Date[Reserved]. (c) [Reserved].

Appears in 1 contract

Samples: Credit Agreement (Radioshack Corp)

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Payments by the Lenders to Agent. (a) Unless Agent receives shall have received notice from a Lender on or prior to the Closing Date proposed date of any Borrowing of Term SOFR Loans (or, with respect to in the case of any Borrowing after the Closing Dateof Base Rate Loans, at least one Business Day prior to 12:00 noon on the date of such Borrowing, ) that such Lender will not make available as and when required hereunder to Agent for the account of Borrowers the amount of that such Lender’s Pro Rata Share share of the such Borrowing, Agent may assume that each such Lender has made such amount share available to Agent on such date in immediately accordance with Sections 1.1 and 1.5 (or, in the case of a Borrowing of Base Rate Loans, that such Lender has made such share available funds on in accordance with and at the Borrowing Date time required by Sections 1.1 and Agent may (but shall not be so required)1.5) and may, in reliance upon such assumption, make available to Borrowers on such date the Borrower a corresponding amount. If and to the extent any In such event, if a Lender shall has not have in fact made its full amount share of the applicable Borrowing available to Agent, then the applicable Lender and the Borrower severally agree to pay to Agent forthwith on demand such corresponding amount in immediately available funds with interest thereon, for each day from and Agent in including the date such circumstances has amount is made available to Borrowers such amount, that Lender shall on the Business Day following such Borrowing Date make such amount available Borrower to but excluding the date of payment to Agent, together with interest at (A) in the case of a payment to be made by such Lender, the greater of the Federal Funds Rate and a rate determined by Agent in accordance with banking industry rules on interbank compensation, plus any administrative, processing or similar fees customarily charged by Agent in connection with the foregoing, and (B) in the case of a payment to be made by the Borrower, the interest rate applicable to Base Rate Loans. If the Borrower and such Lender shall pay such interest to Agent for each day during the same or an overlapping period, Agent shall promptly remit to the Borrower the amount of such interest paid by the Borrower for such period. If such Lender pays its share of the applicable Borrowing to Agent, then the amount so paid shall constitute such Lender’s Loan included in such Borrowing. Any payment by the Borrower shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make such payment to Agent. A notice by of the Agent submitted to any Lender or the Borrower with respect to amounts any amount owing under this Section 2.16(aclause (a) shall be conclusive, absent manifest error. If such amount is so made available, such payment to Agent shall constitute such Lender’s Loan on the date of Borrowing for all purposes of this Agreement. If such amount is not made available to Agent on the Business Day following the Borrowing Date, Agent will notify Borrower Representative of such failure to fund and, upon demand by Agent, Borrowers shall pay such amount to Agent for Agent’s account, together with interest thereon for each day elapsed since the date of such Borrowing, at a rate per annum equal to the interest rate applicable at the time to the Loans comprising such Borrowing. (b) The failure of any Lender to make any Loan on any Borrowing Date shall not relieve any other Lender of any obligation hereunder to make a Loan on such Borrowing Date, but no Lender shall be responsible for the failure of any other Lender to make the Loan to be made by such other Lender on any Borrowing Date[reserved].

Appears in 1 contract

Samples: Credit Agreement (R1 RCM Inc. /DE)

Payments by the Lenders to Agent. (a) Unless Agent receives shall have received notice from a Lender on or prior to the Closing Date proposed date of any Borrowing of Term SOFR Loans (or, with respect to in the case of any Borrowing after the Closing Dateof Base Rate Loans, at least one Business Day prior to 12:00 noon on the date of such Borrowing, ) that such Lender will not make available as and when required hereunder to Agent for the account such Xxxxxx’s share of Borrowers the amount of that Lender’s Pro Rata Share of the such Borrowing, Agent may assume that each such Lender has made such amount share available to Agent on such date in immediately accordance with Sections 1.1 and 1.5 (or, in the case of a Borrowing of Base Rate Loans, that such Lender has made such share available funds on in accordance with and at the Borrowing Date time required by Sections 1.1 and Agent may (but shall not be so required)1.5) and may, in reliance upon such assumption, make available to Borrowers on such date the Borrower a corresponding amount. If and to the extent any In such event, if a Lender shall has not have in fact made its full amount share of the applicable Borrowing available to Agent, then the applicable Lender and the Borrower severally agree to pay to Agent forthwith on demand such corresponding amount in immediately available funds with interest thereon, for each day from and Agent in including the date such circumstances has amount is made available to Borrowers such amount, that Lender shall on the Business Day following such Borrowing Date make such amount available Borrower to but excluding the date of payment to Agent, together with interest at (A) in the case of a payment to be made by such Lender, the greater of the Federal Funds Rate and a rate determined by Agent in accordance with banking industry rules on interbank compensation, plus any administrative, processing or similar fees customarily charged by Agent in connection with the foregoing, and (B) in the case of a payment to be made by the Borrower, the interest rate applicable to Base Rate Loans. If the Borrower and such Lender shall pay such interest to Agent for each day during the same or an overlapping period, Agent shall promptly remit to the Borrower the amount of such interest paid by the Borrower for such period. If such Lender pays its share of the applicable Borrowing to Agent, then the amount so paid shall constitute such Lender’s Loan included in such Borrowing. Any payment by the Borrower shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make such payment to Agent. A notice by of the Agent submitted to any Lender or the Borrower with respect to amounts any amount owing under this Section 2.16(aclause (a) shall be conclusive, absent manifest error. If such amount is so made available, such payment to Agent shall constitute such Lender’s Loan on the date of Borrowing for all purposes of this Agreement. If such amount is not made available to Agent on the Business Day following the Borrowing Date, Agent will notify Borrower Representative of such failure to fund and, upon demand by Agent, Borrowers shall pay such amount to Agent for Agent’s account, together with interest thereon for each day elapsed since the date of such Borrowing, at a rate per annum equal to the interest rate applicable at the time to the Loans comprising such Borrowing. (b) The failure of any Lender to make any Loan on any Borrowing Date shall not relieve any other Lender of any obligation hereunder to make a Loan on such Borrowing Date, but no Lender shall be responsible for the failure of any other Lender to make the Loan to be made by such other Lender on any Borrowing Date[reserved].

Appears in 1 contract

Samples: Credit Agreement (R1 RCM Inc. /DE)

Payments by the Lenders to Agent. (a) Unless Agent receives shall have received notice from a Lender on or prior to the Closing Date proposed date of any Borrowing of LIBOR Rate Loans (or, with respect to in the case of any Borrowing after the Closing Dateof Base Rate Loans, at least one Business Day prior to 12:00 noon on the date of such Borrowing, ) that such Lender will not make available as and when required hereunder to Agent for the account of Borrowers the amount of that such Lender’s Pro Rata Share share of the such Borrowing, Agent may assume that each such Lender has made such amount share available to Agent on such date in immediately accordance with Sections 1.1 and 1.5 (or, in the case of a Borrowing of Base Rate Loans, that such Lender has made such share available funds on in accordance with and at the Borrowing Date time required by Sections 1.1 and Agent may (but shall not be so required)1.5) and may, in reliance upon such assumption, make available to Borrowers on such date the Borrower a corresponding amount. If and to the extent any In such event, if a Lender shall has not have in fact made its full amount share of the applicable Borrowing available to Agent, then the applicable Lender and the Borrower severally agree to pay to Agent forthwith on demand such corresponding amount in immediately available funds with interest thereon, for each day from and Agent in including the date such circumstances has amount is made available to Borrowers such amount, that Lender shall on the Business Day following such Borrowing Date make such amount available Borrower to but excluding the date of payment to Agent, together with interest at (A) in the case of a payment to be made by such Lender, the greater of the Federal Funds Rate and a rate determined by Agent in accordance with banking industry rules on interbank compensation, plus any administrative, processing or similar fees customarily charged by Agent in connection with the foregoing, and (B) in the case of a payment to be made by the Borrower, the interest rate applicable to Base Rate Loans. If the Borrower and such Lender shall pay such interest to Agent for each day during the same or an overlapping period, Agent shall promptly remit to the Borrower the amount of such interest paid by the Borrower for such period. A notice by Agent submitted to any Lender with respect to amounts owing under this Section 2.16(a) shall be conclusive, absent manifest error. If such Lender pays its share of the applicable Borrowing to Agent, then the amount is so made available, such payment to Agent paid shall constitute such Lender’s Loan on the date of Borrowing for all purposes of this Agreement. If such amount is not made available to Agent on the Business Day following the Borrowing Date, Agent will notify Borrower Representative of such failure to fund and, upon demand by Agent, Borrowers shall pay such amount to Agent for Agent’s account, together with interest thereon for each day elapsed since the date of included in such Borrowing, at . Any payment by the Borrower shall be without prejudice to any claim the Borrower may have against a rate per annum equal Lender that shall have failed to the interest rate applicable at the time make such payment to the Loans comprising such BorrowingAgent. (b) The failure of any Lender to make any Loan on any Borrowing Date shall not relieve any other Lender of any obligation hereunder to make a Loan on such Borrowing Date, but no Lender shall be responsible for the failure of any other Lender to make the Loan to be made by such other Lender on any Borrowing Date[reserved].

Appears in 1 contract

Samples: Credit Agreement (R1 RCM Inc.)

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