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

Payments by the Lenders to the Agent. (a) Unless the 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 (1) Business Day prior to the date of such Borrowing, that such Lender will not make available as and when required hereunder to the Agent for the account of the Borrowers the amount of that Lender’s Pro Rata Share of the Borrowing, the Agent may assume that each Lender has made such amount available to the Agent in immediately available funds on the Borrowing Date and the Agent may (but shall not be so required), in reliance upon such assumption, make available to the Borrowers on such date a corresponding amount. If and to the extent any Lender shall not have made its full amount available to the Agent in immediately available funds and the Agent in such circumstances has made available to the Borrowers such amount, that Lender shall on the Business Day following such Borrowing Date make such amount available to the Agent, together with interest at the LIBOR Rate plus the Applicable Margin for each day during such period. A notice of the Agent submitted to any Lender with respect to amounts owing under this Subsection

Payments by the Lenders to the Agent. (a) Unless the 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 (1) Business Day prior to the date of such Borrowing, that such Lender will not make available as and when required hereunder to the Agent for the account of the Borrowers Company the amount of that Lender’s Xxxxxx's Pro Rata Share of the Borrowing, the Agent may assume that each Lender has made such amount available to the Agent in immediately available funds on the Borrowing Date and the Agent may (but shall not be so required), in reliance upon such assumption, make available to the Borrowers Company on such date a corresponding amount. If and to the extent any Lender shall not have made its full amount available to the Agent in immediately available funds and the Agent in such circumstances has made available to the Borrowers Company such amount, that Lender shall on the Business Day following such Borrowing Date make such amount available to the Agent, together with interest at the LIBOR Federal Funds Rate plus the Applicable Margin for each day during such period. A notice of the Agent submitted to any Lender with respect to amounts owing under this Subsectionclause (a) shall be conclusive, absent manifest error. If such amount is so made available, such payment to the Agent shall constitute such Xxxxxx's Loan on the date of Borrowing for all purposes of this Agreement. If such amount is not made available to the Agent on the Business Day following the Borrowing Date, the Agent will notify the Company of such failure to fund and, upon demand by the Agent, the Company shall pay such amount to the Agent for the 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.

Payments by the Lenders to the Agent. (a) Unless the 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 (1) Business Day prior to the date of such Borrowing, that such Lender will not make available as and when required hereunder on the Closing Date to the Agent for the account of the Borrowers Borrower the amount of that Lender’s 's Pro Rata Share of the BorrowingCommitment, the Agent may assume that each Lender has made such amount available to the Agent in immediately available funds on the Borrowing Closing Date and the Agent may (but shall not be so required), in reliance upon such assumption, make available to the Borrowers Borrower on such date a corresponding amount. If and to the extent any Lender shall not have made its full amount available to the Agent in immediately available funds and the Agent in such circumstances has made available to the Borrowers Borrower such amount, that Lender shall on the Business Day following such Borrowing the Closing Date make such amount available to the Agent, together with interest at the LIBOR Federal Funds Rate plus the Applicable Margin for each day during such period. A notice of the Agent submitted to any Lender with respect to amounts owing under this Subsectionsubsection (a) shall be conclusive, absent manifest error. If such amount is so made available, such payment to the Agent shall constitute such Lender's Loan on the Closing Date for all purposes of this Agreement.

Payments by the Lenders to the Agent. (a) Unless the 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 (1) Business Day prior to the date of such Borrowing, that such Lender will not make available as and when required hereunder to the Agent for the account of the Borrowers Company the amount of that Lender’s 's Pro Rata Share of the Borrowing, the Agent may assume that each Lender has made such amount available to the Agent in immediately available funds on the Borrowing Date and the Agent may (but shall not be so required), in reliance upon such assumption, make available to the Borrowers Company on such date a corresponding amount. If Subject to the provisions of Section 2.3(e) hereof, if and to the extent any Lender shall not have made its full amount available to the Agent in immediately available funds and the Agent in such circumstances has made available to the Borrowers Company such amount, that Lender shall on the Business Day following such Borrowing Date make such amount available to the Agent, together with interest at the LIBOR Federal Funds Rate plus the Applicable Margin for each day during such period. A notice of the Agent submitted to any Lender with respect to amounts owing under this Subsectionsubsection (a) shall be conclusive, absent manifest error. If such amount is so made available, such payment to the 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 the Agent on the Business Day following the Borrowing Date, the Agent will notify the Company of such failure to fund and, upon demand by the Agent, the Company shall pay such amount to the Agent for the 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.