Common use of Presumption by Administrative Agent Clause in Contracts

Presumption by Administrative Agent. Unless the Administrative Agent shall have received notice from the relevant Borrower prior to the date on which any payment or prepayment is due to the Administrative Agent for the account of the Lenders or the Issuing Lenders entitled thereto (the “Applicable Recipient”) hereunder that such Borrower will not make such payment or prepayment, the Administrative Agent may assume that such Borrower has made such payment or prepayment, as the case may be, on such date in accordance herewith and may, in reliance upon such assumption and in its sole discretion, distribute to the Applicable Recipient the amount due. In such event, if such Borrower has not in fact made such payment or prepayment, then each Applicable Recipient severally agrees to repay to the Administrative Agent forthwith on demand the amount so distributed to such Applicable Recipient 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 Federal Funds Effective Rate.

Presumption by Administrative Agent. Unless the Administrative Agent shall have received notice from the relevant Borrower a Lender prior to the proposed date on which of any payment or prepayment is due Borrowing that such Lender will not make available to the Administrative Agent for the account such Lender’s share of the Lenders or the Issuing Lenders entitled thereto (the “Applicable Recipient”) hereunder that such Borrower will not make such payment or prepaymentBorrowing, the Administrative Agent may assume that such Borrower Lender has made such payment or prepayment, as the case may be, share available on such date in accordance herewith with paragraph (a) of this Section 2.05 and may, in reliance upon such assumption and in its sole discretion, distribute make available to the Applicable Recipient the amount duerelevant Borrower a corresponding amount. In such event, if such Borrower a Lender has not in fact made such payment or prepaymentits share of the applicable Borrowing available to the Administrative Agent, then each Applicable Recipient the applicable Lender and the relevant Borrower severally agrees agree to repay pay to the Administrative Agent forthwith on demand the such corresponding amount so distributed to such Applicable Recipient with interest thereon, for each day from and including the date such amount is distributed made available to it the relevant Borrower to but excluding the date of payment to the Administrative Agent, at the Federal Funds Effective Rate. If such Lender pays such amount to the Administrative Agent, then such amount shall constitute such Lender’s Loan included in such Borrowing.

Presumption by Administrative Agent. Unless the Administrative ----------------------------------- Agent shall have received notice from the relevant Borrower prior to the date on which any payment or prepayment is due to the Administrative Agent for the account of the Lenders or the Issuing Lenders entitled thereto (the “Applicable Recipient”) Banks hereunder that such the Borrower will not make such payment or prepaymentpayment, the Administrative Agent may assume that such the Borrower has made such payment or prepayment, as the case may be, on such date in accordance herewith and may, in reliance upon such assumption and in its sole discretionassumption, distribute to the Applicable Recipient Lenders or the relevant Issuing Bank, as the case may be, the amount due. In such event, if such the Borrower has not in fact made such payment or prepaymentpayment, then each Applicable Recipient of the Lenders or the Issuing Banks, as the case may be, severally agrees to repay to the Administrative Agent forthwith on demand the amount so distributed to such Applicable Recipient Lender or 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 greater of the Federal Funds Effective RateRate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation.

Presumption by Administrative Agent. Unless the Administrative Agent shall have received notice from the relevant Borrower prior to the date on which any payment or prepayment is due to the Administrative Agent for the account of the Lenders or the Issuing Lenders entitled thereto (the “"Applicable Recipient”") hereunder that such Borrower will not make such payment or prepayment, the Administrative Agent may assume that such Borrower has made such payment or prepayment, as the case may be, on such date in accordance herewith and may, in reliance upon such assumption and in its sole discretion, distribute to the Applicable Recipient the amount due. In such event, if such Borrower has not in fact made such payment or prepayment, then each Applicable Recipient severally agrees to repay to the Administrative Agent forthwith on demand the amount so distributed to such Applicable Recipient 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 Federal Funds Effective Rate.

Presumption by Administrative Agent. Unless the Administrative Agent shall have received notice from the relevant Borrower prior to the date on which any payment or prepayment is due to the Administrative Agent for the account of the Lenders or the Issuing Lenders Lender entitled thereto (the “"Applicable Recipient”") hereunder that such the Borrower will not make such payment or prepayment, the Administrative Agent may assume that such the Borrower has made such payment or prepayment, as the case may be, on such date in accordance herewith and may, in reliance upon such assumption and in its sole discretion, distribute to the Applicable Recipient the amount due. In such event, if such the Borrower has not in fact made such payment or prepayment, then each Applicable Recipient severally agrees to repay to the Administrative Agent forthwith on demand the amount so distributed to such Applicable Recipient 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 Federal Funds Effective Rate.