Common use of Presumption by Administrative Agent Clause in Contracts

Presumption by Administrative Agent. Unless the Administrative Agent shall have received notice from a Lender prior to the proposed time of any Borrowing that such Lender will not make available to the Administrative Agent such Lender’s share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available on such date in accordance with paragraph (a) of this Section and may, in reliance upon such assumption, make available to the Company a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable Borrowing available to the Administrative Agent, then the applicable Lender and the Company severally agree to pay to the Administrative Agent forthwith on demand such corresponding amount with interest thereon, for each day from and including the date such amount is made available to the Company to but excluding the date of payment to the Administrative Agent (the “Compensation Period”), at (i) in the case of such Lender, the greater of the NYFRB Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation or (ii) in the case of the Company, the interest rate applicable to ABR Loans. If such Lender pays such amount to the Administrative Agent, then such amount shall constitute such Lender’s Loan included in such Borrowing. Nothing herein shall be deemed to relieve any Lender from its obligation to fulfill its Commitments or to prejudice any rights which the Administrative Agent, any Lender or the Company may have against any other Lender as a result of any default by such Lender hereunder.

Presumption by Administrative Agent. Unless the Administrative Agent shall have received notice from a Lender Lender, prior to the proposed time date of any Borrowing Advance that such Lender will not make available to the Administrative Agent such Lender▇▇▇▇▇▇’s share of such BorrowingAdvance, the Administrative Agent may assume that such Lender has made such share available on such date in accordance with paragraph (aSection 2.03(a) of this Section and may, in reliance upon such assumption, make available to the Company Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable Borrowing Advance available to the Administrative Agent, then the applicable Lender and the Company severally agree Borrower agrees to pay to the Administrative Agent forthwith on demand such corresponding amount with interest thereon, for each day from and including the date such amount is made available to the Company Borrower to but excluding the date of payment to the Administrative Agent (the “Compensation Period”)Agent, at (i) in the case of such Lender, the greater of the NYFRB Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation or (ii) in the case of the Company, the interest rate applicable to ABR Loansthe Revolving Commitments. If the Borrower and such Lender shall pay such interest to the Administrative Agent for the same or an overlapping period, the Administrative Agent shall promptly remit to the Borrower the amount of such interest paid by the Borrower for such period. If such Lender pays such amount its share of the applicable Advance to the Administrative Agent, then such the amount so paid shall constitute such Lender’s Loan included in portion of such BorrowingAdvance. Nothing herein Any payment by the Borrower shall be deemed without prejudice to relieve any claim the Borrower may have against a Lender from its obligation that shall have failed to fulfill its Commitments or make such payment to prejudice any rights which the Administrative Agent, any Lender or the Company may have against any other Lender as a result of any default by such Lender hereunder.

Presumption by Administrative Agent. Unless the Administrative Agent shall have received notice from a Lender prior to the proposed time date of any Borrowing that such Lender will not make available to the Administrative Agent such Lender’s share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available on such date in accordance with paragraph (a) of this Section and may, in reliance upon such assumption, make available to the Company Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable Borrowing available to the Administrative Agent, then the applicable Lender and the Company Borrower severally agree to pay to the Administrative Agent forthwith on demand such corresponding amount with interest thereon, for each day from and including the date such amount is made available to the Company Borrower to but excluding the date of payment to the Administrative Agent (the “Compensation Period”)Agent, at (i) in the case of such Lender, the greater of the NYFRB Federal Funds Effective Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation or (ii) in the case of the CompanyBorrower, the interest rate applicable to ABR Loans. If such Lender pays such amount to the Administrative Agent, then such amount shall constitute such Lender’s Loan included in such Borrowing. Nothing herein shall be deemed to relieve any Lender from its obligation to fulfill its Commitments or to prejudice any rights which the Administrative Agent, any Lender or the Company may have against any other Lender as a result of any default by such Lender hereunder.

Presumption by Administrative Agent. Unless the Administrative Agent shall have received notice from a Lender prior to the proposed time date of any Borrowing that such Lender will not make available to the Administrative Agent such Lender▇▇▇▇▇▇’s share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available on such date in accordance with paragraph (a) of this Section and may, in reliance upon such assumption, make available to the Company Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable Borrowing available to the Administrative Agent, then the applicable Lender and the Company Borrower severally agree to pay to the Administrative Agent forthwith on demand such corresponding amount with interest thereon, for each day from and including the date such amount is made available to the Company Borrower to but excluding the date of payment to the Administrative Agent (the “Compensation Period”)Agent, at (i) in the case of payment to be made by such Lender, the greater of the NYFRB Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation or (ii) in the case of payment to be made by the CompanyBorrower, the interest rate applicable to ABR Loansthe Loans comprising such Borrowing. If the Borrower and such Lender shall both pay such interest to the Administrative Agent for the same or an overlapping period, the Administrative Agent shall promptly remit to the Borrower the amount of such interest paid by the Borrower for such period. If such Lender pays such amount to the Administrative Agent, then such amount shall constitute such Lender’s Loan included in such Borrowing. Nothing herein Any payment by the Borrower shall be deemed without prejudice to relieve any claim the Borrower may have against a Lender from its obligation that shall have failed to fulfill its Commitments or make such payment to prejudice any rights which the Administrative Agent, any Lender or the Company may have against any other Lender as a result of any default by such Lender hereunder.

Presumption by Administrative Agent. Unless the Administrative Agent shall have received notice from a Lender prior to the proposed time date of any Borrowing that such Lender will not make available to the Administrative Agent such Lender’s share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available on such date in accordance with paragraph (a) of this Section and may, in reliance upon such assumption, make available to the Company Applicable Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable Borrowing available to the Administrative Agent, then the applicable Lender and the Company Applicable Borrower severally agree to pay to the Administrative Agent forthwith on demand such corresponding amount with interest thereon, for each day from and including the date such amount is made available to the Company Applicable Borrower to but excluding the date of payment to the Administrative Agent (the “Compensation Period”)Agent, at (i) in the case of such Lender, the greater of the NYFRB Federal Funds Effective Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation or (ii) in the case of the CompanyApplicable Borrower, the interest rate applicable to ABR Loans. If such Lender pays such amount to the Administrative Agent, then such amount shall constitute such Lender’s Loan included in such Borrowing. Nothing herein shall be deemed to relieve any Lender from its obligation to fulfill its Commitments or to prejudice any rights which the Administrative Agent, any Lender or the Company may have against any other Lender as a result of any default by such Lender hereunder.

Presumption by Administrative Agent. Unless the Administrative Agent shall have received notice from a Lender prior to the proposed time date of any Borrowing that such Lender will not make available to the Administrative Agent such Lender▇▇▇▇▇▇’s share of such Borrowing, the Administrative Agent may assume that such Lender ▇▇▇▇▇▇ has made such share available on such date in accordance with paragraph (aSection 2.06(a) of this Section and may, in reliance upon such assumption, make available to the Company Borrowers a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable Borrowing available to the Administrative Agent, then the applicable Lender and the Company Borrowers severally agree to pay to the Administrative Agent forthwith on demand such corresponding amount with interest thereon, for each day from and including the date such amount is made available to the Company Borrowers to but excluding the date of payment to the Administrative Agent (the “Compensation Period”)Agent, at (i) in the case of a payment to be made by such Lender, the greater of the NYFRB Federal Funds Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation or compensation, and (ii) in the case of a payment to be made by the CompanyBorrowers, the interest rate applicable to ABR Base Rate Loans. If the Borrowers and such Lender shall pay such interest to the Administrative Agent for the same or an overlapping period, the Administrative Agent shall promptly remit to the Borrowers the amount of such interest paid by the Borrowers for such period. If such Lender pays such amount its share of the applicable Borrowing to the Administrative Agent, then such the amount so paid shall constitute such Lender’s Loan included in such Borrowing. Nothing herein Any payment by the Borrowers shall be deemed without prejudice to relieve any claim the Borrowers may have against a Lender from its obligation that shall have failed to fulfill its Commitments or make such payment to prejudice any rights which the Administrative Agent, any Lender or the Company may have against any other Lender as a result of any default by such Lender hereunder.

Presumption by Administrative Agent. Unless the Administrative Agent shall have received notice from a Lender Lender, prior to the proposed time date of any Borrowing Borrowing, that such Lender will not make available to the Administrative Agent such Lender▇▇▇▇▇▇’s share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available on such date in accordance with paragraph (aSection 2.03(a) of this Section and may, in reliance upon such assumption, make available to the Company Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable Borrowing available to the Administrative Agent, then the applicable Lender and the Company Borrower severally agree to pay to the Administrative Agent forthwith on demand such corresponding amount with interest thereon, for each day from and including the date such amount is made available to the Company to Borrower to, but excluding excluding, the date of payment to the Administrative Agent (the “Compensation Period”)Agent, at (i) in the case of a payment to be made by such Lender, the greater of the NYFRB Federal Funds Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation or compensation, and (ii) in the case of a payment to be made by the CompanyBorrower, the Base Rate. If the Borrower and such Lender shall pay such interest rate applicable to ABR Loansthe Administrative Agent for the same or an overlapping period, the Administrative Agent shall promptly remit to the Borrower the amount of such interest paid by the Borrower for such period. If such Lender pays such amount its share of the applicable Borrowing to the Administrative Agent, then such the amount so paid shall constitute such Lender’s Loan Loans included in such Borrowing. Nothing herein Any payment by the Borrower shall be deemed without prejudice to relieve any claim the Borrower may have against a Lender from its obligation that shall have failed to fulfill its Commitments or make such payment to prejudice any rights which the Administrative Agent, any Lender or the Company may have against any other Lender as a result of any default by such Lender hereunder.

Presumption by Administrative Agent. Unless the Administrative Agent shall have received notice from a Lender prior to the proposed time date of any Borrowing that such Lender will not make available to the Administrative Agent such Lender▇▇▇▇▇▇’s share of such Borrowing, the Administrative Agent may assume that such Lender ▇▇▇▇▇▇ has made such share available on such date in accordance with paragraph (a) of this Section 2.3.1 and may, in reliance upon such assumption, make available to the Company Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable Borrowing available to the Administrative Agent, then the applicable Lender and the Company Borrower severally agree to pay to the Administrative Agent forthwith on demand such corresponding amount with interest thereon, for each day from and including the date such amount is made available to the Company Borrower to but excluding the date of payment to the Administrative Agent (the “Compensation Period”)Agent, at (i) in the case of a payment to be made by such Lender, the greater of the NYFRB Federal Funds Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation or compensation, and (ii) in the case of a payment to be made by the CompanyBorrower, the interest rate applicable to ABR the Loans. If the Borrower and such Lender shall pay such interest to the Administrative Agent for the same or an overlapping period, the Administrative Agent shall promptly remit to the Borrower the amount of such interest paid by the Borrower for such period. If such Lender pays such amount its share of the applicable Borrowing to the Administrative Agent, then such the amount so paid shall constitute such Lender’s Loan included in such Borrowing. Nothing herein Any payment by the Borrower shall be deemed without prejudice to relieve any claim the Borrower may have against a Lender from its obligation that shall have failed to fulfill its Commitments or make such payment to prejudice any rights which the Administrative Agent, any Lender or the Company may have against any other Lender as a result of any default by such Lender hereunder.

Presumption by Administrative Agent. Unless the Administrative ----------------------------------- Agent shall have received notice from a Lender prior to the proposed time date of any Borrowing that such Lender will not make available to the Administrative Agent such Lender’s 's share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available on such date in accordance with paragraph (a) of this Section 2.06 and may, in reliance upon such assumption, make available to the Company Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable Borrowing available to the Administrative Agent, then the applicable Lender and the Company Borrower severally agree to pay to the Administrative Agent forthwith on demand such corresponding amount with interest thereon, for each day from and including the date such amount is made available to the Company Borrower to but excluding the date of payment to the Administrative Agent (the “Compensation Period”)Agent, at (i) for the first three Business Days, (A) in the case of such Lender, the greater of the NYFRB Federal Funds Effective Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation for Loans in the applicable Currency or (iiB) in the case of the CompanyBorrower, the Federal Funds Effective Rate (or, if such Loan is denominated in an Approved Foreign Currency, at such other rate as the Administrative Agent shall determine is appropriate in the circumstances) and (ii) thereafter, the interest rate applicable to ABR Loans. If such Lender pays such amount to the Administrative Agent, then such amount shall constitute such Lender’s 's Loan included in such Borrowing. Nothing herein shall be deemed to relieve any Lender from its obligation to fulfill its Commitments or to prejudice any rights which the Administrative Agent, any Lender or the Company may have against any other Lender as a result of any default by such Lender hereunder.

Presumption by Administrative Agent. Unless the Administrative Agent shall have received notice from a relevant Lender prior to 1:00 p.m. (New York City time) on the proposed time date of any Borrowing that such Lender will not make available to the Administrative Agent such Lender’s share 's ratable portion of such Borrowing, the Administrative Agent may assume that such Lender has made such share portion available to the Administrative Agent on the date of such date Borrowing in accordance with paragraph (aSection 2.02(a) of this Section and the Administrative Agent may, in reliance upon such assumption, make available to the Company Borrower on such date a corresponding amount. In If and to the extent that such event, if a Lender has shall not in fact have so made its share of the applicable Borrowing such ratable portion available to the Administrative AgentAgent and the Administrative Agent shall have made available such corresponding amount to the Borrower, then the applicable such Lender and the Company Borrower severally agree to pay repay to the Administrative Agent forthwith on demand such corresponding amount together with interest thereon, for each day from and including the date such amount is made available to the Company to but excluding Borrower until the date of payment such amount is repaid to the Administrative Agent (the “Compensation Period”)Agent, at (i) in the case of such Lenderthe Borrower, the greater of the NYFRB Rate interest rate applicable at such time under Section 2.06 to Advances comprising such Borrowing and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation or (ii) in the case of the Companysuch Lender, the interest rate applicable Federal Funds Rate (it being understood that repayments by the Borrower pursuant to ABR Loansthis sentence shall not be subject to Sections 2.05(a) and 10.04(c)). If such Lender pays such amount shall repay to the Administrative AgentAgent such corresponding amount, then such amount so repaid shall constitute such Lender’s Loan included in 's Advance as part of such Borrowing. Nothing herein shall be deemed to relieve any Lender from its obligation to fulfill its Commitments or to prejudice any rights which the Administrative Agent, any Lender or the Company may have against any other Lender as a result Borrowing for purposes of any default by such Lender hereunderthis Agreement.

Presumption by Administrative Agent. Unless the Administrative Agent shall have received notice from a Lender prior to the proposed time date of any Borrowing that such Lender will not make available to the Administrative Agent such Lender▇▇▇▇▇▇’s share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available on such date in accordance with paragraph (aSection 2.04(a) of this Section and may, in reliance upon such assumption, make available to the Company Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable Borrowing available to the Administrative Agent, then the applicable Lender and the Company Borrower severally agree to pay to the Administrative Agent forthwith on demand such corresponding amount with interest thereon, for each day from and including the date such amount is made available to the Company Borrower to but excluding the date of payment to the Administrative Agent (the “Compensation Period”)Agent, at (i) in the case of a payment to be made by such Lender, the greater of the NYFRB Federal Funds Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation or compensation, and (ii) in the case of a payment to be made by the CompanyBorrower, the interest rate applicable to ABR Loanssuch Loan. If the Borrower and such Lender shall pay such interest to the Administrative Agent for the same or an overlapping period, the Administrative Agent shall promptly remit to the Borrower the amount of such interest paid by the Borrower for such period. If such Lender pays such amount its share of the applicable Borrowing to the Administrative Agent, then such the amount so paid shall constitute such Lender’s Loan included in such Borrowing. Nothing herein Any payment by the Borrower shall be deemed without prejudice to relieve any claim the Borrower may have against a Lender from its obligation that shall have failed to fulfill its Commitments or make such payment to prejudice any rights which the Administrative Agent, any Lender or the Company may have against any other Lender as a result of any default by such Lender hereunder.

Presumption by Administrative Agent. Unless the Administrative Agent shall have received notice from a Lender prior to the proposed time date of any Borrowing that such Lender will not make available to the Administrative Agent such Lender▇▇▇▇▇▇’s share of such Borrowing, the Administrative Agent may assume that such Lender ▇▇▇▇▇▇ has made such share available on such date in accordance with paragraph (aSection 2.04(a) of this Section and may, in reliance upon such assumption, make available to the Company Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable Borrowing available to the Administrative Agent, then the applicable Lender and the Company Borrower severally agree to pay to the Administrative Agent forthwith on demand such corresponding amount with interest thereon, for each day from and including the date such amount is made available to the Company Borrower to but excluding the date of payment to the Administrative Agent (the “Compensation Period”)Agent, at (i) in the case of a payment to be made by such Lender, the greater of the NYFRB Federal Funds Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation or compensation, and (ii) in the case of a payment to be made by the CompanyBorrower, the applicable interest rate applicable rate. If the Borrower and such Lender shall pay such interest to ABR Loansthe Administrative Agent for the same or an overlapping period, the Administrative Agent shall promptly remit to the Borrower the amount of such interest paid by the Borrower for such period. If such Lender pays such amount its share of the applicable Borrowing to the Administrative Agent, then such the amount so paid shall constitute such Lender’s Loan included in such Borrowing. Nothing herein Any payment by the Borrower shall be deemed without prejudice to relieve any claim the Borrower may have against a Lender from its obligation that shall have failed to fulfill its Commitments or make such payment to prejudice any rights which the Administrative Agent, any Lender or the Company may have against any other Lender as a result of any default by such Lender hereunder.

Presumption by Administrative Agent. Unless the Administrative ----------------------------------- Agent shall have received notice from a Lender prior to the proposed time date of any Borrowing that such Lender will not make available to the Administrative Agent such Lender’s 's share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available on such date in accordance with paragraph (a) of this Section 2.06 and may, in reliance upon such assumption, make available to the Company Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable Borrowing available to the Administrative Agent, then the applicable Lender and the Company Borrower severally agree to pay to the Administrative Agent forthwith on demand such corresponding amount with interest thereon, for each day from and including the date such amount is made available to the Company Borrower to but excluding the date of payment to the Administrative Agent (the “Compensation Period”)Agent, at (i) for the first three Business Days, (A) in the case of such Lender, the greater of the NYFRB Federal Funds Effective Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation for Loans in the applicable Currency or (iiB) in the case of the CompanyBorrower, the Federal Funds Rate (or, if such Loan is denominated in an Approved Foreign Currency, at such other rate as the Administrative Agent shall determine is appropriate in the circumstances) and (ii) thereafter, the interest rate applicable to ABR Loans. If such Lender pays such amount to the Administrative Agent, then such amount shall constitute such Lender’s 's Loan included in such Borrowing. Nothing herein shall be deemed to relieve any Lender from its obligation to fulfill its Commitments or to prejudice any rights which the Administrative Agent, any Lender or the Company may have against any other Lender as a result of any default by such Lender hereunder.