Common use of Presumption by Agent Clause in Contracts

Presumption by Agent. Unless the Agent shall have received notice from a Lender prior to the proposed date of any Borrowing that such Lender will not make available to the Agent such Xxxxxx’s share of such Borrowing, the Agent may assume that such Lender has made such share available on such date in accordance with Section 2.04(a) and may, in reliance upon such assumption, make available to the Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable Borrowing available to the Agent, then the applicable Lender and the Borrower severally agree to pay to the 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 Borrower to but excluding the date of payment to the Agent, at (i) in the case of a payment to be made by such Lender, the greater of the Federal Funds Effective Rate and a rate determined by the Agent in accordance with banking industry rules on interbank compensation, and (ii) in the case of a payment to be made by the Borrower, the interest rate applicable to such Loans. If the Borrower and such Lender shall pay such interest to the Agent for the same or an overlapping period, the 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 the 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 the Agent.

Presumption by Agent. Unless the Agent shall have received notice from a Lender prior to the proposed date of any Borrowing that such Lender will not make available to the Agent such XxxxxxLender’s share of such Borrowing, the Agent may assume that such Lender has made such share available on such date in accordance with Section 2.04(a) and may, in reliance upon such assumption, make available to the Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable Borrowing available to the Agent, then the applicable Lender and the Borrower severally agree to pay to the 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 Borrower to but excluding the date of payment to the Agent, at (i) in the case of a payment to be made by such Lender, the greater of the Federal Funds Effective Rate and a rate determined by the Agent in accordance with banking industry rules on interbank compensation, and (ii) in the case of a payment to be made by the Borrower, the interest rate applicable to such Loans. If the Borrower and such Lender shall pay such interest to the Agent for the same or an overlapping period, the 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 the 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 the Agent.

Presumption by Agent. Unless the Agent shall have received notice from a Lender prior to the proposed date of any Borrowing Revolving Loan that such Lender will not make available to the Agent such Xxxxxx’s share of such BorrowingRevolving Loan, the Agent may assume that such Lender has made such share available on such date in accordance with Section 2.04(a2.06(a) and may, in reliance upon such assumption, make available to the Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable Borrowing Revolving Loan available to the Agent, then the applicable Lender and the Borrower severally agree to pay to the 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 Borrower to but excluding the date of payment to the Agent, at (i) in the case of a payment to be made by such Lender, the greater of the Federal Funds Effective Rate and a rate determined by the Agent in accordance with banking industry rules on interbank compensation, and (ii) in the case of a payment to be made by the Borrower, the interest rate applicable to such Revolving Loans. If the Borrower and such Lender shall pay such interest to the Agent for the same or an overlapping period, the 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 Revolving Loan to the Agent, then the amount so paid shall constitute such Lender’s Loan included in such BorrowingRevolving Loan. 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 the Agent.

Presumption by Agent. Unless the Agent shall have received notice from a Lender prior to 12:00 noon (Boston time) on the proposed date of any Borrowing that such Lender will not make available to the Agent such Xxxxxx’s share Lender's ratable portion of such Borrowing, the Agent may assume that such Lender has made such share portion available to the Agent on the date of such date Borrowing in accordance with Section 2.04(a2.02(b) and the Agent may, in reliance upon such assumption, make available available, to the Borrower requesting such Borrowing 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 AgentAgent and the Agent shall have made available such corresponding amount to the Borrower, then the applicable such Lender and the Borrower severally agree to pay repay to the 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 Borrower to but excluding until the date of payment such amount is repaid to the Agent, at (i) in the case of a payment to be made by such Lenderthe Borrower, the greater of the Federal Funds Effective Rate and a interest rate determined by the Agent in accordance with banking industry rules on interbank compensation, applicable at such time under Section 2.08 to Loans comprising such Borrowing and (ii) in the case of a payment to be made such Lender, (A) the Federal Funds Effective Rate in the case of Loans denominated in Dollars (or) (B) the cost of funds incurred by the Borrower, the interest rate applicable to such Loans. If the Borrower and such Lender shall pay such interest to the Agent for the same or an overlapping period, the Agent shall promptly remit to the Borrower the amount in respect of such interest paid by an amount in the Borrower for such periodcase of Loans denominated in Sterling. If such Lender pays its share of the applicable Borrowing shall repay to the AgentAgent such corresponding amount, then the such amount so paid repaid shall constitute such Lender’s 's Loan included in as part of such BorrowingBorrowing for purposes of this Agreement. 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 the Agent.(d)

Presumption by Agent. Unless the Agent shall have received notice from a Lender prior to 12:00 noon (Boston time) on the proposed date of any Revolving Credit Borrowing that such Lender will not make available to the Agent such Xxxxxx’s share Lender's ratable portion of such Borrowing, the Agent may assume that such Lender has made such share portion available to the Agent on the date of such date Borrowing in accordance with Section 2.04(a2.02(b) and the Agent may, in reliance upon such assumption, make available available, to the Borrower requesting such Borrowing 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 AgentAgent and the Agent shall have made available such corresponding amount to the Borrower requesting such Borrowing on such date, then the applicable such Lender and the such Borrower severally agree to pay repay to the 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 such Borrower to but excluding until the date of payment such amount is repaid to the Agent, at (i) in the case of a payment to be made by such LenderBorrower, the greater of the Federal Funds Effective Rate and a interest rate determined by the Agent in accordance with banking industry rules on interbank compensation, applicable at such time under Section 2.08 to Loans comprising such Borrowing and (ii) in the case of a payment to be made such Lender, (A) the Federal Funds Effective Rate in the case of Loans denominated in Dollars (or) (B) the cost of funds incurred by the Borrower, the interest rate applicable to such Loans. If the Borrower and such Lender shall pay such interest to the Agent for the same or an overlapping period, the Agent shall promptly remit to the Borrower the amount in respect of such interest paid by an amount in the Borrower for such periodcase of Loans denominated in Sterling. If such Lender pays its share of the applicable Borrowing shall repay to the AgentAgent such corresponding amount, then the such amount so paid repaid shall constitute such Lender’s 's Loan included in as part of such BorrowingBorrowing for purposes of this Agreement. 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 the Agent.(d)