Common use of Presumption by the Administrative Agent Clause in Contracts

Presumption by the Administrative Agent. Unless the Administrative 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 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 Section 2.06(a) and may, in reliance upon such assumption, make available to GEO (in the case of any Term Borrowing) or the Borrowers (in the case of any Revolving Credit Borrowing), 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 GEO (in the case of any Term Borrowing) or the Borrowers (in the case of any Term Borrowing) 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 GEO or any Borrower, as applicable, to but excluding the date of payment to the Administrative 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 Administrative Agent in accordance with banking industry rules on interbank compensation and (ii) in the case of a payment to be made by GEO or the Borrowers, as applicable, the interest rate applicable to ABR Loans. If GEO or the Borrowers, as applicable, 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 GEO (in the case of any such interest in respect of a Term Borrowing) or the Borrowers (in the case of any such interest in respect of a Revolving Credit Borrowing) the amount of such interest paid by GEO or the Borrowers, as applicable, for such period. If such Lender pays its share of the applicable Borrowing to the Administrative Agent, then the amount so paid shall constitute such Lender’s Loan included in such Borrowing. Any payment by GEO or the Borrowers, as applicable, shall be without prejudice to any claim GEO or the Borrowers, as applicable, may have against a Lender that shall have failed to make such payment to the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Geo Group Inc), Credit Agreement (Geo Group Inc)

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Presumption by the Administrative Agent. Unless the Administrative Agent shall have received notice from a Lender prior to the proposed date 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 2.06(a) and may, in reliance upon such assumption, make available to GEO (in the case of any Term Borrowing) or the Borrowers (in the case of any Revolving Credit Borrowing), 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 GEO (in the case of any Term Borrowing) or the Borrowers (in the case of any Term Borrowing) 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 GEO or any Borrower, as applicable, the Borrower to but excluding the date of payment to the Administrative 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 Administrative Agent in accordance with banking industry rules on interbank compensation and (ii) in the case of a payment to be made by GEO or the Borrowers, as applicableBorrower, the interest rate applicable to Syndicated ABR Loans. If GEO or the Borrowers, as applicable, 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 GEO (in the case of any such interest in respect of a Term Borrowing) or the Borrowers (in the case of any such interest in respect of a Revolving Credit Borrowing) Borrower the amount of such interest paid by GEO or the Borrowers, as applicable, Borrower for such period. If such Lender pays its share of the applicable Borrowing to the Administrative Agent, then the amount so paid shall constitute such Lender’s Loan included in such Borrowing. Any payment by GEO or the Borrowers, as applicable, Borrower shall be without prejudice to any claim GEO or the Borrowers, as applicable, Borrower may have against a Lender that shall have failed to make such payment to the Administrative Agent.

Appears in 2 contracts

Samples: 364 Day Credit Agreement (Best Buy Co Inc), Credit Agreement (Best Buy Co Inc)

Presumption by the Administrative Agent. Unless the Administrative 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 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 2.06(a) and may, in reliance upon such assumption, make available to GEO (in the case of any Term Borrowing) or the Borrowers (in the case of any Revolving Credit Borrowing), 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 GEO (in the case of any Term Borrowing) or the Borrowers (in the case of any Term Borrowing) 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 GEO or any Borrower, as applicable, the Borrower to but excluding the date of payment to the Administrative 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 Administrative Agent in accordance with banking industry rules on interbank compensation and (ii) in the case of a payment to be made by GEO or the Borrowers, as applicableBorrower, the interest rate applicable to Syndicated ABR Loans. If GEO or the Borrowers, as applicable, 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 GEO (in the case of any such interest in respect of a Term Borrowing) or the Borrowers (in the case of any such interest in respect of a Revolving Credit Borrowing) Borrower the amount of such interest paid by GEO or the Borrowers, as applicable, Borrower for such period. If such Lender pays its share of the applicable Borrowing to the Administrative Agent, then the amount so paid shall constitute such Lender’s Loan included in such Borrowing. Any payment by GEO or the Borrowers, as applicable, Borrower shall be without prejudice to any claim GEO or the Borrowers, as applicable, Borrower may have against a Lender that shall have failed to make such payment to the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Best Buy Co Inc), Credit Agreement (Best Buy Co Inc)

Presumption by the Administrative Agent. Unless the Administrative 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 Administrative Agent such LenderXxxxxx’s share of such Borrowing, the Administrative Agent may assume that such Lender Xxxxxx has made such share available on such date in accordance with Section 2.06(a) and may, in reliance upon such assumption, make available a corresponding amount to GEO (in the case of any Term Borrowing) ), or the Borrowers (in the case of any Revolving Credit Borrowing), 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 GEO (in the case of any Term Borrowing) or ), the Borrowers (in the case of any Term Revolving Credit Borrowing) 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 GEO or any Borrower, as applicable, to but excluding the date of payment to the Administrative 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 Administrative Agent in accordance with banking industry rules on interbank compensation and (ii) in the case of a payment to be made by GEO or the Borrowers, as applicable, the interest rate applicable to ABR Loans. If GEO or the Borrowers, as applicable, 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 GEO (in the case of any such interest in respect of a Term Borrowing) ), or the Borrowers (in the case of any such interest in respect of a Revolving Credit Borrowing) the amount of such interest paid by GEO or the Borrowers, as applicable, for such period. If such Lender pays its share of the applicable Borrowing to the Administrative Agent, then the amount so paid shall constitute such Lender’s Loan included in such Borrowing. Any payment by GEO or the Borrowers, as applicable, shall be without prejudice to any claim GEO or the Borrowers, as applicable, may have against a Lender that shall have failed to make such payment to the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Geo Group Inc), Credit Agreement (Geo Group Inc)

Presumption by the Administrative Agent. Unless the Administrative Agent shall have received notice from a Lender prior to the proposed date time 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(a) and may, in reliance upon such assumption, make available to GEO (in the case of any Term Borrowing) or the Borrowers (in the case of any Revolving Credit Borrowing), 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 GEO (in the case of any Term Borrowing) or the Borrowers (in the case of any Term Borrowing) 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 GEO or any Borrower, as applicable, the Borrower to but excluding the date of payment to the Administrative 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 Administrative Agent in accordance with banking industry rules on interbank compensation and (ii) in the case of a payment to be made by GEO or the Borrowers, as applicableBorrower, the interest rate applicable to Syndicated ABR Loans. If GEO or the Borrowers, as applicable, 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 GEO (in the case of any such interest in respect of a Term Borrowing) or the Borrowers (in the case of any such interest in respect of a Revolving Credit Borrowing) Borrower the amount of such interest paid by GEO or the Borrowers, as applicable, Borrower for such period. If such Lender pays its share of the applicable Borrowing to the Administrative Agent, then the amount so paid shall constitute such Lender’s 's Loan included in such Borrowing. Any payment by GEO or the Borrowers, as applicable, Borrower shall be without prejudice to any claim GEO or the Borrowers, as applicable, Borrower may have against a Lender that shall have failed to make such payment to the Administrative Agent.

Appears in 2 contracts

Samples: 364 Day Credit Agreement (Best Buy Co Inc), 364 Day Credit Agreement (Best Buy Co Inc)

Presumption by the Administrative Agent. Unless the Administrative 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 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 2.06(a) and may, in reliance upon such assumption, make available to GEO (in the case of any Term Borrowing) or the Borrowers (in the case of any Revolving Credit Borrowing), 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 GEO (in the case of any Term Borrowing) or the Borrowers (in the case of any Term Borrowing) 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 GEO or any Borrower, as applicable, the Borrower to but excluding the date of payment to the Administrative Agent, at (i) in the case of a payment to be made by such Lender, the greater of the Federal Funds Effective NYFRB Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation and (ii) in the case of a payment to be made by GEO or the Borrowers, as applicableBorrower, the interest rate applicable to Syndicated ABR Loans. If GEO or the Borrowers, as applicable, 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 GEO (in the case of any such interest in respect of a Term Borrowing) or the Borrowers (in the case of any such interest in respect of a Revolving Credit Borrowing) Borrower the amount of such interest paid by GEO or the Borrowers, as applicable, Borrower for such period. If such Lender pays its share of the applicable Borrowing to the Administrative Agent, then the amount so paid shall constitute such Lender’s Loan included in such Borrowing. Any payment by GEO or the Borrowers, as applicable, Borrower shall be without prejudice to any claim GEO or the Borrowers, as applicable, Borrower may have against a Lender that shall have failed to make such payment to the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Best Buy Co Inc)

Presumption by the Administrative Agent. Unless the Administrative 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 Administrative Agent such LenderXxxxxx’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(a) and may2.05 and, in reliance upon such assumption, the Administrative Agent may (in its sole discretion and without any obligation to do so) make available to GEO (in the case of any Term Borrowing) or the Borrowers (in the case of any Revolving Credit Borrowing), 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 GEO (in the case of any Term Borrowing) or the Borrowers (in the case of any Term Borrowing) Borrower severally agree to pay to the Administrative Agent forthwith on demand such corresponding amount in the corresponding Currency with interest thereon, for each day from and including the date such amount is made available to GEO or any Borrower, as applicable, the Borrower to but excluding the date of payment to the Administrative 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 Administrative Agent in accordance with banking industry rules on interbank compensation and (ii) in the case of a payment the Borrower, (x) with respect to be made by GEO or the Borrowers, as applicableTerm Benchmark Borrowings, the interest rate applicable to ABR Loans. If GEO or Term Benchmark Loans denominated in such Currency having an Interest Period of one month’s duration and (y) with respect to Borrowings denominated in Pounds Sterling, Swiss Francs or, following a Benchmark Transition Event with respect to Term XXXXX, Canadian Dollars, the Borrowersinterest rate applicable to RFR Loans denominated in such Currency, as applicable, 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 GEO (in the case of any such interest in respect of a Term Borrowing) or the Borrowers (in the case of any such interest in respect of a Revolving Credit Borrowing) the amount of such interest paid by GEO or the Borrowers, as applicable, for such period. If such Lender pays its share of the applicable Borrowing such amount to the Administrative Agent, then the such amount so paid shall constitute such Lender’s Loan included in such Borrowing. Any payment by GEO or the BorrowersNothing in this paragraph (b) shall relieve any Lender of its obligation to fulfill its commitments hereunder, as applicable, and shall be without prejudice to any claim GEO or the Borrowers, as applicable, Borrower may have against a Lender that shall have failed to make such payment to the Administrative Agent.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Barings BDC, Inc.)

Presumption by the Administrative Agent. Unless the Administrative 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 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(a) and may, in reliance upon such assumptionassumption (but in its sole discretion), make available to GEO (in the case of any Term Borrowing) or the Borrowers (in the case of any Revolving Credit Borrowing), 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 GEO (in the case of any Term Borrowing) or the Borrowers (in the case of any Term Borrowing) severally agree 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 GEO or any Borrower, as applicable, the Borrower to but excluding the date of payment to the Administrative 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 Rate. If such Lender does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent in accordance shall promptly notify the Borrower and the Credit Agreement Borrower agrees to pay the Administrative Agent forthwith such corresponding amount together with banking industry rules on interbank compensation and (ii) in the case of a payment to be made by GEO or the Borrowers, as applicable, interest thereon at the interest rate applicable to ABR Loans. If GEO or Loans for each day from and including the Borrowers, as applicable, and date such Lender shall pay such interest amount was made available to the Borrower to but excluding the date of payment to the Administrative Agent for the same or an overlapping period, the Administrative Agent shall promptly remit to GEO (in the case of any such interest in respect of a Term Borrowing) or the Borrowers (in the case of any such interest in respect of a Revolving Credit Borrowing) the amount of such interest paid by GEO or the Borrowers, as applicable, for such periodAgent. If such Lender pays its share of the applicable Borrowing such amount to the Administrative Agent, then the such amount so paid shall constitute such Lender’s 's Loan included in such Borrowing. Any payment by GEO or the Borrowers, as applicable, Nothing in this paragraph shall be without deemed to relieve any Lender from its obligation to fulfill its Commitments hereunder or to prejudice to any claim GEO or rights that the Borrowers, as applicable, Borrower may have against any Lender as a result of any default by such Lender that shall have failed to make such payment to the Administrative Agenthereunder.

Appears in 1 contract

Samples: Credit Agreement (Pacificare Health Systems Inc /De/)

Presumption by the Administrative Agent. Unless the Administrative 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 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 Section 2.06(a) 2.04 and may, in reliance upon such assumption, make available to GEO (in the case of any Term Borrowing) or the Borrowers (in the case of any Revolving Credit Borrowing), 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 GEO (in the case of any Term Borrowing) or the Borrowers (in the case of any Term Borrowing) severally agree to shall 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 GEO or any Borrower, as applicable, the Borrower to but excluding the date of payment to the Administrative 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 Administrative Agent in accordance with banking industry rules on interbank compensation and (ii) in the case of a payment to be made by GEO or the Borrowers, as applicable, the interest rate applicable to ABR Loans. If GEO or the Borrowers, as applicable, 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 GEO (in the case of any such interest in respect of a Term Borrowing) or the Borrowers (in the case of any such interest in respect of a Revolving Credit Borrowing) the amount of such interest paid by GEO or the Borrowers, as applicable, for such periodRate. If such Lender pays its share of the applicable Borrowing such amount to the Administrative Agent, then the such amount so paid shall constitute such Lender’s Loan included in such Borrowing. Any payment If such Lender does not pay such amounts to the Administrative Agent forthwith upon demand, the Administrative Agent may notify the Borrower and request the Borrower to pay such amounts, following which request the Borrower shall pay such amounts to the Administrative Agent with interest not later than 2:00 p.m. on the following Business Day. Such interest payable by GEO the Borrower shall accrue at a rate per annum equal to (i) the interest rate applicable to the related Borrowing, for the period from the date of such Borrowing through but not including such following Business Day and (ii) 2% plus the rate applicable to the related Borrowing, for the period from such following Business Day and thereafter. Nothing in the preceding shall act or be construed as a waiver of any claims or right of action that the Borrowers, as applicable, shall be without prejudice to any claim GEO or the Borrowers, as applicable, Borrower may have against a any Lender that shall have failed to make such defaults on the payment to the Administrative AgentAgent thereby causing the Borrower to repay the Administrative Agent such amount advanced.

Appears in 1 contract

Samples: Credit Agreement (Intelsat LTD)

Presumption by the Administrative Agent. Unless the Administrative 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 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 2.06(a) and mayand, in reliance upon such assumption, the Administrative Agent may (in its sole discretion and without any obligation to do so) make available to GEO (in the case of any Term Borrowing) or the Borrowers (in the case of any Revolving Credit Borrowing), 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 GEO (in the case of any Term Borrowing) or the Borrowers (in the case of any Term Borrowing) Borrower severally agree to pay to the Administrative Agent forthwith on demand such corresponding amount in the corresponding Currency with interest thereon, for each day from and including the date such amount is made available to GEO or any Borrower, as applicable, the Borrower to but excluding the date of payment to the Administrative 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 Administrative Agent in accordance with banking industry rules on interbank compensation and (ii) in the case of a payment the Borrower, (x) with respect to be made by GEO or the Borrowers, as applicableEurocurrency Borrowings, the interest rate applicable to ABR Loans. If GEO Eurocurrency Loans having an Interest Period of one month’s duration and (y) with respect to Borrowings denominated in Pounds Sterling or Swiss Francs, the Borrowersinterest rate applicable to RFR Loans denominated in such Currency, as applicable, 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 GEO (in the case of any such interest in respect of a Term Borrowing) or the Borrowers (in the case of any such interest in respect of a Revolving Credit Borrowing) the amount of such interest paid by GEO or the Borrowers, as applicable, for such period. If such Lender pays its share of the applicable Borrowing such amount to the Administrative Agent, then the such amount so paid shall constitute such Lender’s Loan included in such Borrowing. Any payment by GEO or the BorrowersNothing in this paragraph shall relieve any Lender of its obligation to fulfill its commitments hereunder, as applicable, and shall be without prejudice to any claim GEO or the Borrowers, as applicable, Borrower may have against a Lender that shall have failed to make such payment to the Administrative Agent.

Appears in 1 contract

Samples: Senior Secured Revolving Credit Agreement (Barings BDC, Inc.)

Presumption by the Administrative Agent. Unless the Administrative 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 Administrative Agent such LenderXxxxxx’s share of such Borrowing, the Administrative Agent may assume that such Lender Xxxxxx has made such share available on such date in accordance with paragraph (a) of this Section 2.06(a) and mayand, in reliance upon such assumption, the Administrative Agent may (in its sole discretion and without any obligation to do so) make available to GEO (in the case of any Term Borrowing) or the Borrowers (in the case of any Revolving Credit Borrowing), 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 GEO (in the case of any Term Borrowing) or the Borrowers (in the case of any Term Borrowing) Borrower severally agree to pay to the Administrative Agent forthwith on demand such corresponding amount in the corresponding Currency with interest thereon, for each day from and including the date such amount is made available to GEO or any Borrower, as applicable, the Borrower to but excluding the date of payment to the Administrative 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 Administrative Agent in accordance with banking industry rules on interbank compensation and (ii) in the case of a payment the Borrower, (x) with respect to be made by GEO or the Borrowers, as applicableEurocurrency Borrowings, the interest rate applicable to ABR Loans. If GEO or Eurocurrency Loans denominated in such Currency having an Interest Period of one month’s duration, (y) with respect to Term SOFR Borrowings, the Borrowersinterest rate applicable to Term SOFR Loans having an Interest Period of one month’s duration and (z) with respect to Borrowings denominated in Pounds Sterling or, Swiss Francs or, following a Benchmark Transition Event with respect to Xxxx XXXXX, Canadian Dollars, the interest rate applicable to RFR Loans denominated in such Currency, as applicable, 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 GEO (in the case of any such interest in respect of a Term Borrowing) or the Borrowers (in the case of any such interest in respect of a Revolving Credit Borrowing) the amount of such interest paid by GEO or the Borrowers, as applicable, for such period. If such Lender pays its share of the applicable Borrowing such amount to the Administrative Agent, then the such amount so paid shall constitute such LenderXxxxxx’s Loan included in such Borrowing. Any payment by GEO or the BorrowersNothing in this paragraph shall relieve any Lender of its obligation to fulfill its commitments hereunder, as applicable, and shall be without prejudice to any claim GEO or the Borrowers, as applicable, Borrower may have against a Lender that shall have failed to make such payment to the Administrative Agent.

Appears in 1 contract

Samples: Senior Secured Revolving Credit Agreement (Barings BDC, Inc.)

Presumption by the Administrative Agent. Unless the Administrative 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 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 2.06(a) and may, in reliance upon such assumption, make available to GEO (in the case of any Term Borrowing) or the Borrowers (in the case of any Revolving Credit Borrowing), relevant 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 relevant Lender and GEO (in the case of any Term Borrowing) or the Borrowers (in the case of any Term Borrowing) relevant 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 GEO or any Borrower, as applicable, such Borrower to but excluding the date of payment to the Administrative 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 (if such Loan is denominated in Dollars) or at the overnight London interbank offered rate for the relevant Agreed Foreign Currency determined by the Administrative Agent in accordance with banking industry rules on interbank compensation and good faith (if such Loan is denominated in such Currency) or (ii) in the case of a payment to be made by GEO or the Borrowers, as applicablesuch Borrower, the interest rate applicable to ABR Loans. If GEO or the Borrowers, as applicable, 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 GEO (in the case of any such interest in respect of a Term Borrowing) or the Borrowers (in the case of any such interest in respect of a Revolving Credit Borrowing) the amount of such interest paid by GEO or the Borrowers, as applicable, for such period. If such Lender pays its share of the applicable Borrowing such amount to the Administrative Agent, then the such amount so paid shall constitute such Lender’s Loan included in such Borrowing. Any payment by GEO or the Borrowers, as applicable, shall be without prejudice With respect to any claim GEO or the Borrowers, as applicable, may have against share of a Borrowing not made available by a Lender that shall have failed to make as contemplated above, if such payment Lender subsequently pays its share of such Borrowing to the Administrative Agent, then the Administrative Agent shall promptly repay any corresponding amount paid by the relevant Borrower to the Administrative Agent as provided in this paragraph (including interest thereon to the extent received by the Administrative Agent); provided that such repayment to such Borrower shall not operate as a waiver or any abandonment of any rights or remedies of such Borrower with respect to such Lender.

Appears in 1 contract

Samples: Credit Agreement (Brunswick Corp)

Presumption by the Administrative Agent. Unless the Administrative Agent shall have received notice from a Lender prior to the proposed date of any the Initial Loan 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 2.06(a) and may, in reliance upon such assumption, make available to GEO (in the case of any Term Borrowing) or the Borrowers (in the case of any Revolving Credit Borrowing), 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 GEO (in the case of any Term Borrowing) or the Borrowers (in the case of any Term Borrowing) 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 GEO or any Borrower, as applicable, the Borrower to but excluding the date of payment to the Administrative 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 Administrative Agent in accordance with banking industry rules on interbank compensation and (ii) in the case of a payment to be made by GEO or the Borrowers, as applicableBorrower, the interest rate applicable to ABR the Initial Loans. If GEO or the Borrowers, as applicable, 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 GEO (in the case of any such interest in respect of a Term Borrowing) or the Borrowers (in the case of any such interest in respect of a Revolving Credit Borrowing) Borrower the amount of such interest paid by GEO or the Borrowers, as applicable, Borrower for such period. If such Lender pays its share of the applicable Borrowing to the Administrative Agent, then the amount so paid shall constitute such Lender’s Loan included in such Borrowing. Any payment by GEO or the Borrowers, as applicable, Borrower shall be without prejudice to any claim GEO or the Borrowers, as applicable, Borrower may have against a Lender that shall have failed to make such payment to the Administrative Agent.

Appears in 1 contract

Samples: Bridge Credit Agreement (Frontier Communications Corp)

Presumption by the Administrative Agent. Unless the Administrative 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 Administrative Agent such LenderXxxxxx’s share of such Borrowing, the Administrative Agent may assume that such Lender Xxxxxx has made such share available on such date in accordance with paragraph (a) of this Section 2.06(a) and mayand, in reliance upon such assumption, the Administrative Agent may (in its sole discretion and without any obligation to do so) make available to GEO (in the case of any Term Borrowing) or the Borrowers (in the case of any Revolving Credit Borrowing), 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 GEO (in the case of any Term Borrowing) or the Borrowers (in the case of any Term Borrowing) Borrower severally agree to pay to the Administrative Agent forthwith on demand such corresponding amount in the corresponding Currency with interest thereon, for each day from and including the date such amount is made available to GEO or any Borrower, as applicable, the Borrower to but excluding the date of payment to the Administrative 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 Administrative Agent in accordance with banking industry rules on interbank compensation and (ii) in the case of a payment the Borrower, (x) with respect to be made by GEO or the Borrowers, as applicableEurocurrency Borrowings, the interest rate applicable to ABR Loans. If GEO Eurocurrency Loans denominated in such Currency having an Interest Period of one month’s duration, (y) with respect to Term SOFR Borrowings, the interest rate applicable to Term SOFR Loans having an Interest Period of one month’s duration and (z) with respect to Borrowings denominated in Pounds Sterling or Swiss Francs, the Borrowersinterest rate applicable to RFR Loans denominated in such Currency, as applicable, 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 GEO (in the case of any such interest in respect of a Term Borrowing) or the Borrowers (in the case of any such interest in respect of a Revolving Credit Borrowing) the amount of such interest paid by GEO or the Borrowers, as applicable, for such period. If such Lender pays its share of the applicable Borrowing such amount to the Administrative Agent, then the such amount so paid shall constitute such Lender’s Loan included in such Borrowing. Any payment by GEO or the BorrowersNothing in this paragraph shall relieve any Lender of its obligation to fulfill its commitments hereunder, as applicable, and shall be without prejudice to any claim GEO or the Borrowers, as applicable, Borrower may have against a Lender that shall have failed to make such payment to the Administrative Agent.

Appears in 1 contract

Samples: Senior Secured Revolving Credit Agreement (Barings BDC, Inc.)

Presumption by the Administrative Agent. Unless the Administrative Agent shall have received notice from a Lender prior to the proposed date 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 2.06(a) and may, in reliance upon such assumptionassumption (but in its sole discretion), make available to GEO (in the case of any Term Borrowing) or the Borrowers (in the case of any Revolving Credit Borrowing), 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 GEO (in the case of any Term Borrowing) or the Borrowers (in the case of any Term Borrowing) severally agree 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 GEO or any Borrower, as applicable, the Borrower to but excluding the date of payment to the Administrative 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 Rate. If such Lender does not pay such corresponding amount forthwith upon the Administrative Agent’s demand therefor, the Administrative Agent in accordance shall promptly notify the Borrower and the Borrower agrees to pay the Administrative Agent forthwith such corresponding amount together with banking industry rules on interbank compensation and (ii) in the case of a payment to be made by GEO or the Borrowers, as applicable, interest thereon at the interest rate applicable to ABR Loans. If GEO or Loans for each day from and including the Borrowers, as applicable, and date such Lender shall pay such interest amount was made available to the Borrower to but excluding the date of payment to the Administrative Agent for the same or an overlapping period, the Administrative Agent shall promptly remit to GEO (in the case of any such interest in respect of a Term Borrowing) or the Borrowers (in the case of any such interest in respect of a Revolving Credit Borrowing) the amount of such interest paid by GEO or the Borrowers, as applicable, for such periodAgent. If such Lender pays its share of the applicable Borrowing such amount to the Administrative Agent, then the such amount so paid shall constitute such Lender’s Loan included in such Borrowing. Any payment by GEO or the Borrowers, as applicable, Nothing in this paragraph shall be without deemed to relieve any Lender from its obligation to fulfill its Commitments hereunder or to prejudice to any claim GEO or rights that the Borrowers, as applicable, Borrower may have against any Lender as a result of any default by such Lender that shall have failed to make such payment to the Administrative Agenthereunder.

Appears in 1 contract

Samples: Credit Agreement (Pacificare Health Systems Inc /De/)

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Presumption by the Administrative Agent. Unless the Administrative 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 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 2.06(a) and mayand, in reliance upon such assumption, the Administrative Agent may (in its sole discretion and without any obligation to do so) make available to GEO (in the case of any Term Borrowing) or the Borrowers (in the case of any Revolving Credit Borrowing), 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 GEO (in the case of any Term Borrowing) or the Borrowers (in the case of any Term Borrowing) Borrower severally agree to pay to the Administrative Agent forthwith on demand such corresponding amount in the corresponding Currency with interest thereon, for each day from and including the date such amount is made available to GEO or any Borrower, as applicable, the Borrower to but excluding the date of payment to the Administrative 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 Administrative Agent in accordance with banking industry rules on interbank compensation and (ii) in the case of a payment the Borrower, (x) with respect to be made by GEO or the Borrowers, as applicableEurocurrency Borrowings, the interest rate applicable to ABR Loans. If GEO Eurocurrency Loans denominated in such Currency having an Interest Period of one month’s duration, (y) with respect to Term SOFR Borrowings, the interest rate applicable to Term SOFR Loans having an Interest Period of one month’s duration and (yz) with respect to Borrowings denominated in Pounds Sterling or Swiss Francs, the Borrowersinterest rate applicable to RFR Loans denominated in such Currency, as applicable, 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 GEO (in the case of any such interest in respect of a Term Borrowing) or the Borrowers (in the case of any such interest in respect of a Revolving Credit Borrowing) the amount of such interest paid by GEO or the Borrowers, as applicable, for such period. If such Lender pays its share of the applicable Borrowing such amount to the Administrative Agent, then the such amount so paid shall constitute such Lender’s Loan included in such Borrowing. Any payment by GEO or the BorrowersNothing in this paragraph shall relieve any Lender of its obligation to fulfill its commitments hereunder, as applicable, and shall be without prejudice to any claim GEO or the Borrowers, as applicable, Borrower may have against a Lender that shall have failed to make such payment to the Administrative Agent.

Appears in 1 contract

Samples: Senior Secured Revolving Credit Agreement (Barings BDC, Inc.)

Presumption by the Administrative Agent. Unless the Administrative Agent shall have received notice from a Lender prior to (i) the proposed date of any Eurodollar Borrowing or (ii) in the case of any proposed ABR Borrowing, 2:00 p.m., New York City time, on the proposed date of such ABR 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 2.06(a) and may, in reliance upon such assumption, make available to GEO (in the case of any Term Borrowing) or the Borrowers (in the case of any Revolving Credit Borrowing), 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 GEO (in the case of any Term Borrowing) or the Borrowers (in the case of any Term Borrowing) 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 GEO or any Borrower, as applicable, the Borrower to but excluding the date of payment to the Administrative 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 Administrative Agent in accordance with banking industry rules on interbank compensation and (ii) in the case of a payment to be made by GEO or the Borrowers, as applicableBorrower, the interest rate applicable to ABR Loans. If GEO or the Borrowers, as applicable, 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 GEO (in the case of any such interest in respect of a Term Borrowing) or the Borrowers (in the case of any such interest in respect of a Revolving Credit Borrowing) Borrower the amount of such interest paid by GEO or the Borrowers, as applicable, Borrower for such period. If such Lender pays its share of the applicable Borrowing to the Administrative Agent, then the amount so paid shall constitute such Lender’s Loan included in such Borrowing. Any payment by GEO or the Borrowers, as applicable, Borrower shall be without prejudice to any claim GEO or the Borrowers, as applicable, Borrower may have against a Lender that shall have failed to make such payment to the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Frontier Communications Corp)

Presumption by the Administrative Agent. Unless the Administrative 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 Administrative Agent such LenderXxxxxx’s share of such Borrowing, the Administrative Agent may assume that such Lender Xxxxxx has made such share available on such date in accordance with paragraph (a) of this Section 2.06(a) and mayand, in reliance upon such assumption, the Administrative Agent may (in its sole discretion and without any obligation to do so) make available to GEO (in the case of any Term Borrowing) or the Borrowers (in the case of any Revolving Credit Borrowing), 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 GEO (in the case of any Term Borrowing) or the Borrowers (in the case of any Term Borrowing) Borrower severally agree to pay to the Administrative Agent forthwith on demand such corresponding amount in the corresponding Currency with interest thereon, for each day from and including the date such amount is made available to GEO or any Borrower, as applicable, the Borrower to but excluding the date of payment to the Administrative 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 Administrative Agent in accordance with banking industry rules on interbank compensation from time to time in effect and (ii) in the case of a payment the Borrower, (x) with respect to be made by GEO or the Borrowers, as applicableEurocurrency Borrowings, the interest rate applicable to ABR Loans. If GEO or Eurocurrency Loans denominated in such Currency having an Interest Period of one month’s duration, (y) with respect to Term SOFR Borrowings, the Borrowersinterest rate applicable to Term SOFR Loans having an Interest Period of one month’s duration and (z) with respect to Borrowings denominated in Pounds Sterling or, Swiss Francs or, following a Benchmark Transition Event with respect to Term XXXXX, Canadian Dollars, the interest rate applicable to RFR Loans denominated in such Currency, as applicable, 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 GEO (in the case of any such interest in respect of a Term Borrowing) or the Borrowers (in the case of any such interest in respect of a Revolving Credit Borrowing) the amount of such interest paid by GEO or the Borrowers, as applicable, for such period. If such Lender pays its share of the applicable Borrowing such amount to the Administrative Agent, then the such amount so paid shall constitute such LenderXxxxxx’s Loan included in such Borrowing. Any payment by GEO or the BorrowersNothing in this paragraph shall relieve any Lender of its obligation to fulfill its commitments hereunder, as applicable, and shall be without prejudice to any claim GEO or the Borrowers, as applicable, Borrower may have against a Lender that shall have failed to make such payment to the Administrative Agent.

Appears in 1 contract

Samples: Senior Secured Revolving Credit Agreement (Barings Capital Investment Corp)

Presumption by the Administrative Agent. Unless the Administrative 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 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(a) and may, in reliance upon such assumption, make available to GEO (in the case of any Term Borrowing) or the Borrowers (in the case of any Revolving Credit Borrowing), 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 GEO (in the case of any Term Borrowing) or the Borrowers (in the case of any Term Borrowing) 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 GEO or any Borrower, as applicable, the Borrower to but excluding the date of payment to the Administrative 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 (if such Loan is denominated in Dollars) or at the overnight London interbank offered rate for the relevant Agreed Foreign Currency determined by the Administrative Agent in accordance with banking industry rules on interbank compensation and good faith (if such Loan is denominated in such Currency) or (ii) in the case of a payment to be made by GEO or the Borrowers, as applicableBorrower, the interest rate applicable to ABR Loans. If GEO or the Borrowers, as applicable, and such Lender shall pay pays such interest amount to the Administrative Agent for the same or an overlapping periodAgent, the Administrative Agent then such amount shall promptly remit constitute such Lender's Loan included in such Borrowing. With respect to GEO (in the case of any such interest in respect share of a Term Borrowing) or the Borrowers (in the case of any such interest in respect of Borrowing not made available by a Revolving Credit Borrowing) the amount of such interest paid by GEO or the BorrowersLender as contemplated above, as applicable, for such period. If if such Lender subsequently pays its share of the applicable such Borrowing to the Administrative Agent, then the Administrative Agent shall promptly repay any corresponding amount so paid shall constitute such Lender’s Loan included in such Borrowing. Any payment by GEO or the Borrowers, as applicable, shall be without prejudice to any claim GEO or the Borrowers, as applicable, may have against a Lender that shall have failed to make such payment Borrower to the Administrative Agent as provided in this paragraph (including interest thereon to the extent received by the Administrative Agent); provided that such repayment to the Borrower shall not operate as a waiver or any abandonment of any rights or remedies of the Borrower with respect to such Lender.

Appears in 1 contract

Samples: Credit Agreement (Brunswick Corp)

Presumption by the Administrative Agent. Unless the Administrative Agent shall have received notice from an Initial Lender (and, if such Initial Lender is a Lender BNP Affiliate, an additional notice from BNP Paribas as Initial Commitment Lender) prior to the proposed date time of any the Borrowing on the Closing Date that such Initial Lender will not make available to the Administrative Agent such Initial Lender’s share of such Borrowingthe requested Borrowing or Borrowings, the Administrative Agent may assume that such each Lender has made such its share of the Borrowing available on such date in accordance with Section 2.06(a2.05(a) and may, in reliance upon such assumptionassumption or, in the event that the Administrative Agent shall have received a notice from a Lender other than an Initial Commitment Lender that such Lender will not make available its share of the requested Borrowing, in reliance upon the commitments of the Initial Commitment Lenders under the Commitment Letter and Section 2.05(c) and (d) below, make available to GEO (in the case of any Term Borrowing) or the Borrowers (in the case of any Revolving Credit Borrowing), Borrower a corresponding amount. In such event, if a Lender that is an Initial Lender has not in fact made its share of the applicable Borrowing available to the Administrative AgentAgent (in the case of a BNP Affiliate after giving effect to the obligations of BNP Paribas under Section 2.05(d)), then the applicable Lender and GEO (in the case of any Term Borrowing) or the Borrowers (in the case of any Term Borrowing) 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 GEO or any Borrower, as applicable, the Borrower to but excluding the date of payment to the Administrative 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 Administrative Agent in accordance with banking industry rules on interbank compensation and or (ii) in the case of a payment to be made by GEO or the Borrowers, as applicableBorrower, the interest rate applicable to ABR Loans. If GEO or the Borrowers, as applicable, 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 GEO (in the case of any such interest in respect of a Term Borrowing) or the Borrowers (in the case of any such interest in respect of a Revolving Credit Borrowing) the amount of such interest paid by GEO or the Borrowers, as applicable, for such period. If such Lender pays its share of the applicable Borrowing such amount to the Administrative Agent, then the such amount so paid shall constitute such Lender’s Loan included in such Borrowing. Any payment by GEO or the Borrowers, as applicable, shall be without prejudice to any claim GEO or the Borrowers, as applicable, may have against a Lender that shall have failed to make such payment to the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (International Paper Co /New/)

Presumption by the Administrative Agent. Unless the Administrative 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 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 2.06(a) and mayand, in reliance upon such assumption, the Administrative Agent may (in its sole discretion and without any obligation to do so) make available to GEO (in the case of any Term Borrowing) or the Borrowers (in the case of any Revolving Credit Borrowing), 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 GEO (in the case of any Term Borrowing) or the Borrowers (in the case of any Term Borrowing) Borrower severally agree to pay to the Administrative Agent forthwith on demand such corresponding amount in the corresponding Currency with interest thereon, for each day from and including the date such amount is made available to GEO or any Borrower, as applicable, the Borrower to but excluding the date of payment to the Administrative 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 Administrative Agent in accordance with banking industry rules on interbank compensation and (ii) in the case of a payment the Borrower, (x) with respect to be made by GEO or the Borrowers, as applicableEurocurrency Borrowings, the interest rate applicable to ABR Loans. If GEO or Eurocurrency Loans denominated in such Currency having an Interest Period of one month’s duration, (y) with respect to Term SOFR Borrowings, the Borrowersinterest rate applicable to Term SOFR Loans having an Interest Period of one month’s duration and (z) with respect to Borrowings denominated in Pounds Sterling or, Swiss Francs or, following a Benchmark Transition Event with respect to Term CORRA, Canadian Dollars, the interest rate applicable to RFR Loans denominated in such Currency, as applicable, 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 GEO (in the case of any such interest in respect of a Term Borrowing) or the Borrowers (in the case of any such interest in respect of a Revolving Credit Borrowing) the amount of such interest paid by GEO or the Borrowers, as applicable, for such period. If such Lender pays its share of the applicable Borrowing such amount to the Administrative Agent, then the such amount so paid shall constitute such Lender’s Loan included in such Borrowing. Any payment by GEO or the BorrowersNothing in this paragraph shall relieve any Lender of its obligation to fulfill its commitments hereunder, as applicable, and shall be without prejudice to any claim GEO or the Borrowers, as applicable, Borrower may have against a Lender that shall have failed to make such payment to the Administrative Agent.

Appears in 1 contract

Samples: Senior Secured Revolving Credit Agreement (Barings BDC, Inc.)

Presumption by the Administrative Agent. Unless the Administrative Agent shall have received notice from a Lender prior to (i) the proposed date of any Eurodollar Borrowing or (ii) in the case of any proposed ABR Borrowing, 3:00 p.m., New York City time, on the proposed date of such ABR 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(a) and may, in reliance upon such assumption, make available to GEO (in the case of any Term Borrowing) or the Borrowers (in the case of any Revolving Credit Borrowing), 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 GEO (in the case of any Term Borrowing) or the Borrowers (in the case of any Term Borrowing) 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 GEO or any Borrower, as applicable, the Borrower to but excluding the date of payment to the Administrative 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 Administrative Agent in accordance with banking industry rules on interbank compensation and (ii) in the case of a payment to be made by GEO or the Borrowers, as applicableBorrower, the interest rate applicable to ABR Loans. If GEO or the Borrowers, as applicable, 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 GEO (in the case of any such interest in respect of a Term Borrowing) or the Borrowers (in the case of any such interest in respect of a Revolving Credit Borrowing) Borrower the amount of such interest paid by GEO or the Borrowers, as applicable, Borrower for such period. If such Lender pays its share of the applicable Borrowing to the Administrative Agent, then the amount so paid shall constitute such Lender’s 's Loan included in such Borrowing. Any payment by GEO or the Borrowers, as applicable, Borrower shall be without prejudice to any claim GEO or the Borrowers, as applicable, Borrower may have against a Lender that shall have failed to make such payment to the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Citizens Communications Co)

Presumption by the Administrative Agent. Unless the Administrative Agent shall have received notice from a Lender prior to the proposed date of any Borrowing (other than a Competitive Loan) that such Lender will not make available to the Administrative Agent such LenderLxxxxx’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(a) and may, in reliance upon such assumption, make available to GEO (in the case of any Term Borrowing) or the Borrowers (in the case of any Revolving Credit Borrowing), ODEC 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 GEO (in the case of any Term Borrowing) or the Borrowers (in the case of any Term Borrowing) ODEC 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 GEO or any Borrower, as applicable, ODEC to but excluding the date of payment to the Administrative 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 Administrative Agent in accordance with banking industry rules on interbank compensation and or (ii) in the case of a payment to be made by GEO or the Borrowers, as applicableODEC, the interest rate applicable to ABR Base Rate Loans. If GEO or the Borrowers, as applicable, each of ODEC 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 GEO (in the case of any such interest in respect of a Term Borrowing) or the Borrowers (in the case of any such interest in respect of a Revolving Credit Borrowing) ODEC the amount of such interest paid by GEO or the Borrowers, as applicable, ODEC for such period. If such Lender pays its share of the applicable Borrowing such amount to the Administrative Agent, then the such amount so paid shall constitute such Lender’s Loan included in such Borrowing. Notwithstanding the foregoing, the Administrative Agent has no obligation to make any Loan funds available to ODEC unless the Administrative Agent has received such funds from the Lenders in accordance with the terms hereof. Any payment by GEO or the Borrowers, as applicable, ODEC shall be without prejudice to any claim GEO or the Borrowers, as applicable, ODEC may have against a Lender that shall have failed to make such payment to the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Old Dominion Electric Cooperative)

Presumption by the Administrative Agent. Unless the Administrative 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 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 2.06(a) and may, in reliance upon such assumption, make available to GEO (in the case of any Term Borrowing) or the Borrowers (in the case of any Revolving Credit Borrowing), 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 GEO (in the case of any Term Borrowing) or the Borrowers (in the case of any Term Borrowing) 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 GEO or any Borrower, as applicable, the Borrowers to but excluding the date of payment to the Administrative 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 Administrative Agent in accordance with banking industry rules on interbank compensation and (ii) in the case of a payment to be made by GEO or the Borrowers, as applicable, the interest rate applicable to Syndicated ABR Loans. If GEO or the Borrowers, as applicable, 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 GEO (in the case of any such interest in respect of a Term Borrowing) or the Borrowers (in the case of any such interest in respect of a Revolving Credit Borrowing) the amount of such interest paid by GEO or the Borrowers, as applicable, Borrowers for such period. If such Lender pays its share of the applicable Borrowing to the Administrative Agent, then the amount so paid shall constitute such Lender’s Loan included in such Borrowing. Any payment by GEO or the Borrowers, as applicable, Borrowers shall be without prejudice to any claim GEO or the Borrowers, as applicable, Borrowers may have against a Lender that shall have failed to make such payment to the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Dillards Inc)

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