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 (or in the case of any ABR Borrowing, on or prior to the proposed date of such 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 relevant Account Party 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 relevant Account Party 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 such Account Party to but excluding the date of payment to the Administrative Agent, at (i) in the case of such Lender, the Federal Funds Effective Rate or (ii) in the case of such Account Party, 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.

Presumption by the Administrative Agent. Unless the Administrative Agent shall have received notice (which may be by telephone if promptly confirmed in writing) from a Lender the applicable Borrower prior to the proposed date of on which any Borrowing (or in the case of any ABR Borrowing, on or prior payment is due to the proposed date of such Borrowing) applicable Lenders or any L/C Issuer hereunder that such Lender Borrower will not make available to the Administrative Agent such Lender's share of such Borrowingpayment, the Administrative Agent may assume that such Lender Borrower has made such share available payment on such date in accordance with paragraph (a) of this Section herewith, and may, in reliance upon such assumption, make available distribute to the relevant Account Party a corresponding amountapplicable Lenders or the L/C Issuer, as the case may be, the amount due. In such event, if a Lender such Borrower has not in fact made its share such payment, then each of the applicable Borrowing available Lenders or the L/C Issuer, as the case may be, severally agrees to the Administrative Agent, then the applicable Lender and the relevant Account Party severally agree to pay repay to the Administrative Agent forthwith on demand the amount so distributed to such corresponding amount Lender or L/C Issuer, in immediately available funds with interest thereon, for each day from and including the date such amount is made available to such Account Party distributed to but excluding the date of payment to the Administrative Agent, Agent at (i) in the case greater of such Lender, the Federal Funds Effective Rate or (ii) in the case of such Account Party, the interest and a rate applicable to ABR Loans. If such Lender pays such amount to determined by the Administrative AgentAgent in accordance with banking industry rules on interbank compensation. A notice of the Administrative Agent to any Lender or any Borrower with respect to any amount owing under this subsection (b) shall be conclusive, then such amount shall constitute such Lender's Loan included in such Borrowingabsent manifest error.

Presumption by the Administrative Agent. Unless the Administrative Agent shall have received notice from a Lender prior to the proposed date of any Borrowing (or in the case of any ABR Borrowing, on or prior to the proposed date of such 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 and may, in reliance upon such assumption, make available to the relevant Account Party 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 relevant Account Party 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 such Account Party to but excluding the date of payment to the Administrative Agent, at (i) in the case of such Lender, the Federal Funds Effective Rate or (ii) in the case of such Account Party, 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.

Presumption by the Administrative Agent. Unless the Administrative Agent shall have received notice from a Lender the applicable Borrower prior to the proposed date of on which any Borrowing (or in the case of any ABR Borrowing, on or prior payment is due to the proposed date of such Borrowing) applicable Lenders or any L/C Issuer hereunder that such Lender Borrower will not make available to the Administrative Agent such Lender's share of such Borrowingpayment, the Administrative Agent may assume that such Lender Borrower has made such share available payment on such date in accordance with paragraph (a) of this Section herewith, and may, in reliance upon such assumption, make available distribute to the relevant Account Party a corresponding amountapplicable Lenders or the applicable L/C Issuers, as the case may be, the amount due. In such event, if a Lender such Borrower has not in fact made its share such payment, then each of the applicable Borrowing available to the Administrative Agent, then Lenders or the applicable Lender and L/C Issuers, as the relevant Account Party case may be, severally agree agrees to pay repay to the Administrative Agent forthwith on demand the amount so distributed to such corresponding amount Lender or L/C Issuer, in immediately available funds with interest thereon, for each day from and including the date such amount is made available to such Account Party distributed to but excluding the date of payment to the Administrative Agent, Agent at (i) in the case greater of such Lender, the Federal Funds Effective Rate or (ii) in the case of such Account Party, the interest and a rate applicable to ABR Loans. If such Lender pays such amount to determined by the Administrative AgentAgent in accordance with banking industry rules on interbank compensation. A notice of the Administrative Agent to any Lender with respect to any amount owing under this clause (b) shall be conclusive, then such amount shall constitute such Lender's Loan included in such Borrowingabsent manifest error.

Presumption by the Administrative Agent. Unless the Administrative Agent shall have received notice (which may be by telephone if promptly confirmed in writing) from a Lender the Borrower prior to the proposed date of on which any Borrowing (or in the case of any ABR Borrowing, on or prior payment is due to the proposed date of such Borrowing) applicable Lenders or any L/C Issuer hereunder that such Lender the Borrower will not make available to the Administrative Agent such Lender's share of such Borrowingpayment, the Administrative Agent may assume that such Lender the Borrower has made such share available payment on such date in accordance with paragraph (a) of this Section herewith, and may, in reliance upon such assumption, make available distribute to the relevant Account Party a corresponding amountapplicable Lenders or the L/C Issuer, as the case may be, the amount due. In such event, if a Lender the Borrower has not in fact made its share such payment, then each of the applicable Borrowing available Lenders or the L/C Issuer, as the case may be, severally agrees to the Administrative Agent, then the applicable Lender and the relevant Account Party severally agree to pay repay to the Administrative Agent forthwith on demand the amount so distributed to such corresponding amount Lender or L/C Issuer, in immediately available funds with interest thereon, for each day from and including the date such amount is made available to such Account Party distributed to but excluding the date of payment to the Administrative Agent, Agent at (i) in the case greater of such Lender, the Federal Funds Effective Rate or (ii) in the case of such Account Party, the interest and a rate applicable to ABR Loans. If such Lender pays such amount to determined by the Administrative AgentAgent in accordance with banking industry rules on interbank compensation. A notice of the Administrative Agent to any Lender with respect to any amount owing under this subsection (b) shall be conclusive, then such amount shall constitute such Lender's Loan included in such Borrowingabsent manifest error.

Presumption by the Administrative Agent. Unless the Administrative Agent shall have received notice (which may be by telephone if promptly confirmed in writing) from a Lender the applicable Borrower prior to the proposed date of on which any Borrowing (or in the case of any ABR Borrowing, on or prior payment is due to the proposed date of such Borrowing) applicable Lenders or any L/C Issuer hereunder that such Lender Borrower will not make available to the Administrative Agent such Lender's share of such Borrowingpayment, the Administrative Agent may assume that such Lender Borrower has made such share available payment on such date in accordance with paragraph (a) of this Section herewith, and may, in reliance upon such assumption, make available distribute to the relevant Account Party a corresponding amountapplicable Lenders or the L/C Issuer, as the case may be, the amount due. In such event, if a Lender such Borrower has not in fact made its share such payment, then each of the applicable Borrowing available Lenders or the L/C Issuer, as the case may be, severally agrees to the Administrative Agent, then the applicable Lender and the relevant Account Party severally agree to pay repay to the Administrative Agent forthwith on demand the amount so distributed to such corresponding amount Lender or L/C Issuer, in immediately available funds with interest thereon, for each day from and including the date such amount is made available to such Account Party distributed to but excluding the date of payment to the Administrative Agent, Agent at (i) in the case greater of such Lender, the Federal Funds Effective Rate or (ii) in the case of such Account Party, the interest and a rate applicable to ABR Loans. If such Lender pays such amount to determined by the Administrative AgentAgent in accordance with banking industry rules on interbank compensation. A notice of the Administrative Agent to any Lender with respect to any amount owing under this subsection (b) shall be conclusive, then such amount shall constitute such Lender's Loan included in such Borrowingabsent manifest error.

Presumption by the Administrative Agent. Unless the Administrative Agent shall have received notice from a Lender the Borrower prior to the proposed date of on which any Borrowing (or in the case of any ABR Borrowing, on or prior payment is due to the proposed date of such Borrowing) applicable Lenders or any L/C Issuer hereunder that such Lender the Borrower will not make available to the Administrative Agent such Lender's share of such Borrowingpayment, the Administrative Agent may assume that such Lender the Borrower has made such share available payment on such date in accordance with paragraph (a) of this Section herewith, and may, in reliance upon such assumption, make available distribute to the relevant Account Party a corresponding amountapplicable Lenders or the applicable L/C Issuers, as the case may be, the amount due. In such event, if a Lender the Borrower has not in fact made its share such payment, then each of the applicable Borrowing available to the Administrative Agent, then Lenders or the applicable Lender and L/C Issuers, as the relevant Account Party case may be, severally agree agrees to pay repay to the Administrative Agent forthwith on demand the amount so distributed to such corresponding amount Lender or L/C Issuer, in immediately available funds with interest thereon, for each day from and including the date such amount is made available to such Account Party distributed to but excluding the date of payment to the Administrative Agent, Agent at (i) in the case greater of such Lender, the Federal Funds Effective Rate or (ii) in the case of such Account Party, the interest and a rate applicable to ABR Loans. If such Lender pays such amount to determined by the Administrative AgentAgent in accordance with banking industry rules on interbank compensation. A notice of the Administrative Agent to any Lender with respect to any amount owing under this clause (b) shall be conclusive, then such amount shall constitute such Lender's Loan included in such Borrowingabsent manifest error.

Presumption by the Administrative Agent. Unless the Administrative Agent shall have received notice from a Lender the Borrower prior to the proposed date of on which any Borrowing (or in the case of any ABR Borrowing, on or prior payment is due to the proposed date of such Borrowing) applicable Lenders or any L/C Issuer hereunder that such Lender the Borrower will not make available to the Administrative Agent such Lender's share of such Borrowingpayment, the Administrative Agent may assume that such Lender the Borrower has made such share available payment on such date in accordance with paragraph (a) of this Section herewith, and may, in reliance upon such assumption, make available distribute to the relevant Account Party a corresponding amountapplicable Lenders or the applicable L/C Issuers, as the case may be, the amount due. In such event, if a Lender the Borrower has not in fact made its share such payment, then each of the applicable Borrowing available to the Administrative Agent, then Lenders or the applicable Lender and L/C Issuers, as the relevant Account Party case may be, severally agree agrees to pay repay to the Administrative Agent forthwith on demand the amount so distributed to such corresponding amount Lender or L/C Issuer, in immediately available funds with interest thereon, for each day from and including the date such amount is made available to such Account Party distributed to but excluding the date of payment to the Administrative Agent, Agent at (i) in the case greater of such Lender, the Federal Funds Effective Rate or (ii) in the case of such Account Party, the interest and a rate applicable to ABR Loans. If such Lender pays such amount to determined by the Administrative AgentAgent in accordance with banking industry rules on interbank compensation. A notice of the Administrative Agent to any Lender with respect to any amount owing under this subsection (b) shall be conclusive, then such amount shall constitute such Lender's Loan included in such Borrowingabsent manifest error.

Presumption by the Administrative Agent. Unless the Administrative Agent shall have received notice from a Lender the Borrower prior to the proposed date of on which any Borrowing (or in the case of any ABR Borrowing, on or prior payment is due to the proposed date of such Borrowing) applicable Lenders or any L/C Issuer hereunder that such Lender the Borrower will not make available to the Administrative Agent such Lender's share of such Borrowingpayment, the Administrative Agent may assume that such Lender the Borrower has made such share available payment on such date in accordance with paragraph (a) of this Section herewith, and may, in reliance upon such assumption, make available distribute to the relevant Account Party a corresponding amountapplicable Lenders or the applicable L/C Issuers, as the case may be, the amount due. In such event, if a Lender the Borrower has not in fact made its share such payment, then each of the applicable Borrowing available to the Administrative Agent, then Lenders or the applicable Lender and L/C Issuers, as the relevant Account Party case may be, severally agree agrees to pay repay to the Administrative Agent forthwith on demand the amount so distributed to such corresponding amount Lender or L/C Issuer, in immediately available funds with interest thereon, for each day from and including the date such amount is made available to such Account Party distributed to but excluding the date of payment to the Administrative Agent, Agent at (i) in the case greater of such Lender, the Federal Funds Effective Overnight Rate or (ii) in the case of such Account Party, the interest and a rate applicable to ABR Loans. If such Lender pays such amount to determined by the Administrative AgentAgent in accordance with banking industry rules on interbank compensation. A notice of the Administrative Agent to any Lender with respect to any amount owing under this clause (b) shall be conclusive, then such amount shall constitute such Lender's Loan included in such Borrowingabsent manifest error.

Presumption by the Administrative Agent. Unless the Administrative Agent shall have received notice (which may be by telephone if promptly confirmed in writing) from a Lender the applicable Borrower prior to the proposed date of on which any Borrowing (or in the case of any ABR Borrowing, on or prior payment is due to the proposed date of such Borrowing) applicable Lenders or any L/C Issuer hereunder that such Lender thesuch Borrower will not make available to the Administrative Agent such Lender's share of such Borrowingpayment, the Administrative Agent may assume that such Lender thesuch Borrower has made such share available payment on such date in accordance with paragraph (a) of this Section herewith, and may, in reliance upon such assumption, make available distribute to the relevant Account Party a corresponding amountapplicable Lenders or the L/C Issuer, as the case may be, the amount due. In such event, if a Lender thesuch Borrower has not in fact made its share such payment, then each of the applicable Borrowing available Lenders or the L/C Issuer, as the case may be, severally agrees to the Administrative Agent, then the applicable Lender and the relevant Account Party severally agree to pay repay to the Administrative Agent forthwith on demand the amount so distributed to such corresponding amount Lender or L/C Issuer, in immediately available funds with interest thereon, for each day from and including the date such amount is made available to such Account Party distributed to but excluding the date of payment to the Administrative Agent, Agent at (i) in the case greater of such Lender, the Federal Funds Effective Rate or (ii) in the case of such Account Party, the interest and a rate applicable to ABR Loans. If such Lender pays such amount to determined by the Administrative AgentAgent in accordance with banking industry rules on interbank compensation. A notice of the Administrative Agent to any Lender with respect to any amount owing under this subsection (b) shall be conclusive, then such amount shall constitute such Lender's Loan included in such Borrowingabsent manifest error.

Presumption by the Administrative Agent. Unless the Administrative Agent shall have received notice (which may be by telephone if promptly confirmed in writing) from a Lender the Borrower prior to the proposed date of on which any Borrowing (or in the case of any ABR Borrowing, on or prior payment is due to the proposed date of such Borrowing) Lenders or any L/C Issuer hereunder that such Lender the Borrower will not make available to the Administrative Agent such Lender's share of such Borrowingpayment, the Administrative Agent may assume that such Lender the Borrower has made such share available payment on such date in accordance with paragraph (a) of this Section herewith, and may, in reliance upon such assumption, make available distribute to the relevant Account Party a corresponding amountLenders or the L/C Issuers, as the case may be, the amount due. In such event, if a Lender the Borrower has not in fact made its share such payment, then each of the applicable Borrowing available Lenders or the L/C Issuers, as the case may be, severally agrees to the Administrative Agent, then the applicable Lender and the relevant Account Party severally agree to pay repay to the Administrative Agent forthwith on demand the amount so distributed to such corresponding amount Lender or L/C Issuer, in immediately available funds with interest thereon, for each day from and including the date such amount is made available to such Account Party distributed to but excluding the date of payment to the Administrative Agent, at (i) in the case greater of such Lender, the Federal Funds Effective Rate or (ii) in the case of such Account Party, the interest and a rate applicable to ABR Loans. If such Lender pays such amount to determined by the Administrative AgentAgent in accordance with banking industry rules on interbank compensation. A notice of the Administrative Agent to any Lender with respect to any amount owing under this subsection (b) shall be conclusive, then such amount shall constitute such Lender's Loan included in such Borrowingabsent manifest error.

Presumption by the Administrative Agent. Unless the Administrative Agent shall have received notice from a Lender prior to the proposed date of any Borrowing (or in the case of any an ABR Borrowing, on or prior to 12:00 noon, New York City time, on the proposed date of such 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 and may, in reliance upon such assumption, make available to the relevant Account Party 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 relevant Account Party 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 such Account Party the Borrower to but excluding the date of payment to the Administrative Agent, at (i) in the case of 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 (including without limitation the Overnight Foreign Currency Rate in the case of Loans denominated in a Foreign Currency) or (ii) in the case of such Account Partythe 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 ’s Loan included in such Borrowing.