Common use of Presumptions by the Agent Clause in Contracts

Presumptions by the Agent. Unless the Agent shall have received notice from a Lender prior to the proposed date of the Term Loan that such Lender will not make available to the Agent such Lender’s share of the Term Loan, the Agent may assume that such Lender has made such share available on such date in accordance with Section 2.6.1 [Making the Term Loan] and may, in reliance upon such assumption, make available to the Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of the Term Loan available to the Agent, then the applicable Lender and the Borrower severally agree to pay to the Agent forthwith on demand such corresponding amount with interest thereon, for each day from and including the date such amount is made available to the Borrower to but excluding the date of payment to the Agent, at (i) in the case of a payment to be made by such Lender, the greater of the Federal Funds Effective Rate and a rate determined by the Agent in accordance with banking industry rules on interbank compensation and (ii) in the case of a payment to be made by the Borrower, the interest rate applicable to the portion of the Term Loan under the Base Rate Option. If such Lender pays its share of the Term Loan to the Agent, then the amount so paid shall constitute such Lender’s portion of the Term Loan. Any prepayment by the Borrower that shall duplicate a payment by such Lender shall be promptly returned to the Borrower in immediately available funds or otherwise as shall be determined by the Borrower and Agent. Any payment by the Borrower shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make such payment to the Agent.

Presumptions by the Agent. Unless the Agent shall have received notice from a Lender prior to the proposed date of the Term any Loan that such Lender will not make available to the Agent such Lender’s share of the Term such Loan, the Agent may assume that such Lender has made such share available on such date in accordance with Section 2.6.1 [Making the Term LoanRevolving Credit Loans] and may, in reliance upon such assumption, make available to the Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of the Term applicable Loan available to the Agent, then the applicable Lender and the Borrower severally agree to pay to the Agent forthwith on demand such corresponding amount with interest thereon, for each day from and including the date such amount is made available to the Borrower to but excluding the date of payment to the Agent, at (i) in the case of a payment to be made by such Lender, the greater of the Federal Funds Effective Rate and a rate determined by the Agent in accordance with banking industry rules on interbank compensation and (ii) in the case of a payment to be made by the Borrower, the interest rate applicable to the portion of the Term Loan Loans under the Base Rate Option. If such Lender pays its share of the Term applicable Loan to the Agent, then the amount so paid shall constitute such Lender’s portion of the Term Loan. Any prepayment by the Borrower that shall duplicate a payment by such Lender shall be promptly returned to the Borrower in immediately available funds or otherwise as shall be determined by the Borrower and Agent. Any payment by the Borrower shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make such payment to the Agent.

Presumptions by the Agent. Unless the Agent shall have received notice from a Lender prior to the proposed date time of any Base Rate Loan, or, for Loans other than Base Rate Loans, prior to the Term Loan close of business the day before the Borrowing Date, that such Lender will not make available to the Agent such Lender’s share of the Term such Loan, the Agent may assume that such Lender has made such share available on such date in accordance with Section 2.6.1 [Making the Term LoanRevolving Credit Loans] and may, in reliance upon such assumption, make available to the Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of the Term applicable Loan available to the Agent, then the applicable Lender and the Borrower severally agree to pay to the Agent forthwith on demand such corresponding amount in the appropriate currency with interest thereon, for each day from and including the date such amount is made available to the Borrower to but excluding the date of payment to the Agent, at (i) in the case of a payment to be made by such Lender, the greater of the Federal Funds Effective Rate (or, for payments in an Optional Currency, the Overnight Rate), and a rate determined by the Agent in accordance with banking industry rules on interbank compensation and (ii) in the case of a payment to be made by the Borrower, the interest rate applicable to the portion of the Term Loan Loans under the Base Rate OptionOption or, if specified, the same Interest Rate Option designated by the Borrower in its applicable Loan Request. If such Lender pays its share of the Term applicable Loan to the Agent, then the amount so paid shall constitute such Lender’s portion of the Term Loan. Any prepayment by the Borrower that shall duplicate a payment by such Lender shall be promptly returned to the Borrower in immediately available funds or otherwise as shall be determined by the Borrower and Agent. Any payment by the Borrower shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make such payment to the Agent.

Presumptions by the Agent. Unless the Agent shall have received notice from a Lender prior to the proposed date of the Term any Loan that such Lender will not make available to the Agent such Lender’s 's share of the Term such Loan, the Agent may assume that such Lender has made such share available on such date in accordance with Section 2.6.1 [Making the Term LoanRevolving Credit Loans] and may, in reliance upon such assumption, make available to the Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of the Term applicable Loan available to the Agent, then the applicable Lender and the Borrower severally agree to pay to the Agent forthwith on demand such corresponding amount with interest thereon, for each day from and including the date such amount is made available to the Borrower to but excluding the date of payment to the Agent, at (i) in the case of a payment to be made by such Lender, the greater of the Federal Funds Effective Rate and a rate determined by the Agent in accordance with banking industry rules on interbank compensation and (ii) in the case of a payment to be made by the Borrower, the interest rate applicable to the portion of the Term Loan Loans under the Base Rate Option. If such Lender pays its share of the Term applicable Loan to the Agent, then the amount so paid shall constitute such Lender’s portion of the Term 's Loan. Any prepayment by the Borrower that shall duplicate a payment by such Lender shall be promptly returned to the Borrower in immediately available funds or otherwise as shall be determined by the Borrower and Agent. Any payment by the Borrower shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make such payment to the Agent.