Presumptions of Payment. Unless the Administrative Agent shall have received notice from the Obligor Representative prior to the date on which any payment is due to the Administrative Agent for the account of the Lenders or any Issuing Bank entitled thereto (the “Applicable Recipient”) hereunder that the Borrower will not make such payment, the Administrative Agent may assume that the Borrower has made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the Applicable Recipient the amount due. In such event, if the Borrower has not in fact made such payment, then each Applicable Recipient severally agrees to repay to the Administrative Agent forthwith on demand the amount so distributed to such Applicable Recipient with interest thereon, for each day from and including the date such amount is distributed to it to but excluding the date of payment to the Administrative Agent, at the Federal Funds Effective Rate.
Appears in 6 contracts
Samples: Amendment (SPRINT Corp), Incremental Facility Amendment (SPRINT Corp), Incremental Facility Amendment (SPRINT Corp)
Presumptions of Payment. Unless the Administrative Agent shall have received notice from the Obligor Representative U.S. Borrower prior to the date on which any payment with respect to the Term Facility is due to the Administrative Agent for the account of the Lenders or any Issuing Bank entitled thereto (the “Applicable Recipient”) hereunder that the U.S. Borrower will not make such payment, the Administrative Agent may assume that the U.S. Borrower has made such payment on such date in accordance herewith and may, but is not obligated to, in reliance upon such assumption, distribute to the Applicable Recipient Lenders, the amount due. In such event, if the applicable Borrower has not in fact made such payment, then each Applicable Recipient of the Lenders, severally agrees to repay to the Administrative Agent forthwith on demand the amount so distributed to such Applicable Recipient Lender, with interest thereon, for each day from and including the date such amount is distributed to it to but excluding the date of payment to the Administrative Agent, at the greater of the Federal Funds Effective RateRate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation.
Appears in 2 contracts
Samples: Credit Agreement (1295728 Alberta ULC), Credit Agreement (1295728 Alberta ULC)
Presumptions of Payment. Unless the Administrative Agent shall have received notice from the Obligor Representative a Borrower prior to the date on which any payment or prepayment is due to the Administrative Agent for the account of the Lenders or any Issuing Bank entitled thereto (the “Applicable Recipient”) Lender hereunder that the such Borrower will not make such paymentpayment or prepayment, the Administrative Agent may assume that the such Borrower has made such payment or prepayment, as the case may be, on such date in accordance herewith and may, in reliance upon such assumptionassumption and in its sole discretion, distribute to the Applicable Recipient such Lender the amount due. In such event, if the such Borrower has not in fact made such paymentpayment or prepayment, then each Applicable Recipient severally agrees to such Lender shall repay to the Administrative Agent forthwith on demand the amount so distributed to such Applicable Recipient Lender with interest thereon, for each day from and including the date such amount is distributed to it to but excluding the date of payment to the Administrative Agent, at the Federal Funds Effective Rate.
Appears in 2 contracts
Samples: Credit Agreement (Foster Wheeler Ag), Credit Agreement (Foster Wheeler Ag)
Presumptions of Payment. Unless the Administrative Agent shall have received notice from the Obligor Borrower Representative prior to the date on which any payment is due to the Administrative Agent for the account of the Lenders or any Issuing Bank entitled thereto (the “Applicable Recipient”) hereunder that the Borrower Borrowers will not make such payment, the Administrative Agent may assume that the Borrower has Borrowers have made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the Applicable Recipient the amount due. In such event, if the Borrower has Borrowers have not in fact made such payment, then each Applicable Recipient severally agrees to repay to the Administrative Agent forthwith on demand the amount so distributed to such Applicable Recipient with interest thereon, for each day from and including the date such amount is distributed to it to but excluding the date of payment to the Administrative Agent, at the Federal Funds Effective Rate.
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Presumptions of Payment. Unless the Administrative Agent shall have received notice from the Obligor Representative U.S. Borrower prior to the date on which any payment with respect to the Facilities is due to the Administrative Agent for the account of the Lenders or any Issuing Bank entitled thereto (the “Applicable Recipient”) hereunder that the applicable Borrower will not make such payment, the Administrative Agent may assume that the applicable Borrower has made such payment on such date in accordance herewith and may, but is not obligated to, in reliance upon such assumption, distribute to the Applicable Recipient Lenders, the amount due. In such event, if the applicable Borrower has not in fact made such payment, then each Applicable Recipient of the Lenders severally agrees to repay to the Administrative Agent forthwith on demand the amount so distributed to such Applicable Recipient Lender, with interest thereon, for each day from and including the date such amount is distributed to it to but excluding the date of payment to the Administrative Agent, at the greater of the Federal Funds Effective RateRate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation.
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Presumptions of Payment. Unless the Administrative Agent shall have received notice from the Obligor Representative Borrower prior to the date on which any payment is due to the Administrative Agent for the account of the Lenders or any Issuing Bank entitled thereto (the “Applicable Recipient”) hereunder that the Borrower will not make such payment, the Administrative Agent may assume that the Borrower has made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the Applicable Recipient the amount due. In such event, if the Borrower has not in fact made such payment, then each Applicable Recipient severally agrees to repay to the Administrative Agent forthwith on demand the amount so distributed to such Applicable Recipient with interest thereon, for each day from and including the date such amount is distributed to it to but excluding the date of payment to the Administrative Agent, at the Federal Funds Effective Rate.
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Presumptions of Payment. Unless the Administrative Agent shall have received notice from the Obligor BorrowerObligor Representative prior to the date on which any payment is due to the Administrative Agent for the account of the Lenders or any Issuing Bank entitled thereto (the “Applicable Recipient”) hereunder that the Borrower Borrowers will not make such payment, the Administrative Agent may assume that the Borrower has Borrowers have made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the Applicable Recipient the amount due. In such event, if the Borrower has Borrowers have not in fact made such payment, then each Applicable Recipient severally agrees to repay to the Administrative Agent forthwith on demand the amount so distributed to such Applicable Recipient with interest thereon, for each day from and including the date such amount is distributed to it to but excluding the date of payment to the Administrative Agent, at the Federal Funds Effective Rate.
Appears in 1 contract
Samples: Amendment No. 1 (Sprint Nextel Corp)
Presumptions of Payment. Unless the Administrative Agent shall have received notice from the Obligor Representative Borrower prior to the date on which any payment is due to the Administrative Agent for the account of the Lenders or any Issuing Bank entitled thereto (the “Applicable Recipient”"APPLICABLE RECIPIENT") hereunder that the Borrower will not make such payment, the Administrative Agent may assume that the Borrower has made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the Applicable Recipient the amount due. In such event, if the Borrower has not in fact made such payment, then each Applicable Recipient severally agrees to repay to the Administrative Agent forthwith on demand the amount so distributed to such Applicable Recipient with interest thereon, for each day from and including the date such amount is distributed to it to but excluding the date of payment to the Administrative Agent, at the Federal Funds Effective Rate.
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