Common use of SETTLEMENTS; FAILURE TO MAKE FUNDS AVAILABLE Clause in Contracts

SETTLEMENTS; FAILURE TO MAKE FUNDS AVAILABLE. (a) On each Settlement Date, the Agent shall, not later than 12:00 noon (Boston time), give telephonic or facsimile notice (i) to the Banks and the Borrowers of the respective outstanding amount of Loans made by FNBB on behalf of the Banks pursuant to Section 2.6(b) hereof and the payments made against FNBB's Loans pursuant Section 3.2(a) hereof from the immediately preceding Settlement Date through the close of business on the prior day and the amount of any Eurodollar Rate Loans to be made (following the giving of notice pursuant to Section 2.6(a)) on such date pursuant to a Loan Request and (ii) to the Banks of the amount (a "Settlement Amount") that each Bank (each, a "Settling Bank") shall pay to effect a Settlement of any Loan. A statement of the Agent submitted to the Banks and the Borrowers with respect to any amounts owing under this Section 2.9 shall be prima facie evidence of the amount due and owing. Each Settling Bank shall, not later than 2:00 p.m. (Boston time) on such Settlement Date, effect a wire transfer of immediately available funds to the Agent for the account of FNBB in the amount of such Settling Bank's Settlement Amount. All funds advanced by any Bank as a Settling Bank pursuant to this Section 2.9 shall for all purposes be treated as a Loan made by such Settling Bank to the Borrowers and all funds received by any Settling Bank pursuant to this Section 2.9 shall for all purposes be treated as repayment of amounts owed with respect to Loans made by such Settling Bank. In the event that any bankruptcy, reorganization, liquidation, receivership or similar cases or proceedings in which any of the Borrowers is a debtor prevent a Settling Bank from making any Loan to effect a Settlement as contemplated hereby, such Settling Bank will make such disposition and arrangements with the other Banks with respect to such Loans, either by way of purchase of participations, distribution, pro tanto assignment of claims, subrogation or otherwise as shall result in each Bank's share of the outstanding Loans being equal, as nearly as may be, to such Bank's Commitment Percentage of the outstanding amount of the Loans. (b) If any Settling Bank makes available to the Agent its Settlement Amount on a date after such Settlement Date, such Settling Bank shall pay to the Agent on demand an amount equal to the product of (i) the average computed for the period referred to in clause (iii) below, of the weighted average interest rate paid by the Agent for federal funds acquired by the Agent during each day included in such period, times (ii) the amount of such Settlement Amount, times (iii) a fraction, the numerator of which is the number of days that elapse from and including such Settlement Date to the date on which the amount of such Settlement Amount shall become immediately available to the Agent, and the denominator of which is 360. A statement of the Agent submitted to such Settling Bank with respect to any amounts owing under this paragraph shall be prima facie evidence of the amount due and owing to FNBB by such Settling Bank. If such Settling Bank's Settlement Amount is not made available to the Agent by such Settling Bank within three (3) Business Days following such Settlement Date, the Agent shall be entitled to recover such amount from the Borrowers on demand, with interest thereon at the rate per annum applicable to Base Rate Loans as of such Settlement Date. (c) The failure or refusal of any Settling Bank to make available to the Agent at the aforesaid time and place on any Settlement Date the amount of its Settlement Amount (i) shall not relieve any other Settling Bank from its several obligations hereunder to make available to the Agent the amount of such other Settling Bank's Settlement Amount and (ii) shall not impose upon any other Bank any liability with respect to such failure or refusal or otherwise increase the Commitment of such other Bank.

SETTLEMENTS; FAILURE TO MAKE FUNDS AVAILABLE. (a) On each Settlement Date, the Administrative Agent shall, not later than 12:00 noon 11:00 a.m. (Boston Chicago time), give telephonic or facsimile notice (i) to the Banks and the Borrowers Borrower of the respective outstanding amount of Loans made by FNBB the Administrative Agent on behalf of the Banks pursuant to Section 2.6(b) hereof and the payments made against FNBB's Loans pursuant Section 3.2(a) hereof from the immediately preceding Settlement Date through the close of business on the prior day and the amount of any Eurodollar Rate LIBOR Loans to be made (following the giving of notice pursuant to Section 2.6(a5.3(a)(ii)) on such date pursuant to a Loan Request and (ii) to the Banks of the amount (a "Settlement Amount") that each Bank (each, a the "Settling Bank") shall pay to effect a Settlement of any Loan. A statement of the Administrative Agent submitted to the Banks and the Borrowers Borrower or to the Banks with respect to any amounts owing under this Section 2.9 5.6 shall be prima facie evidence of the amount due and owing. Each The Settling Bank shall, not later than 2:00 p.m. (Boston Chicago time) on such Settlement Date, effect a wire transfer of immediately available funds to the Administrative Agent for the account of FNBB in the amount of such Settling Bank's the Settlement Amount. All funds advanced by any Bank as a Settling Bank pursuant to this Section 2.9 5.6 shall for all purposes be treated as a Loan made by such Settling Bank to the Borrowers Borrower and all funds received by any Settling Bank pursuant to this Section 2.9 5.6 shall for all purposes be treated as repayment of amounts owed with respect to Loans made by such Settling Bank. In the event that any bankruptcy, reorganization, liquidation, receivership or similar cases or proceedings in which any of the Borrowers Borrower is a debtor prevent a Settling Bank from making any Loan to effect a Settlement as contemplated hereby, such Settling Bank will make such disposition and arrangements with the other Banks with respect to such Loans, either by way of purchase of participations, distribution, pro tanto assignment of claims, subrogation or otherwise as shall result in each Bank's share of the outstanding Revolving Credit Loans being equal, as nearly as may be, to such Bank's Commitment Percentage of the outstanding amount of the Revolving Credit Loans. (b) The Administrative Agent may, unless notified to the contrary by any Bank prior to a Settlement Date, assume that such Bank has made or will make available to the Administrative Agent on such Settlement Date the amount of such Bank's Settlement Amount, and the Administrative Agent may (but it shall not be required to), in reliance upon such assumption, make available to the Borrower a corresponding amount. If any Settling Bank makes available to the Administrative Agent its Settlement Amount such amount on a date after such Settlement Date, such Settling Bank shall pay to the Administrative Agent on demand an amount equal to the product of (i) the average computed for the period referred to in clause (iii) below, of the weighted average interest rate paid by the Administrative Agent for federal funds acquired by the such Administrative Agent during each day included in such period, times (ii) the amount of such Settlement Amount, times (iii) a fraction, the numerator of which is the number of days that elapse from and including such Settlement Date to the date on which the amount of such Settlement Amount shall become immediately available to the such Administrative Agent, and the denominator of which is 360. A statement of the Administrative Agent submitted to such Settling Bank with respect to any amounts owing under this paragraph shall be prima facie evidence of the amount due and owing to FNBB the Administrative Agent by such Settling Bank. If such Settling Bank's Settlement Amount is not made available to the Administrative Agent by such Settling Bank within three (3) Business Days following such Settlement Date, the Administrative Agent shall be entitled to recover such amount from the Borrowers Borrower on demand, with interest thereon at the rate per annum applicable to Base Rate the Revolving Credit Loans as of such Settlement Date. (c) The failure or refusal of any Settling Bank to make available to the Administrative Agent at the aforesaid time and place on any Settlement Date the amount of its Settlement Amount (i) shall not relieve any other Settling Bank from its several obligations hereunder to make available to the Administrative Agent the amount of such other Settling Bank's Settlement Amount and (ii) shall not impose upon any such other Bank any liability with respect to such failure or refusal or otherwise increase the Commitment of such other Bank.

SETTLEMENTS; FAILURE TO MAKE FUNDS AVAILABLE. (a) On each Settlement Date, the Applicable Agent shall, not later than 12:00 noon 11:00 a.m. (Boston time), give telephonic or facsimile notice (i) to the Applicable Banks and the Borrowers Borrower of the respective outstanding amount of Loans made by FNBB the Applicable Agent on behalf of the Applicable Banks pursuant to Section 2.6(b) hereof and the payments made against FNBB's Loans pursuant Section 3.2(a) hereof from the immediately preceding Settlement Date through the close of business on the prior day and the amount of any Eurodollar Rate Loans to be made (following the giving of notice pursuant to Section 2.6(a8.3(a)(ii)) on such date pursuant to a Loan Request and (ii) to the Applicable Banks of the amount (a "Settlement Amount") that each Applicable Bank (each, a the "Settling Bank") shall pay to effect a Settlement of any Loan. A statement of the Applicable Agent submitted to the Applicable Banks and the Borrowers Borrower or to the Applicable Banks with respect to any amounts owing under this Section 2.9 8.6 shall be prima facie evidence of the amount due and owing. Each The Settling Bank shall, not later than 2:00 3:00 p.m. (Boston time) on such Settlement Date, effect a wire transfer of immediately available funds to the Applicable Agent for the account of FNBB in the amount of such Settling Bank's the Settlement Amount. All funds advanced by any Applicable Bank as a Settling Bank pursuant to this Section 2.9 8.6 shall for all purposes be treated as a Loan made by such Settling Bank to the Borrowers Borrower and all funds received by any Settling Bank pursuant to this Section 2.9 8.6 shall for all purposes be treated as repayment of amounts owed with respect to Loans made by such Settling Bank. In the event that any bankruptcy, reorganization, liquidation, receivership or similar cases or proceedings in which any of the Borrowers Borrower is a debtor prevent a Settling Bank from making any Loan to effect a Settlement as contemplated hereby, such Settling Bank will make such disposition and arrangements with the other Applicable Banks with respect to such Loans, either by way of purchase of participations, distribution, pro tanto assignment of claims, subrogation or otherwise as shall result in each Applicable Bank's share of the outstanding Revolving Credit Loans or, as the case may be, Gold Loans being equal, as nearly as may be, to such Dollar Bank's Commitment Percentage of the outstanding amount of the Revolving Credit Loans, or as the case may be, such Gold Bank's Commitment Percentage of the outstanding amount of Gold Loans. (b) The Applicable Agent may, unless notified to the contrary by any Applicable Bank prior to a Settlement Date, assume that such Applicable Bank has made or will make available to the Applicable Agent on such Settlement Date the amount of such Applicable Bank's Settlement Amount, and the Applicable Agent may (but it shall not be required to), in reliance upon such assumption, make available to the Borrower a corresponding amount. If any Settling Applicable Bank makes available to the Applicable Agent its Settlement Amount such amount on a date after such Settlement Date, such Settling Applicable Bank shall pay to the Applicable Agent on demand an amount equal to the product of (i) the average computed for the period referred to in clause (iii) below, of the weighted average interest rate paid by the Applicable Agent for federal funds acquired by the such Applicable Agent during each day included in such period, times (ii) the amount of such Settlement Amount, times (iii) a fraction, the numerator of which is the number of days that elapse from and including such Settlement Date to the date on which the amount of such Settlement Amount shall become immediately available to the such Applicable Agent, and the denominator of which is 360. A statement of the Applicable Agent submitted to such Settling Applicable Bank with respect to any amounts owing under this paragraph shall be prima facie evidence of the amount due and owing to FNBB the Applicable Agent by such Settling Applicable Bank. If such Settling Applicable Bank's Settlement Amount is not made available to the Applicable Agent by such Settling Applicable Bank within three (3) Business Days following such Settlement Date, the Applicable Agent shall be entitled to recover such amount from the Borrowers Borrower on demand, with interest thereon at the rate per annum applicable to Base Rate the Revolving Credit Loans or, as the case may be, the Gold Loans as of such Settlement Date. (c) The failure or refusal of any Settling Applicable Bank to make available to the Applicable Agent at the aforesaid time and place on any Settlement Date the amount of its Settlement Amount (i) shall not relieve any other Settling Applicable Bank from its several obligations hereunder to make available to the Applicable Agent the amount of such other Settling Applicable Bank's Settlement Amount and (ii) shall not impose upon any such other Applicable Bank any liability with respect to such failure or refusal or otherwise increase the Commitment or, as the case may be, the Gold Commitment, of such other Applicable Bank.

SETTLEMENTS; FAILURE TO MAKE FUNDS AVAILABLE. (a) On each Settlement Date, the Agent shall, not later than 12:00 noon 10:00 a.m. (Boston time), give telephonic or facsimile notice (i) to the Banks Lenders and the Borrowers of the respective outstanding amount of Loans made by FNBB the Agent on behalf of the Banks pursuant to Section 2.6(b) hereof and the payments made against FNBB's Loans pursuant Section 3.2(a) hereof Lenders from the immediately preceding Settlement Date through the close of business on the prior day and the amount of any Eurodollar Rate Loans to be made (following the giving of notice pursuant to Section 2.6(a2.6(a)(ii)) on such date pursuant to a Loan Request and (ii) to the Banks Lenders of the amount (a "Settlement Amount") that each Bank Lender (each, a the "Settling BankLender") shall pay to effect a Settlement of any Loan. A statement of the Agent submitted to the Banks Lenders and the Borrowers with respect to any amounts owing under this Section 2.9 shall be prima facie evidence of the amount due and owing. Each The Settling Bank Lender shall, not later than 2:00 3:00 p.m. (Boston time) on such Settlement Date, effect a wire transfer of immediately available funds to the Agent for the account of FNBB in the amount of such Settling Bank's the Settlement Amount. All funds advanced by any Bank Lender as a Settling Bank Lender pursuant to this Section 2.9 shall for all purposes be treated as a Loan made by such Settling Bank Lender to the Borrowers and all funds received by any Settling Bank Lender pursuant to this Section 2.9 shall for all purposes be treated as repayment of amounts owed with respect to Loans made by such Settling BankLender. In the event that any bankruptcy, reorganization, liquidation, receivership or similar cases or proceedings in which any either of the Borrowers is a debtor prevent a Settling Bank Lender from making any Loan to effect a Settlement as contemplated hereby, such Settling Bank Lender will make such disposition and 35 -29- arrangements with the other Banks Lenders with respect to such Loans, either by way of purchase of participations, distribution, pro tanto assignment of claims, subrogation or otherwise as shall result in each BankLender's share of the outstanding Loans being equal, as nearly as may be, to such BankLender's Commitment Percentage of the outstanding amount of the Loans. (b) The Agent may, unless notified to the contrary by any Lender prior to a Settlement Date, assume that such Lender has made or will make available to the Agent on such Settlement Date the amount of such Lender's Settlement Amount, and the Agent may (but it shall not be required to), in reliance upon such assumption, make available to the Borrowers a corresponding amount. If any Settling Bank Lender makes available to the Agent its Settlement Amount such amount on a date after such Settlement Date, such Settling Bank Lender shall pay to the Agent on demand an amount equal to the product of (i) the average computed for the period referred to in clause (iii) below, of the weighted average interest rate paid by the Agent for federal funds acquired by the such Agent during each day included in such period, times (ii) the amount of such Settlement Amount, times (iii) a fraction, the numerator of which is the number of days that elapse from and including such Settlement Date to the date on which the amount of such Settlement Amount shall become immediately available to the such Agent, and the denominator of which is 360. A statement of the Agent submitted to such Settling Bank Lender with respect to any amounts owing under this paragraph shall be prima facie evidence of the amount due and owing to FNBB the Agent by such Settling BankLender. If such Settling BankLender's Settlement Amount is not made available to the Agent by such Settling Bank Lender within three (3) Business Days following such Settlement Date, the Agent shall be entitled to recover such amount from the Borrowers on demand, with interest thereon at the rate per annum applicable to Base Rate the Loans as of such Settlement Date. (c) The failure or refusal of any Settling Bank Lender to make available to the Agent at the aforesaid time and place on any Settlement Date the amount of its Settlement Amount (i) shall not relieve any other Settling Bank Lender from its several obligations hereunder to make available to the Agent the amount of such other Settling BankLender's Settlement Amount and (ii) shall not impose upon any such other Bank Lender any liability with respect to such failure or refusal or otherwise increase the Commitment of such other BankLender.

SETTLEMENTS; FAILURE TO MAKE FUNDS AVAILABLE. (a) On each Settlement Date, the Agent shall, not later than 12:00 noon (1:00 p.m. Boston time), give telephonic or facsimile notice (i) to the Revolving Credit Banks and the Borrowers Borrower of the respective outstanding amount of Revolving Credit Loans made by FNBB the Agent on behalf of the Revolving Credit Banks pursuant to Section 2.6(b) hereof and the payments made against FNBB's Loans pursuant Section 3.2(a) hereof from the immediately preceding Settlement Date through the close of business on the prior day and the amount of any Eurodollar Rate Loans to be made (following the giving of notice pursuant to Section 2.6(a)) on such date pursuant to a Loan Request and day, (ii) to the Revolving Credit Banks of the unfunded amount, if any, of each Revolving Credit Loan requested pursuant to Sections 2.1 or 2.3 hereof as of such date, and (iii) to the Revolving Credit Banks of the amount (a "Settlement Amount") that each Revolving Credit Bank (each, a the "Settling Bank") shall pay to effect a Settlement of any Revolving Credit Loan. A statement of the Agent submitted to the Revolving Credit Banks and the Borrowers Borrower or to the Revolving Credit Banks with respect to any amounts owing under this Section 2.9 2.11 shall be prima facie PRIMA FACIE evidence of the amount due and owing. Each Settling Bank shall, not later than 2:00 3:00 p.m. (Boston time) time on such Settlement Date, effect a wire transfer of immediately available funds to the Agent for the account of FNBB in the amount of such Settling Bank's the Settlement Amount. All funds advanced by any Revolving Credit Bank as a Settling Bank pursuant to this Section 2.9 2.11 shall for all purposes be treated as a Revolving Credit Loan made by such Settling Bank to the Borrowers Borrower and all funds received by any Settling Revolving Credit Bank pursuant to this Section 2.9 2.11 shall for all purposes be treated as a repayment of amounts owed with respect to Revolving Credit Loans made by such Settling Revolving Credit Bank. In the event that any bankruptcy, reorganization, liquidation, receivership or similar cases or proceedings in which any of the Borrowers is a debtor prevent a Settling Bank from making any Loan to effect a Settlement as contemplated hereby, such Settling Bank will make such disposition and arrangements with the other Banks with respect to such Loans, either by way of purchase of participations, distribution, pro tanto assignment of claims, subrogation or otherwise as shall result in each Bank's share of the outstanding Loans being equal, as nearly as may be, to such Bank's Commitment Percentage of the outstanding amount of the Loans. (b) The Agent may, unless notified to the contrary by any Revolving Credit Bank prior to a Settlement Date, assume that such Revolving Credit Bank has made or will make available to the Agent on such Settlement Date the amount of such Revolving Credit Bank's Settlement Amount, and the Agent may (but it shall not be required to), in reliance upon such assumption, make available to the Borrower a corresponding appropriate amount of a requested Revolving Credit Loan. If any Settling Revolving Credit Bank makes available to the Agent its Settlement Amount such amount on a date after such Settlement Date, such Settling Revolving Credit Bank shall pay to the Agent on demand an amount equal to the product of (i) the average computed for the period referred to in clause (iii) below, of the weighted average interest rate paid by the Agent for federal funds acquired by the such Agent during each day included in such period, times TIMES (ii) the amount of such Settlement Amount, times TIMES (iii) a fraction, the numerator of which is the number of days that elapse from and including such Settlement Date to the date on which the amount of such Settlement Amount shall become immediately available to the such Agent, and the denominator of which is 360365. A statement of the Agent submitted to such Settling Revolving Credit Bank with respect to any amounts owing under this paragraph shall be prima facie PRIMA FACIE evidence of the amount due and owing to FNBB the Agent by such Settling Revolving Credit Bank. If such Settling Revolving Credit Bank's Settlement Amount is not made available to the Agent by such Settling Revolving Credit Bank within three (3) Business Days following such Settlement Date, the Agent such Revolving Credit Bank shall be entitled deemed to recover such amount from be a Delinquent Bank and the Borrowers on demand, with interest thereon at the rate per annum applicable to Base Rate Loans as provisions of such Settlement DateSection 13.5(e) hereof shall apply thereto. (c) The failure or refusal of any Settling Revolving Credit Bank to make available to the Agent at the aforesaid time and place on any Settlement Date the amount of its Settlement Amount (i) shall not relieve any other Settling Revolving Credit Bank from its several obligations hereunder to make available to the Agent the amount of such other Settling Revolving Credit Bank's Settlement Amount and (ii) shall not impose upon any such other Revolving Credit Bank any liability with respect to such failure or refusal or otherwise increase the DIP Commitment or the Exit Commitment, as the case may be, of such other BankRevolving Credit Banks.

SETTLEMENTS; FAILURE TO MAKE FUNDS AVAILABLE. (a) On each Settlement Date, the Agent shall, not later than 12:00 noon (Boston time), give telephonic or facsimile notice (i) to the Banks and the Borrowers of the respective outstanding amount of Loans made by FNBB on behalf of the Banks pursuant to Section 2.6(b) hereof and the payments made against FNBB's Loans pursuant Section 3.2(a) hereof from the immediately preceding Settlement Date through the close of business on the prior day and the amount of any Eurodollar Rate Loans to be made (following the giving of notice pursuant to Section 2.6(a2.6(a)(ii)) on such date pursuant to a Loan Request and (ii) to the Banks Lenders of the amount (a "Settlement Amount") that each Bank Lender (each, a the "Settling BankLender") shall pay to effect a Settlement of any Loan. A statement of the Agent submitted to the Banks Lenders and the Borrowers with respect to any amounts owing under this Section 2.9 shall be prima facie evidence of the amount due and owing. Each The Settling Bank Lender shall, not later than 2:00 3:00 p.m. (Boston time) on such Settlement Date, effect a wire transfer of immediately available funds to the Agent for the account of FNBB in the amount of such Settling Bank's its Settlement Amount. All funds advanced by any Bank Lender as a Settling Bank Lender pursuant to this Section 2.9 shall for all purposes be treated as a Loan made by such Settling Bank Lender to the Borrowers and all funds received by any Settling Bank Lender pursuant to this Section 2.9 shall for all purposes be treated as repayment of amounts owed with respect to Loans made by such Settling BankLender. In the event that any bankruptcy, reorganization, liquidation, receivership or similar cases or proceedings in which any either of the Borrowers is a debtor prevent a Settling Bank Lender from making any Loan to effect a Settlement as contemplated hereby, such Settling Bank Lender will make such disposition and arrangements with the other Banks Lenders with respect to such Loans, either by way of purchase of participations, distribution, pro tanto assignment of claims, subrogation or otherwise as shall result in each BankLender's share of the outstanding Loans being equal, as nearly as may be, to such BankLender's Commitment Percentage of the outstanding amount of the Loans. (b) The Agent may, unless notified to the contrary by any Lender prior to a Settlement Date, assume that such Lender has made or will make available to the Agent on such Settlement Date the amount of such Lender's Settlement Amount, and the Agent may (but it shall not be required to), in reliance upon such assumption, make available to the Borrowers a corresponding amount. If any Settling Bank Lender makes available to the Agent its Settlement Amount such amount on a date after such Settlement Date, such Settling Bank Lender shall pay to the Agent on demand an amount equal to the product of (i) the average computed for the period referred to in clause (iii) below, of the weighted average interest rate paid by the Agent for federal funds acquired by the such Agent during each day included in such period, times (ii) the amount of such Settlement Amount, times (iii) a fraction, the numerator of which is the number of days that elapse from and including such Settlement Date to the date on which the amount of such Settlement Amount shall become immediately available to the such Agent, and the denominator of which is 360. A statement of the Agent submitted to such Settling Bank Lender with respect to any amounts owing under this paragraph shall be prima facie evidence of the amount due and owing to FNBB the Agent by such Settling BankLender. If such Settling BankLender's Settlement Amount is not made available to the Agent by such Settling Bank Lender within three (3) Business Days following such Settlement Date, the Agent shall be entitled to recover such amount from the Borrowers on demand, with interest thereon at the rate per annum applicable to Base Rate the Loans as of such Settlement Date. (c) The failure or refusal of any Settling Bank Lender to make available to the Agent at the aforesaid time and place on any Settlement Date the amount of its Settlement Amount (i) shall not relieve any other Settling Bank Lender from its several obligations hereunder to make available to the Agent the amount of such other Settling BankLender's Settlement Amount and (ii) shall not impose upon any such other Bank Lender any liability with respect to such failure or refusal or otherwise increase the Commitment of such other BankLender.

SETTLEMENTS; FAILURE TO MAKE FUNDS AVAILABLE. (a) On each Settlement Date, the Agent shall, not later than 12:00 noon 10:00 a.m. (Boston time), give telephonic or facsimile notice (i) to the Banks and the Borrowers of the respective outstanding amount of Loans made by FNBB the Agent on behalf of the Banks pursuant to Section 2.6(b) hereof and the payments made against FNBB's Loans pursuant Section 3.2(a) hereof from the immediately preceding Settlement Date through the close of business on the prior day and the amount of any Eurodollar Rate Loans to be made (following the giving of notice pursuant to Section 2.6(a)) on such date pursuant to a Loan Request and (ii) to the Banks of the amount (a "Settlement Amount") that each Bank (each, a the "Settling Bank") shall pay to effect a Settlement of any Loan. A statement of the Agent submitted to the Banks and the Borrowers or to the Banks with respect to any amounts owing under this Section 2.9 2.4 shall be prima facie evidence of the amount due and owing. Each The Settling Bank shall, not later than 2:00 3:00 p.m. (Boston time) on such Settlement Date, effect a wire transfer of immediately available funds to the Agent for the account of FNBB in the amount of such Settling Bank's the Settlement Amount. All funds advanced by any Bank as a Settling Bank pursuant to this Section 2.9 2.4 shall for all purposes be treated as a Loan made by such Settling Bank to the Borrowers and all funds received by any Settling Bank pursuant to this Section 2.9 2.4 shall for all purposes be treated as repayment of amounts owed with respect to Loans made by such Settling Bank. In the event that any bankruptcy, reorganization, liquidation, receivership or similar cases or proceedings in which any of the Borrowers is a debtor prevent a Settling Bank from making any Loan to effect a Settlement as contemplated hereby, such Settling Bank will make such disposition and arrangements with the other Banks with respect to such Loans, either by way of purchase of participations, distribution, pro tanto assignment of claims, subrogation or otherwise as shall result in each Bank's share of the outstanding Loans being equal, as nearly as may be, to such Bank's Commitment Percentage of the outstanding amount of the Loans. (b) The Agent may, unless notified to the contrary by any Bank prior to a Settlement Date, assume that such Bank has made or will make available to the Agent on such Settlement Date the amount of such Bank's Settlement Amount, and the Agent may (but it shall not be required to), in reliance upon such assumption, make available to the Borrowers a corresponding amount. If any Settling Bank makes available to the Agent its Settlement Amount such amount on a date after such Settlement Date, such Settling Bank shall pay to the Agent on demand an amount equal to the product of (i) the average computed for the period referred to in clause (iii) below, of the weighted average interest rate paid by the Agent for federal funds acquired by the such Agent during each day included in such period, times (ii) the amount of such Settlement Amount, times (iii) a fraction, the numerator of which is the number of days that elapse from and including such Settlement Date to the date on which the amount of such Settlement Amount shall become immediately available to the such Agent, and the denominator of which is 360. A statement of the Agent submitted to such Settling Bank with respect to any amounts owing under this paragraph shall be prima facie evidence of the amount due and owing to FNBB the Agent by such Settling Bank. If such Settling Bank's Settlement Amount is not made available to the Agent by such Settling Bank within three (3) Business Days following such Settlement Date, the Agent shall be entitled to recover such amount from the Borrowers on demand, with interest thereon at the rate per annum applicable to Base Rate the Loans as of such Settlement Date. (c) The failure or refusal of any Settling Bank to make available to the Agent at the aforesaid time and place on any Settlement Date the amount of its Settlement Amount (i) shall not relieve any other Settling Bank from its several obligations hereunder to make available to the Agent the amount of such other Settling Bank's Settlement Amount and (ii) shall not impose upon any such other Bank any liability with respect to such failure or refusal or otherwise increase the Commitment of such other Bank.