Agent Reliance. Unless Agent shall have been notified in writing by any Lender prior to the date of an Advance that such Lender does not intend to make available to Agent such Lender's pro rata share of the Advance to be made on such date, Agent may assume that such Lender has made such amount available to Agent on such date, and Agent may make available to Borrower a corresponding amount. If such corresponding amount is not in fact made available to Agent by such Lender on the date of such Advance, Agent shall have no obligation to make such corresponding amount available to the Borrower. If Agent has made such funds available to Borrower and such Lender does not pay such corresponding amount upon Agent's demand therefor, Agent may at any time thereafter so notify Borrower and Borrower shall immediately upon Agent's demand therefor pay to Agent such corresponding amount together with interest thereon, for each day from such Funding Date until the date such amount is paid to Agent, at the Interest Rate.
Appears in 2 contracts
Sources: Fixed Rate Loan Agreement (First Union Real Estate Equity & Mortgage Investments), Fixed Rate Loan Agreement (First Union Real Estate Equity & Mortgage Investments)
Agent Reliance. Unless Agent shall have been notified in writing by any Lender prior to the date of an Advance that such Lender does not intend to make available to Agent such Lender's pro rata share of the Advance to be made on such date, Agent may assume that such Lender has made such amount available to Agent on such date, and Agent may make available to Borrower a corresponding amount. If such corresponding amount is not in fact made available to Agent by such Lender on the date of such Advance, Agent shall have no obligation to make such corresponding amount available to the Borrower. If Agent has made such funds available to Borrower and such Lender does not pay such corresponding amount upon Agent's demand therefor, Agent may at any time thereafter so notify Borrower and Borrower Bor- rower shall immediately upon Agent's demand therefor pay to Agent such corresponding amount together with interest thereon, for each day from such Funding Date until the date such amount is paid to Agent, at the Interest Rate.
Appears in 1 contract
Sources: Fixed Rate Loan Agreement (Wellsford Real Properties Inc)