Between Settlement Dates Sample Clauses
Between Settlement Dates. Between each Settlement Date, Agent shall have the discretion to request that Issuing Bank issue all letters of credit under this Agreement and that Summit Bank make all cash advances under the Loans subject to the Floating Rate, for the account and on behalf of the Lenders, and Summit Bank or Issuing Bank may, in their sole discretion, cause such issuance and/or make such advances. Unless Agent receives written notice from a Lender prior to the date any advance is to be made under this Agreement that such Lender will not make available to Agent such Lender's Pro Rata Share of any such advance, Agent may assume that each Lender will make such amounts available to Agent in immediately available funds in accordance with the terms of this Agreement and, in reliance thereon, Agent may cause such advance to be made to Borrower.
Between Settlement Dates the Revolving Agent, to the extent Swingline Advances and/or Extraordinary Advances for the account of the Revolving Agent are outstanding, may apply any payments or other amounts received by the Revolving Agent, that in accordance with the terms of this Agreement would be applied to the reduction of the Revolving Loans, to the Swingline Advances and/or Extraordinary Advances. During the period between Settlement Dates, the Revolving Agent shall be entitled to all interest and fees at the applicable rate or rates payable under this Agreement on the daily amount of funds employed by Revolving Agent with respect to all Swingline Advances and Extraordinary Advances.
Between Settlement Dates. (a) Agent shall have the discretion to request that Issuing Bank issue all letters of credit and that TD make all cash Advances under the Line, for the account and on behalf of the Lenders, and TD or Issuing Bank may, in their sole discretion, cause such issuance and/or make such advances. Unless Agent receives written notice from a Lender prior to the date on which any Advance is to be made under this Agreement that such Lender will not make available to Agent such Lender's Pro Rata Share of any such Advance, Agent may assume that each Lender will make such amounts available to Agent in immediately available funds in accordance with the terms of this Agreement and, in reliance thereon, Agent may cause such Advance to be made to Borrower.
(b) Borrower acknowledges and agrees that the provisions of this Section 18 are solely for the benefit of Agent, Lenders and Issuing Bank and nothing in this Section 18 shall be deemed an obligation, agreement or commitment by Agent, Issuing Bank or any Lender to make any advances or extensions of credit to Borrowers after the occurrence and during the continuance of any Default or Event of Default.
Between Settlement Dates. Agent, to the extent Extraordinary Advances for the account of Agent, or Swing Loans for the account of a Swing Lender, are outstanding, may pay over to Agent or a Swing Lender, as applicable, any payments or other amounts received by Agent, that in accordance with the terms of this Agreement would be applied to the reduction of the Revolving Loans or the Floorplan Loans, as applicable, for application to the applicable Extraordinary Advances or Swing Loans. Between Settlement Dates, Agent, to the extent no Extraordinary Advances or Swing Loans are outstanding, may pay over to a Swing Lender any payments or other amounts received by Agent, that in accordance with the terms of this Agreement would be applied to the reduction of the Revolving Loans or the Floorplan Loans, as applicable, for application to Revolver Swing Lender’s Pro Rata Share of the Revolving Loans or Floorplan Swing Lender’s Pro Rata Share of the Floorplan Loans, as applicable. If, as of any Settlement Date, payments or other amounts of Borrower or its Subsidiaries received since the then immediately preceding Settlement Date have been applied (A) to Revolver Swing Lender’s Pro Rata Share of the Revolving Loans other than to Revolver Swing Loans, as provided for in the previous sentence, Revolver Swing Lender shall pay to Agent for the accounts of the Lenders, and Agent shall pay to the Lenders (other than a Defaulting Lender if Agent has implemented the provisions of Section 2.3(g)), to be applied to the outstanding Revolving Loans of such Lenders, an amount such that each such Lender shall, upon receipt of such amount, have, as of such Settlement Date, its Pro Rata Share of the Revolving Loans, and (B) to Floorplan Swing Lender’s Pro Rata Share of the Floorplan Loans other than to Floorplan Swing Loans, as provided for in the previous sentence, Floorplan Swing Lender shall pay to Agent for the accounts of the Lenders, and Agent shall pay to the Lenders (other than a Defaulting Lender if Agent has implemented the provisions of Section 2.3(g)), to be applied to the outstanding Floorplan Loans of such Lenders, an amount such that each such Lender shall, upon receipt of such amount, have, as of such Settlement Date, its Pro Rata Share of the Floorplan Loans. During the period between Settlement Dates, Revolver Swing Lender with respect to Revolver Swing Loans, Floorplan Swing Lender with respect to Floorplan Swing Loans, Agent with respect to Extraordinary Advances, and each Lender with resp...
Between Settlement Dates. (a) Subject to Section 11.1(b) below, between each Settlement Date (as defined below), Agent shall have the discretion to request that Issuing Bank issue all Letters of Credit and that Univest make all cash advances under Base Rate Loans or Fixed Rate Loans, for the account and on behalf of the Lenders, and Univest or Issuing Bank may, in their sole discretion, cause such issuance and/or make such advances. Subject to Section 11.1(b) below, unless Agent receives written notice from a Lender prior to the date on which any advance is to be made under this Agreement that such Lender will not make available to Agent such Lender’s Pro Rata Line Share or Pro Rata Cap Ex Share, as applicable, of any such advance, Agent may assume that each Lender will make such amounts available to Agent in immediately available funds in accordance with the terms of this Agreement and, in reliance thereon, Agent may cause such advance to be made to Borrower.
(b) Notwithstanding anything in this Agreement to the contrary, except with respect to Protective Advances and draws under Letters of Credit, no Lender shall be deemed to have consented to, and no Lender shall be obligated to fund its share of, any advance under this Agreement after (i) Agent has Knowledge of a continuing Specific Default or (ii) the five (5) Business Day period following the date Agent has Knowledge of a continuing Non Specific Default, unless in each case such Lender shall have consented to such advance in writing to Agent.
(c) Borrower acknowledges and agrees that the provisions of this Section 11 are solely for the benefit of Agent, Lenders and Issuing Bank and nothing in this Section 11 shall be deemed an obligation, agreement or commitment by Agent, Issuing Bank or any Lender to make any advances or extensions of credit to Borrower after the occurrence and during the continuance of any Default or Event of Default.
