COMMON PARTICIPATION PROVISIONS behalf of such Bank the amounts owing to the German Lender, then the amounts shall be paid to the Agent, for its own account. Any obligations of a Bank hereunder owing to the German Lender in Deutschemarks or Euros, if payment therefor is tendered in Dollars, shall be discharged only to the extent that on the Business Day next following receipt by the German Lender of such payment in Dollars, the German Lender may, in accordance with normal banking procedures, purchase Deutschemarks or Euros with such Dollars. If the amount of the Deutschemarks or Euros which the German Lender is able to so purchase is less than the sum originally due to the German Lender in Deutschemarks or Euros, such Bank agrees, as a separate obligation, to indemnify the German Lender against such loss, and, if the amount of Deutschemarks or Euros which the German Lender is able to so purchase exceeds the sum originally due to the German Lender in Deutschemarks or Euros, the German Lender agrees to remit to the Agent such excess for the account of such Bank.
COMMON PARTICIPATION PROVISIONS. (a) If any amount required to be paid by any Bank pursuant to ss.ss.3A.1 or 3A.2 is paid to the Agent, for the account of the German Lender, within three (3) Business Days following the date upon which such Bank receives notice from the Agent that the German Loan in which such Bank has purchased a participating interest has been made or, as the case may be, that any German Reimbursement Obligation has not been paid by the German Borrowers, such Bank shall pay to the Agent, for the account of the German Lender, on demand an amount equal to the product of (i) such amount, times (ii) (A) in the case of any such amount denominated in Deutschemarks, the discount rate (Diskontsatz) as announced by the German Bundesbank from time to time and (B) in the case of any such amount denominated in Dollars, the Federal Funds Effective Rate from time to time, in each case as quoted by the Agent, during the period from but not including the date such payment is required to be made to and including the date on which such payment is immediately available to the Agent, times (iii) a fraction the numerator of which is the number of days that elapse during such period and the denominator of which is 360. If any such amount required to be paid by any Bank pursuant to ss.ss.3A.1 or 3A.2 is not in fact made available to the Agent within three (3) Business Days following the date upon which such Bank receives notice from the Agent that the German Loan in which such Bank has purchased a participating interest has been made or, as the case may be, that any German Reimbursement Obligation has not been paid by the German Borrowers, the Agent shall be entitled to recover from such Bank, on demand, such amount with interest thereon calculated from such due date at the rate per annum applicable to German Loans which are "Overdraft Rate Loans" as defined under the German Loan Agreement. A certificate from the Agent submitted to any Bank with respect to any amounts owing under this ss.3A.3(a) shall be conclusive in the absence of manifest error. Amounts payable by any Bank pursuant to this ss.3A.3(a) shall be paid to the Agent, for the account of the German Lender; provided that, if the Agent (in its sole discretion) has elected to fund on behalf of such Bank the amounts owing to the German Lender, then the amounts shall be paid to the Agent, for its own account. Any obligations of a Bank hereunder owing to the German Lender in Deutschemarks, if payment therefor is tendered in Dollars, shal...
