Common use of Funding by Lenders; Presumption by Agent Clause in Contracts

Funding by Lenders; Presumption by Agent. Unless the Agent shall have received notice from a Lender prior to the proposed date of any extension of credit that such Lender will not make available to the Agent such Lender’s share of such extension of credit, the Agent may assume that such Lender has made such share available on such date in accordance with the terms of this Credit Agreement and may, in reliance upon such assumption, make available to the applicable Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable extension of credit available to the Agent, then the applicable Lender and the applicable Borrower severally agree to pay to the Agent forthwith on demand such corresponding amount in Same Day Funds with interest thereon, for each day from and including the date such amount is made available to such Borrower to but excluding the date of payment to the Agent, at (A) in the case of a payment to be made by such Lender in connection with any extension of credit, the applicable Overnight Rate, and (B) in the case of a payment to be made by a Borrower in connection with any extension of credit in U.S. Dollars or a Foreign Currency, the interest rate otherwise applicable to such credit extension. If such Borrower and such Lender shall pay such interest to the Agent for the same or an overlapping period, the Agent shall promptly remit to such Borrower the amount of such interest paid by such Borrower for such period. If such Lender pays its share of the applicable extension of credit to the Agent, then the amount so paid shall constitute such Lender’s Loan included in such extension of credit. Any payment by a Borrower shall be without prejudice to any claim such Borrower may have against a Lender that shall have failed to make such payment to the Agent.

Funding by Lenders; Presumption by Agent. Unless the Agent shall have received notice from a Lender prior to the proposed date of any extension of credit Borrowing that such Lender will not make available to the Agent such Lender’s share of such extension of creditBorrowing, the Agent may assume that such Lender has made such share available on such date in accordance with the terms of this Credit Agreement Section 2.02 and may, in reliance upon such assumption, make available to the applicable Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable extension of credit Borrowing available to the Agent, then the applicable Lender and the applicable Borrower severally agree to pay to the Agent forthwith on demand such corresponding amount in Same Day Funds immediately available funds with interest thereon, for each day from and including the date such amount is made available to such Borrower to but excluding the date of payment to the Agent, at (A) in the case of a payment to be made by such Lender Lender, the greater of the Federal Funds Rate and a rate determined by Agent in accordance with banking industry rules on interbank compensation, plus any administrative, processing or similar fees customarily charged by Agent in connection with any extension of credit, the applicable Overnight Rate, foregoing and (B) in the case of a payment to be made by a Borrower in connection with any extension of credit in U.S. Dollars or a Foreign CurrencyBorrower, the interest rate otherwise applicable to such credit extensionBase Rate Loans. If such Borrower and such Lender shall pay such interest to the Agent for the same or an overlapping period, the Agent shall promptly remit to such Borrower the amount of such interest paid by such Borrower for such period. If such Lender pays its share of the applicable extension of credit Borrowing to the Agent, then the amount so paid shall constitute such Lender’s Loan included in such extension of creditBorrowing. Any payment by a Borrower shall be without prejudice to any claim such Borrower may have against a Lender that shall have failed to make such payment to the Agent.

Funding by Lenders; Presumption by Agent. Unless the Agent shall have received notice from a Lender prior to the proposed date of any extension of credit Borrowing that such Lender will not make available to the Agent such Lender’s share of such extension of creditBorrowing, the Agent may assume that such Lender has made such share available on such date in accordance with the terms of this Credit Agreement Section 2.02 and may, in reliance upon such assumption, make available to the applicable Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable extension of credit Borrowing available to the Agent, then the applicable Lender and the applicable Borrower severally agree to pay to the Agent forthwith on demand such corresponding amount in Same Day Funds immediately available funds with interest thereon, for each day from and including the date such amount is made available to such Borrower to but excluding the date of payment to the Agent, at (A) in the case of a payment to be made by such Lender Lender, the greater of the Federal Funds Rate and a rate determined by Agent in accordance with banking industry rules on interbank compensation, plus any administrative, processing or similar fees customarily charged by Agent in connection with any extension of credit, the applicable Overnight Rate, foregoing and (B) in the case of a payment to be made by a Borrower in connection with any extension of credit in U.S. Dollars or a Foreign CurrencyBorrower, the interest rate otherwise applicable to such credit extensionEurodollar Daily Floating Rate plus the Applicable Rate. If such Borrower and such Lender shall pay such interest to the Agent for the same or an overlapping period, the Agent shall promptly remit to such Borrower the amount of such interest paid by such Borrower for such period. If such Lender pays its share of the applicable extension of credit Borrowing to the Agent, then the amount so paid shall constitute such Lender’s Loan included in such extension of creditBorrowing. Any payment by a Borrower shall be without prejudice to any claim such Borrower may have against a Lender that shall have failed to make such payment to the Agent.

Funding by Lenders; Presumption by Agent. Unless the Agent shall have received notice from a Lender prior to the proposed date of any extension of credit Borrowing that such Lender will not make available to the Agent such Lender’s share of such extension of creditBorrowing, the Agent may assume that such Lender has made such share available on such date in accordance with the terms of this Credit Agreement and may, in reliance upon such assumption, make available to the applicable Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable extension of credit Borrowing available to the Agent, then the applicable Lender and the applicable Borrower severally agree to pay to the Agent forthwith on demand such corresponding amount in Same Day Funds immediately available funds with interest thereon, for each day from and including the date such amount is made available to such the Borrower to but excluding the date of payment to the Agent, at (A) in the case of a payment to be made by such Lender in connection with any extension of creditLender, the applicable Overnight Rate, greater of the Federal Funds Rate and the rate determined by the Agent in accordance with banking industry rules on interbank compensation and (B) in the case of a payment to be made by a Borrower in connection with any extension of credit in U.S. Dollars or a Foreign Currencythe Borrower, the interest rate otherwise applicable to such credit extensionBase Rate Loans. If such the Borrower and such Lender shall pay such interest to the Agent for the same or an overlapping period, the Agent shall promptly remit to such the Borrower the amount of such interest paid by such the Borrower for such period. If such Lender pays its share of the applicable extension of credit Borrowing to the Agent, then the amount so paid shall constitute such Lender’s Loan included in such extension of creditBorrowing. Any payment by a the Borrower shall be without prejudice to any claim such the Borrower may have against a Lender that shall have failed to make such payment to the Agent.

Funding by Lenders; Presumption by Agent. Unless the Agent shall have received notice from a Lender prior to the proposed date of any extension of credit Borrowing that such Lender will not make available to the Agent such Lender’s 's share of such extension of creditBorrowing, the Agent may assume that such Lender has made such share available on such date in accordance with the terms of this Credit Agreement Section 2.02 and may, in reliance upon such assumption, make available to the applicable Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable extension of credit Borrowing available to the Agent, then the applicable Lender and the applicable Borrower severally agree to pay to the Agent forthwith on demand such corresponding amount in Same Day Funds immediately available funds with interest thereon, for each day from and including the date such amount is made available to such Borrower to but excluding the date of payment to the Agent, at (A) in the case of a payment to be made by such Lender Lender, the greater of the Federal Funds Rate and a rate determined by Agent in accordance with banking industry rules on interbank compensation, plus any administrative, processing or similar fees customarily charged by Agent in connection with any extension of credit, the applicable Overnight Rate, foregoing and (B) in the case of a payment to be made by a Borrower in connection with any extension of credit in U.S. Dollars or a Foreign CurrencyBorrower, the interest rate otherwise applicable to such credit extensionBase Rate Loans. If such Borrower and such Lender shall pay such interest to the Agent for the same or an overlapping period, the Agent shall promptly remit to such Borrower the amount of such interest paid by such Borrower for such period. If such Lender pays its share of the applicable extension of credit Borrowing to the Agent, then the amount so paid shall constitute such Lender’s 's Loan included in such extension of creditBorrowing. Any payment by a Borrower shall be without prejudice to any claim such Borrower may have against a Lender that shall have failed to make such payment to the Agent.

Funding by Lenders; Presumption by Agent. Unless the Agent shall have received notice from a Lender prior to the proposed date of any extension borrowing of credit Loans that such Lender will not make available to the Agent such Lender’s share of such extension of creditborrowing, the Agent may assume that such Lender has made such share available on such date in accordance with the terms of this Credit Agreement Section 2.03 and may, in reliance upon such assumption, make available to the applicable Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable extension of credit borrowing available to the Agent, then the applicable Lender and the applicable Borrower severally agree to pay to the Agent forthwith on demand such corresponding amount in Same Day Funds with interest thereon, for each day from and including the date such amount is made available to such the Borrower to but excluding the date of payment to the Agent, at (Ai) in the case of a payment to be made by such Lender in connection with any extension of creditLender, the applicable Overnight Rategreater of the Federal Funds Effective Rate and a rate determined by the Agent in accordance with banking industry rules on interbank compensation, and (Bii) in the case of a payment to be made by a Borrower in connection with any extension of credit in U.S. Dollars or a Foreign Currencythe Borrower, the interest rate otherwise applicable to such credit extensionABR Loans. If such the Borrower and such Lender shall pay such interest to the Agent for the same or an overlapping period, the Agent shall promptly remit to such the Borrower the amount of such interest paid by such the Borrower for such period. If such Lender pays its share of the applicable extension of credit borrowing to the Agent, then the amount so paid shall constitute such Lender’s Loan included in such extension of creditborrowing. Any payment by a the Borrower shall be without prejudice to any claim such the Borrower may have against a Lender that shall have failed to make such payment to the Agent.

Funding by Lenders; Presumption by Agent. Unless the Agent shall have received notice from a Lender prior to the proposed date of any extension of credit Borrowing that such Lender will not make available to the Agent such Lender’s share of such extension of creditBorrowing or participation, the Agent may assume that such Lender has made such share available on such date in accordance with the terms of this Credit Agreement Section 2.02 or Section 2.04, as applicable, and may, in reliance upon such assumption, make available to the applicable Borrower Borrowers a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable extension of credit Borrowing available to the Agent, then the applicable Lender and the applicable Borrower Borrowers severally agree to pay to the Agent forthwith on demand such corresponding amount in Same Day Funds immediately available funds with interest thereon, for each day from and including the date such amount is made available to such Borrower the Borrowers to but excluding the date of payment to the Agent, at (A) in the case of a payment to be made by such Lender in connection with any extension of creditLender, the applicable Overnight Rategreater of the Federal Funds Rate and the costs thereof to Borrowers under the terms of this Agreement as determined by Agent, and (B) in the case of a payment to be made by a Borrower in connection with any extension of credit in U.S. Dollars or a Foreign Currencythe Borrowers, the interest rate otherwise applicable to such credit extensionApplicable Rate. If such Borrower the Borrowers and such Lender shall pay such interest to the Agent for the same or an overlapping period, the Agent shall promptly remit to such Borrower the Borrowers the amount of such interest paid by such Borrower the Borrowers for such period. If such Lender pays its share of the applicable extension of credit Borrowing to the Agent, then the amount so paid shall constitute such Lender’s Loan included in such extension of creditBorrowing. Any payment by a Borrower the Borrowers shall be without prejudice to any claim such Borrower the Borrowers may have against a Lender that shall have failed to make such payment to the Agent.

Funding by Lenders; Presumption by Agent. Unless the Agent shall have received written notice from a Lender prior to the proposed date of any extension Extension of credit Credit that such Lender will not make available to the Agent such Lender’s share of such extension Extension of creditCredit, the Agent may assume that such Lender has made such share available on such date in accordance with the terms of this Credit Agreement and may, in reliance upon such assumption, make available to the applicable Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable extension Extension of credit Credit available to the Agent, then the applicable Lender and the applicable Borrower severally agree to pay to the Agent forthwith on demand such corresponding amount in Same Day Funds with interest thereon, for each day from and including the date such amount is made available to such the Borrower to but excluding the date of payment to the Agent, at (Ai) in the case of a payment to be made by such Lender in connection with any extension of creditLender, the applicable Overnight Rate, greater of the Federal Funds Rate and a rate determined by the Agent in accordance with banking industry rules on interbank compensation and (Bii) in the case of a payment to be made by a Borrower in connection with any extension of credit in U.S. Dollars or a Foreign Currencythe Borrower, the interest rate otherwise applicable to such credit extensionBase Rate Loans. If such the Borrower and such Lender shall pay such interest to the Agent for the same or an overlapping period, the Agent shall promptly remit to such the Borrower the amount of such interest paid by such the Borrower for such period. If such Lender pays its share of the applicable extension Extension of credit Credit to the Agent, then the amount so paid shall constitute such Lender’s Loan included in such extension Extension of creditCredit. Any payment by a the Borrower shall be without prejudice to any claim such the Borrower may have against a Lender that shall have failed to make such payment to the Agent.

Funding by Lenders; Presumption by Agent. Unless the Agent shall have received notice from a Lender prior to the proposed date of any extension of credit Borrowing that such Lender will not make available to the Agent such Lender’s share of such extension of creditBorrowing, the Agent may assume that such Lender has made such share available on such date in accordance with the terms of this Credit Agreement Section 2.02 and may, in reliance upon such assumption, make available to the applicable Borrower Borrowers a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable extension of credit Borrowing available to the Agent, then the applicable Lender and the applicable Borrower Borrowers severally agree to pay to the Agent forthwith on demand such corresponding amount in Same Day Funds immediately available funds with interest thereon, for each day from and including the date such amount is made available to such Borrower Borrowers to but excluding the date of payment to the Agent, at (A) in the case of a payment to be made by such Lender Lender, the greater of the Federal Funds Rate and a rate determined by Agent in accordance with banking industry rules on interbank compensation, plus any administrative, processing or similar fees customarily charged by Agent in connection with any extension of credit, the applicable Overnight Rate, foregoing and (B) in the case of a payment to be made by a Borrower in connection with any extension of credit in U.S. Dollars or a Foreign CurrencyBorrowers, the interest rate otherwise applicable to such credit extensionBorrowing. If such Borrower Borrowers and such Lender shall pay such interest to the Agent for the same or an overlapping period, the Agent shall promptly remit to such Borrower Borrowers the amount of such interest paid by such Borrower Borrowers for such period. If such Lender pays its share of the applicable extension of credit Borrowing to the Agent, then the amount so paid shall constitute such Lender’s Loan included in such extension of creditBorrowing. Any payment by a Borrower Borrowers shall be without prejudice to any claim such Borrower Borrowers may have against a Lender that shall have failed to make such payment to the Agent.