Common use of Funding Procedures Clause in Contracts

Funding Procedures. Not later than 2:00 p.m. on the proposed Drawdown Date of any Revolving Credit Loan, each of the Banks will make available to the Administrative Agent, at the Administrative Agent’s Office, in immediately available funds, the amount of such Bank’s Commitment Percentage of the amount of the requested Revolving Credit Loan. Upon receipt from each Bank of such amount, and upon receipt of the documents required by Section 10 and the satisfaction of the other conditions set forth therein, to the extent applicable, the Administrative Agent will make available to the Borrower requesting such Loan the aggregate amount of such Loan made available to the Administrative Agent by the Banks; provided, however, that the Administrative Agent shall first make a portion of such funds equal to the aggregate principal amount of any Swing Loans made to such Borrower by the Swing Banks and by any other Bank and outstanding on the date of such Revolving Credit Loan, plus interest accrued and unpaid thereon to and as of such date, available to the Swing Banks and such other Banks for repayment of such Swing Loans. The failure or refusal of any Bank to make available to the Administrative Agent at the aforesaid time and place on any Drawdown Date the amount of its Commitment Percentage of the requested Loan shall not relieve any other Bank from its several obligation hereunder to make available to the Administrative Agent the amount of such other Bank’s Commitment Percentage of any requested Loan, but no other Bank shall be liable in respect of the failure of such Bank to make available such amount.

Funding Procedures. Not later than 2:00 1:00 p.m. on the proposed Drawdown Date of any Revolving Credit Loan, each of the Banks will make available to the Administrative Agent, at the Administrative Agent’s Head Office, in immediately available funds, the amount of such Bank’s Commitment Percentage of the amount of the requested Revolving Credit Loan. Upon receipt from each Bank of such amount, and upon receipt of the documents required by Section 10 and the satisfaction of the other conditions set forth therein, to the extent applicable, the Administrative Agent will make available to the Borrower requesting such Loan the aggregate amount of such Loan made available to the Administrative Agent by the Banks; provided, however, that the Administrative Agent shall first make a portion of such funds equal to the aggregate principal amount of any Swing Loans made to such Borrower by the Swing Banks and by any other Bank and outstanding on the date of such Revolving Credit Loan, plus interest accrued and unpaid thereon to and as of such date, available to the Swing Banks and such other Banks for repayment of such Swing Loans. The failure or refusal of any Bank to make available to the Administrative Agent at the aforesaid time and place on any Drawdown Date the amount of its Commitment Percentage of the requested Loan shall not relieve any other Bank from its several obligation hereunder to make available to the Administrative Agent the amount of such other Bank’s Commitment Percentage of any requested Loan, but no other Bank shall be liable in respect of the failure of such Bank to make available such amount.

Funding Procedures. Not later than 2:00 p.m. on the proposed Drawdown Date of any Revolving Credit Loan, each Each of the Banks relevant Lenders will make available to the Administrative Agent, at the Administrative Agent’s Head Office, in immediately available fundsSame Day Funds, the amount of such BankLender’s Commitment Percentage of the amount of the requested Revolving Credit Syndicated Loans or the amount of such Lender’s Competitive Bid Loan, as applicable, not later than 1:30 p.m. (New York time) on the proposed Drawdown Date of any Syndicated Loans or Competitive Bid Loans denominated in Dollars and not later than the Applicable Time specified by the Administrative Agent in the case of any Syndicated Loans denominated in an Alternative Currency. Upon receipt from each Bank Lender of such amount, and upon receipt of the documents required by Section §§9 and 10 hereof and the satisfaction of the other conditions set forth therein, to the extent applicable, the Administrative Agent will make available to the Borrower requesting such Loan the aggregate amount of such Loan Revolving Credit Loans made available to the Administrative Agent by the Banks; provided, however, that the Administrative Agent shall first make a portion of such funds equal to the aggregate principal amount of any Swing Loans made to such Borrower by the Swing Banks and by any other Bank and outstanding on the date of such Revolving Credit Loan, plus interest accrued and unpaid thereon to and as of such date, available to the Swing Banks and such other Banks for repayment of such Swing Loansrelevant Lenders. The failure or refusal of any Bank Lender to make available to the Administrative Agent at the aforesaid time and place on any Drawdown Date the amount of its Commitment Percentage of the requested Syndicated Loans or (in the case of Lenders whose offers to make a Competitive Bid Loan have been accepted) the amount of such Lender’s Competitive Bid Loan, as applicable, on any Drawdown Date shall not relieve excuse any other Bank Lender from its several obligation hereunder to make making available to the Administrative Agent the amount of such other BankLender’s Commitment Percentage of any requested Loan, but no other Bank shall be liable in respect of Syndicated Loans or the failure amount of such Bank to make available such amountother Lender’s offered Competitive Bid Loan accepted by the Borrower.

Funding Procedures. Not later than 2:00 p.m. (Boston time) on the proposed Drawdown Date of any Revolving Credit LoanSyndicated Loans or Competitive Bid Loans, each of the Banks Bank will make available to the Administrative Agent, at the Administrative Agent’s 's Head Office, in immediately available funds, the amount of such Bank’s 's Commitment Percentage of the amount of the requested Revolving Credit LoanSyndicated Loans and the amount of such Bank's Competitive Bid Loans accepted by the Borrower, if any. Upon receipt from each Bank of such amount, and upon receipt of the documents required by Section 10 Sections 11 and 12 to be delivered on or prior to such Drawdown Date, to the extent applicable, and the satisfaction of the other conditions set forth therein, to the extent applicable, the Administrative Agent will make available to the Borrower requesting such Loan the aggregate amount of such Loan made available to the Administrative Agent by the Banks; provided, however, that the Administrative Agent shall first make a portion of such funds equal to the aggregate principal amount of any Swing Loans made to such Borrower by the Swing Banks and by any other Bank and outstanding on the date of such Revolving Credit Loan, plus interest accrued and unpaid thereon to and as of such date, available to the Swing Banks and such other Banks for repayment of such Swing Loans. The failure or refusal of any Bank to make available to the Administrative Agent at the aforesaid time and place on any Drawdown Date the amount of its Commitment Percentage of the requested Loan Syndicated Loans or the amount of its Competitive Bid Loans accepted by the Borrower at the aforesaid time on any Drawdown Date shall not (i) relieve any other Bank from its several obligation obligations hereunder to make available to the Administrative Agent the amount of such other Bank’s 's Commitment Percentage of any requested Loan, but no Syndicated Loans or the amount of such other Bank's Competitive Bid Loans accepted by the Borrower or (ii) impose upon any other Bank shall be liable in any liability with respect of to such failure or refusal or otherwise increase the failure Commitment of such Bank to make available such amountother Bank.

Funding Procedures. Not later than 2:00 p.m. on the proposed Drawdown Date of any Revolving Credit Loan, each of the Banks will make available to the Administrative Agent, at the Administrative Agent’s Head Office, in immediately available funds, the amount of such Bank’s Commitment Percentage of the amount of the requested Revolving Credit Loan. Upon receipt from each Bank of such amount, and upon receipt of the documents required by Section 10 and the satisfaction of the other conditions set forth therein, to the extent applicable, the Administrative Agent will make available to the Borrower requesting such Loan the aggregate amount of such Loan made available to the Administrative Agent by the Banks; provided, however, that the Administrative Agent shall first make a portion of such funds equal to the aggregate principal amount of any Swing Loans made to such Borrower by the Swing Banks and by any other Bank and outstanding on the date of such Revolving Credit Loan, plus interest accrued and unpaid thereon to and as of such date, available to the Swing Banks and such other Banks for repayment of such Swing Loans. The failure or refusal of any Bank to make available to the Administrative Agent at the aforesaid time and place on any Drawdown Date the amount of its Commitment Percentage of the requested Loan shall not relieve any other Bank from its several obligation hereunder to make available to the Administrative Agent the amount of such other Bank’s Commitment Percentage of any requested Loan, but no other Bank shall be liable in respect of the failure of such Bank to make available such amount.

Funding Procedures. Not later than 2:00 p.m. (Boston time) ------------------ on the proposed Drawdown Date of any US Revolving Credit Loan, each of the US Revolving Credit Banks will make available to the Administrative Agent, Agent at the Administrative Agent’s Officeits head office, in immediately available funds, the amount in Dollars or in the designated Optional Currency of such Bank’s 's US Commitment Percentage of the amount of the requested such US Revolving Credit LoanLoans made or to be made on such date. Upon receipt from each US Revolving Credit Bank of such amount, and upon receipt of the documents required by Section 10 (S)(S)12 and 13 hereof and the satisfaction of the other conditions set forth therein, to the extent applicable, the Administrative Agent will make available to the US Borrower requesting such Loan the aggregate amount of such Loan US Revolving Credit Loans made available to the Administrative Agent by the Banks; provided, however, that the Administrative Agent shall first make a portion of such funds equal to the aggregate principal amount of any Swing Loans made to such Borrower by the Swing Banks and by any other Bank and outstanding on the date of such US Revolving Credit Loan, plus interest accrued and unpaid thereon to and as of such date, available to the Swing Banks and such other Banks for repayment of such Swing LoansBanks. The failure or refusal of any US Revolving Credit Bank to make available to the Administrative Agent at the aforesaid time and place on any Drawdown Date the amount of its US Commitment Percentage of the requested Loan US Revolving Credit Loans shall not relieve any other US Revolving Credit Bank from its several obligation hereunder to make available to the Administrative Agent the amount of such other US Bank’s 's Commitment Percentage of any requested US Revolving Credit Loans. In the event that the Administrative Agent becomes aware of any Bank's failure to make available the amount of its US Commitment Percentage of any requested US Revolving Credit Loan, but no other Bank the Administrative Agent shall be liable in respect notify the US Borrower of the failure identity of such Bank and the amount such Bank has not made available to make available such amountthe Administrative Agent.

Funding Procedures. Not later than 2:00 p.m. 11:00 a.m. (Hartford time) on the proposed Drawdown Date of any Revolving Credit LoanAcquisition Loans, each of the Banks Lenders will make available to the Administrative Agent, at the Administrative Agent’s 's Office, in immediately available funds, the amount of such Bank’s Lender's Commitment Percentage of the amount of the requested Revolving Credit LoanAcquisition Loans. Upon receipt from each Bank Lender of such amount, and upon receipt of the documents required by Section 10 Sections 13 and 14 and the satisfaction of the other conditions set forth therein, to the extent applicable, the Administrative Agent will make available to the Borrower requesting such Loan Borrowers the aggregate amount of such Loan Acquisition Loans made available to the Administrative Agent by the Banks; provided, however, that the Administrative Agent shall first make a portion of such funds equal to the aggregate principal amount of any Swing Loans made to such Borrower by the Swing Banks and by any other Bank and outstanding on the date of such Revolving Credit Loan, plus interest accrued and unpaid thereon to and as of such date, available to the Swing Banks and such other Banks for repayment of such Swing LoansLenders. The failure or refusal of any Bank Lender to make available to the Administrative Agent at the aforesaid time and place on any Drawdown Date the amount of its Commitment Percentage of the requested Loan Acquisition Loans shall not (a) relieve any other Bank Lender from its several obligation hereunder to make available to the Administrative Agent the amount of such other Bank’s Lender's Commitment Percentage of any requested LoanAcquisition Loans or (b) impose upon any Lender, but no other Bank shall be liable in than the Lender so failing or refusing, any liability with respect of to such failure or refusal or otherwise increase the failure Commitment of such Bank to make available such amountother Lender.

Funding Procedures. Not later than 2:00 1:00 p.m. (Boston time) on the proposed Drawdown Date of any Revolving Credit LoanLoans denominated in Dollars, and not later than 1:00 p.m. (in the jurisdiction for which an Optional Currency is being requested) on the proposed Drawdown Date of any Revolving Credit Loans denominated in an Optional Currency, each of the Banks will make available to the Administrative Agent, at the Administrative Agent’s 's Head Office, in immediately available funds, the amount of such Bank’s 's Commitment Percentage of the amount of the requested Revolving Credit LoanLoans and, in the case of a Revolving Credit Loan denominated in an Optional Currency, at the place specified in the notice delivered by the Borrower pursuant to ss.2.6 and in immediately available funds in the country in which such Optional Currency is legal tender. Upon receipt from each Bank of such amount, and upon receipt of the documents required by Section 10 ss.ss.12 and 13 and the satisfaction of the other conditions set forth therein, to the extent applicable, the Administrative Agent will make available to the a Borrower requesting such Loan the aggregate amount of such Loan Revolving Credit Loans made available to the Administrative Agent by the Banks; provided, however, that the Administrative Agent shall first make a portion of such funds equal to the aggregate principal amount of any Swing Loans made to such Borrower by the Swing Banks and by any other Bank and outstanding on the date of such Revolving Credit Loan, plus interest accrued and unpaid thereon to and as of such date, available to the Swing Banks and such other Banks for repayment of such Swing Loans. The failure or refusal of any Bank to make available to the Administrative Agent at the aforesaid time and place on any Drawdown Date the amount of its Commitment Percentage of the requested Loan Revolving Credit Loans shall not relieve any other Bank from its several obligation hereunder to make available to the Administrative Agent the amount of such other Bank’s 's Commitment Percentage of any requested Loan, but no other Bank shall be liable in respect of the failure of such Bank to make available such amountRevolving Credit Loans.

Funding Procedures. Not later than 2:00 p.m. (Boston time) on the proposed Drawdown Date of any Revolving Credit Loan, each of the Banks Lenders will make available to the Administrative Agent, Agent at the Administrative Agent’s Officeits head office, in immediately available funds, the amount of such Bank’s Lender's Commitment Percentage of the amount of the requested such Revolving Credit LoanLoans made or to be made on such date. Upon receipt from each Bank Lender of such amount, and upon receipt of the documents required by Section 10 (Sections)12 (with respect to Revolving Credit Loans to be made on the Closing Date) and 13 hereof and the satisfaction of the other conditions set forth thereinherein, to the extent applicable, the Administrative Agent will make available to the US Borrower requesting such Loan the aggregate amount of such Loan Revolving Credit Loans made available to the Administrative Agent by the Banks; provided, however, that the Administrative Agent shall first make a portion of such funds equal to the aggregate principal amount of any Swing Loans made to such Borrower by the Swing Banks and by any other Bank and outstanding on the date of such Revolving Credit Loan, plus interest accrued and unpaid thereon to and as of such date, available to the Swing Banks and such other Banks for repayment of such Swing LoansLenders. The failure or refusal of any Bank Lender to make available to the Administrative Agent at the aforesaid time and place on any Drawdown Date the amount of its Commitment Percentage of the requested Loan Revolving Credit Loans shall not relieve any other Bank Lender from its several obligation hereunder to make available to the Administrative Agent the amount of such other Bank’s Lender's Commitment Percentage of any requested Loan, but no other Bank shall be liable in respect Revolving Credit Loans. In the event that the Administrative Agent becomes aware of the any Lender's failure of such Bank to make available the amount of its Commitment Percentage of any requested Revolving Credit Loan, the Administrative Agent shall notify the US Borrower of the identity of such amountLender and the amount such Lender has not made available to the Administrative Agent.

Funding Procedures. Not later than 2:00 p.m. 10:00 a.m. (Central Standard Time) on the proposed Drawdown Funding Date of any Revolving Credit LoanLoans, each of the Banks Lenders will make available to the Administrative Agent, at the Administrative Agent’s Office, in immediately available funds, the amount of such BankLender’s Commitment Percentage of the amount of the requested Revolving Credit LoanLoans. Upon receipt from each Bank Lender of such amount, and upon receipt of the documents required by Section 10 Article 11 and the satisfaction of the other conditions set forth therein, to the extent applicable, the Administrative Agent will make available to the Borrower requesting such Loan the aggregate amount of such Loan Loans made available to the Administrative Agent by the Banks; provided, however, that the Administrative Agent shall first make a portion of such funds equal to the aggregate principal amount of any Swing Loans made to such Borrower by the Swing Banks and by any other Bank and outstanding on the date of such Revolving Credit Loan, plus interest accrued and unpaid thereon to and as of such date, available to the Swing Banks and such other Banks for repayment of such Swing LoansLenders. The failure or refusal of any Bank Lender to make available to the Administrative Agent at the aforesaid time and place on any Drawdown Funding Date the amount of its Commitment Percentage of the requested Loan Loans (a) shall not relieve any other Bank Lender from its several obligation hereunder to make available to the Administrative Agent the amount of such other BankLender’s Commitment Percentage of any requested Loans, or (b) shall not impose upon any other Lender or the Agent any liability with respect to such failure or refusal or otherwise increase the Commitment of such other Lender or the Agent. The Lenders shall have no obligation to make a Loan if, (x) there is or would be insufficient Availability to make the requested Loans on the proposed Funding Date, (y) in the case of a Hedging Loan, but no other Bank shall be liable in respect of after giving effect to the failure issuance of such Bank to make available requested Hedging Loan, the Hedging Sublimit Usage would exceed the Hedging Sublimit, and (z) upon the funding of such amount.requested Loan, more than three

Funding Procedures. Not later than 2:00 1:00 p.m. (Boston time) on the proposed Drawdown Date of any Revolving Credit LoanLoans denominated in Dollars, and not later than 1:00 p.m. (in the jurisdiction for which an Optional Currency is being requested) on the proposed Drawdown Date of any Revolving Credit Loans denominated in an Optional Currency, each of the Banks will make available to the Administrative Agent, at the Administrative Agent’s 's Head Office, in immediately available funds, the amount of such Bank’s 's Commitment Percentage of the amount of the requested Revolving Credit LoanLoans and, in the case of a Revolving Credit Loan denominated in an Optional Currency, at the place specified in the notice delivered by the Borrower pursuant to Section 2.6 and in immediately available funds in the country in which such Optional Currency is legal tender. Upon receipt from each Bank of such amount, and upon receipt of the documents required by Section 10 Sections 12 and 13 and the satisfaction of the other conditions set forth therein, to the extent applicable, the Administrative Agent will make available to the a Borrower requesting such Loan the aggregate amount of such Loan Revolving Credit Loans made available to the Administrative Agent by the Banks; provided, however, that the Administrative Agent shall first make a portion of such funds equal to the aggregate principal amount of any Swing Loans made to such Borrower by the Swing Banks and by any other Bank and outstanding on the date of such Revolving Credit Loan, plus interest accrued and unpaid thereon to and as of such date, available to the Swing Banks and such other Banks for repayment of such Swing Loans. The failure or refusal of any Bank to make available to the Administrative Agent at the aforesaid time and place on any Drawdown Date the amount of its Commitment Percentage of the requested Loan Revolving Credit Loans shall not relieve any other Bank from its several obligation hereunder to make available to the Administrative Agent the amount of such other Bank’s 's Commitment Percentage of any requested Loan, but no other Bank shall be liable in respect of the failure of such Bank to make available such amountRevolving Credit Loans.