Common use of Funding Reliance Clause in Contracts

Funding Reliance. (a) Unless the Agent shall have received notice from a Lender prior to the time of any Borrowing that such Lender will not make available to the Agent such Lender’s Advance as part of such Borrowing, the Agent may assume that such Lender has made such Advance available to the Agent on the time of such Borrowing in accordance with Section 2.2 and the Agent may, in reliance upon such assumption, make available to the Borrower on such time a corresponding amount. If and to the extent that such Lender shall not have so made such Advance available to the Agent, such Lender and the Borrower severally agree to repay to the Agent forthwith on demand such corresponding amount, together with interest thereon, for each day from the time such amount is made available to the Borrower until the time such amount is repaid to the Agent, at (i) in the case of the Borrower, the interest rate applicable at the time to Advances comprising such Borrowing and (ii) in the case of such Lender, the Federal Funds Rate. If such Lender shall repay to the Agent such corresponding amount, such amount so repaid shall constitute such Lender’s Advance as part of such Borrowing for purposes of this Agreement.

Funding Reliance. (a) Unless the Agent shall have received notice from a Lender prior to the time of any Borrowing that such Lender will not make available to the Agent such Lender’s Advance as part of such Borrowing, the Agent may assume that such Lender has made such Advance available to the Agent on the time of such Borrowing in accordance with Section 2.2 and the Agent may, in reliance upon such assumption, make available to the applicable Borrower on such time a corresponding amount. If and to the extent that such Lender shall not have so made such Advance available to the Agent, such Lender and the affected Borrower severally agree to repay to the Agent forthwith on demand such corresponding amount, together with interest thereon, for each day from the time such amount is made available to the such Borrower until the time such amount is repaid to the Agent, at (i) in the case of the affected Borrower, the interest rate applicable at the time to Advances comprising such Borrowing and (ii) in the case of such Lender, the Federal Funds Rate. If such Lender shall repay to the Agent such corresponding amount, such amount so repaid shall constitute such Lender’s Advance as part of such Borrowing for purposes of this Agreement.

Funding Reliance. (a) Unless the Agent shall have received receives notice from a Lender prior to by 11:00 A.M., Chicago time, on the time day of any Borrowing a proposed borrowing that such Lender will not make available to the Agent such Lender’s Advance as part the amount which would constitute its pro rata share of such Borrowingborrowing in accordance with Section 2.3, the Agent may (but shall not be so required) assume that such Lender has made such Advance amount available to the Agent on the time of such Borrowing in accordance with Section 2.2 and the Agent mayand, in reliance upon such assumption, make a corresponding amount available to the Borrower on such time a corresponding amountCompany. If and to the extent that such Lender shall has not have so made any such Advance amount available to the Agent, such Lender and the Borrower Company jointly and severally agree to repay such amount to the Agent forthwith on demand such corresponding amountdemand, together with interest thereonthereon at the interest rate applicable to Loans comprising such borrowing or, for each day from the time such amount is made available to the Borrower until the time such amount is repaid to the Agent, at (i) in the case of the Borrower, the interest rate applicable at the time to Advances comprising any Lender which repays such Borrowing and (ii) in the case of such Lenderamount within three Business Days, the Federal Funds Rate. If Rate (together with such other compensatory amounts as may be required to be paid by such Lender shall repay to the Agent such corresponding amountpursuant to the Rules for Interbank Compensation of the Council on International Banking or the Clearinghouse Compensation Committee, such amount so repaid as applicable, as in effect from time to time). Nothing set forth in this clause (a) shall constitute such Lender’s Advance as part relieve any Lender of such Borrowing for purposes of this Agreementany obligation it may have to make any Loan hereunder.

Funding Reliance. (a) Unless the Agent shall have received notice from a Lender prior to the time of any the Borrowing that such Lender will not make available to the Agent such Lender’s Advance as part of such Borrowing, the Agent may assume that such Lender has made such Advance available to the Agent on the time of such Borrowing in accordance with Section 2.2 and the Agent may, in reliance upon such assumption, make available to the Borrower on such time a corresponding amount. If and to the extent that such Lender shall not have so made such Advance available to the Agent, such Lender and the Borrower severally agree to repay to the Agent forthwith on demand such corresponding amount, together with interest thereon, for each day from the time such amount is made available to the Borrower until the time such amount is repaid to the Agent, at (i) in the case of the Borrower, the interest rate applicable at the time to Advances comprising such Borrowing and (ii) in the case of such Lender, the Federal Funds Rate. If such Lender shall repay to the Agent such corresponding amount, such amount so repaid shall constitute such Lender’s Advance as part of such Borrowing for purposes of this Agreement.

Funding Reliance. (a) Unless the Agent shall have received notice from a Lender prior to the time of any Borrowing that such Lender will not make available to the Agent such LenderXxxxxx’s Advance as part of such Borrowing, the Agent may assume that such Lender Xxxxxx has made such Advance available to the Agent on the time of such Borrowing in accordance with Section 2.2 and the Agent may, in reliance upon such assumption, make available to the applicable Borrower on such time a corresponding amount. If and to the extent that such Lender shall not have so made such Advance available to the Agent, such Lender and the affected Borrower severally agree to repay to the Agent forthwith on demand such corresponding amount, together with interest thereon, for each day from the time such amount is made available to the such Borrower until the time such amount is repaid to the Agent, at (i) in the case of the affected Borrower, the interest rate applicable at the time to Advances comprising such Borrowing and (ii) in the case of such Lender, the Federal Funds Rate. If such Lender shall repay to the Agent such corresponding amount, such amount so repaid shall constitute such Lender’s Advance as part of such Borrowing for purposes of this Agreement.

Funding Reliance. (a) Unless the Administrative Agent shall have received receives notice from a Lender prior to by noon, Chicago time, on the time day of any Borrowing a proposed borrowing that such Lender will not make available to the Administrative Agent such Lender’s Advance as part an amount equal to its share of such Borrowingborrowing (as determined by Section 2.2.1(b)), the Administrative Agent may assume that such Lender has made such Advance amount available to the Administrative Agent on the time of such Borrowing in accordance with Section 2.2 and the Agent mayand, in reliance upon such assumption, make a corresponding amount available to the Borrower on such time a corresponding amountapplicable Borrower. If and to the extent that such Lender shall has not have so made such Advance amount available to the Administrative Agent, such Lender and the applicable Borrower jointly and severally agree to repay such amount to the Administrative Agent forthwith on demand such corresponding amountdemand, together with interest thereonthereon at the interest rate applicable to Loans comprising such borrowing or, for each day from the time such amount is made available to the Borrower until the time such amount is repaid to the Agent, at (i) in the case of the Borrower, the interest rate applicable at the time to Advances comprising any Lender which repays such Borrowing and (ii) in the case of such Lenderamount within three Business Days, the Federal Funds Rate. If Rate (together with such other compensatory amounts as may be required to be paid by such Lender shall repay to the Administrative Agent such corresponding amountpursuant to the Rules for Interbank Compensation of the Council on International Banking or the Clearinghouse Compensation Committee, such amount so repaid as applicable, as in effect from time to time). Nothing set forth in this clause (a) shall constitute such Lender’s Advance as part relieve any Lender of such Borrowing for purposes of this Agreementany obligation it may have to make any Loan hereunder.