Common use of Funding Reliance Clause in Contracts

Funding Reliance. Unless the Administrative Agent shall have been notified by telephone, confirmed in writing, by any Lender by 12:00 Noon, New York City time, on the Business Day prior to the Effective Date that such Lender will not make available the amount which would constitute its Percentage of the Borrowing on the Effective Date, the Administrative Agent may assume that such Lender has made such amount available to the Administrative Agent and, in reliance upon such assumption, may, but shall not be required to, make available to the Borrower a corresponding amount. If and to the extent that such Lender shall not have made such amount available to the Administrative Agent, such Lender and the Borrower severally agree to repay the Administrative Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date the Administrative Agent made such amount available to the Borrower to the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to Loans comprising such Borrowing; provided that if such Lender makes available the amount which is its Percentage of the Borrowing on or before the next Business Day following the day when due, the interest rate payable on such amount shall be the Federal Funds Effective Rate.

Funding Reliance. Unless the Administrative Agent shall have been notified by telephone, confirmed in writing, by any Lender by 12:00 Noon11:30 a.m., New York City Chicago time, on the Business Day prior to the Effective relevant Borrowing Date that such Lender will not make available the amount which would constitute its Percentage of the Borrowing on the Effective Daterelated Borrowing, the Administrative Agent may assume assume, subject to the satisfactory fulfillment by the Borrower of the applicable conditions precedent set forth in Section 11, that such Lender has made shall make such amount available to the Administrative Agent and, in reliance upon such assumption, may, assumption the Administrative Agent may (but shall not be required to, ) make available to the Borrower a corresponding amount. If and to the extent that such Lender shall not have made make such amount available to the Administrative Agent, such Lender and the Borrower severally agree to repay the Administrative Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date the Administrative Agent made such amount available to the Borrower to the date such amount is repaid to the Administrative Agent, (a) if repaid by the Borrower, at the interest rate applicable at the time to the Type of Loans comprising such Borrowing; provided that Borrowing and (b) if such Lender makes available the amount which is its Percentage of the Borrowing on or before the next Business Day following the day when duerepaid by a Lender, the interest rate payable on such amount shall be at the Federal Funds Effective Rate.

Funding Reliance. Unless the Administrative Agent shall have been notified by telephone, confirmed in writing, by any Lender by 12:00 Noon, New York City time, on the Business Day prior to the Effective Closing Date that such Lender will not make available the amount which would constitute its Percentage of the Borrowing on the Effective Closing Date, the Administrative Agent may assume that such Lender has made such amount available to the Administrative Agent and, in reliance upon such assumption, may, but shall not be required to, make available to the Borrower a corresponding amount. If and to the extent that such Lender shall not have made such amount available to the Administrative Agent, such Lender and the Borrower severally agree to repay the Administrative Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date the Administrative Agent made such amount available to the Borrower to the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to Loans comprising such Borrowing; provided provided, that if such Lender makes available the amount which is its Percentage of the Borrowing on or before the next Business Day following the day when due, the interest rate payable on such amount shall be the Federal Funds Effective Rate.

Funding Reliance. Unless the Administrative Agent shall have been notified by telephone, confirmed in writing, by any Lender by 12:00 Noon, New York City time, on the Business Day prior to the Effective Borrowing Date that such Lender will not make available the amount which would constitute its Percentage of the Borrowing on the Effective Borrowing Date, the Administrative Agent may assume that such Lender has made such amount available to the Administrative Agent and, in reliance upon such assumption, may, but shall not be required to, make available to the Borrower a corresponding amount. If and to the extent that such Lender shall not have made such amount available to the Administrative Agent, such Lender and the Borrower severally agree to repay the Administrative Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date the Administrative Agent made such amount available to the Borrower to the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to Loans comprising such Borrowing; provided that if such Lender makes available the amount which is its Percentage of the Borrowing on or before the next Business Day following the day when due, the interest rate payable on such amount shall be the Federal Funds Effective Rate.

Funding Reliance. Unless the Administrative Agent shall ---------------- have been notified by telephone, confirmed in writing, by any Lender by 12:00 Noon, New York City time, on the Business Day prior to the Effective Date a Borrowing that such Lender will not make available the amount which would constitute its Percentage of the such Borrowing on the Effective Datedate specified therefor, the Administrative Agent may assume that such Lender has made such amount available to the Administrative Agent and, in reliance upon such assumption, may, but shall not be required to, make available to the Borrower a corresponding amount. If and to the extent that such Lender shall not have made such amount available to the Administrative Agent, such Lender and the Borrower severally agree to repay the Administrative Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date the Administrative Agent made such amount available to the Borrower to the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to Loans comprising such Borrowing; provided provided, that if such Lender makes available the -------- amount which is its Percentage of the such Borrowing on or before the next Business Day following the day when due, the interest rate payable on such amount shall be the Federal Funds Effective Rate.

Funding Reliance. Unless the Administrative Agent shall have been notified by telephone, confirmed in writing, by any Lender by 12:00 Noon, New York City time, on the Business Day prior to the Effective Closing Date that such Lender will not make available the amount which would constitute its Percentage of the Borrowing on the Effective Closing Date, the Administrative Agent may assume that such Lender has made such amount available to the Administrative Agent and, in reliance upon such assumption, may, but shall not be required to, make available to the Borrower a corresponding amount. If and to the extent that such Lender shall not have made such amount available to the Administrative Agent, such Lender and the Borrower severally agree to repay the Administrative Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date the Administrative Agent made such amount available to the Borrower to the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to Loans comprising such Borrowing; provided provided, that if such Lender makes available the amount which is its Percentage of the 77 Borrowing on or before the next Business Day following the day when due, the interest rate payable on such amount shall be the Federal Funds Effective Rate.

Funding Reliance. Unless the Administrative Agent ---------------- shall have been notified by telephone, confirmed in writing, by any Lender by 12:00 Noon8:30 a.m., New York City San Francisco time, on the Business Day day prior to the Effective Date a Borrowing that such Lender will not make available the amount which would constitute its Percentage of the such Borrowing on the Effective Datedate specified therefor, the Administrative Agent may assume that such Lender has made such amount available to the Administrative Agent and, in reliance upon such assumption, may, but shall not be required to, make available to the Borrower a corresponding amount. If and to the extent that such Lender shall not have made such amount available to the Administrative Agent, such Lender and the Borrower severally agree to repay the Administrative Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date the Administrative Agent made such amount available to the Borrower to the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to Loans comprising such Borrowing; provided provided, that if -------- such Lender makes available the amount which is its Percentage of the such Borrowing on or before the next Business Day following the day when due, the interest rate payable on such amount shall be the Federal Funds Effective Rate.

Funding Reliance. Unless the Administrative Agent shall have been notified by telephone, confirmed in writing, by any Lender by 12:00 Noon11:30 a.m., New York City Chicago time, on the Business Day prior to the Effective -25- 32 relevant Borrowing Date that such Lender will not make available the amount which would constitute its Percentage of the Borrowing on the Effective Daterelated Borrowing, the Administrative Agent may assume assume, subject to the satisfactory fulfillment by the Borrower of the applicable conditions precedent set forth in Section 11, that such Lender has made shall make such amount available to the Administrative Agent and, in reliance upon such assumption, may, assumption the Administrative Agent may (but shall not be required to, ) make available to the Borrower a corresponding amount. If and to the extent that such Lender shall not have made make such amount available to the Administrative Agent, such Lender and the Borrower severally agree to repay the Administrative Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date the Administrative Agent made such amount available to the Borrower to the date such amount is repaid to the Administrative Agent, (a) if repaid by the Borrower, at the interest rate applicable at the time to the Type of Loans comprising such Borrowing; provided that Borrowing and (b) if such Lender makes available the amount which is its Percentage of the Borrowing on or before the next Business Day following the day when duerepaid by a Lender, the interest rate payable on such amount shall be at the Federal Funds Effective Rate.

Funding Reliance. Unless the Administrative Agent shall have been notified by telephone, confirmed in writing, by any Lender by 12:00 Noon, New York City time, on the Business Day prior to the Effective Date a Borrowing that such Lender will not make available the amount which would constitute its Percentage of the such Borrowing on the Effective Datedate specified therefor, the Administrative Agent may assume that such Lender has made such amount available to the Administrative Agent and, in reliance upon such assumption, may, but shall not be required to, make available to the Borrower a corresponding amount. If and to the extent that such Lender shall not have made such amount available to the Administrative Agent, such Lender and the Borrower severally agree to repay the Administrative Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date the Administrative Agent made such amount available to the Borrower to the date such amount is repaid to the Administrative Agent, at the interest rate applicable at the time to Loans comprising such Borrowing; provided PROVIDED that if such Lender makes available the amount which is its Percentage of the such Borrowing on or before the next Business Day following the day when due, the interest rate payable on such amount shall be the Federal Funds Effective Rate.