Common use of Lender’s Ratable Portion Clause in Contracts

Lender’s Ratable Portion. Unless JPMCB, as Administrative Agent, shall have received notice from a Lender prior to 11:00 A.M. (New York City time) on the day of any Pro Rata Borrowing that such Lender will not make available to JPMCB, as Administrative Agent, such Lender’s ratable portion of such Pro Rata Borrowing, JPMCB, as Administrative Agent, may assume that such Lender has made such portion available to JPMCB, as Administrative Agent, on the date of such Pro Rata Borrowing in accordance with Section 2.02(b) and JPMCB, as Administrative Agent, may, in reliance upon such assumption, make available to the Borrower proposing such Pro Rata Borrowing on such date a corresponding amount. If and to the extent that such Lender shall not have so made such ratable portion available to JPMCB, as Administrative Agent, such Lender and such Borrower severally agree to repay to JPMCB, as Administrative Agent, forthwith on demand such corresponding amount together with interest thereon, for each day from the date such amount is made available to such Borrower until the date such amount is repaid to JPMCB, as Administrative Agent, at: (i) in the case of such Borrower, the higher of (A) the interest rate applicable at the time to Pro Rata Advances comprising such Pro Rata Borrowing and (B) the cost of funds incurred by JPMCB, as Administrative Agent, in respect of such amount, and (ii) in the case of such Lender, the Federal Funds Effective Rate. If such Lender shall repay to JPMCB, as Administrative Agent, such corresponding amount, such amount so repaid shall constitute such Lender’s Pro Rata Advance as part of such Pro Rata Borrowing for purposes of this Agreement.

Lender’s Ratable Portion. Unless JPMCBJPMorgan Chase, as Administrative Agent, shall have received notice from a Lender prior to 11:00 A.M. (New York City time) on the day of any Pro Rata Borrowing that such Lender will not make available to JPMCBJPMorgan Chase, as Administrative Agent, such Lender’s ratable portion of such Pro Rata Borrowing, JPMCBJPMorgan Chase, as Administrative Agent, may assume that such Lender has made such portion available to JPMCBJPMorgan Chase, as Administrative Agent, on the date of such Pro Rata Borrowing in accordance with Section 2.02(b) and JPMCBJPMorgan Chase, as Administrative Agent, may, in reliance upon such assumption, make available to the Borrower proposing such Pro Rata Borrowing on such date a corresponding amount. If and to the extent that such Lender shall not have so made such ratable portion available to JPMCBJPMorgan Chase, as Administrative Agent, such Lender and such Borrower severally agree to repay to JPMCBJPMorgan Chase, as Administrative Agent, forthwith on demand such corresponding amount together with interest thereon, for each day from the date such amount is made available to such Borrower until the date such amount is repaid to JPMCBJPMorgan Chase, as Administrative Agent, at: (i) in the case of such Borrower, the higher of (A) the interest rate applicable at the time to Pro Rata Advances comprising such Pro Rata Borrowing and (B) the cost of funds incurred by JPMCBJPMorgan Chase, as Administrative Agent, in respect of such amount, and (ii) in the case of such Lender, the Federal Funds Effective Rate. If such Lender shall repay to JPMCBJPMorgan Chase, as Administrative Agent, such corresponding amount, such amount so repaid shall constitute such Lender’s Pro Rata Advance as part of such Pro Rata Borrowing for purposes of this Agreement.

Lender’s Ratable Portion. Unless JPMCB, as Administrative Agent, the Facility Agent shall have received notice from a an Appropriate Lender prior to 11:00 A.M. 2:00 P.M. (New York City London time) on the day of any Pro Rata Borrowing that such Lender will not make available to JPMCB, as Administrative Agent, the Facility Agent such Lender’s ratable portion of such Pro Rata Borrowing, JPMCB, as Administrative Agent, the Facility Agent may assume that such Lender has made such portion available to JPMCB, as Administrative Agent, the Facility Agent on the date of such Pro Rata Borrowing in accordance with Section 2.02(b2.4(b) and JPMCB, as Administrative Agent, the Facility Agent may, in reliance upon such assumption, make available to the Borrower proposing such Pro Rata Borrowing on such date a corresponding amount. If and to the extent that such Lender shall not have so made such ratable portion available to JPMCB, as Administrative Agent, the Facility Agent such Lender and such Borrower severally agree to repay to JPMCB, as Administrative Agent, the Facility Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date such amount is made available to such Borrower until the date such amount is repaid to JPMCB, as Administrative Agent, the Facility Agent at: (i) in the case of such Borrower, the higher of (A) the interest rate applicable at the time to Pro Rata Advances comprising such Pro Rata Borrowing and (B) the cost of funds incurred by JPMCB, as Administrative Agent, the Facility Agent in respect of such amount, and (ii) in the case of such Lender, the Federal Funds Effective Ratecost of funds incurred by the Facility Agent in respect of such amount. If such Lender shall repay to JPMCB, as Administrative Agent, the Facility Agent such corresponding amount, such amount so repaid shall constitute such Lender’s Pro Rata Advance as part of such Pro Rata Borrowing for purposes of this Agreement.

Lender’s Ratable Portion. Unless JPMCB, as Administrative Agent, the Facility Agent shall have received notice from a an Appropriate Lender prior to 11:00 A.M. 2:00 P.M. (New York City London time) on the day of any Pro Rata Borrowing that such Lender will not make available to JPMCB, as Administrative Agent, the Facility Agent such Lender’s ratable portion of such Pro Rata Borrowing, JPMCB, as Administrative Agent, the Facility Agent may assume that such Lender has made such portion available to JPMCB, as Administrative Agent, the Facility Agent on the date of such Pro Rata Borrowing in accordance with Section 2.02(b2.3(b) and JPMCB, as Administrative Agent, the Facility Agent may, in reliance upon such assumption, make available to the Borrower proposing such Pro Rata Borrowing on such date a corresponding amount. If and to the extent that such Lender shall not have so made such ratable portion available to JPMCB, as Administrative Agent, the Facility Agent such Lender and such Borrower severally agree to repay to JPMCB, as Administrative Agent, the Facility Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date such amount is made available to such Borrower until the date such amount is repaid to JPMCB, as Administrative Agent, the Facility Agent at: (i) in the case of such Borrower, the higher of (A) the interest rate applicable at the time to Pro Rata Advances comprising such Pro Rata Borrowing and (B) the cost of funds incurred by JPMCB, as Administrative Agent, the Facility Agent in respect of such amount, and (ii) in the case of such Lender, the Federal Funds Effective Ratecost of funds incurred by the Facility Agent in respect of such amount. If such Lender shall repay to JPMCB, as Administrative Agent, the Facility Agent such corresponding amount, such amount so repaid shall constitute such Lender’s Pro Rata Advance as part of such Pro Rata Borrowing for purposes of this Agreement.

Lender’s Ratable Portion. Unless JPMCBChase, as Administrative Agent, shall have received notice from a Lender prior to 11:00 A.M. (New York City time) on the day of any Pro Rata Borrowing that such Lender will not make available to JPMCBChase, as Administrative Agent, such Lender’s 's ratable portion of such Pro Rata Borrowing, JPMCBChase, as Administrative Agent, may assume that such Lender has made such portion available to JPMCBChase, as Administrative Agent, on the date of such Pro Rata Borrowing in accordance with Section 2.02(b) and JPMCBChase, as Administrative Agent, may, in reliance upon such assumption, make available to the Borrower proposing such Pro Rata Borrowing on such date a corresponding amount. If and to the extent that such Lender shall not have so made such ratable portion available to JPMCBChase, as Administrative Agent, such Lender and such Borrower severally agree to repay to JPMCBChase, as Administrative Agent, forthwith on demand such corresponding amount together with interest thereon, for each day from the date such amount is made available to such Borrower until the date such amount is repaid to JPMCBChase, as Administrative Agent, at: (i) in the case of such Borrower, the higher of (A) the interest rate applicable at the time to Pro Rata Advances comprising such Pro Rata Borrowing and (B) the cost of funds incurred by JPMCBChase, as Administrative Agent, in respect of such amount, and (ii) in the case of such Lender, the Federal Funds Effective Rate. If such Lender shall repay to JPMCBChase, as Administrative Agent, such corresponding amount, such amount so repaid shall constitute such Lender’s 's Pro Rata Advance as part of such Pro Rata Borrowing for purposes of this Agreement.

Lender’s Ratable Portion. Unless JPMCB, as the Administrative Agent, Agent shall have received notice from a Lender prior to 11:00 A.M. a.m. (New York City time) on the day of any Pro Rata Borrowing that such Lender will not make available to JPMCB, as the Administrative Agent, Agent such Lender’s ratable portion (based on the Lenders’ respective Commitments) of such Pro Rata Borrowing, JPMCB, as the Administrative Agent, Agent may assume that such Lender has made such portion available to JPMCB, as the Administrative Agent, Agent on the date of such Pro Rata Borrowing in accordance with Section 2.02(b) and JPMCB, as the Administrative Agent, Agent may, in reliance upon such assumption, make available to the Borrower proposing requesting such Pro Rata Borrowing on such date a corresponding amount. If and to the extent that such Lender shall not have so made such ratable portion available to JPMCB, as the Administrative Agent, such Lender and such Borrower severally agree to repay to JPMCB, as the Administrative Agent, forthwith on demand such corresponding amount together with interest thereon, for each day from the date such amount is made available to such Borrower until the date such amount is repaid to JPMCB, as the Administrative Agent, at: (i) in the case of such Borrower, the higher of (A) the interest rate applicable at the time to Pro Rata Advances comprising such Pro Rata Borrowing and (B) the cost of funds incurred by JPMCB, as the Administrative Agent, in respect of such amount, and (ii) in the case of such Lender, the Federal Funds Effective Ratehigher of (A) the NYFRB Rate and (B) a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation. If such Lender shall repay to JPMCB, as the Administrative Agent, Agent such corresponding amount, such amount so repaid shall constitute such Lender’s Pro Rata Advance as part of such Pro Rata Borrowing for purposes of this Agreement.

Lender’s Ratable Portion. Unless JPMCB, as the Administrative Agent, Agent shall have received notice from a Lender prior to 11:00 A.M. a.m. (New York City timeLocal Time) on the day of any Pro Rata Committed Borrowing that such Lender will not make available to JPMCB, as the Administrative Agent, Agent such Lender’s ratable portion (based on the respective Commitments of the applicable Class) of such Pro Rata Committed Borrowing, JPMCB, as the Administrative Agent, Agent may assume that such Lender has made such portion available to JPMCB, as the Administrative Agent, Agent on the date of such Pro Rata Committed Borrowing in accordance with Section 2.02(b) and JPMCB, as the Administrative Agent, Agent may, in reliance upon such assumption, make available to the Borrower proposing requesting such Pro Rata Committed Borrowing on such date a corresponding amount. If and to the extent that such Lender shall not have so made such ratable portion available to JPMCB, as the Administrative Agent, such Lender and such Borrower severally agree to repay to JPMCB, as the Administrative Agent, forthwith on demand such corresponding amount together with interest thereon, for each day from the date such amount is made available to such Borrower until the date such amount is repaid to JPMCB, as the Administrative Agent, at: (i) in the case of such Borrower, the higher of (A) the interest rate applicable at the time to Pro Rata Committed Advances comprising such Pro Rata Committed Borrowing and (B) the cost of funds incurred by JPMCB, as Administrative Agent, in respect of such amount, and (ii) in the case of such Lender, (1) in the Federal Funds Effective Ratecase of Committed Borrowings denominated in US Dollars, the higher of (A) the New York Fed Bank Rate and (B) a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation in US Dollars or (2) in the case of Committed Borrowings denominated in Sterling, Euro or Canadian Dollars, a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation in the applicable currency. If such Lender shall repay to JPMCB, as the Administrative Agent, Agent such corresponding amount, such amount so repaid shall constitute such Lender’s Pro Rata Committed Advance as part of such Pro Rata Committed Borrowing for purposes of this Agreement.

Lender’s Ratable Portion. Unless JPMCBJPMorgan Chase, as Administrative Agent, shall have received notice from a Lender prior to 11:00 A.M. (New York City time) on the day of any Pro Rata Borrowing that such Lender will not make available to JPMCBJPMorgan Chase, as Administrative Agent, such Lender’s 's ratable portion of such Pro Rata Borrowing, JPMCBJPMorgan Chase, as Administrative Agent, may assume that such Lender has made such portion available to JPMCBJPMorgan Chase, as Administrative Agent, on the date of such Pro Rata Borrowing in accordance with Section 2.02(b) and JPMCBJPMorgan Chase, as Administrative Agent, may, in reliance upon such assumption, make available to the Borrower proposing such Pro Rata Borrowing on such date a corresponding amount. If and to the extent that such Lender shall not have so made such ratable portion available to JPMCBJPMorgan Chase, as Administrative Agent, such Lender and such Borrower severally agree to repay to JPMCBJPMorgan Chase, as Administrative Agent, forthwith on demand such corresponding amount together with interest thereon, for each day from the date such amount is made available to such Borrower until the date such amount is repaid to JPMCBJPMorgan Chase, as Administrative Agent, at: (i) in the case of such Borrower, the higher of (A) the interest rate applicable at the time to Pro Rata Advances comprising such Pro Rata Borrowing and (B) the cost of funds incurred by JPMCBJPMorgan Chase, as Administrative Agent, in respect of such amount, and (ii) in the case of such Lender, the Federal Funds Effective Rate. If such Lender shall repay to JPMCBJPMorgan Chase, as Administrative Agent, such corresponding amount, such amount so repaid shall constitute such Lender’s 's Pro Rata Advance as part of such Pro Rata Borrowing for purposes of this Agreement.

Lender’s Ratable Portion. Unless JPMCB, as the Administrative Agent, Agent shall have received notice from a Lender prior to 11:00 A.M. (New York City time) on the day of any Pro Rata Borrowing that such Lender will not make available to JPMCB, as the Administrative Agent, Agent such Lender’s ratable portion (based on the Lenders’ respective Commitments) of such Pro Rata Borrowing, JPMCB, as the Administrative Agent, Agent may assume that such Lender has made such portion available to JPMCB, as the Administrative Agent, Agent on the date of such Pro Rata Borrowing in accordance with Section 2.02(b) and JPMCB, as the Administrative Agent, Agent may, in reliance upon such assumption, make available to the Borrower proposing requesting such Pro Rata Borrowing on such date a corresponding amount. If and to the extent that such Lender shall not have so made such ratable portion available to JPMCB, as the Administrative Agent, such Lender and such Borrower severally agree to repay to JPMCB, as the Administrative Agent, forthwith on demand such corresponding amount together with interest thereon, for each day from the date such amount is made available to such Borrower until the date such amount is repaid to JPMCB, as the Administrative Agent, at: (i) in the case of such Borrower, the higher of (A) the interest rate applicable at the time to Pro Rata Advances comprising such Pro Rata Borrowing and (B) the cost of funds incurred by JPMCB, as the Administrative Agent, in respect of such amount, and (ii) in the case of such Lender, the Federal Funds Effective Ratehigher of (A) the NYFRB Rate and (B) a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation. If such Lender shall repay to JPMCB, as the Administrative Agent, Agent such corresponding amount, such amount so repaid shall constitute such Lender’s Pro Rata Advance as part of such Pro Rata Borrowing for purposes of this Agreement.

Lender’s Ratable Portion. Unless JPMCB, as the Administrative Agent, Agent shall have received notice from a Lender prior to (x) in the case of any Borrowing denominated in Sterling or Euros, 2:00 p.m. (London time) and (y) in the case of any Borrowing denominated in Dollars, 11:00 A.M. a.m. (New York City time) on the day of any Pro Rata Borrowing that such Lender will not make available to JPMCB, as the Administrative Agent, Agent such Lender’s ratable portion of such Pro Rata Borrowing, JPMCB, as the Administrative Agent, Agent may assume that such Lender has made such portion available to JPMCB, as the Administrative Agent, Agent on the date of such Pro Rata Borrowing in accordance with Section 2.02(b) and JPMCB, as the Administrative Agent, Agent may, in reliance upon such assumption, make available to the Borrower proposing such Pro Rata Borrowing on such date a corresponding amount. If and to the extent that such Lender shall not have so made such ratable portion available to JPMCB, as the Administrative Agent, Agent such Lender and such Borrower severally agree to repay to JPMCB, as the Administrative Agent, Agent forthwith on demand such corresponding amount in the applicable currency together with interest thereon, for each day from the date such amount is made available to such Borrower until the date such amount is repaid to JPMCB, as the Administrative Agent, Agent at: (i) in the case of such Borrower, the higher of (A) the interest rate applicable at the time to Pro Rata Advances comprising such Pro Rata Borrowing and (B) the cost of funds incurred by JPMCB, as the Administrative Agent, Agent in respect of such amount, and (ii) in the case of such Lender, the cost of funds incurred by the Administrative Agent in respect of such amount, which in the case of a Borrowing denominated in Dollars shall be deemed to be the Federal Funds Effective Rate. If such Lender shall repay to JPMCB, as the Administrative Agent, Agent such corresponding amount, such amount so repaid shall constitute such Lender’s Pro Rata Advance as part of such Pro Rata Borrowing for purposes of this Agreement.

Lender’s Ratable Portion. Unless JPMCB, as Administrative Agent, shall have received notice from a Lender prior to 11:00 A.M. (New York City time) on the day of any Pro Rata Borrowing that such Lender will not make available to JPMCB, as Administrative Agent, such Lender’s ratable portion of such Pro Rata Borrowing, JPMCB, as Administrative Agent, may assume that such Lender has made such portion available to JPMCB, as Administrative Agent, on the date of such Pro Rata Borrowing in accordance with Section 2.02(b) and JPMCB, as Administrative Agent, may, in reliance upon such assumption, make available to the Borrower proposing such Pro Rata Borrowing Altria on such date a corresponding amount. If and to the extent that such Lender shall not have so made such ratable portion available to JPMCB, as Administrative Agent, such Lender and such Borrower Altria severally agree to repay to JPMCB, as Administrative Agent, forthwith on demand such corresponding amount together with interest thereon, for each day from the date such amount is made available to such Borrower Altria until the date such amount is repaid to JPMCB, as Administrative Agent, at: (i) in the case of such BorrowerAltria, the higher of (A) the interest rate applicable at the time to Pro Rata Advances comprising such Pro Rata Borrowing and (B) the cost of funds incurred by JPMCB, as Administrative Agent, in respect of such amount, and (ii) in the case of such Lender, the Federal Funds Effective Rate. If such Lender shall repay to JPMCB, as Administrative Agent, such corresponding amount, such amount so repaid shall constitute such Lender’s Pro Rata Advance as part of such Pro Rata Borrowing for purposes of this Agreement.

Lender’s Ratable Portion. Unless JPMCB, as Administrative Agent, shall have received notice from a Lender prior to 11:00 A.M. (New York City time) on the day of any Pro Rata Borrowing that such Lender will not make available to JPMCB, as Administrative Agent, such Lender’s ratable portion of such Pro Rata Borrowing, JPMCB, as Administrative Agent, may assume that such Lender has made such portion available to JPMCB, as Administrative Agent, on the date of such Pro Rata Borrowing in accordance with Section 2.02(b) and JPMCB, as Administrative Agent, may, in reliance upon such assumption, make available to the Borrower proposing such Pro Rata Borrowing on such date a corresponding amount. If and to the extent that such Lender shall not have so made such ratable portion available to JPMCB, as Administrative Agent, such Lender and such Borrower severally agree to repay to JPMCB, as Administrative Agent, forthwith on demand such corresponding amount together with interest thereon, for each day from the date such amount is made available to such Borrower until the date such amount is repaid to JPMCB, as Administrative Agent, at: : (i) in i)in the case of such Borrower, the higher of (A) the interest rate applicable at the time to Pro Rata Advances comprising such Pro Rata Borrowing and (B) the cost of funds incurred by JPMCB, as Administrative Agent, in respect of such amount, and and (ii) in ii)in the case of such Lender, the Federal Funds Effective Rate. If such Lender shall repay to JPMCB, as Administrative Agent, such corresponding amount, such amount so repaid shall constitute such Lender’s Pro Rata Advance as part of such Pro Rata Borrowing for purposes of this Agreement.

Lender’s Ratable Portion. Unless JPMCB▇▇▇▇▇▇▇ ▇▇▇▇▇, as Administrative Agent, shall have received notice from a Lender prior to 11:00 A.M. (New York City time) on the day of any Pro Rata Borrowing that such Lender will not make available to JPMCB▇▇▇▇▇▇▇ Sachs, as Administrative Agent, such Lender’s ratable portion of such Pro Rata Borrowing, JPMCB▇▇▇▇▇▇▇ ▇▇▇▇▇, as Administrative Agent, may assume that such Lender has made such portion available to JPMCB▇▇▇▇▇▇▇ Sachs, as Administrative Agent, on the date of such Pro Rata Borrowing in accordance with Section 2.02(b) and JPMCB▇▇▇▇▇▇▇ ▇▇▇▇▇, as Administrative Agent, may, in reliance upon such assumption, make available to the Borrower proposing such Pro Rata Borrowing Altria on such date a corresponding amount. If and to the extent that such Lender shall not have so made such ratable portion available to JPMCB▇▇▇▇▇▇▇ Sachs, as Administrative Agent, such Lender and such Borrower Altria severally agree to repay to JPMCB▇▇▇▇▇▇▇ ▇▇▇▇▇, as Administrative Agent, forthwith on demand such corresponding amount together with interest thereon, for each day from the date such amount is made available to such Borrower Altria until the date such amount is repaid to JPMCB▇▇▇▇▇▇▇ Sachs, as Administrative Agent, at: (i) in the case of such BorrowerAltria, the higher of (A) the interest rate applicable at the time to Pro Rata Advances comprising such Pro Rata Borrowing and (B) the cost of funds incurred by JPMCB▇▇▇▇▇▇▇ ▇▇▇▇▇, as Administrative Agent, in respect of such amount, and (ii) in the case of such Lender, the Federal Funds Effective Rate. If such Lender shall repay to JPMCB▇▇▇▇▇▇▇ Sachs, as Administrative Agent, such corresponding amount, such amount so repaid shall constitute such Lender’s Pro Rata Advance as part of such Pro Rata Borrowing for purposes of this Agreement.