Common use of Non-Receipt of Funds by Administrative Agent Clause in Contracts

Non-Receipt of Funds by Administrative Agent. A. Unless Administrative Agent shall have received notice from Farm Credit prior to the date on which Farm Credit is to provide funds to Administrative Agent for an Advance to be made by Farm Credit that Farm Credit will not make available to Administrative Agent such funds, Administrative Agent may assume that Farm Credit has made such funds available to Administrative Agent on the date of such Advance in accordance with the terms of this Agreement and Administrative Agent in its sole discretion may, but shall not be obligated to, in reliance upon such assumption, make available to Borrower on such date a corresponding amount. If and to the extent Farm Credit shall not have made such funds available to Administrative Agent, Farm Credit agrees to repay Administrative Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date such amount is made available to Borrower until the date such amount is repaid to Administrative Agent, at the customary rate set by Administrative Agent for the correction of errors among banks for three (3) Banking Days and thereafter at the “Base Rate” (as that term is used and defined in the Loan Documents). If Farm Credit shall repay to Administrative Agent such corresponding amount, such amount so repaid shall constitute Farm Credit’s Advance for purposes of this Agreement, the Loan Documents and/or Security Documents. If Farm Credit does not pay such corresponding amount forthwith upon Administrative Agent’s demand therefore, Administrative Agent shall promptly notify Borrower, and Borrower shall immediately pay such corresponding amount to Administrative Agent with the interest thereon, for each day from the date such amount is made available to Borrower until the date such amount is repaid to Administrative Agent, at the rate of interest applicable at the time to such proposed Advance.

Non-Receipt of Funds by Administrative Agent. A. 2.5.1. Unless the Administrative Agent shall have received notice from Farm Credit a Bank prior to the date on which Farm Credit such Bank is to provide funds to the Administrative Agent for an Advance a Revolving Credit Loan to be made by Farm Credit such Bank that Farm Credit such Bank will not make available to the Administrative Agent such funds, the Administrative Agent may assume that Farm Credit such Bank has made such funds available to the Administrative Agent on the date of such Advance Revolving Credit Loan in accordance with Section 2.4 and the terms of this Agreement and Administrative Agent in its sole discretion may, but shall not be obligated to, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount. If and to the extent Farm Credit such Bank shall not have so made such funds available to the Administrative Agent, Farm Credit such Bank agrees to repay to 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 the Borrower by the Administrative Agent until the date such amount is repaid to the Administrative Agent, at the customary rate set by Administrative Agent Federal Funds Rate for the correction of errors among banks for first three (3) Banking Days days and thereafter at the “Base Rate” (as that term is used and defined in interest rate then applicable to the Loan Documents)Revolving Credit Loans. If Farm Credit such Bank shall repay to the Administrative Agent such corresponding amount, such amount so repaid shall constitute Farm Creditsuch Bank’s Advance Revolving Credit Loan for purposes of this Agreement, the Loan Documents and/or Security Documents. If Farm Credit such Bank does not pay such corresponding amount forthwith upon the Administrative Agent’s demand thereforetherefor, the Administrative Agent shall promptly notify the Borrower, and the Borrower shall immediately pay such corresponding amount to the Administrative Agent with the interest thereon, for each day from the date such amount is made available to the Borrower until the date such amount is repaid to the Administrative Agent, at the rate of interest applicable at the time to such proposed AdvanceRevolving Credit Loan.

Non-Receipt of Funds by Administrative Agent. A. (a) Unless Administrative Agent shall have received receives written notice from Farm Credit a Lender prior to the date on which Farm Credit is Borrowing Date applicable to provide funds to Administrative Agent for an Advance to be made by Farm Credit a Borrowing that Farm Credit such Lender will not make the amount that would constitute its Commitment Percentage of the Borrowing, available to Administrative Agent such fundsAgent, Administrative Agent may assume that Farm Credit has made such Lender will make the funds available to Administrative Agent on the date of such Advance in accordance with the terms of this Agreement Borrowing Date, and Administrative Agent in its sole discretion may, but shall not be obligated to, in reliance upon such that assumption, make available to Borrower on such date the Borrowing Date a corresponding amount. If and to such Lender has not made the extent Farm Credit shall not have made such funds available to Administrative Agent, Farm Credit by the required time on the applicable Borrowing Date, that Lender agrees to repay to Administrative Agent forthwith Agent, immediately on demand such demand, the corresponding amount together with interest thereon, for each day from the date such the amount is made available to Borrower until the date such the amount is repaid to Administrative Agent, at the customary rate set by Administrative Agent for the correction of errors among banks Federal Funds Rate for three (3) Banking Business Days and thereafter at the “Adjusted Base Rate” (as that term is used and defined in the Loan Documents). If Farm Credit such Lender shall repay to Administrative Agent such the corresponding amount, such the amount so repaid shall constitute Farm Credit’s Advance such Lender's Loan for purposes of this Agreement, the Loan Documents and/or Security Documents. If Farm Credit such Lender does not pay such the corresponding amount forthwith immediately upon Administrative Agent’s 's demand thereforetherefor, Administrative Agent shall promptly notify Borrower, and Borrower shall immediately pay such the corresponding amount to Administrative Agent with the interest thereon, for each day from the date such the amount is made available to Borrower until the date such the amount is repaid to Administrative Agent, at the rate of interest applicable at the time to such the proposed AdvanceLoan.

Non-Receipt of Funds by Administrative Agent. A. (A) Unless Administrative Agent shall have received notice from Farm Credit a Bank prior to the date on which Farm Credit such Bank is to provide funds to Administrative Agent for an Advance to be made by Farm Credit such Bank that Farm Credit such Bank will not make available to Administrative Agent such funds, Administrative Agent may assume that Farm Credit such Bank has made such funds available to Administrative Agent on the date of such Advance in accordance with the terms of this Agreement and Administrative Agent in its sole discretion may, but shall not be obligated to, in reliance upon such assumption, make available to Borrower on such date a corresponding amount. If and to the extent Farm Credit such Bank shall not have made such funds available to Administrative Agent, Farm Credit such Bank agrees to repay Administrative Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date such amount is made available to Borrower until the date such amount is repaid to Administrative Agent, at the customary rate set by Administrative Agent for the correction of errors among banks for three (3) Banking Days and thereafter at the “Base Variable Rate” (as that term is used and defined in the Loan Documents). If Farm Credit such Bank shall repay to Administrative Agent such corresponding amount, such amount so repaid shall constitute Farm Credit’s such Bank's Advance for purposes of this Agreement, the Loan Documents and/or Security Documents. If Farm Credit such Bank does not pay such corresponding amount forthwith upon Administrative Agent’s 's demand thereforetherefor, Administrative Agent shall promptly notify Borrower, and Borrower shall immediately pay such corresponding amount to Administrative Agent with the interest thereon, for each day from the date such amount is made available to Borrower until the date such amount is repaid to Administrative Agent, at the rate of interest applicable at the time to such proposed Advance.

Non-Receipt of Funds by Administrative Agent. A. (a) Unless Administrative Agent shall have received notice from Farm Credit been notified in writing by a Lender prior to the date on which Farm Credit a Loan is to provide funds to Administrative Agent for an Advance to be made by Farm Credit such Lender (which notice shall be effective upon receipt) that Farm Credit will such Lender does not intend to make the proceeds of such Loan available to Administrative Agent such fundsAgent, Administrative Agent may assume that Farm Credit such Lender has made such funds proceeds available to Administrative Agent on the date of such Advance in accordance with the terms of this Agreement date, and Administrative Agent may in its sole discretion may, reliance upon such assumption (but shall not be obligated required to, in reliance upon such assumption, ) make available to Borrower on such date a corresponding amount. If and to the extent Farm Credit shall such corresponding amount is not have in fact made such funds available to Administrative Agent, Farm Credit agrees to repay Administrative Agent forthwith on demand shall be able to recover such corresponding amount together with interest thereon, for each day from the date such amount is made available to Borrower until the date such amount is repaid to Administrative Agent, at the customary rate set by Administrative Agent for the correction of errors among banks for three (3) Banking Days and thereafter at the “Base Rate” (as that term is used and defined in the Loan Documents)Lender. If Farm Credit shall repay to Administrative Agent such corresponding amount, such amount so repaid shall constitute Farm Credit’s Advance for purposes of this Agreement, the Loan Documents and/or Security Documents. If Farm Credit Lender does not pay such corresponding amount forthwith upon Administrative Agent’s 's demand thereforetherefor, Administrative Agent shall will promptly notify Borrower, and Borrower shall immediately pay such corresponding amount to Administrative Agent. Administrative Agent with shall also be entitled to recover from the Lender or Borrower, as the case may be, interest thereon, for on such corresponding amount in respect of each day from the date such corresponding amount is was made available by Administrative Agent to Borrower until to the date such corresponding amount is repaid recovered by Administrative Agent at a per annum rate equal to Administrative Agent, (i) from Borrower at the applicable rate for the applicable borrowing pursuant to the Notice of interest applicable Borrowing and (ii) from a Lender at the time to such proposed AdvanceFederal Effective Funds Rate, plus a $200 administrative fee.

Non-Receipt of Funds by Administrative Agent. A. (a) Unless Administrative Agent shall have received notice from Farm Credit been notified in writing by a Lender prior to the date on which Farm Credit a Loan is to provide funds to Administrative Agent for an Advance to be made by Farm Credit such Lender (which notice shall be effective upon receipt) that Farm Credit will such Lender does not intend to make the proceeds of such Loan available to Administrative Agent such fundsAgent, Administrative Agent may assume that Farm Credit such Lender has made such funds proceeds available to Administrative Agent on the date of such Advance in accordance with the terms of this Agreement date, and Administrative Agent may in its sole discretion may, reliance upon such assumption (but shall not be obligated required to, in reliance upon such assumption, ) make available to Borrower on such date a corresponding amount. If and to the extent Farm Credit shall such corresponding amount is not have in fact made such funds available to Administrative Agent, Farm Credit agrees to repay Administrative Agent forthwith on demand shall be able to recover such corresponding amount together with interest thereon, for each day from the date such amount is made available to Borrower until the date such amount is repaid to Administrative Agent, at the customary rate set by Administrative Agent for the correction of errors among banks for three (3) Banking Days and thereafter at the “Base Rate” (as that term is used and defined in the Loan Documents)Lender. If Farm Credit shall repay to Administrative Agent such corresponding amount, such amount so repaid shall constitute Farm Credit’s Advance for purposes of this Agreement, the Loan Documents and/or Security Documents. If Farm Credit Lender does not pay such corresponding amount forthwith upon Administrative Agent’s 's demand thereforetherefor, Administrative Agent shall will promptly notify Borrower, and Borrower shall immediately pay such corresponding amount to Administrative Agent. Administrative Agent with shall also be entitled to recover from the Lender or Borrower, as the case may be, interest thereon, for on such corresponding amount in respect of each day from the date such corresponding amount is was made available by Administrative Agent to Borrower until to the date such corresponding amount is repaid recovered by Administrative Agent at a per annum rate equal to Administrative Agent, (i) from Borrower at the applicable rate for the applicable borrowing pursuant to the Notice of interest applicable Borrowing and (ii) from a Lender at the time to such proposed AdvanceFederal Effective Funds Rate.

Non-Receipt of Funds by Administrative Agent. A. Unless the Administrative Agent shall have received written or telephonic notice from Farm Credit a Bank prior to 1:00 p.m. (New York City time) on the date Borrowing Date on which Farm Credit such Bank is to provide funds to the Administrative Agent for an Advance to be made by Farm Credit such Bank that Farm Credit such Bank will not make available to the Administrative Agent such funds, the Administrative Agent may assume that Farm Credit such Bank has made such funds available to the Administrative Agent on the date Borrowing Date of such Advance in accordance with Section 2.11 and the terms of this Agreement and Administrative Agent Agent, in its sole discretion discretion, may, but shall not be obligated to, in reliance upon such assumption, make available to the Borrower on such date Borrowing Date a corresponding amount. If and such Bank shall pay to the extent Farm Credit shall not have made such funds available to Administrative Agent, Farm Credit agrees to repay Administrative Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date such amount is made available to Borrower until the date such amount is repaid to Administrative Agent, at the customary rate set by Administrative Agent for the correction of errors among banks for three (3) Banking Days and thereafter at the “Base Rate” (as that term is used and defined in the Loan Documents). If Farm Credit shall repay to Administrative Agent such corresponding amount, such amount so repaid paid shall constitute Farm Credit’s such Bank's Advance for purposes of this Agreement, the Loan Documents and/or Security Documents. If Farm Credit such Bank does not make such amount available to the Administrative Agent, such Bank shall pay to the Administrative Agent, on demand, such amount with interest thereon at a rate equal to the daily average Fed Funds Rate for the period until such Bank makes such amount immediately available to the Administrative Agent. A certificate of the Administrative Agent submitted to any Bank with respect to any amounts owing under this subsection shall be conclusive in the absence of manifest error. If such Bank does not pay such corresponding amount forthwith upon demand therefor by the Administrative Agent’s demand therefore, the Administrative Agent shall promptly notify Borrower, the Borrower and the Borrower shall immediately pay such corresponding amount to Administrative Agent with the interest thereon, for each day from the date such amount is made available to Borrower until the date such amount is repaid to Administrative Agent, at with interest thereon as provided in the rate immediately preceding sentence. The Administrative Agent will promptly notify the Borrower of interest applicable at any notice the time Administrative Agent receives from a Bank that such Bank will not make funds available to such proposed Advance.the Administrative Agent on any Borrowing Date. Section 2.15

Non-Receipt of Funds by Administrative Agent. A. Unless Administrative Agent shall have received notice from Farm Credit prior to the date on which Farm Credit is to provide funds to Administrative Agent for an Advance to be made by Farm Credit that Farm Credit will not make available to Administrative Agent such funds, Administrative Agent may assume that Farm Credit has made such funds available to Administrative Agent on the date of such Advance in accordance with the terms of this Agreement and Administrative Agent in its sole discretion may, but shall not be obligated to, in reliance upon such assumption, make available to Borrower on such date a corresponding amount. If and to the extent Farm Credit shall not have made such funds available to Administrative Agent, Farm Credit agrees to repay Administrative Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date such amount is made available to Borrower until the date such amount is repaid to Administrative Agent, at the customary rate set by Administrative Agent for the correction of errors among banks for three (3) Banking Days and thereafter at the “"Base Rate” " (as that term is used and defined in the Loan Documents). If Farm Credit shall repay to Administrative Agent such corresponding amount, such amount so repaid shall constitute Farm Credit’s 's Advance for purposes of this Agreement, the Loan Documents and/or Security Documents. If Farm Credit does not pay such corresponding amount forthwith upon Administrative Agent’s 's demand therefore, Administrative Agent shall promptly notify Borrower, and Borrower shall immediately pay such corresponding amount to Administrative Agent with the interest thereon, for each day from the date such amount is made available to Borrower until the date such amount is repaid to Administrative Agent, at the rate of interest applicable at the time to such proposed Advance.

Non-Receipt of Funds by Administrative Agent. A. Unless Administrative Agent shall have received notice from Farm Credit prior to the date on which Farm Credit is to provide funds to Administrative Agent for an Advance to be made by Farm Credit that Farm Credit will not make available to Administrative Agent such funds, Administrative Agent may assume that Farm Credit has made such funds available to Administrative Agent on the date of such Advance in accordance with the terms of this Agreement and Administrative Agent in its sole discretion may, but shall not be obligated to, in reliance upon such assumption, make available to Borrower on such date a corresponding amount. If and to the extent Farm Credit shall not have made such funds available to Administrative Agent, Farm Credit agrees to repay Administrative Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date such amount is made available to Borrower until the date such amount is repaid to Administrative Agent, at the customary rate set by Administrative Agent for the correction of errors among banks for three (3) Banking Days and thereafter at the “Base Rate” (as that term is used and defined in the Loan Documents). If Farm Credit shall repay to Administrative Agent such corresponding amount, such amount so repaid shall constitute Farm Credit’s 's Advance for purposes of this Agreement, the Loan Documents and/or Security Documents. If Farm Credit does not pay such corresponding amount forthwith upon Administrative Agent’s 's demand therefore, Administrative Agent shall promptly notify Borrower, and Borrower shall immediately pay such corresponding amount to Administrative Agent with the interest thereon, for each day from the date such amount is made available to Borrower until the date such amount is repaid to Administrative Agent, at the rate of interest applicable at the time to such proposed Advance.