Common use of Notice to Banks; Funding of Loans Clause in Contracts

Notice to Banks; Funding of Loans. (a) Upon receipt of a Notice of Borrowing, the Administrative Agent shall promptly notify each Bank of the contents thereof and of such Bank's share (if any) of such Borrowing and such Notice of Borrowing shall not thereafter be revocable by the Borrower. (b) Not later than 1:00 P.M. (New York City time) on the date of each Borrowing, each Bank participating therein shall (except as provided in subsection (c) of this Section) make available its share of such Borrowing, in Federal or other funds immediately available in New York City, to the Administrative Agent at its address specified in or pursuant to Section 9.01. Unless the Administrative Agent determines that any applicable condition specified in Article 3 has not been satisfied, the Administrative Agent will make the funds so received from the Banks available to the Borrower at the Administrative Agent's aforesaid address. (c) If any Bank makes a new Loan hereunder on a day on which the Borrower is to repay all or any part of an outstanding Loan from such Bank, such Bank shall apply the proceeds of its new Loan to make such repayment and only an amount equal to the difference (if any) between the amount being borrowed and the amount being repaid shall be made available by such Bank to the Administrative Agent as provided in subsection (b), or remitted by the Borrower to the Administrative Agent as provided in Section 2.13, as the case may be. (d) Unless the Administrative Agent shall have been notified by any Bank prior to the date of Borrowing (or prior to 1:00 P.M. (New York City time) on the date of Borrowing in the case of a Base Rate Borrowing) that such Bank does not intend to make available to the Administrative Agent such Bank's portion of the Borrowing to be made on such date, the Administrative Agent may assume that such Bank has made such amount available to the Administrative Agent on such date and the Administrative Agent may, in reliance upon such assumption, make available to the Borrower a corresponding amount, subject to the provisions of subsection (c). If such corresponding amount is not in fact made available to the Administrative Agent by such Bank, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the Borrower and the Borrower shall promptly pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover from such Bank or the Borrower interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Administrative Agent to the Borrower to the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (x) in the case of a Bank, the Federal Funds Rate for each such day and (y) in the case of the Borrower, the then applicable rate for Base Rate Loans, Euro-Dollar Loans or Money Market Loans, as appropriate. Nothing herein shall be deemed to relieve any Bank from its obligation to fulfill its Commitment hereunder or to prejudice any rights which the Borrower may have against any Bank as a result of any default by such Bank hereunder. For purposes 20

Notice to Banks; Funding of Loans. (a) Upon receipt of a Notice of Syndicated Borrowing or a Notice of Money Market Borrowing, the Administrative Agent shall promptly notify each Bank of the contents thereof and of such Bank's share (if any) of such Borrowing and such Notice of Borrowing shall not thereafter be revocable by the Borrower. (b) Not later than 1:00 P.M. (New York City time) on the date of each Borrowing (other than a Swingline Borrowing), each Bank participating therein shall (except as provided in subsection (c) of this Section) make available its share of such Borrowing, in Federal or other funds immediately available in New York City, to the Administrative Agent at its address specified in or pursuant to Section 9.01. Unless the Administrative Agent determines that any applicable condition specified in Article 3 III has not been satisfiedsatisfied (it being understood and agreed that the Swing Line Bank may not unilaterally waive any condition contained in Article III), the Administrative Agent will make the funds so received from the Banks Banks, subject to Section 2.01(c), available to the Borrower at the Administrative Agent's aforesaid address. Not later than 5:00 P.M. (New York City time) on the date of each Swingline Borrowing, the Swingline Bank shall, unless the Swingline Bank determines that any applicable condition specified in Article III has not been satisfied, make available the amount of such Swingline Borrowing, in Federal or other funds immediately available in New York City, to the Borrower at the Swingline Bank's address specified in or pursuant to Section 9.01. (c) If any Bank makes a new Loan hereunder on a day on which the Borrower is to prepay or repay all or any part of an outstanding Loan from such Bank, such Bank shall apply the proceeds of its new Loan to make such repayment and only an amount equal to the difference (if any) between the amount being borrowed and the amount being prepaid or repaid shall be made available by such Bank to the Administrative Agent as provided in subsection (b), or remitted by the Borrower to the Administrative Agent as provided in Section 2.13, as the case may be. (d) Unless the Administrative Agent shall have been notified by any Bank prior to the date of Borrowing (or prior to 1:00 P.M. (New York City time) on the date of Borrowing in the case of a Base Rate Borrowing) that In such Bank does not intend to make available to the Administrative Agent such Bank's portion of the Borrowing to be made on such datecase, the Administrative Agent may assume that incurrence of such Bank has made such amount available to the Administrative Agent on such date and the Administrative Agent may, in reliance upon such assumption, make available to the Borrower a corresponding amount, subject to the provisions of subsection (c). If such corresponding amount is not in fact made available to the Administrative Agent by such Bank, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the Borrower and the Borrower shall promptly pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover from such Bank or the Borrower interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Administrative Agent to the Borrower to the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (x) in the case of a Bank, the Federal Funds Rate for each such day and (y) in the case of the Borrower, the then applicable rate for Base Rate Loans, Euro-Dollar Loans or Money Market Loans, as appropriate. Nothing herein shall be deemed to relieve any Bank from its obligation to fulfill its Commitment hereunder or to prejudice any rights which the Borrower may have against any Bank as a result of any default by such Bank hereunder. For purposes 20new

Notice to Banks; Funding of Loans. (a) Upon receipt of a Notice of Borrowing, the Administrative Servicing Agent shall promptly notify each Bank of the contents thereof and of such Bank's share (if any) of such Borrowing and such Notice of Borrowing shall not thereafter be revocable by the Borrower. (b) Not later than 1:00 2:00 P.M. (New York City time) on the date of each Borrowing, each Bank participating therein shall (except as provided in subsection (c) of this Section) make available its share of such Borrowing, in Federal or other funds immediately available in New York City, to the Administrative Servicing Agent at its address specified in or pursuant to Section 9.01. Unless the Administrative Servicing Agent determines that any applicable condition specified in Article 3 has not been satisfied, the Administrative Servicing Agent will make the funds so received from the Banks available to the Borrower at the Administrative Servicing Agent's aforesaid address. (c) If any Bank makes a new Loan hereunder on a day on which the Borrower is to repay all or any part of an outstanding Loan from such Bank, such Bank shall apply the proceeds of its new Loan to make such repayment and only an amount equal to the difference (if any) between the amount being borrowed and the amount being repaid shall be made available by such Bank to the Administrative Agent as provided in subsection (b), or remitted by the Borrower to the Administrative Agent as provided in Section 2.13, as the case may be. (d) Unless the Administrative Servicing Agent shall have been notified by any received notice from a Bank prior to the date of any Borrowing (or prior to 1:00 P.M. (New York City time) on the date of Borrowing in the case of a Base Rate Borrowing) that such Bank does will not intend to make available to the Administrative Servicing Agent such Bank's portion share of the Borrowing to be made on such dateBorrowing, the Administrative Servicing Agent may assume that such Bank has made such amount share available to the Administrative Servicing Agent on the date of such date Borrowing in accordance with subsection (b) of this Section 2.04 and the Administrative Servicing Agent may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount, subject . If and to the provisions of subsection (c). If extent that such Bank shall not have so made such share available to the Servicing Agent, such Bank and the Borrower severally agree to repay to the Servicing Agent forthwith on demand such corresponding amount is not in fact made available to the Administrative Agent by such Banktogether with interest thereon, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the Borrower and the Borrower shall promptly pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover from such Bank or the Borrower interest on such corresponding amount in respect of for each day from the date such corresponding amount was is made available by the Administrative Agent to the Borrower to until the date such corresponding amount is recovered by repaid to the Administrative Servicing Agent, at a rate per annum equal to (x) in the case of a Bank, the Federal Funds Rate for each such day and (yi) in the case of the Borrower, a rate per annum equal to the then higher of the Federal Funds Rate and the interest rate applicable rate for Base Rate Loansthereto pursuant to Section 2.07 and (ii) in the case of such Bank, Euro-Dollar Loans or Money Market Loans, as appropriatethe Federal Funds Rate. Nothing herein shall be deemed to relieve any Bank from its obligation to fulfill its Commitment hereunder or to prejudice any rights which the Borrower may have against any Bank as a result of any default by If such Bank hereundershall repay to the Servicing Agent such corresponding amount, such amount so repaid shall constitute such Bank's Loan included in such Borrowing for purposes of this Agreement. For purposes 20Section 2.05.

Notice to Banks; Funding of Loans. (a) Upon receipt of a Notice of Borrowing, the Administrative Agent shall promptly notify each Bank of the contents thereof and of such Bank's share (if any) of such Borrowing and such Notice of Borrowing shall not thereafter be revocable by the Borrower. (b) Not later than 1:00 (i) 2:00 P.M. (New York City timeEastern Time) on the date of each Base Rate Borrowing (including, without limitation, each Swing Borrowing) and (ii) 1:00 P.M. (Eastern Time) on the date of each Euro-Dollar Borrowing, each Bank participating therein (or, in the case of a Swing Loan, the Swing Lender) shall (except as provided in subsection (c) of this Section) make available its share of such Borrowing, in Federal or other funds immediately available in New York CityCharlotte, North Carolina, to the Administrative Agent at its address specified referred to in or pursuant to Section 9.019.1. Unless the Administrative Agent determines that any applicable condition specified in Article 3 has not been satisfied, the The Administrative Agent will make the funds so received from the Banks available to the Borrower at the Administrative Agent's aforesaid address. (c) If any Bank makes a new Loan hereunder on a day on which the Borrower is to repay all or any part has requested the issuance of an outstanding Loan from such Banka Letter of Credit, such Bank shall apply the proceeds of its new Loan to make such repayment and only an amount equal to the difference no later than 12:00 Noon (if any) between the amount being borrowed and the amount being repaid shall be made available by such Bank to the Administrative Agent as provided in subsection (b), or remitted by the Borrower to the Administrative Agent as provided in Section 2.13, as the case may be. (d) Unless the Administrative Agent shall have been notified by any Bank prior to the date of Borrowing (or prior to 1:00 P.M. (New York City timeEastern Time) on the date of Borrowing such issuance as indicated in the case of a Base Rate Borrowing) that such Bank does not intend notice delivered pursuant to make available to the Administrative Agent such Bank's portion of the Borrowing to be made on such dateSection 2.2(b), the Administrative Agent may assume that Fronting Bank shall issue such Bank has made such Letter of Credit in the amount available to so requested and deliver the Administrative Agent on such date and the Administrative Agent may, in reliance upon such assumption, make available same to the Borrower with a corresponding amount, subject to the provisions of subsection (c). If such corresponding amount is not in fact made available to the Administrative Agent by such Bank, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the Borrower and the Borrower shall promptly pay such corresponding amount copy thereof to the Administrative Agent. The Administrative Agent shall also be entitled to recover from such Bank or Immediately upon the Borrower interest on such corresponding amount in respect issuance of each day from the date such corresponding amount was made available Letter of Credit by the Administrative Agent to the Borrower to the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (x) in the case of a Fronting Bank, the Federal Funds Rate for each such day and (y) in the case of the Borrower, the then applicable rate for Base Rate Loans, Euro-Dollar Loans or Money Market Loans, as appropriate. Nothing herein Fronting Bank shall be deemed to relieve have sold and transferred to each other Bank, and each such other Bank shall be deemed, and hereby agrees, to have irrevocably and unconditionally purchased and received from the Fronting Bank, without recourse or warranty, an undivided interest and a participation in such Letter of Credit, any drawing thereunder, and the obligations of the Borrower hereunder with respect thereto, and any security therefor or guaranty pertaining thereto, in an amount equal to such Bank's ratable share thereof (based upon the ratio its Tranche B Commitment bears to the aggregate of all Tranche B Commitments). Upon any change in any of the Commitments in accordance herewith, there shall be an automatic adjustment to such participations to reflect such changed shares. The Fronting Bank from its shall have the primary obligation to fulfill fund any and all draws made with respect to such Letter of Credit notwithstanding any failure of a participating Bank to fund its Commitment hereunder or ratable share of any such draw. The Administrative Agent will instruct the Fronting Bank to prejudice any rights which make such Letter of Credit available to the Borrower may have against any and the Fronting Bank shall make such Letter of Credit available to the Borrower at the Borrower's aforesaid address or at such address in the United States as a result Borrower shall request on the date of any default by such Bank hereunder. For purposes 20the Borrowing.

Notice to Banks; Funding of Loans. (a) Upon receipt of a Notice of Borrowing, the Administrative Servicing Agent shall promptly notify each Bank of the contents thereof and of such Bank's share (if any) of such Borrowing and such Notice of Borrowing shall not thereafter be revocable by the Borrower. (b) Not later than 1:00 P.M. 12:00 Noon (New York City time) on the date of each Borrowing, each Bank participating therein shall (except as provided in subsection (c) of this Section) make available its share of such Borrowing, in Federal or other funds immediately available in New York City, to the Administrative Servicing Agent at its address specified in or pursuant to Section 9.01. Unless the Administrative Servicing Agent determines that any applicable condition specified in Article 3 has not been satisfied, the Administrative Servicing Agent will make the funds so received from the Banks available to the Borrower at the Administrative Servicing Agent's aforesaid address. (c) If any Bank makes a new Loan hereunder on a day on which the Borrower is to repay all or any part of an outstanding Loan from such Bank, such Bank shall apply the proceeds of its new Loan to make such repayment and only an amount equal to the difference (if any) between the amount being borrowed and the amount being repaid shall be made available by such Bank to the Administrative Agent as provided in subsection (b), or remitted by the Borrower to the Administrative Agent as provided in Section 2.13, as the case may be. (d) Unless the Administrative Servicing Agent shall have been notified by any received notice from a Bank prior to the date of any Borrowing (or prior to 1:00 P.M. (New York City time) on the date of Borrowing in the case of a Base Rate Borrowing) that such Bank does will not intend to make available to the Administrative Servicing Agent such Bank's portion share of the Borrowing to be made on such dateBorrowing, the Administrative Servicing Agent may assume that such Bank has made such amount share available to the Administrative Servicing Agent on the date of such date Borrowing in accordance with subsection (b) of this Section 2.04 and the Administrative Servicing Agent may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount, subject . If and to the provisions of subsection (c). If extent that such Bank shall not have so made such share available to the Servicing Agent, such Bank and the Borrower severally agree to repay to the Servicing Agent forthwith on demand such corresponding amount is not in fact made available to the Administrative Agent by such Banktogether with interest thereon, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the Borrower and the Borrower shall promptly pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover from such Bank or the Borrower interest on such corresponding amount in respect of for each day from the date such corresponding amount was is made available by the Administrative Agent to the Borrower to until the date such corresponding amount is recovered by repaid to the Administrative Servicing Agent, at a rate per annum equal to (x) in the case of a Bank, the Federal Funds Rate for each such day and (yi) in the case of the Borrower, a rate per annum equal to the then higher of the Federal Funds Rate and the interest rate applicable rate for Base Rate Loansthereto pursuant to Section 2.07 and (ii) in the case of such Bank, Euro-Dollar Loans or Money Market Loans, as appropriatethe Federal Funds Rate. Nothing herein shall be deemed to relieve any Bank from its obligation to fulfill its Commitment hereunder or to prejudice any rights which the Borrower may have against any Bank as a result of any default by If such Bank hereundershall repay to the Servicing Agent such corresponding amount, such amount so repaid shall constitute such Bank's Loan included in such Borrowing for purposes of this Agreement. For purposes 20Section 2.05.

Notice to Banks; Funding of Loans. (a) Upon receipt of a Notice of Borrowing, the Administrative Agent shall promptly notify each Bank of the contents thereof and of such Bank's share (if any) of such Borrowing and such Notice of Borrowing shall not thereafter be revocable by the Borrower. (b) Not later than 1:00 P.M. 2:00 p.m. (New York City time) on the date of each Borrowing, each Bank participating therein shall (except as provided in subsection (c) of this Section) make available its share of such Borrowing, in Federal or other funds immediately available in New York City, to the Administrative Agent at its address specified referred to in or pursuant to Section 9.019.1. Unless the Administrative Agent determines that any applicable condition specified in Article 3 has not been satisfied, the Administrative Agent will make the funds so received from the Banks available to the Borrower at the Administrative Agent's aforesaid address. (c) If any Bank makes a new Loan hereunder on a day on which the Borrower is to repay all or any part of an outstanding Loan from such Bank, such Bank shall apply the proceeds of its new Loan to make such repayment and only an amount equal to the difference (if any) between the amount being borrowed and the amount being repaid shall be made available by such Bank to the Administrative Agent as provided in subsection (b), or remitted by the Borrower to the Administrative Agent as provided in Section 2.13, as the case may be. (d) Unless the Administrative Agent shall have been notified by any received notice from a Bank prior to the date of any Borrowing (or prior to 1:00 P.M. (New York City time) on the date of Borrowing in the case of a Base Rate Borrowing) that such Bank does will not intend to make available to the Administrative Agent such Bank's portion share of the Borrowing to be made on such dateBorrowing, the Administrative Agent may assume that such Bank has made such amount share available to the Administrative Agent on the date of such date Borrowing in accordance with subsection (b) of this Section and the Administrative Agent may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount, subject . If and to the provisions extent that such Bank shall not have so made such share available to the Agent, such Bank and, to the extent such Bank has failed to do so within three Domestic Business Days of subsection (c). If demand therefor by the Agent, the Borrower severally agree to repay to the Agent forthwith on demand such corresponding amount is not in fact made available to the Administrative Agent by such Bank(together with interest thereon), the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the Borrower and the Borrower shall promptly pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover from such Bank or the Borrower interest on such corresponding amount in respect of for each day from the date such corresponding amount was is made available by the Administrative Agent to the Borrower to until the date such corresponding amount is recovered by repaid to the Administrative Agent, at a rate per annum equal to (x) in the case of a Bank, the Federal Funds Rate for each such day and (yi) in the case of the Borrower, a rate per annum equal to the then higher of the Federal Funds Rate and the interest rate applicable rate thereto pursuant to Section 2.7 and (ii) in the case of such Bank, the Federal Funds Rate. If such Bank shall repay to the Agent such corresponding amount, such amount so repaid shall constitute such Bank's Loan included in such Borrowing for Base Rate Loanspurposes of this Agreement. If the Borrower shall repay to the Agent such corresponding amount, Euro-Dollar Loans or Money Market Loans, as appropriate. Nothing herein such Bank's Loan included in such Borrowing shall be deemed not to relieve have been made. This subsection (c) shall not limit any Bank from its obligation to fulfill its Commitment hereunder or to prejudice any rights which right of the Borrower may have against any Bank as a result of any default by such Bank hereunderpursuant to Section 8.6. For purposes 20SECTION 2.5.

Notice to Banks; Funding of Loans. (a) Upon receipt of a Notice of Borrowing, the Administrative Agent shall promptly notify each Bank of the contents thereof and of such Bank's share (if any) of such Borrowing and such Notice of Borrowing shall not thereafter be revocable by the Borrower. (b) Not later than 1:00 P.M. (New York City time) on the date of each Borrowing, each Bank participating therein shall (except as provided in subsection (c) of this Section) make available its share of such Borrowing, in Federal or other funds immediately available in New York City, to the Administrative Agent at its address specified in or pursuant to Section 9.01. Unless the Administrative Agent determines that any applicable condition specified in Article 3 has not been satisfied, the Administrative Agent will make the funds so received from the Banks available to the Borrower at the Administrative Agent's aforesaid address. (c) If any Bank makes a new Loan hereunder on a day on which the Borrower is to repay all or any part of an outstanding Loan from such Bank, such Bank shall apply the proceeds of its new Loan to make such repayment and only an amount equal to the difference (if any) between the amount being borrowed and the amount being repaid shall be made available by such Bank to the Administrative Agent as provided in subsection (b), or remitted by the Borrower to the Administrative Agent as provided in Section 2.13, as the case may be. (d) Unless the Administrative Agent shall have been notified by any Bank prior to the date of Borrowing (or prior to 1:00 P.M. (New York City time) on the date of Borrowing in the case of a Base Rate Borrowing) that such Bank does not intend to make available to the Administrative Agent such Bank's portion of the Borrowing to be made on such date, the Administrative Agent may assume that such Bank has made such amount available to the Administrative Agent on such date and the Administrative Agent may, in reliance upon such assumption, make available to the Borrower a corresponding amount, subject to the provisions of subsection (c). If such corresponding amount is not in fact made available to the Administrative Agent by such Bank, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the Borrower and the Borrower shall promptly pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover from such Bank or the Borrower interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Administrative Agent to the Borrower to the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (x) in the case of a Bank, the Federal Funds Rate for each such day and (y) in the case of the Borrower, the then applicable rate for Base Rate Loans, Euro-Dollar Loans or Money Market Loans, as appropriate. Nothing herein shall be deemed to relieve any Bank from its obligation to fulfill its Commitment hereunder or to prejudice any rights which the Borrower may have against any Bank as a result of any default by such Bank hereunder. For purposes 2019

Notice to Banks; Funding of Loans. (a) Upon receipt of Promptly after receiving a Notice of Borrowing, the Administrative Agent shall promptly notify each Bank of the contents thereof and of such Bank's ’s share (if any) of such Borrowing and such Notice of Borrowing shall not thereafter be revocable by the Borrower. (b) Not later than 1:00 P.M. (New York City time) on the date of each Borrowing, each Bank participating therein shall (except as provided in subsection (c) of this Section) make available its share of such Borrowing, in Federal or other funds immediately available in New York City, to the Administrative Agent at its address specified referred to in or pursuant to Section 9.0111.01. Unless the Administrative Agent determines that any applicable condition specified in Article 3 has not been satisfied, the Administrative Agent will make the funds so received from the Banks available to the Borrower at the Administrative Agent's aforesaid address. (c) If any Bank makes a new Loan hereunder on a day on which the Borrower is to repay all or any part of an outstanding Loan from such Bank, such Bank shall apply the proceeds of its new Loan to make such repayment and only an amount equal to the difference (if any) between the amount being borrowed and the amount being repaid shall be made available by such Bank to the Administrative Agent as provided in subsection (b), or remitted by the Borrower to the Administrative Agent as provided in Section 2.13, as the case may be. (d) Unless the Administrative Agent shall have been notified by any received notice from a Bank prior to before the date of any Borrowing (or prior to 1:00 P.M. (New York City time) on the date of Borrowing in the case of a Base Rate Borrowing) that such Bank does will not intend to make available to the Administrative Agent such Bank's portion share of the Borrowing to be made on such dateBorrowing, the Administrative Agent may assume that such Bank has made such amount share available to the Administrative Agent on the date of such date Borrowing in accordance with subsection (b) of this Section and the Administrative Agent may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount, subject . If and to the provisions of subsection (c). If extent that such corresponding amount is Bank shall not in fact have so made such share available to the Administrative Agent Agent, such Bank and, if such Bank shall have failed to do so within three Domestic Business Days of demand therefor by such Bankthe Administrative Agent, the Borrower severally agree to repay to the Administrative Agent shall be entitled to recover forthwith on demand such corresponding amount on demand from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefortogether with interest thereon, the Administrative Agent shall promptly notify the Borrower and the Borrower shall promptly pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover from such Bank or the Borrower interest on such corresponding amount in respect of for each day from the date such corresponding amount was is made available by the Administrative Agent to the Borrower to until the date such corresponding amount is recovered by repaid to the Administrative Agent, at a rate per annum equal to (x) in the case of a Bank, the Federal Funds Rate for each such day and (y) in the case of the Borrower, the then applicable rate for Base Rate Loans, Euro-Dollar Loans or Money Market Loans, as appropriateRate. Nothing herein shall be deemed to relieve any Bank from its obligation to fulfill its Commitment hereunder or to prejudice any rights which the Borrower may have against any Bank as a result of any default by If such Bank hereundershall repay to the Administrative Agent such corresponding amount, such amount so repaid shall constitute such Bank's Loan included in such Borrowing for purposes of this Agreement. For purposes 20SECTION 2.5.