Common use of Presumption of Payment Clause in Contracts

Presumption of Payment. (a) Unless the Agent shall have received notice from a Lender prior to 12:00 p.m. noon (Baltimore City Time) on the date of the requested date for the making of advances under the Revolving Loan that such Lender will not make available to the Agent, such Lender's Revolving Credit Pro Rata Share of the advances to be made on such date, the Agent may assume that such Lender has made such amount available to the Agent on such date in accordance with this Section 2.8, and the Agent, in its sole discretion may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount on behalf of such Lender.

Appears in 2 contracts

Samples: Financing and Security Agreement (BPC Holding Corp), Financing and Security Agreement (BPC Holding Corp)

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Presumption of Payment. (a) Unless the Agent shall have received notice from a Lender prior to 12:00 p.m. noon (Baltimore City Time) on the date of the requested date for the making of advances under the Revolving Loan that such Lender will not make available to the Agent, such Lender's Revolving Credit Pro Rata Share of the advances to be made on such date, the Agent may assume that such Lender has made such amount available to the Agent on such date in accordance with this Section 2.82.6, and the Agent, in its sole discretion may, in reliance upon such assumption, make available to the Borrower Revolving Credit Borrowers on such date a corresponding amount on behalf of such Lender.

Appears in 1 contract

Samples: Financing and Security Agreement (First Alert Inc)

Presumption of Payment. (a) Unless the Agent shall have received notice from a Lender prior to 12:00 p.m. noon (Baltimore City Time) on the date of the requested date for the making of advances under the Revolving Loan that such Lender will not make available to the Agent, such Lender's Revolving Credit Pro Rata Share of the advances to be made on such date, the Agent may assume that such Lender has made such amount available to the Agent on such date in accordance with this Section 2.82.9, and the Agent, in its sole discretion may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount on behalf of such Lender.

Appears in 1 contract

Samples: Financing and Security Agreement (BPC Holding Corp)

Presumption of Payment. (a) Unless the Agent shall have received notice from a Lender prior to 12:00 2:30 p.m. noon (Baltimore City Time) on the date of the requested date for the making of advances under the Revolving Loan that such Lender will not make available to the Agent, such Lender's Revolving Credit Pro Rata Share of the advances to be made on such date, the Agent may assume that such Lender has made such amount available to the Agent on such date in accordance with this Section 2.82.5, and the Agent, in its sole discretion may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount on behalf of such Lender.

Appears in 1 contract

Samples: Financing and Security Agreement (O Ray Holdings Inc)

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Presumption of Payment. (a) Unless the Agent shall have received notice from a Lender prior to 12:00 p.m. noon (Baltimore City Time) on the date of the requested date for the making of advances under the Revolving Loan Advances that such Lender will not make available to the Agent, such Lender's ’s Revolving Credit Pro Rata Share of the advances Advances to be made on such date, the Agent may assume that such Lender has made such amount available to the Agent on such date in accordance with this Section 2.82.6.3 (Presumption of Payment), and the Agent, in its sole discretion may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount on behalf of such Lender.

Appears in 1 contract

Samples: Financing and Security Agreement (Dcap Group Inc)

Presumption of Payment. (a) Unless the Agent shall have received notice from a Lender prior to 12:00 p.m. noon (Baltimore City Eastern Time) on the date of the requested date for the making of advances under the Revolving Loan that such Lender will not make available to the Agent, such Lender's Revolving Credit Pro Rata Share of the advances to be made on such date, the Agent may assume that such Lender has made such amount available to the Agent on such date in accordance with this Section 2.8this, and the Agent, in its sole discretion may, in reliance upon such assumption, make available to the Borrower Borrowers on such date a corresponding amount on behalf of such Lender.

Appears in 1 contract

Samples: Business Loan and Security Agreement (Vse Corp)

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