Common use of Presumptions by Administrative Agent Clause in Contracts

Presumptions by Administrative Agent. Unless the Administrative Agent shall have received notice from a Lender prior to the proposed date of any Loan that such Lender will not make available to the Administrative Agent such Lender's share of such Loan, the Administrative Agent may assume that such Lender has made such share available on such date in accordance with Section 2.6.1[Making Revolving Credit Loans] and may, in reliance upon such assumption, make available to the Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable Loan available to the Administrative Agent, then the applicable Lender and the Borrower severally agree to pay to the Administrative Agent forthwith on demand such corresponding amount with interest thereon, for each day from and including the date such amount is made available to the Borrower to but excluding the date of payment to the Administrative Agent, at (i) in the case of a payment to be made by such Lender, the greater of the Federal Funds Effective Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation and (ii) in the case of a payment to be made by the Borrower, the interest rate applicable to Loans under the Base Rate Option. If such Lender pays its share of the applicable Loan to the Administrative Agent, then the amount so paid shall constitute such Lender's Loan. Any payment by the Borrower shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make such payment to the Administrative Agent.

Presumptions by Administrative Agent. Unless the Administrative Agent shall have received notice from a Lender the Borrowers prior to the proposed date of on which any Loan that such Lender will not make available payment is due to the Administrative Agent for the account of the Lenders or the L/C Issuer hereunder that the Borrowers will not make such Lender's share of such Loanpayment, the Administrative Agent may assume that such Lender has the Borrowers have made such share available payment on such date in accordance with Section 2.6.1[Making Revolving Credit Loans] herewith and may, in reliance upon such assumption, make available distribute to the Borrower a corresponding amountLenders or the L/C Issuer, as the case may be, the amount due. In With respect to any payment that the Administrative Agent makes for the account of the Lenders or the L/C Issuer hereunder as to which the Administrative Agent determines (which determination shall be conclusive absent manifest error) that any of the following applies (such event, if a Lender has payment referred to as the “Rescindable Amount”) : (1) the Borrowers have not in fact made its share such payment; (2) the Administrative Agent has made a payment in excess of the applicable Loan available to amount so paid by the Borrowers (whether or not then owed); or (3) the Administrative Agentagent has for any reason otherwise erroneously made such payment; then each of the Lenders or the L/C Issuer, then as the applicable Lender and the Borrower case may be, severally agree agrees to pay repay to the Administrative Agent forthwith on demand the Rescindable Amount so distributed to such corresponding amount Lender or the L/C Issuer, in immediately available funds with interest thereon, for each day from and including the date such amount is made available distributed to the Borrower it to but excluding the date of payment to the Administrative Agent, at (i) in the case of a payment to be made by such Lender, the greater of the Federal Funds Effective Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation and (ii) in the case of a payment to be made by the Borrower, the interest rate applicable to Loans under the Base Rate Optioncompensation. If such Lender pays its share A notice of the applicable Loan Administrative Agent to the Administrative Agent, then the amount so paid shall constitute such Lender's Loan. Any payment by any Lender or the Borrower with respect to any amount owing under this clause (b) shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make such payment to the Administrative Agentconclusive, absent manifest error.

Presumptions by Administrative Agent. Unless the Administrative Agent shall have received notice from a Lender prior to the proposed date of any Loan Revolving Advance that such Lender will not make available to the Administrative Agent such Lender's share ’s Commitment Percentage of such LoanRevolving Advance, the Administrative Agent may assume that such Lender has made such share available on such date in accordance with Section 2.6.1[Making Revolving Credit Loans] 2.20(c)(i) and may, in reliance upon such assumption, make available to the Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable Loan Revolving Advance available to the Administrative Agent, then the applicable Lender and the Borrower Borrowers severally agree to pay to the Administrative Agent forthwith on demand such corresponding amount with interest thereon, for each day from and including the date such amount is made available to the Borrower Borrowers to but excluding the date of payment to the Administrative Agent, at (i) in the case of a payment to be made by such Lender, the greater of the Federal Funds Effective Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation compensation, and (ii) in the case of a payment to be made by the BorrowerBorrowers, the interest rate applicable to Loans under the Base Revolving Advances consisting of Domestic Rate OptionLoans. If such Lender pays its share of the applicable Loan Revolving Advance to the Administrative Agent, then the amount so paid shall constitute such Lender's Loan’s Revolving Advance. Any payment by the Borrower Borrowers shall be without prejudice to any claim the Borrower Borrowers may have against a Lender that shall have failed to make such payment to the Administrative Agent.

Presumptions by Administrative Agent. Unless the Administrative Agent shall have received notice from a Lender the Borrower prior to the proposed date of on which any Loan that such Lender will not make available payment is due to the Administrative Agent for the account of the Lenders or the Issuing Lender hereunder that the Borrower will not make such Lender's share of such Loanpayment, the Administrative Agent may assume that such Lender the Borrower has made such share available payment on such date in accordance with Section 2.6.1[Making Revolving Credit Loans] herewith and may, in reliance upon such assumption, make available distribute to the Borrower a corresponding amountLenders or the Issuing Lender, as the case may be, the amount due. In such event, if a Lender the Borrower has not in fact made its share such payment, then each of the applicable Loan available Lenders or the Issuing Lender, as the case may be, severally agrees to the Administrative Agent, then the applicable Lender and the Borrower severally agree to pay repay to the Administrative Agent forthwith on demand the amount so distributed to such corresponding amount Lender or the Issuing Lender, with interest thereon, for each day from and including the date such amount is made available distributed to the Borrower it to but excluding the date of payment to the Administrative Agent, at (i) in the case of a payment to be made by such Lender, the greater of the Federal Funds Effective Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation and (ii) in the case of a payment compensation. Interest Payment Dates. Interest on Loans to be made by the Borrower, the interest rate applicable to Loans under which the Base Rate Option. If such Lender pays its share of the applicable Loan to the Administrative Agent, then the amount so paid shall constitute such Lender's Loan. Any payment by the Borrower Option applies shall be without prejudice due and payable in arrears on each Payment Date. Interest on Loans to any claim which the Borrower may have against a Lender that LIBOR Rate Option applies shall have failed to make be due and payable on the last day of each Interest Period for those Loans and, if such payment to Interest Period is longer than three (3) Months, also on the Administrative Agent90th day of such Interest Period. Interest on the principal amount of each Loan or other monetary Obligation shall be due and payable on demand after such principal amount or other monetary Obligation becomes due and payable (whether on the stated Expiration Date, upon acceleration or otherwise).