Common use of Advances by Administrative Agent Clause in Contracts

Advances by Administrative Agent. (i) The Administrative Agent may, unless notified to the contrary by any Lender prior to a Drawdown Date or the Applicable Time, as the case may be, assume that such Lender has made available to the Administrative Agent on such Drawdown Date or Applicable Time, as the case may be, the amount of such Xxxxxx’s Commitment Percentage of the Loans to be made on such Drawdown Date or Applicable Time, as the case may be, and the Administrative Agent may (but it shall not be required to), in reliance upon such assumption, make available to BGI, Xxxxxx Germany, Xxxxxx Luxembourg and/or Xxxxxx Switzerland, as the case may be, a corresponding amount. If any Lender makes available to the Administrative Agent such amount on a date after such Drawdown Date or Applicable Time, as the case may be, such Lender shall pay to the Administrative Agent its Commitment Percentage thereof on demand of the Administrative Agent, plus interest thereon from the date of such demand to the date such amount is paid by such Lender, such amount with interest thereon for the period from the date such payment is required to the date on which such payment is immediately available to the Swing Line Lender at a rate per annum equal to the applicable Overnight Rate, plus any administrative, processing or similar fees customarily charged by the Administrative Agent in connection with the foregoing. If the amount of such Xxxxxx’s Commitment Percentage of such Loans is not made available to the Administrative Agent by such Lender within three (3) Business Days following such Drawdown Date or Applicable Time, as the case may be, the Administrative Agent shall be entitled to recover such amount from the applicable Borrower on demand, with interest thereon at the rate per annum applicable to the Loans made on such Drawdown Date or Applicable Time, as the case may be. The obligations of any Lender under this clause shall survive the payment in full of the Obligations and the termination of this Credit Agreement.

Advances by Administrative Agent. (ia) The Administrative Agent may, unless notified to the contrary by any Lender prior to a Drawdown Date or the Applicable Time, as the case may be, assume that such Lender has made available to the Administrative Agent on such Drawdown Date or Applicable Time, as the case may be, the amount of such XxxxxxLender’s Commitment Percentage of the Loans to be made on such Drawdown Date or Applicable Time, as the case may be, and the Administrative Agent may (but it shall not be required to), in reliance upon such assumption, make available to BGI, Xxxxxx Germany, Xxxxxx Luxembourg and/or Xxxxxx Switzerland, as the case may be, a corresponding amount. If any Lender makes available to the Administrative Agent such amount on a date after such Drawdown Date or Applicable Time, as the case may be, such Lender shall pay to the Administrative Agent its Commitment Percentage thereof on demand of the Administrative Agent, plus interest thereon from the date of such demand to the date such amount is paid by such Lender, such amount with interest thereon for the period from the date such payment is required to the date on which such payment is immediately available to the Swing Line Lender at a rate per annum equal to the applicable Overnight Rate, plus any administrative, processing or similar fees customarily charged by the Administrative Agent in connection with the foregoing. If the amount of such XxxxxxLender’s Commitment Percentage of such Loans is not made available to the Administrative Agent by such Lender within three (3) Business Days following such Drawdown Date or Applicable Time, as the case may be, the Administrative Agent shall be entitled to recover such amount from the applicable Borrower on demand, with interest thereon at the rate per annum applicable to the Loans made on such Drawdown Date or Applicable Time, as the case may be. The obligations of any Lender under this clause shall survive the payment in full of the Obligations and the termination of this Credit Agreement.

Advances by Administrative Agent. (ia) The Administrative Agent may, unless notified to the contrary by any Lender prior to a Drawdown Date or the Applicable Time, as the case may beDate, assume that such Lender has made available to the Administrative Agent on such Drawdown Date the amount of such Lender's Commitment Percentage or Applicable TimeLast Out Commitment Percentage, as the case may be, the amount of such Xxxxxx’s Commitment Percentage of the Loans to be made on such Drawdown Date or Applicable Time, as the case may beDate, and the Administrative Agent may (but it shall not be required to), in reliance upon such assumption, make available to BGI, Xxxxxx Germany, Xxxxxx Luxembourg and/or Xxxxxx Switzerlandthe applicable Borrower or, as the case may be, Borrowers a corresponding amount. If any Lender makes available to the Administrative Agent such amount on a date after such Drawdown Date or Applicable Time, as the case may beDate, such Lender shall pay to the Administrative Agent its Commitment Percentage thereof on demand of the Administrative Agent, plus interest thereon from the date of such demand an amount equal to the date such amount is paid by such Lender, such amount with interest thereon product of (a) the average computed for the period referred to in clause (c) below, of the Overnight Rate for each day included in such period times (b) the amount of such Lender's Commitment Percentage or Last Out Commitment Percentage, as the case may be, of such Loans, times (c) a fraction, the numerator of which is the number of days that elapse from the date and including such payment is required Drawdown Date to the date on which the amount of such payment is Lender's Commitment Percentage or Last Out Commitment Percentage, as the case may be, of such Loans shall become immediately available to the Swing Line Lender at a rate per annum equal to Administrative Agent, and the applicable Overnight Rate, plus any administrative, processing or similar fees customarily charged by denominator of which is 360. A statement of the Administrative Agent in connection submitted to such Lender with respect to any amounts owing under this paragraph shall be prima facie evidence of the foregoingamount due and owing to the Administrative Agent by such Lender. If the amount of such Xxxxxx’s Lender's Commitment Percentage or Last Out Commitment Percentage, as the case may be, of such Loans is not made available to the Administrative Agent by such Lender within three (3) Business Days following such Drawdown Date or Applicable Time, as the case may beDate, the Administrative Agent shall be entitled to recover such amount from the applicable Borrower or, as the case may be, Borrowers on demand, with interest thereon at the rate per annum applicable to the such Loans made on such Drawdown Date or Applicable Time, as the case may be. The obligations of any Lender under this clause shall survive the payment in full of the Obligations and the termination of this Credit AgreementDate.

Advances by Administrative Agent. (i) The Administrative Agent may, unless notified to the contrary by any Revolving Credit Lender prior to a Drawdown Date or the Applicable Time, as the case may beDate, assume that such Revolving Credit Lender has made available to the Administrative Agent on such Drawdown Date or Applicable Time, as the case may be, the amount of such XxxxxxRevolving Credit Lender’s Commitment Percentage of the Revolving Credit Loans to be made on such Drawdown Date or Applicable Time, as the case may beDate, and the Administrative Agent may (but it shall not be required to), in reliance upon such assumption, make available to BGI, Xxxxxx Germany, Xxxxxx Luxembourg and/or Xxxxxx Switzerland, as the case may be, Borrower a corresponding amount. If any Revolving Credit Lender makes available to the Administrative Agent such amount on a date after such Drawdown Date or Applicable Time, as the case may beDate, such Revolving Credit Lender shall pay to the Administrative Agent its Commitment Percentage thereof on demand of the Administrative Agent, plus interest thereon from the date of such demand an amount equal to the date such amount is paid by such Lender, such amount with interest thereon product of (a) the average computed for the period referred to in clause (c) below, of the weighted average interest rate paid by the Administrative Agent for federal funds acquired by the Administrative Agent during each day included in such period, times (b) the amount of such Revolving Credit Lender’s Commitment Percentage of such Revolving Credit Loans, times (c) a fraction, the numerator of which is the number of days that elapse from the date and including such payment is required Drawdown Date to the date on which the amount of such payment is Revolving Credit Lender’s Commitment Percentage of such Revolving Credit Loans shall become immediately available to the Swing Line Lender at a rate per annum equal to Administrative Agent, and the applicable Overnight Rate, plus any administrative, processing or similar fees customarily charged by denominator of which is 360. A statement of the Administrative Agent in connection submitted to such Revolving Credit Lender with respect to any amounts owing under this paragraph shall be prima facie evidence of the foregoingamount due and owing to the Administrative Agent by such Revolving Credit Lender. If the amount of such XxxxxxRevolving Credit Lender’s Commitment Percentage of such Revolving Credit Loans is not made available to the Administrative Agent by such Revolving Credit Lender within three (3) Business Days following such Drawdown Date or Applicable Time, as the case may beDate, the Administrative Agent shall be entitled to recover such amount from the applicable Borrower on demand, with interest thereon at the rate per annum applicable to the Revolving Credit Loans made on such Drawdown Date or Applicable Time, as the case may be. The obligations of any Lender under this clause shall survive the payment in full of the Obligations and the termination of this Credit AgreementDate.