Funding by Agent. Unless the Agent shall have been notified in writing by any Lender not later than the close of business on the day before the day on which Loans are requested by the Borrower to be made that such Lender will not make its Pro Rata share of such Loans, the Agent may assume that such Lender will make its Pro Rata share of the Loans, and in reliance upon such assumption the Agent may (but in no circumstances shall be required to) make available to the Borrower a corresponding amount. If and to the extent that any Lender fails to make such payment to the Agent on such date, such Lender shall pay such amount on demand (or, if such Lender fails to pay such amount on demand, the Borrower shall pay such amount on demand), together with interest, for the Agent's own account, for each day from and including the date of the Agent's payment to and including the date of repayment to the Agent (before and after judgment) at the rate per annum applicable to such Loans. All payments to the Agent under this Section shall be made to the Agent at its Office in Dollars in funds immediately available at such Office, without set-off, withholding, counterclaim or other deduction of any nature.
Funding by Agent. Unless the Agent shall have been notified in writing by any Lender not later than 4:00 p.m. on the day before the day on which Loans are requested by Borrower to be made that (or, if the request for a Loan is made by Borrower on the date such Loan is to be made, then not later than 2:00 p.m. on such day) such Lender will not make its ratable share of such Loans, the Agent may assume that such Lender will make its ratable share of the Loans, and in reliance upon such assumption the Agent may (but in no circumstances shall be required to) make available to the Borrower a corresponding amount. If and to the extent that any Lender fails to make such payment on such date, such Lender shall pay such amount to the Agent on demand, together with interest thereon, as set forth in Section 2.5(b) of this Agreement.
Funding by Agent. Unless the Agent shall have been notified in writing by any Lender not later than 4:00 p.m., New York time, on the day before the day on which Loans are requested by the Company to be made that (or, if the request for a Loan is made by the Company on the date such Loan is to be made, then not later than 11:00 a.m. on such day) such Lender will not make its ratable share of such Loans, the Agent may assume that such Lender will make its ratable share of the Loans, and in reliance upon such assumption the Agent may (but in no circumstances shall be required to) make available to the Company a corresponding amount. If and to the extent that any Lender fails to make such payment on such date, such Lender shall pay such amount to the Agent on demand (or, if such Lender fails to pay such amount on demand, the Company shall repay such amount loaned to it on demand), together with interest, for the Agent's own account, for each day from and including the date of the Agent's payment to and including the date of repayment to the Agent (before and after judgment) at the rate or rates per annum set forth below. All payments to the Agent under this Section shall be made to the Agent at its office in U.S. Dollars in funds immediately available at such office, without set-off, withholding, counterclaim or other deduction of any nature. If funds deliverable by any Lender to the Agent or by the Agent to any Lender are not made available when required hereunder, the party which has not made such funds available shall pay interest to the other at the Federal Funds Rate for the first three days such funds are not made available and 2% in excess of the Federal Funds Rate thereafter.
Funding by Agent. Agent may assume that each applicable Lender has made its share of a requested Loan available to the Agent and based on such assumption the Agent, in its sole discretion, may, but shall not be obligated to, cause a corresponding amount to be made available to the Borrower on such day. If Agent makes such corresponding amount available to the Borrower and such corresponding amount is not in fact made available to Agent by any such Lender, Agent shall be entitled to recover such corresponding amount on demand from such Lender together with interest thereon, for each day from the date such payment was due until the date such amount is paid to the Agent, at the Federal Funds Rate for three (3) Business Days and thereafter at the at the highest rate then in effect for such Loan pursuant to Section 2.02(a). During the period in which such Lender has not paid such corresponding amount to Agent, notwithstanding anything to the contrary contained in this Agreement or any other Loan Document, the amount so advanced by Agent to the Borrower shall, for all purposes hereof, be such a Loan made by Agent for its own account. Upon any such failure by a Lender to pay Agent, Agent shall promptly thereafter notify the Borrower of such failure and the Borrower shall immediately pay such corresponding amount to the Agent for its own account.
Funding by Agent. Upon fulfillment of the applicable conditions set forth in Article III of this Agreement, and subject to the Agent's receipt of funds in accordance with Section 2.3(b) below, the Agent will not later than 4:15 p.m., Detroit time, on the proposed Funding Date of each Advance, make available to the Company the requested Advance by depositing the amounts thereof, in immediately available funds, in account no. 16 128 53 of the Company maintained at the main office of the Agent (unless the Company otherwise instructs the Agent in writing to pay such funds elsewhere).
Funding by Agent. 63 ARTICLE X MISCELLANEOUS....................................................................................... 64 10.1 Holidays............................................................................................ 64 10.2 Records............................................................................................. 64 10.3
Funding by Agent. 67 ARTICLE X MISCELLANEOUS.....................................................67
Funding by Agent. Agent shall make the funds available to Borrower by 4:00 p.m. on the Borrowing Date by depositing these funds into the Warehouse Account or by wire transfer in accordance with the Borrowing Request.
Funding by Agent. (a) Except as otherwise expressly provided in this Agreement, the Agent alone be entitled to make all advances in connection with the Loan and shall receive all payments and other receipts relating to the Loan; it being understood, however, that the Agent has reserved the right not to advance any amounts to the Borrowers which the Agent has not received from the Lender(s). The Agent will notify each Lender of the date and amount of any requested advance, and if such notification is received by 1:00 p.m. Washington, D.C. time on any given Business Day, the Lender(s) shall provide the required funds to the Agent no later than the close of business on such Business Day. Once per week, or within such shorter time frame as may be requested by the Agent, the Agent and each Lender shall pay to each other such amounts (the "Equalization Payments") as may be necessary to cause each Lender to own its applicable Percentage of the Loan and otherwise implement the terms and provisions of this Agreement; it being understood that (i) each Lender shall be entitled to receive interest on amounts advanced by it only from the date of such Lender's advance of funds; (ii) payments made by the Borrowers and received by the Agent shall be promptly distributed to the Lenders in accordance with the terms of this Agreement; and (iii) LIBOR advances and payments of amounts outstanding on a LIBOR basis shall be made by and between the Agent and the applicable Lenders on a same day basis, provided that the applicable Request for Advance, LIBOR Election Form and Certification and/or payment of amounts outstanding on a LIBOR basis shall have been received by the Agent on or before 1:00 p.m. Washington, D.C. time on any given Business Day. The obligation of the Agent and each Lender to make Equalization Payments shall not be affected by a bankruptcy filing by any Borrower, the occurrence of any Event of Default or any other act, occurrence or event whatsoever, whether the same occurs, before, on or after the date on which an Equalization Payment is required to be made. All Equalization Payments shall be made by 1:00 p.m. Washington, D.C. time on the date such payment is required.
Funding by Agent. Subject to receipt of those funds, Agent shall (i) for a Borrowing under an Agent's Request, treat those funds as a payment by Borrower on the Principal Debt of Swing Borrowings, and (ii) for any other Borrowing on the Borrowing Date -- unless to its actual knowledge any of the applicable conditions precedent have not been satisfied by Borrower or waived by the requisite Lenders -- either (A) deposit those funds into the Warehouse Account for a Dry Borrowing, (B) wire transfer those funds in accordance with the Borrowing Request for a Wet Borrowing, (C) deposit those funds into the Servicing Account for a Working-Capital Borrowing, or (D) wire transfer those funds in accordance with the Borrowing Request for a Term-Line Borrowing.
