Common use of Non-Receipt of Funds by the Agent Clause in Contracts

Non-Receipt of Funds by the Agent. Unless the Agent shall have been notified by a Bank or Borrowers (the "Payor") prior to the date on which such Bank is to make payment to the Agent of the proceeds of a Revolving Loans to be made by it hereunder or any Borrower is to make a payment to the Agent for the account of one or more of the Banks, as the case may be (such payment being herein called the "Required Payment"), which notice shall be effective upon receipt, that the Payor does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient on such date and, if the Payor has not in fact made the Required Payment to the Agent, the recipient of such payment shall, on demand, pay to the Agent the amount made available to it together with interest thereon in respect of the period commencing on the date such amount was made available by the Agent until the date the Agent recovers such amount at the rate applicable to such portion of the applicable Revolving Loan.

Non-Receipt of Funds by the Agent. Unless the Agent shall have been notified by a Bank Lender or Borrowers Borrower (the "Payor") prior to the date on which such Bank Lender is to make payment to the Agent of the proceeds of a Revolving Loans Loan to be made by it hereunder or any Borrower is to make a payment to the Agent for the account of one or more of the BanksLenders, as the case may be (such payment being herein called the "Required Payment"), which notice shall be effective upon receipt, that the Payor does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient on such date and, if the Payor has not in fact made the Required Payment to the Agent, the recipient of such payment shall, on demand, pay to the Agent the amount made available to it together with interest thereon in respect of the period commencing on the date such amount was made available by the Agent until the date the Agent recovers such amount at the rate applicable to such portion of the applicable Revolving Loan. Any payment due from any Lender to Agent pursuant hereto shall bear interest at the Federal Funds Rate.

Non-Receipt of Funds by the Agent. Unless the Agent shall have been notified by a Bank or Borrowers a Borrower (the "Payor") prior to the date on which such Bank is to make payment to the Agent of the proceeds of a Revolving Loans Loan to be made by it hereunder or any Borrower is the Borrowers are to make a payment to the Agent for the account of one or more of the Banks, as the case may be (such payment being herein called the "Required Payment"), which notice shall be effective upon receipt, that the Payor does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient on such date and, if the Payor has not in fact made the Required Payment to the Agent, the recipient of such payment shall, on demand, pay repay to the Agent the amount made available to it together with interest thereon in respect of each day during the period commencing on the date such amount was so made available by the Agent until the date the Agent recovers such amount at a rate per annum equal to the Federal Funds Rate for such day (when the recipient is a Bank) or equal to the rate of interest applicable to such portion of Loan (when the applicable Revolving Loanrecipient is a Borrower).

Non-Receipt of Funds by the Agent. Unless the Agent shall have been notified by a Bank Lender or the Borrowers (the "PayorPAYOR") prior to the date on which such Bank Lender is to make payment to the Agent of the proceeds of a Revolving Loans Loan to be made by it hereunder or any Borrower is the Borrowers are to make a payment to the Agent for the account of one or more of the BanksLenders, as the case may be (such payment being herein called the "Required PaymentREQUIRED PAYMENT"), which notice shall be effective upon receipt, that the Payor does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient on such date and, if the Payor has not in fact made the Required Payment to the Agent, the recipient of such payment shall, on demand, pay to the Agent the amount made available to it together with interest thereon in respect of the period commencing on the date such amount was so made available by the Agent until the date the Agent recovers such amount at a rate per annum equal to (i) the federal funds rate for such period in the case of a Lender and (b) the applicable to rate of interest provided for herein for such portion period in the case of the applicable Revolving LoanBorrowers.

Non-Receipt of Funds by the Agent. Unless the Agent shall have been notified by a Bank or Borrowers the Borrower (the "PayorPAYOR") prior to the date on which such Bank is to make payment to the Agent of the proceeds of a Revolving Loans Loan to be made by it hereunder or any the Borrower is to make a payment to the Agent for the account of one or more of the Banks, as the case may be (such payment being herein called the "Required PaymentREQUIRED PAYMENT"), which notice shall be effective upon receipt, that the Payor does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient on such date and, if the Payor has not in fact made the Required Payment to the Agent, the recipient of such payment shall, on demand, pay repay to the Agent the amount made available to it together with interest thereon in respect of each day during the period commencing on the date such amount was so made available by the Agent until the date the Agent recovers such amount at a rate per annum equal (i) when the recipient is a Bank, the Federal Funds Rate for such day, or (ii) the rate of interest applicable to such portion of Loan (when the applicable Revolving Loanrecipient is the Borrower).

Non-Receipt of Funds by the Agent. Unless the Agent shall have been notified by a Bank or Borrowers Parent (the "Payor") prior to the date on which such Bank is to make payment to the Agent of the proceeds of a Revolving Loans an Advance to be made by it hereunder or any Borrower Parent is to make a payment to the Agent for the account of one or more of the Banks, as the case may be (such payment being herein called the "Required Payment"), which notice shall be effective upon receipt, that the Payor does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient on such date and, if the Payor has not in fact made the Required Payment to the Agent, the recipient of such payment shall, on demand, pay to the Agent the amount made available to it together with interest thereon in respect of the period commencing on the date such amount was so made available by the Agent until the date the Agent recovers such amount at a rate per annum equal to the rate applicable to Federal Funds Rate for such portion of the applicable Revolving Loanperiod.

Non-Receipt of Funds by the Agent. Unless the Agent shall have been notified by a Bank Lender or Borrowers F.Y.I. (the "Payor") prior to the date on which such Bank Lender is to make payment to the Agent of the proceeds of a Revolving Loans Loan to be made by it hereunder or any Borrower F.Y.I. is to make a payment to the Agent for the account of one or more of the BanksLenders, as the case may be (such payment being herein called the "Required Payment"), which notice shall be effective upon receipt, that the Payor does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient on such date and, if the Payor has not in fact made the Required Payment to the Agent, the recipient of such payment shall, on demand, pay to the Agent the amount made available to it together with interest thereon in respect of the period commencing on the date such amount was so made available by the Agent until the date the Agent recovers such amount at a rate per annum equal to the rate applicable to Federal Funds Rate for such portion of the applicable Revolving Loanperiod.

Non-Receipt of Funds by the Agent. Unless the Agent shall have been notified by a Bank or Borrowers the Borrower (the "Payor") prior to the date on which such Bank is to make payment to the Agent of the proceeds of a Revolving Loans Loan to be made by it hereunder or any the Borrower is to make a payment to the Agent for the account of one or more of the Banks, as the case may be (such payment being herein called the "Required Payment"), which notice shall be effective upon receipt, that the Payor does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient on such date and, if the Payor has not in fact made the Required Payment to the Agent, the recipient of such payment shall, on demand, pay to the Agent the amount made available to it together with interest thereon in respect of the period commencing on the date such amount was made available by the Agent until the date the Agent recovers such amount at the rate applicable to such portion of the applicable Revolving Loan.

Non-Receipt of Funds by the Agent. Unless the Agent shall have been notified by a Bank Lender or Borrowers the Borrower (the "“Payor"”) prior to the date on which such Bank Lender is to make payment to the Agent of the proceeds of a Revolving Loans Loan to be made by it hereunder or any the Borrower is to make a payment to the Agent for the account of one or more of the BanksLenders, as the case may be (such payment being herein called the "“Required Payment"”), which notice shall be effective upon receipt, that the Payor does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient on such date and, if the Payor has not in fact made the Required Payment to the Agent, the recipient of such payment shall, on demand, pay to the Agent the amount made available to it together with interest thereon in respect of the period commencing on the date such amount was made available by the Agent until the date the Agent recovers such amount at the rate applicable to such portion of the applicable Revolving Loan.

Non-Receipt of Funds by the Agent. Unless the Agent shall have been notified by a Bank Lender or Borrowers (the "Payor") prior to the date on which such Bank Lender is to make payment to the Agent of the proceeds of a Revolving Loans Loan to be made by it hereunder or any Borrower is to make a payment to the Agent for the account of one or more of the BanksLenders, as the case may be (such payment being herein called the "Required Payment"), which notice shall be effective upon receipt, that the Payor does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient on such date and, if the Payor has not in fact made the Required Payment to the Agent, the recipient of such payment shall, on demand, pay to the Agent the amount made available to it together with interest thereon in respect of the period commencing on the date such amount was made available by the Agent until the date the Agent recovers such amount at a rate per annum equal to (x) in the case of payment by a Lender, the Federal Funds Effective Rate for such day for the first three days and, thereafter, the interest rate applicable to such portion the relevant Loan or (y) in the case of payment by the Borrowers, the interest rate applicable Revolving to the relevant Loan.

Non-Receipt of Funds by the Agent. Unless the Agent shall have been notified by a Bank or the Borrowers (the "“Payor"”) prior to the date on which such Bank is to make payment to the Agent of the proceeds of a Revolving Loans Loan to be made by it hereunder or any Borrower is the Borrowers are to make a payment to the Agent for the account of one or more of the Banks, as the case may be (such payment being herein called the "“Required Payment"”), which notice shall be effective upon receipt, that the Payor does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient on such date and, if the Payor has not in fact made the Required Payment to the Agent, the recipient of such payment shall, on demand, pay repay to the Agent the amount made available to it together with interest thereon in respect of each day during the period commencing on the date such amount was so made available by the Agent until the date the Agent recovers such amount at a rate per annum equal (i) when the recipient is a Bank, the Federal Funds Rate for such day, or (ii) the rate of interest applicable to such portion of Loan (when the applicable Revolving Loanrecipient is the Borrowers).

Non-Receipt of Funds by the Agent. (a Unless the Agent shall have been notified by a Bank Lender or Borrowers the Borrower (the "Payor") prior to the date on which such Bank Lender is to make payment to the Agent of the proceeds of a Revolving Loans Loan to be made by it hereunder or any the Borrower is to make a payment to the Agent for the account of one or more of the BanksLenders, as the case may be (such payment being herein called the "Required Payment"), which notice shall be effective upon receipt, that the Payor does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient on such date and, if the Payor has not in fact made the Required Payment to the Agent, the recipient of such payment shall, on demand, pay to the Agent the amount made available to it together with interest thereon in respect of the period commencing on the date such amount was so made available by the Agent until the date the Agent recovers such amount at a rate per annum equal to the rate applicable to Federal Funds Rate for such portion of the applicable Revolving Loanperiod.

Non-Receipt of Funds by the Agent. Unless the Agent shall have been notified by a Bank or Borrowers (the "Payor") Company prior to the date on which such Bank or the Company (as the case may be) is scheduled to make any payment to the Agent of the proceeds of a Revolving Loans any amount required to be made by it hereunder paid under this Agreement or any Borrower is to make a payment to the Agent for the account of one or more of the Banks, as the case may be Note (such payment being herein called the "a “Required Payment"”), which notice shall be effective upon receipt, that the Payor it does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such that assumption (but shall not be required to), make the amount thereof of such Required Payment available to the intended recipient recipient(s) on such date and, if date. If such Bank or the Payor Company (as the case may be) has not in fact made the Required Payment to the Agent, the recipient recipient(s) of such payment shall, on demand, pay repay to the Agent the amount so made available to it together with interest thereon in respect of each day during the period commencing on the date such amount was so made available by the Agent until the date on which the Agent recovers such amount at a rate per annum equal to the effective federal funds rate applicable to for such portion of day (as determined by the applicable Revolving LoanAgent).

Non-Receipt of Funds by the Agent. Unless the Agent shall have been notified by a Bank or Borrowers (the "Payor") Company prior to the date on which such Bank or the Company (as the case may be) is scheduled to make any payment to the Agent of the proceeds of a Revolving Loans any amount required to be made by it hereunder paid under this Agreement or any Borrower is to make a payment to the Agent for the account of one or more of the Banks, as the case may be Note (such payment being herein called the a "Required Payment"), which notice shall be effective upon receipt, that the Payor it does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such that assumption (but shall not be required to), make the amount thereof of such Required Payment available to the intended recipient recipient(s) on such date and, if date. If such Bank or the Payor Com pany (as the case may be) has not in fact made the Required Payment to the Agent, the recipient recipient(s) of such payment shall, on demand, pay repay to the Agent the amount so made available to it together with interest thereon in respect of each day during the period commencing on the date such amount was so made available by the Agent until the date on which the Agent recovers such amount at a rate per annum equal to the effective federal funds rate applicable to for such portion of day (as determined by the applicable Revolving LoanAgent).

Non-Receipt of Funds by the Agent. Unless the Agent shall have been notified by a Bank Lender or Borrowers the Borrower (the "Payor") prior to the date on which such Bank Lender is to make payment to the Agent of the proceeds of a Revolving Loans Loan to be made by it hereunder or any Borrower is to make a payment to the Agent for the account of one or more of the BanksLenders, as the case may be (such payment being herein called the "Required Payment"), which notice shall be effective upon receipt, that the Payor does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient on such date and, if the Payor has not in fact made the Required Payment to the Agent, the recipient of such payment shall, on demand, pay to the Agent the amount made available to it together with interest thereon in respect of the period commencing on the date such amount was made available by the Agent until the date the Agent recovers such amount at the rate applicable to such portion of the applicable Revolving Loan. 4.

Non-Receipt of Funds by the Agent. Unless the Agent shall have been notified by a Bank or the Borrowers (the "Payor") prior to the date on which such Bank is to make payment to the Agent of the proceeds of a Revolving Loans Loan to be made by it hereunder or any Borrower is the Borrowers are to make a payment to the Agent for the account of one or more of the Banks, as the case may be (such payment being herein called the "Required Payment"), which notice shall be effective upon receipt, that the Payor does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient on such date and, if the Payor has not in fact made the Required Payment to the Agent, the recipient of such payment shall, on demand, pay repay to the Agent the amount made available to it together with interest thereon in respect of each day during the period commencing on the date such amount was so made available by the Agent until the date the Agent recovers such amount at a rate per annum equal to (i) when the recipient is a Bank, the Federal Funds Rate for such day, or (ii) when the recipient is a Borrower, the rate of interest applicable to such portion of the applicable Revolving Loan.

Non-Receipt of Funds by the Agent. Unless the Agent shall have been notified by a Bank or Borrowers (the "Payor") a Borrower prior to the date on which such Bank notifying party is scheduled to make payment to the Agent of (in the case of a Bank) the proceeds of a Revolving Loans Loan to be made by it hereunder or any Borrower is to make (in the case of a Borrower) a payment to the Agent for the account of one or more of the Banks, as the case may be Banks hereunder (such payment being herein called the "Required Payment"), which notice shall be effective upon receipt, that the Payor it does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), ) make the amount thereof available to the intended recipient recipient(s) on such date and, if such Bank or Borrower (as the Payor case may be) has not in fact made the Required Payment to the Agent, the recipient recipient(s) of such payment shall, shall on demand, pay repay to the Agent the amount so made available to it together with interest thereon in respect of each day during the period commencing on the date such amount was so made available by the Agent until the date the Agent recovers such amount at the rate applicable to such portion of the applicable Revolving LoanPrime Rate.

Non-Receipt of Funds by the Agent. Unless the Agent shall have been notified by a Bank Lender or the Borrowers (the "Payor") prior to the date on which such Bank Lender is to make payment to the Agent of the proceeds of a Revolving Loans Loan to be made by it hereunder or any Borrower is the Borrowers are to make a payment to the Agent for the account of one or more of the BanksLenders, as the case may be (such payment being herein called the "Required Payment"), which notice shall be effective upon receipt, that the Payor does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient on such date and, if the Payor has not in fact made the Required Payment to the Agent, the recipient of such payment shall, on demand, pay to the Agent the amount made available to it together with interest thereon in respect of the period commencing on the date such 18 amount was made available by the Agent until the date the Agent recovers such amount at the rate applicable to such portion of the applicable Revolving Loan.

Non-Receipt of Funds by the Agent. Unless the Agent shall have been notified by a Bank Lender or Borrowers (the "Payor") Borrower prior to the date on which such Bank notifying party is scheduled to make payment to the Agent (in the case of a Lender) of the proceeds of a Revolving Loans Loan or a payment under a Letter of Credit to be made by it hereunder or any Borrower is to make (in the case of the Borrower) a payment to the Agent for the account of one or more of the Banks, as the case may be Lenders hereunder (such payment being herein called the "Required Payment"), which notice shall be effective upon receipt, that the Payor it does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient recipient(s) on such date and, if such Lender or the Payor Borrower (as the case may be) has not in fact made the Required Payment to the Agent, the recipient of such payment shall, on demand, pay to the Agent the amount made available to it together with interest thereon in respect of the period commencing on the date such amount was made available by the Agent until the date the Agent recovers such amount at the rate applicable to such portion of the applicable Revolving Loan.,

Non-Receipt of Funds by the Agent. Unless the Agent shall --------------------------------- have been notified by a Bank or Borrowers the Borrower (the "Payor") prior to the date on ----- which such Bank is to make payment to the Agent of the proceeds of a Revolving Loans an Advance to be made by it hereunder or any the Borrower is to make a payment to the Agent for the account of one or more of the Banks, as the case may be (such payment being herein called the "Required Payment"), which notice shall be effective upon ---------------- receipt, that the Payor does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient on such date and, if the Payor has not in fact made the Required Payment to the Agent, the recipient of such payment shall, on demand, pay to the Agent the amount made available to it together with interest thereon in respect of the period commencing on the date such amount was so made available by the Agent until the date the Agent recovers such amount at a rate per annum equal to the rate applicable to Federal Funds Effective Rate for such portion of the applicable Revolving Loanperiod.

Non-Receipt of Funds by the Agent. Unless the Agent shall have been notified by a Bank or the Borrowers (the "Payor") prior to the date on which such Bank is to make payment to the Agent of the proceeds of a Revolving Loans Loan to be made by it hereunder or any Borrower is the Borrowers are to make a payment to the Agent for the account of one or more of the Banks, as the case may be (such payment being herein called the "Required Payment"), which notice shall be effective upon receipt, that the Payor does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient on such date and, if the Payor has not in fact made the Required Payment to the Agent, the recipient of such payment shall, on demand, pay repay to the Agent the amount made available to it together with interest thereon in respect of each day during the period commencing on the date such amount was so made available by the Agent until the date the Agent recovers such amount at a rate per annum equal to the Federal Funds Rate for such day (when the recipient is a Bank) or equal to the rate of interest applicable to such portion of Loan (when the applicable Revolving Loanrecipient is the Borrowers).

Non-Receipt of Funds by the Agent. Unless the Agent shall have been notified by a Bank or the Borrowers (the "Payor") prior to the date on which such Bank is to make payment to the Agent of the proceeds of a Revolving Loans Loan to be made by it hereunder or any Borrower is the Borrowers are to make a payment to the Agent for the account of one or more of the Banks, as the case may be (such payment being herein called the "Required Payment"), which notice shall be effective upon receipt, that the Payor does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient on such date and, if the Payor has not in fact made the Required Payment to the Agent, the recipient of such payment shall, on demand, pay to the Agent the amount made available to it together with interest thereon in respect of the period commencing on the date such amount was so made available by the Agent until the date the Agent recovers such amount at a rate per annum equal to the rate applicable to such portion Federal Funds Rate (or, in the case of the applicable Revolving LoanBorrowers, the Applicable Rate) for such period.

Non-Receipt of Funds by the Agent. Unless the Agent shall have been notified in writing by a Bank Lender or Borrowers the Borrower (the "PayorPAYOR") prior to the date on which such Bank Lender is to make payment to the Agent of the proceeds of a Revolving Loans Loan to be made by it hereunder or any the Borrower is to make a payment to the Agent for the account of one or more of the BanksLenders, as the case may be (such payment being herein called the "Required PaymentREQUIRED PAYMENT"), which notice shall be effective upon receipt, that the Payor does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient on such date and, if the Payor has not in fact made the Required Payment to the Agent, the recipient of such payment shall, on demand, pay to the Agent the amount made available to it together with interest thereon in respect of the period commencing on the date such amount was so made available by the Agent until the date the Agent recovers such amount at a rate per annum equal to the rate applicable to Federal Funds Rate for such portion of the applicable Revolving Loanperiod.

Non-Receipt of Funds by the Agent. Unless the Agent shall have been notified by a Bank or Borrowers Borrower (the "Payor") prior to the date on which such Bank is to make payment to the Agent of the proceeds of a Revolving Loans Loan to be made by it hereunder or any Borrower is to make a payment to the Agent for the account of one or more of the Banks, as the case may be (such payment being herein called the "Required Payment"), which notice shall be effective upon receipt, that the Payor does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient on such date and, if the Payor has not in fact made the Required Payment to the Agent, the recipient of such payment shall, on demand, pay to the Agent the amount made available to it together with interest thereon in respect of the period commencing on the date such amount was so made available by the Agent until the date the Agent recovers such amount at a rate per annum equal to the rate applicable to Federal Funds Rate for such portion of the applicable Revolving Loanperiod.

Non-Receipt of Funds by the Agent. Unless the Agent shall have been notified by a Bank or Borrowers the Company (the "Payor") prior to the date on which such Bank the Payor is to make payment to the Agent of (in the case of a Bank) the proceeds of a Revolving Loans Loan to be made by it hereunder or any Borrower is to make (in the case of the Company) a payment to the Agent for the account of one or more of the Banks, as the case may be Banks hereunder (such payment being herein called the "Required Payment"), which notice shall be effective upon receipt, that the Payor does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient recipient(s) on such date and, if the Payor has not in fact made the Required Payment to the Agent, the recipient recipient(s) of such payment shall, on demand, pay repay to the Agent the amount so made available to it together with interest thereon in respect of each day during the period commencing on the date such amount was so made available by the Agent until the date the Agent recovers such amount at a rate per annum equal to the rate applicable Federal Funds Rate for such day and, if such recipient(s) shall fail promptly to make such portion of payment, the applicable Revolving LoanAgent shall be entitled to recover such amount, on demand, from the Payor, together with interest as aforesaid.

Non-Receipt of Funds by the Agent. Unless the Agent shall have been notified by a Bank or Borrowers Borrower (the "Payor") prior to the date on which such Bank is to make payment to the Agent of the proceeds of a Revolving Loans Loan to be made by it hereunder or any Borrower is to make a payment to the Agent for the account of one or more of the Banks, as the case may be (such payment being herein called the "Required Payment"), which notice shall be effective upon receipt, that the Payor does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient on such date and, if the Payor has not in fact made the Required Payment to the Agent, the recipient of such payment shall, on demand, pay to the Agent the amount made available to it together with interest thereon in respect of the period commencing on the date such amount was made available by the Agent until the date the Agent recovers such amount at the rate applicable to such portion of the applicable Revolving Loan.

Non-Receipt of Funds by the Agent. Unless the Agent shall have --------------------------------- been notified by a Bank or the Borrowers (the "Payor") prior to the date on which such Bank is to make payment to the Agent of the proceeds of a Revolving Loans Loan to be made by it hereunder or any Borrower the Borrowers is to make a payment to the Agent for the account of one or more of the Banks, as the case may be (such payment being herein called the "Required Payment"), which notice shall be effective upon receipt, that the Payor does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient on such date and, if the Payor has not in fact made the Required Payment to the Agent, the recipient of such payment shall, on demand, pay to the Agent the amount made available to it together with interest thereon in respect of the period commencing on the date such amount was made available by the Agent until the date the Agent recovers such amount at the rate applicable to such portion of the applicable Revolving Loan.

Non-Receipt of Funds by the Agent. Unless the Agent shall have been notified by a Bank Lender or Borrowers the Borrower (the "“Payor"”) prior to the date on which such Bank Lender is to make payment to the Agent of the proceeds of a Revolving Loans Loan to be made by it hereunder or any Borrower is to make a payment to the Agent for the account of one or more of the BanksLenders, as the case may be (such payment being herein called the "“Required Payment"”), which notice shall be effective upon receipt, that the Payor does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient on such date and, if the Payor has not in fact made the Required Payment to the Agent, the recipient of such payment shall, on demand, pay to the Agent the amount made available to it together with interest thereon in respect of the period commencing on the date such amount was made available by the Agent until the date the Agent recovers such amount at the rate applicable to such portion of the applicable Revolving Loan.

Non-Receipt of Funds by the Agent. Unless the Agent shall have been notified by a Bank or Borrowers a Borrower (the "“Payor"”) prior to the date on which such Bank is to make payment to the Agent of the proceeds of a Revolving Loans Loan to be made by it hereunder or any Borrower is the Borrowers are to make a payment to the Agent for the account of one or more of the Banks, as the case may be (such payment being herein called the "“Required Payment"”), which notice shall be effective upon receipt, that the Payor does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient on such date and, if the Payor has not in fact made the Required Payment to the Agent, the recipient of such payment shall, on demand, pay repay to the Agent the amount made available to it together with interest thereon in respect of each day during the period commencing on the date such amount was so made available by the Agent until the date the Agent recovers such amount at a rate per annum equal to the Federal Funds Rate for such day (when the recipient is a Bank) or equal to the rate of interest applicable to such portion of Loan (when the applicable Revolving Loanrecipient is a Borrower).

Non-Receipt of Funds by the Agent. Unless the Agent shall have --------------------------------- been notified by a Bank or Borrowers (the "Payor") prior to the date on which such Bank is Borrowers are scheduled to make payment to the Agent of the proceeds of a Revolving Loans to be made by it hereunder or any Borrower is to make a payment to the Agent for the account of one or more of the Banks, as the case may be Lenders hereunder (such payment being herein called the "Required Payment"), which notice shall be effective upon receipt, that the Payor does Borrowers do not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient recipient(s) on such date and, if the Payor has Borrowers have not in fact made the Required Payment to the Agent, the recipient recipient(s) of such payment shall, on demand, pay repay to the Agent the amount so made available to it together with interest thereon in respect of each day during the period commencing on the date such amount was so made available by the Agent until the date the Agent recovers such amount at a rate per annum equal to the rate applicable to Federal Funds Rate for such portion of the applicable Revolving Loanday.

Non-Receipt of Funds by the Agent. Unless the Agent shall have --------------------------------- been notified by a Bank Lender or the Borrowers (the "Payor") prior to the date on which such Bank Lender is to make payment to the Agent of the proceeds of a Revolving Loans Loan to be made by it hereunder or any Borrower is the Borrowers are to make a payment to the Agent for the account of one or more of the BanksLenders, as the case may be (such payment being herein called the "Required Payment"), which notice shall be effective upon receipt, that the Payor does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient on such date and, if the Payor has not in fact made the Required Payment to the Agent, the recipient of such payment shall, on demand, pay to the Agent the amount made available to it together with interest thereon in respect of the period commencing on the date such amount was made available by the Agent until the date the Agent recovers such amount at the rate applicable to such portion of the applicable Revolving Loan.

Non-Receipt of Funds by the Agent. Unless the Agent shall have been notified by a Bank or Borrowers the Borrower (the "PayorPAYOR") prior to the date on which such Bank is to make payment to the Agent of the proceeds of a Revolving Loans Loan to be made by it hereunder or any the Borrower is to make a payment to the Agent for the account of one or more of the Banks, as the case may be (such payment being herein called the "Required PaymentREQUIRED PAYMENT"), which notice shall be effective upon receipt, that the Payor does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient on such date and, if the Payor has not in fact made the Required Payment to the Agent, the recipient of such payment shall, on demand, pay repay to the Agent the amount made available to it together with interest thereon in respect of each day during the period commencing on the date such amount was so made available by the Agent until the date the Agent recovers such amount at a rate per annum equal to the Federal Funds Rate for such day (when the recipient is a Bank) or equal to the rate of interest applicable to such portion of Loan (when the applicable Revolving Loanrecipient is the Borrower).

Non-Receipt of Funds by the Agent. Unless the Agent shall have been notified by a Bank or Borrowers the Borrower (the "“Payor"”) prior to the date on which such Bank is to make payment to the Agent of the proceeds of a Revolving Loans Revolver Loan to be made by it hereunder or any the Borrower is to make a payment to the Agent for the account of one or more of the Banks, as the case may be (such payment being herein called the "“Required Payment"”), which notice shall be effective upon receipt, that the Payor does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient on such date and, if the Payor has not in fact made the Required Payment to the Agent, the recipient of such payment shall, on demand, pay to the Agent the amount made available to it together with interest thereon in respect of the period commencing on the date such amount was so made available by the Agent until the date the Agent recovers such amount at a rate per annum equal to the rate applicable to Federal Funds Rate for such portion of the applicable Revolving Loanperiod.

Non-Receipt of Funds by the Agent. Unless the Agent shall have been notified by a Bank Lender or Borrowers the Borrower (the "Payor") prior to the date on which such Bank Lender is to make payment to the Agent of the proceeds of a Revolving Loans Loan to be made by it hereunder or any the Borrower is to make a payment to the Agent for the account of one or more of the BanksLenders, as the case may be (such payment being herein called the "Required Payment"), which notice shall be effective upon receipt, that the Payor does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient on such date and, if the Payor has not in fact made the Required Payment to the Agent, the recipient of such payment shall, on demand, pay to the Agent the amount made available to it by the Agent together with interest thereon in respect of the period commencing on the date such amount was so made available by the Agent until the date the Agent recovers such amount at a rate per annum equal to the rate applicable to Federal Funds Rate for such portion of period or (if the applicable Revolving Loanrecipient is the Borrower) the Base Rate (as defined in the Interest Rate Agreement).

Non-Receipt of Funds by the Agent. Unless the Agent shall have been notified by a Bank Lender or Borrowers Borrower (the "Payor") prior to the date on which such Bank the Payor is scheduled to make payment to the Agent of (in the case of a Lender) the proceeds of a Revolving Loans Loan to be made by it hereunder or any Borrower is to make (in the case of Borrower) a payment to the Agent for the account of one or more of the Banks, as the case may be Lenders hereunder (such payment being herein called the "Required Payment"), which notice shall be effective upon receipt, that the Payor does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient recipient(s) on such date and, if the Payor has not in fact made the Required Payment to the Agent, the recipient recipient(s) of such payment Payment shall, on demand, pay repay to the Agent the amount made available to it together with interest thereon in respect of the period commencing on the date such amount was made available by the Agent until the date the Agent recovers such amount at the rate applicable to such portion of the applicable Revolving Loan.the

Non-Receipt of Funds by the Agent. Unless the Agent shall have been notified by a Bank or Borrowers the Borrower (the "Payor") prior to the date on which such Bank is to make payment to the Agent of the proceeds of a Revolving Loans an Advance to be made by it hereunder or any the Borrower is to make a payment to the Agent for the account of one or more of the Banks, as the case may be (such payment being herein called the "Required Payment"), which notice shall be effective upon receipt, that the Payor does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient on such date and, if the Payor has not in fact made the Required Payment to the Agent, the recipient of such payment shall, on demand, pay to the Agent the amount made available to it together with interest thereon in respect of the period commencing on the date such amount was so made available by the Agent until the date the Agent recovers such amount at a rate per annum equal to the rate applicable to Federal Funds Rate for such portion of the applicable Revolving Loanperiod.

Non-Receipt of Funds by the Agent. Unless the Agent shall have been notified by a Bank or Borrowers Borrower (the "Payor") prior to the date on which such Bank is to make payment to the Agent of the proceeds of a Revolving Loans Loan to be made by it hereunder or any Borrower is to make a payment to the Agent for the account of one or more of the Banks, as the case may be (such payment being herein called the "Required Payment"), which notice shall be effective upon receipt, that the Payor does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient on such date and, if the Payor has not in fact made the Required Payment to the Agent, the recipient of such payment shall, on demand, pay to the Agent the amount made available to it together with interest thereon in respect of the period commencing on the date such amount was so made available by the Agent until the date the Agent recovers such amount at a rate per annum equal to the rate applicable to Alternate Base Rate plus the Applicable Margin (or, if the recipient of such portion payment is a Bank or an Issuing Bank, the Federal Funds Rate) for such period, but in no event in excess of the maximum nonusurious rate permitted by applicable Revolving Loanlaw.

Non-Receipt of Funds by the Agent. Unless the Agent shall have been notified by a Bank or the Borrowers (the "Payor") prior to the date on which such Bank is to make payment to the Agent of the proceeds of a Revolving Loans Loan to be made by it hereunder or any Borrower is the Borrowers are to make a payment to the Agent for the account of one or more of the Banks, as the case may be (such payment being herein called the "Required Payment"), which notice shall be effective upon receipt, that the Payor does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient on such date and, if the Payor has not in fact made the Required Payment to the Agent, the recipient of such payment shall, on demand, pay repay to the Agent the amount made available to it together with interest thereon in respect of each day during the period commencing on the date such amount was so made available by the Agent until the date the Agent recovers such amount at a rate per annum equal to the Federal Funds Rate for such day (when the recipient is a Bank) or equal to the Federal Funds Rate for the first three Business Days after receipt and thereafter the rate of interest applicable to such portion of Loan (when the applicable Revolving Loanrecipient is a Borrower).

Non-Receipt of Funds by the Agent. Unless the Agent shall have been notified by a Bank Lender or Borrowers (the "Payor") Borrower prior to the date on which such Bank notifying party is scheduled to make payment to the Agent (in the case of a Lender) of the proceeds of a Revolving Loans Loan to be made by it hereunder or any Borrower is to make (in the case of the Borrower) a payment to the Agent for the account of one or more of the Banks, as the case may be Lenders hereunder (such payment being herein called the "Required Payment"), which notice shall be effective upon receipt, that the Payor it does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient recipient(s) on such date and, if such Lender or the Payor Borrower (as the case may be) has not in fact made the Required Payment to the Agent, the recipient recipient(s) of such payment shall, on demand, pay repay to the Agent the amount so made available to it together with interest thereon in respect of each day during the period commencing on the date such amount was so made available by the Agent until but excluding the date the Agent recovers such amount at a rate per annum which, for any Lender as recipient, will be equal to the rate applicable Federal Funds Rate, and for the Borrower as recipient, will be equal to such portion of the applicable Revolving LoanBase Rate plus Applicable Margin.

Non-Receipt of Funds by the Agent. Unless the Agent shall have been notified by a Bank or Borrowers (the "Payor") prior to the date on which such Bank is to make payment to the Agent of the proceeds of a Revolving Loans to be made by it hereunder or any Borrower Borrowers is to make a payment to the Agent for the account of one or more of the Banks, as the case may be (such payment being herein called the "Required Payment"), which notice shall be effective upon receipt, that the Payor does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient on such date and, if the Payor has not in fact made the Required Payment to the Agent, the recipient of such payment shall, on demand, pay to the Agent the amount made available to it together with interest thereon in respect of the period commencing on the date such amount was made available by the Agent until the date the Agent recovers such amount at the rate applicable to such portion of the applicable Revolving Loan.

Non-Receipt of Funds by the Agent. Unless the Agent shall have been notified by a Bank Lender or Borrowers the Borrower (the "“Payor"”) prior to the date on which such Bank Lender is to make payment to the Agent of the proceeds of a Revolving Loans Loan to be made by it hereunder or any the Borrower is to make a payment to the Agent for the account of one or more of the BanksLenders, as the case may be (such payment being herein called the "“Required Payment"”), which notice shall be effective upon receipt, that the Payor does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient on such date and, if the Payor has not in fact made the Required Payment to the Agent, the recipient of such payment shall, on demand, pay to the Agent the amount made available to it by the Agent together with interest thereon in respect of the period commencing on the date such amount was so made available by the Agent until the date the Agent recovers such amount at a rate per annum equal to (a) the rate applicable to Base Rate for such portion of period plus the applicable Revolving LoanApplicable Margin if the recipient returning a Required Payment is the Borrower, or (b) the Federal Funds Effective Rate for such period if the recipient returning a Required Payment is the Agent or a Lender.

Non-Receipt of Funds by the Agent. Unless the Agent shall have --------------------------------- been notified by a Bank Lender or Borrowers the Borrower (the "Payor") prior to the date on ----- which such Bank Lender is to make payment to the Agent of the proceeds of a Revolving Loans Loan to be made by it hereunder or any the Borrower is to make a payment to the Agent for the account of one or more of the BanksLenders, as the case may be (such payment being herein called the "Required Payment"), which notice shall be effective upon receipt, that the ----------------- Payor does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient on such date and, if the Payor has not in fact made the Required Payment to the Agent, the recipient of such payment shall, on demand, pay to the Agent the amount made available to it together with interest thereon in respect of the period commencing on the date such amount was so made available by the Agent until the date the Agent recovers such amount at a rate per annum equal to the rate applicable to Federal Funds Rate for such portion of the applicable Revolving Loanperiod.

Non-Receipt of Funds by the Agent. Unless the Agent shall have been notified by a Bank or Borrowers the Borrower (the "Payor") prior to the date on which such Bank is to make payment to the Agent of the proceeds of a Revolving Loans an Advance to be made by it hereunder or any the Borrower is to make a payment to the Agent for the account of one or more of the Banks, as the case may be (such payment being herein called the "Required Payment"), which notice shall be effective upon receipt, that the Payor does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient on such date and, if the Payor has not in fact made the Required Payment to the Agent, the recipient of such payment shall, on demand, pay to the Agent the amount made available to it together with interest thereon in respect of the period commencing on the date such amount was so made available by the Agent until the date the Agent recovers such amount at a rate per annum equal to (i) the rate applicable to Federal Funds Effective Rate for such portion of period if the applicable Revolving LoanBorrower was the Payor or (ii) the Applicable Rate for such Period in accordance with Section 2.4 hereof (without duplication) if a Bank was the Payor.

Non-Receipt of Funds by the Agent. Unless the Agent shall have been notified by a Bank or Borrowers the applicable BORROWER (the "Payor") prior to the date on which such Bank is to make payment to the Agent of the proceeds of a Revolving Loans Loan to be made by it hereunder or any Borrower such BORROWER is to make a payment to the Agent for the account of one or more of the Banks, as the case may be (such payment being herein called the "Required Payment"), which notice shall be effective upon receipt, that the Payor does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient on such date and, if the Payor has not in fact made the Required Payment to the Agent, the recipient of such payment shall, on demand, pay to the Agent the amount made available to it together with interest thereon in respect of the period commencing on the date such amount was so made available by the Agent until the date the Agent recovers such amount at a rate per annum equal to the rate applicable to Federal Funds Rate for such portion of the applicable Revolving Loanperiod.

Non-Receipt of Funds by the Agent. Unless the Agent shall have been notified by a Bank Lender or Borrowers the Borrower (the "Payor") prior to the date on which such Bank Lender is to make payment to the Agent of the proceeds of a Revolving Loans Loan to be made by it hereunder or any the Borrower is to make a payment to the Agent for the account of one or more of the BanksLenders, as the case may be (such payment being herein called the "Required Payment"), which notice shall be effective upon receipt, that the Payor does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient on such date and, if the Payor has not in fact made the Required Payment to the Agent, the recipient of such payment shall, on demand, pay to the Agent the amount made available to it by the Agent together with interest thereon in respect of the period commencing on the date such amount was so made available by the Agent until the date the Agent recovers such amount at a rate per annum equal to (a) the rate applicable to Past Due Rate for such portion of period if the applicable Revolving Loan.recipient returning a Required Payment is the Borrower, or (b) the Federal Funds Effective Rate for such period if the recipient returning a Required Payment is the Agent or a Lender. 2.5

Non-Receipt of Funds by the Agent. Unless the Agent shall have been notified by a Bank or Borrowers a Borrower (the "PayorPAYOR") prior to the date on which such Bank is to make payment to the Agent of the proceeds of a Revolving Loans Loan to be made by it hereunder or any such Borrower is to make a payment to the Agent for the account of one or more of the Banks, as the case may be (such payment being herein called the "Required PaymentREQUIRED PAYMENT"), which notice shall be effective upon receipt, that the Payor does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient on such date and, if the Payor has not in fact made the Required Payment to the Agent, the recipient of such payment shall, on demand, pay to the Agent the amount made available to it together with interest thereon in respect of the period commencing on the date such amount was so made available by the Agent until the date the Agent recovers such amount at a rate per annum equal to the rate applicable to Alternate Base Rate plus the Applicable Margin (or, if the recipient of such portion of payment is a Bank or an Issuing Bank, the applicable Revolving LoanFederal Funds Rate) for such period.

Non-Receipt of Funds by the Agent. Unless the Agent shall have been notified by a Bank or the Borrowers (either one as appropriate being the "Payor") prior to the date on which such Bank is to make payment hereunder to the Agent of the proceeds of a Revolving Loans to be made by it hereunder Loan or any Borrower is the Borrowers are to make a payment to the Agent for the account of one or more of the BanksAgent, as the case may be (either such payment being herein called the a "Required Payment"), which notice shall be effective upon receipt, that the Payor does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient on such date and, if the Payor has not in fact made the Required Payment to the Agent, the recipient of such payment (and, if such recipient is the Borrower and the Payor Bank fails to pay the amount thereof to the Agent forthwith upon demand, the Borrower) shall, on demand, pay repay to the Agent the amount made available to it together with interest thereon in respect of the period commencing on the date such amount was made available by the Agent until the date the Agent recovers such amount at the rate applicable to such portion of the applicable Revolving Loan.together

Non-Receipt of Funds by the Agent. Unless the Agent shall have been notified by a Bank or the Borrowers (the "PayorPAYOR") prior to the date on which such Bank is to make payment to the Agent of the proceeds of a Revolving Loans Loan to be made by it hereunder or any Borrower is the Borrowers are to make a payment to the Agent for the account of one or more of the Banks, as the case may be (such payment being herein called the "Required PaymentREQUIRED PAYMENT"), which notice shall be effective upon receipt, that the Payor does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient on such date and, if the Payor has not in fact made the Required Payment to the Agent, the recipient of such payment shall, on demand, pay repay to the Agent the amount made available to it together with interest thereon in respect of each day during the period commencing on the date such amount was so made available by the Agent until the date the Agent recovers such amount at a rate per annum equal (i) when the recipient is a Bank, the Federal Funds Rate for such day for amounts denominated in or calculated with reference to Dollars, and the applicable LIBOR Base Rate for amounts denominated in or calculated with reference to an Alternative Currency, or (ii) the rate of interest applicable to such portion of Loan (when the applicable Revolving Loanrecipient is a Borrower).

Non-Receipt of Funds by the Agent. Unless the Agent shall have been notified by a Bank or the Borrowers (the "Payor") prior to the date on which such Bank is to make payment to the Agent of the proceeds of a Revolving Loans Loan to be made by it hereunder or any Borrower is the Borrowers are to make a payment to the Agent for the account of one or more of the Banks, as the case may be (such payment being herein called the "Required Payment"), which notice shall be effective upon receipt, that the Payor does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient on such date and, if the Payor has not in fact made the Required Payment to the Agent, the recipient of such payment shall, on demand, pay to the Agent the amount made available to it together with interest thereon in respect of the period commencing on the date such amount was made available by the Agent until the date the Agent recovers such amount at the rate applicable to such portion of the applicable Revolving Loanovernight federal funds rate.

Non-Receipt of Funds by the Agent. Unless the Agent shall have --------------------------------- been notified by a Bank or the Borrowers (the "Payor") prior to the date on which such Bank is to make payment to the Agent of the proceeds of a Revolving Loans Loan to be made by it hereunder or any Borrower is the Borrowers are to make a payment to the Agent for the account of one or more of the Banks, as the case may be (such payment being herein called the "Required Payment"), which notice shall be effective upon receipt, that the Payor does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient on such date and, if the Payor has not in fact made the Required Payment to the Agent, the recipient of such payment shall, on demand, pay to the Agent the amount made available to it together with interest thereon in respect of the period commencing on the date such amount was made available by the Agent until the date the Agent recovers such amount at the rate applicable to such portion of the applicable Revolving Loan.

Non-Receipt of Funds by the Agent. Unless the Agent shall have been notified by a Bank or Borrowers (the "Payor") Borrower prior to the date on which such Bank is to make payment to the Agent of the proceeds of a Revolving Loans to be made by it hereunder or any Borrower is to make a payment to the Agent for the account of one or more of the BanksLenders, as the case may be (such payment being herein called the "Required Payment"), which notice shall be effective upon receipt, that the Payor Borrower does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient on such date and, if the Payor Borrower has not in fact made the Required Payment to the Agent, the recipient of such payment shall, on demand, pay to the Agent the amount made available to it by the Agent together with interest thereon in respect of the period commencing on the date such amount was so made available by the Agent until the date the Agent recovers such amount at a rate per annum equal to (a) the rate applicable to Past Due Rate for such portion of period if the applicable Revolving Loanrecipient returning a Required Payment is the Borrower, or (b) the Federal Funds Effective Rate for such period if the recipient returning a Required Payment is the Agent or a Lender.

Non-Receipt of Funds by the Agent. Unless the Agent shall have been notified by a Bank or Borrowers the Borrower (the "“Payor"”) prior to the date on which such Bank is to make payment to the Agent of the proceeds of a Revolving Loans to be made by it hereunder or any the Borrower is to make a payment to the Agent for the account of one or more of the Banks, as the case may be (such payment being herein called the "“Required Payment"”), which notice shall be effective upon receipt, that the Payor does not intend to make the Required Payment to the Agent, the Agent may assume that the Required Payment has been made and may, in reliance upon such assumption (but shall not be required to), make the amount thereof available to the intended recipient on such date and, if the Payor has not in fact made the Required Payment to the Agent, (a) the recipient of such payment shall, on demand, pay to the Agent the amount made available to it together with interest thereon in respect of the period commencing on the date such amount was so made available by the Agent until the date the Agent recovers such amount at a rate per annum equal to the Federal Funds Rate, or if the Payor is the Borrower at the applicable interest rate applicable hereunder, for such period, and (b) the Agent shall be entitled to offset against any and all sums to be paid to such portion of recipient, the applicable Revolving Loanamount calculated in accordance with the foregoing clause (a).

Non-Receipt of Funds by the Agent. Unless the Agent shall have been notified by a Bank or the Borrowers (the "Payor") prior to the date on which such Bank it is scheduled to make payment to the Agent of (in the case of a Bank) the proceeds of a Revolving Loans Loan to be made by it hereunder or any Borrower is to make (in the case of the Borrowers) a payment to the Agent for the account of one or more of the Banks, as the case may be Banks hereunder (such payment being herein called the "Required PaymentREQUIRED PAYMENT"), which notice shall be effective upon receiptreceipt by the Agent, that the Payor it does not intend to make the Required Payment to the Agent, the Agent may may; assume that the Required Payment has been made and may, in reliance upon on such assumption (but shall not be required to), make the amount thereof available to the intended recipient recipient(s) on such date and, if such Bank has not, or the Payor has not Borrowers (as the case may be) have not, in fact made the Required Payment to the AgentAgent by the close of business on the date due, the recipient recipient(s) of such payment shall, on demand, pay repay to the Agent the amount so made available to it together with interest thereon in respect of each day during the period commencing on and including the date such amount was so made available by the Agent until the date the Agent recovers such amount at a rate per annum equal to (i) in the rate applicable to such portion case of the applicable Revolving LoanBorrowers, the Corporate Base Rate, and (ii) in the case of a Bank, the Agent's cost of overnight funds, in each case for each day such amount was made available by the Agent.