Advance Funding. Unless the Administrative Agent shall have been notified by any Lender of a Class prior to the date of a Borrowing of such Class that such Lender does not intend to make available to the Administrative Agent its portion of the Class of Borrowing or Borrowings to be made on such date, the Administrative Agent may assume that such Lender has made such amount available to the Administrative Agent on such date of Borrowing, and the Administrative Agent, in reliance upon such assumption, may (in its sole discretion and without any obligation to do so) make available to the Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Lender and the Administrative Agent has made the same available to the Borrower, the Administrative Agent shall be entitled to recover such corresponding amount from such Lender. If such Lender does not pay such corresponding amount forthwith upon the Administrative Agent’s demand therefor, the Administrative Agent shall promptly notify the Borrower, and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover from such Lender or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Administrative Agent to the Borrower to the date such corresponding amount is recovered by the Administrative Agent at a rate per annum equal to # if paid by such Lender, the overnight Federal Funds Effective Rate or # if paid by the Borrower, the then applicable rate of interest, calculated in accordance with [Section 2.09], for the respective Class of Loans (but without any requirement to pay any amounts in respect thereof pursuant to [Section 3.02]).
Unless the Administrative Agent shall have been notified by anyreceived notice from a Lender of a Class prior to the proposed date of aany Borrowing of such Class that such Lender doeswill not intend to make available to the Administrative Agent its portionsuch Lender's share of the Class of Borrowing or Borrowings to be made on such date,Borrowing, the Administrative Agent may assume that such Lender has made such amountshare available on such date in accordance with paragraph # of this Section and may, in reliance on such assumption and in its sole discretion, make available to a Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable Borrowing available to the Administrative Agent on such date of Borrowing, andAgent, then the Administrative Agent, in reliance upon such assumption, may (in its sole discretion and without any obligationapplicable Lender agrees to do so) make available to the Borrower a corresponding amount. If such corresponding amount is not in fact made availablepay to the Administrative Agent byan amount equal to such Lender andshare on demand of the Administrative Agent has made the same available to the Borrower, the Administrative Agent shall be entitled to recover such corresponding amount from such Lender.Agent. If such Lender does not pay such corresponding amount forthwith upon demand of the Administrative Agent’s demandAgent therefor, the Administrative Agent shall promptly notify the applicable Borrower, and the applicable Borrower shall immediatelyagrees to pay such corresponding amount to the Administrative Agent.Agent forthwith on demand. The Administrative Agent shall also be entitled to recover from such Lender or the Borrower, as the case may be,applicable Borrower interest on such corresponding amount in respect ofamount, for each day from and including the date such corresponding amount wasis made available to the applicable Borrower to but excluding the date of payment to the Administrative Agent, at # in the case of such Lender, if such Borrowing is denominated in dollars, 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, the rate reasonably determined by the Administrative Agent to the Borrower to the datebe its cost of funding such corresponding amount is recovered by the Administrative Agent at a rate per annum equal to # if paid by such Lender, the overnight Federal Funds Effective Rateamount, or # if paid byin the case of such Borrower, the theninterest rate applicable rate of interest, calculatedto such Borrowing in accordance with [Section 2.09], for13]. If such Lender pays such amount to the respective Class of Loans (but without any requirement to pay any amountsAdministrative Agent, then such amount shall constitute such Lender's Loan included in respect thereof pursuant to [Section 3.02]).such Borrowing.
Unless the Administrative Agent shall have been notified by anyreceived written notice from a Lender of a Class prior to the date of aany Borrowing of such Class that such Lender doeswill not intend to make available to the Administrative Agent itssuch Lender’s portion of the Class of Borrowing or Borrowings to be made on such date,Borrowing, the Administrative Agent may assume that such Lender has made such amountportion available to the Administrative Agent on suchthe date of Borrowing,such Borrowing in accordance with paragraph (c) above, and the Administrative Agent,Agent may (but shall not be obligated to), in reliance upon such assumption, may (in its sole discretion and without any obligation to do so) make available to the Borrower on such date a corresponding amount. If the Administrative Agent shall have so made funds available, then, to the extent that such corresponding amount isLender shall not in facthave made such portion available to the Administrative Agent byAgent, each of such Lender and the Administrative Agent has made the same availableBorrower severally agrees to the Borrower,repay to the Administrative Agent shall be entitled to recoverforthwith on demand such corresponding amount from such Lender. If such Lender does not pay such corresponding amount forthwith upon the Administrative Agent’s demand therefor, the Administrative Agent shall promptly notify the Borrower, and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover from such Lender or the Borrower, as the case may be,together with interest on such corresponding amount in respect ofthereon, for each day from the date such corresponding amount wasis made available to the Borrower until the date such amount is repaid to the Administrative Agent at # in the case of such Lender, the greater of the Federal Funds Effective Rate and a rate determined by the Administrative Agent in accordance with banking industry rules or practices on interbank compensation, and # in the case of the Borrower, the interest rate applicable to the Borrowing pursuant to which the Borrower received such funds. If such Lender shall repay to the dateAdministrative Agent such corresponding amount, such amount shall constitute such Lender’s Loan as part of such Borrowing for purposes of this Agreement, and the Borrower’s obligation to repay the Administrative Agent such corresponding amount is recovered by the Administrative Agent at a rate per annum equal to # if paid by such Lender, the overnight Federal Funds Effective Rate or # if paid by the Borrower, the then applicable rate of interest, calculated in accordance with [Section 2.09], for the respective Class of Loans (but without any requirement to pay any amounts in respect thereof pursuant to [Section 3.02]).this Section 2.02(d) shall cease.
Unless the Administrative Agent shall have been notified by anyreceived notice from a Lender of a Class prior to the dateproposed time of aany Borrowing of such Class that such Lender doeswill not intend to make available to the Administrative Agent its portionsuch Lender’s share of the Class of Borrowing or Borrowings to be made on such date,Borrowing, the Administrative Agent may assume that such Lender has made such amountshare available to the Administrative Agent on such date in accordance with paragraph # of Borrowing,this Section and the Administrative Agent,may, in reliance upon such assumption, may (in its sole discretion and without any obligation to do so) make available to the Borrower a corresponding amount. IfIn such corresponding amount isevent, if a Lender has not in fact made its share of the applicable Borrowing available to the Administrative Agent by such Lender and the Administrative Agent has made the same available to the Borrower,Agent, then # the Administrative Agent shall be entitlednotify the of such inaction promptly following the Administrative Agent’s discovery of such inaction and # the applicable Lender and the severally agree to recoverpay to the Administrative Agent forthwith on demand such corresponding amount with interest thereon, for each day from and including the date such Lender.amount is made available to the to but excluding the date of payment to the Administrative Agent, at # in the case of such Lender, the Federal Funds Effective Rate (or, in the case of Eurodollar Loans or EURIBOR Loans, such other customary overnight rate as shall be specified by the Administrative Agent) or # in the case of the , the interest rate applicable to such Loans. If such Lender does not paypays such corresponding amount forthwith upon the Administrative Agent’s demand therefor, the Administrative Agent shall promptly notify the Borrower, and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative AgentAgent, then such amount shall also be entitled to recover fromconstitute such Lender or the Borrower, as the case may be, interest onLender’s Loan included in such corresponding amount in respect of each day from the date such corresponding amount was made available by the Administrative Agent to the Borrower to the date such corresponding amount is recovered by the Administrative Agent at a rate per annum equal to # if paid by such Lender, the overnight Federal Funds Effective Rate or # if paid by the Borrower, the then applicable rate of interest, calculated in accordance with [Section 2.09], for the respective Class of Loans (but without any requirement to pay any amounts in respect thereof pursuant to [Section 3.02]).Borrowing.
Funding by Lenders; Presumption by Administrative Agent. Unless the Administrative Agent shall have been notified by anyreceived notice from a Lender of a Class prior to the proposed date of aany Borrowing of such Class that such Lender doeswill not intend to make available to the Administrative Agent its portionsuch Lender’s share of the Class of Borrowing or Borrowings to be made on such date,Borrowing, the Administrative Agent may assume that such Lender has made such amountshare available to the Administrative Agent on such date of Borrowing,in accordance with [Section 2.02] and the Administrative Agent,may, in reliance upon such assumption, may (in its sole discretion and without any obligation to do so) make available to the Borrower a corresponding amount. IfIn such corresponding amount isevent, if a Lender has not in fact made its share of the applicable Borrowing available to the Administrative Agent by suchAgent, then the applicable Lender and the Borrower severally agree to pay to the Administrative Agent hasforthwith on demand such corresponding amount with interest thereon, for each day from and including the date such amount is made the same available to the Borrower,Borrower to but excluding the Administrative Agent shall be entitled to recover such corresponding amount from such Lender. If such Lender does not pay such corresponding amount forthwith upon the Administrative Agent’s demand therefor, the Administrative Agent shall promptly notify the Borrower, and the Borrower shall immediately pay such corresponding amountdate of payment to the Administrative Agent. The Administrative Agent shall also be entitled to recover from such Lender or the Borrower, asAgent, at # in the case may be, interest onof a payment to be made by such corresponding amount in respectLender, the greater of each day from the date such corresponding amount was made availableFederal Funds Rate and a rate determined by the Administrative Agent to the Borrower to the date such corresponding amount is recovered by the Administrative Agent at a rate per annum equal to # if paid by such Lender, the overnight Federal Funds Effective Rate or # if paid by the Borrower, the then applicable rate of interest, calculated in accordance with [Section 2.09], for the respective Class of Loans (but without any requirement to pay any amounts in respect thereof pursuant to [Section 3.02]).banking industry rules
Unless the Administrative Agent shall have been notified by any Lender of a Classprior to one (1) Business Day prior to the date of a Borrowing ofin which such ClassLender is to participate that such Lender doeswill not intend to make available to the Administrative Agent its portionsuch Lender’s share of the Class of Borrowing or Borrowings to be made on such date,Borrowing, the Administrative Agent may assume that such Lender has made such amount available to the Administrative Agent on such date of Borrowing,date, and the Administrative Agent, in reliance uponon such assumption, may (in its sole discretion and without any obligation to do so) make available to the Borrower on such date a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Lender andon the Administrative Agent has made the same available to the Borrower,date of such Borrowing, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Lender.Lender together with interest # at the Federal Funds Rate until the second Business Day after such demand and # at the Base Rate at all times thereafter. If such Lender does not pay such corresponding amount forthwith upon the Administrative Agent’s demand therefor, the Administrative Agent shall promptly notify the Borrower, and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent together with interest at the rate specified for such Borrowing. Nothing in this subsection shall also be entitleddeemed to recoverrelieve any Lender from its obligation to fund its Pro Rata Share of any Borrowing hereunder or to prejudice any rights which the Borrower may have against any Lender as a result of any default by such Lender or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Administrative Agent to the Borrower to the date such corresponding amount is recovered by the Administrative Agent at a rate per annum equal to # if paid by such Lender, the overnight Federal Funds Effective Rate or # if paid by the Borrower, the then applicable rate of interest, calculated in accordance with [Section 2.09], for the respective Class of Loans (but without any requirement to pay any amounts in respect thereof pursuant to [Section 3.02]).hereunder.
Unless the Administrative Agent shall have been notified by anyreceived notice from a Lender of a Class prior to the proposed date of aany Borrowing (or, in the case of any Borrowing of ABR Loans, prior to , New York City time, on the date of such ClassBorrowing) that such Lender doeswill not intend to make available to the Administrative Agent its portionsuch Lenders share of the Class of Borrowing or Borrowings to be made on such date,Borrowing, the Administrative Agent may assume that such Lender has made such amountshare available to the Administrative Agent on such date in accordance with paragraph # of Borrowing,this Section and the Administrative Agent,may, in reliance upon such assumption, may (in its sole discretion and without any obligation to do so) make available to the Borrower a corresponding amount. IfIn such corresponding amount isevent, if a Lender has not in fact made its share of the applicable Borrowing available to the Administrative Agent by suchAgent, then the applicable Lender and the Borrower severally agree to pay to the Administrative Agent hasforthwith on demand such corresponding amount with interest thereon, for each day from and including the date such amount is made the same available to the Borrower,Borrower to but excluding the date of payment to the Administrative Agent, at # in the case of such Lender, the greater of the Federal Funds Effective Rate and a rate determined by the Administrative Agent shall be entitledin accordance with banking industry rules on interbank compensation or # in the case of the Borrower, the interest rate applicable to recoverthe Loans comprising such corresponding amount from such Lender.Borrowing. If the Borrower and such Lender does notshall pay such corresponding amount forthwith uponinterest to the Administrative Agent’s demand therefor,Agent for the same or an overlapping period, the Administrative Agent shall promptly notifyremit to the Borrower, andBorrower the amount of such interest paid by the Borrower for such period. If such Lender pays its share of the applicable Borrowing to the Administrative Agent, then the amount so paid shall constitute such Lenders Loan included in such Borrowing. Any payment by the Borrower shall immediately paybe without prejudice to any claim the Borrower may have against a Lender that shall have failed to make such corresponding amountpayment to the Administrative Agent. The Administrative Agent shall also be entitled to recover from such Lender or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Administrative Agent to the Borrower to the date such corresponding amount is recovered by the Administrative Agent at a rate per annum equal to # if paid by such Lender, the overnight Federal Funds Effective Rate or # if paid by the Borrower, the then applicable rate of interest, calculated in accordance with [Section 2.09], for the respective Class of Loans (but without any requirement to pay any amounts in respect thereof pursuant to [Section 3.02]).
Unless the Administrative Agent shall have been notified in writing by any Lender of a Class prior to the date of a Borrowing of such Classborrowing that such Lender doeswill not intend to make the amount that would constitute its share of such borrowing available to the Administrative Agent its portion of the Class of Borrowing or Borrowings to be made on such date,Agent, the Administrative Agent may assume that such Lender has madeis making such amount available to the Administrative Agent on such date of Borrowing,Agent, and the Administrative Agent,Agent may, in reliance upon such assumption, may (in its sole discretion and without any obligation to do so) make available to the BorrowerCompany a corresponding amount. If such corresponding amount is not made available to the Administrative Agent by the required time on the Borrowing Date therefor, such Lender shall pay to the Administrative Agent, on demand, such amount with interest thereon at a rate up to the greater of # the Federal Funds Effective Rate and # a rate determined by the Administrative Agent in factaccordance with banking industry rules on interbank compensation. A certificate of the Administrative Agent submitted to any Lender with respect to any amounts owing under this paragraph shall be conclusive in the absence of manifest error. If such Lender’s share of such borrowing is not made available to the Administrative Agent by such Lender andwithin three Business Days after such Borrowing Date, the Administrative Agent has made the same available to the Borrower, the Administrative Agent shall be entitled to recover such corresponding amount from such Lender. If such Lender does not pay such corresponding amount forthwith upon the Administrative Agent’s demand therefor, the Administrative Agent shall promptly notify the Borrower, and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover from such Lender oramount with interest thereon at the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Administrative Agent to the Borrower to the date such corresponding amount is recovered by the Administrative Agent at a rate per annum equalapplicable to # if paid by such Lender,ABR Loans, on demand, from the overnight Federal Funds Effective Rate or # if paid by the Borrower, the then applicable rate of interest, calculated in accordance with [Section 2.09], for the respective Class of Loans (but without any requirement to pay any amounts in respect thereof pursuant to [Section 3.02]).Company.
Unless the Administrative Agent shall have been notified in writing by any Lender of a Class prior to the date of a Borrowing of such Classborrowing that such Lender doeswill not intend to make the amount that would constitute its share of such borrowing available to the Administrative Agent its portion of the Class of Borrowing or Borrowings to be made on such date,Agent, the Administrative Agent may assume that such Lender has madeis making such amount available to the Administrative Agent on such date of Borrowing,Agent, and the Administrative Agent,Agent may, in reliance upon such assumption, may (in its sole discretion and without any obligation to do so) make available to the Borrower a corresponding amount. If such corresponding amount is not made available to the Administrative Agent by the required time on the Borrowing Date therefor, such Lender shall pay to the Administrative Agent, on demand, such amount with interest thereon at a rate equal to the greater of # the Federal Funds Rate and # a rate determined by the Administrative Agent in factaccordance with banking industry rules on interbank compensation, for the period until such Lender makes such amount immediately available to the Administrative Agent. A certificate of the Administrative Agent submitted to any Lender with respect to any amounts owing under this [Section 2.18(e)] shall be conclusive in the absence of manifest error. If such Lender’s share of such borrowing is not made available to the Administrative Agent by such Lender andwithin three Business Days of such Borrowing Date, the Administrative Agent has made the same available to the Borrower, the Administrative Agent shall be entitled to recover such corresponding amount from such Lender. If such Lender does not pay such corresponding amount forthwith upon the Administrative Agent’s demand therefor, the Administrative Agent shall promptly notify the Borrower, and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover from such Lender oramount with interest thereon at the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Administrative Agent to the Borrower to the date such corresponding amount is recovered by the Administrative Agent at a rate per annum equalapplicable to # if paid by such Lender,ABR Loans under the overnight Federal Funds Effective Rate or # if paid byrelevant Facility, on demand, from the Borrower, the then applicable rate of interest, calculated in accordance with [Section 2.09], for the respective Class of Loans (but without any requirement to pay any amounts in respect thereof pursuant to [Section 3.02]).and, if so recovered, such amount shall no longer be deemed outstanding hereunder.
Unless the Administrative Agent shall have been notified byreceived notice from a Lender before the time of any Lender of a Class prior to the date of a Borrowing of such Class that such Lender doeswill not intend to make available to the Administrative Agent its portionsuch Lenders share of the Class of Borrowing or Borrowings to be made on such date,Borrowing, the Administrative Agent may assume that such Lender has made such amountshare available to the Administrative Agent on suchthe date of Borrowing,such Borrowing in accordance with [Section 2.04(b)] and the Administrative Agent,Agent may, in reliance upon such assumption, may (in its sole discretion and without any obligation to do so) make available to the Borrower on such date a corresponding amount. If and to the extent that such corresponding amount isLender shall not in facthave so made such share available to the Administrative Agent byAgent, such Lender and the Administrative Agent has made the same availableBorrower severally agree to the Borrower,repay to the Administrative Agent shall be entitled to recoverforthwith on demand such corresponding amount from such Lender. If such Lender does not pay such corresponding amount forthwith upon the Administrative Agent’s demand therefor, the Administrative Agent shall promptly notify the Borrower, and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover from such Lender or the Borrower, as the case may be,together with interest on such corresponding amount in respect ofthereon, for each day from the date such corresponding amount wasis made available by the Administrative Agent to the Borrower tountil the date such corresponding amount is recoveredrepaid to the Administrative Agent, at # if such amount is repaid by the Administrative Agent atBorrower, a rate per annum equal to the higher of the Federal Funds Rate and the interest rate applicable to such Borrowing pursuant to [Section 2.06] and # if paidsuch amount is repaid by such Lender, the overnight Federal Funds Effective Rate or # if paidRate. If such Lender shall repay to the Administrative Agent such corresponding amount, the Borrower shall not be required to repay such amount and the amount so repaid by the Borrower, the then applicable ratesuch Lender shall constitute such Lenders Loan included in such Borrowing for purposes of interest, calculated in accordance with [Section 2.09], for the respective Class of Loans (but without any requirement to pay any amounts in respect thereof pursuant to [Section 3.02]).this Agreement.
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