Advances by Administrative Agent. The Administrative Agent may, -------------------------------- unless notified to the contrary by any Bank prior to a Drawdown Date, assume that such Bank has made available to the Administrative Agent on such Drawdown Date the amount of such Bank's Commitment Percentage of the Revolving Credit Loans to be made on such Drawdown Date, and the Administrative Agent may (but it shall not be required to), in reliance upon such assumption, make available to the Borrowers a corresponding amount. If any Bank makes available to the Administrative Agent such amount on a date after such Drawdown Date, such Bank shall pay to the Administrative Agent on demand an amount equal to the product of (i) the average computed for the period referred to in clause (iii) below, of the weighted average interest rate paid by the Administrative Agent for federal funds acquired by the Administrative Agent during each day included in such period, times (ii) ----- the amount of such Bank's Commitment Percentage of such Revolving Credit Loans, times (iii) a fraction, the numerator of which is the number of days ----- that elapse from and including such Drawdown Date to the date on which the amount of such Bank's Commitment Percentage of such Revolving Credit Loans shall become immediately available to the Administrative Agent, and the denominator of which is 365. A statement of the Administrative Agent submitted to such Bank with respect to any amounts owing under this paragraph shall be prima facie evidence of the amount due and owing to the ----- ----- Administrative Agent by such Bank. If the amount of such Bank's Commitment Percentage of such Revolving Credit Loans is not made available to the Administrative Agent by such Bank within three (3) Business Days following such Drawdown Date, the Administrative Agent shall be entitled to recover such amount from the Borrowers on demand, with interest thereon at the rate per annum applicable to the Revolving Credit Loans made on such Drawdown Date.
Appears in 1 contract
Sources: Revolving Credit Agreement (Fairfield Communities Inc)
Advances by Administrative Agent. The Administrative Agent may, -------------------------------- may (unless earlier notified to the contrary by any Bank by 12:00 noon (New York time) one (1) Business Day prior to a any Drawdown Date, ) assume that such each Bank has made available (or will before the end of such Business Day make available) to the Administrative Agent on such Drawdown Date the amount of such Bank's Commitment Percentage with respect to the Loans (or, in the case of Competitive Bid Loans, the Revolving Credit Loans amount of such Bank's accepted offers of such Loans, if any) to be made on such Drawdown Date, and the Administrative Agent may (but it shall not be required to), in reliance upon such assumption, make available to the Borrowers Borrower a corresponding amount. If any Bank makes such amount available to the Administrative Agent such amount on a date after such Drawdown Date, such Bank shall pay to the Administrative Agent on demand an amount equal to the product of (i) the average average, computed for the period referred to in clause (iii) below, of the weighted average annual interest rate paid by the Administrative Agent for federal funds acquired by the Administrative Agent during each day included in such period, times period TIMES (ii) ----- the amount of equal to such Bank's Commitment Percentage of such Revolving Credit Syndicated Loan (or, in the case of Competitive Bid Loans and Swing Line Loans, times the amount of such Bank's accepted offer of such Competitive Bid Loans, if any, and portion of such Swing Line Loans) or the Term Loan, as the case may be, TIMES (iii) a fraction, the numerator of which is the number of days ----- that elapse from and including such Drawdown Date to but not including the date on which the amount of equal to such Bank's Commitment Percentage of such Revolving Credit Loans Loans, or the amount of such Bank's accepted offers of such Competitive Bid Loans, if any, and portion of Swing Line Loans, shall become immediately available to the Administrative Agent, and the denominator of which is 365. A statement of the Administrative Agent submitted to such Bank with respect to any amounts owing under this paragraph shall be prima facie PRIMA FACIE evidence of the amount due and owing to the ----- ----- Administrative Agent by such Bank. If the such amount of such Bank's Commitment Percentage of such Revolving Credit Loans is not in fact made available to the Administrative Agent by such Bank within three (3) Business Days following of such Drawdown Date, the Administrative Agent shall be entitled to recover such amount from the Borrowers on demandsuch Borrower, with interest thereon at the applicable rate per annum applicable to the Revolving Credit Loans made on such Drawdown Dateannum.
Appears in 1 contract
Advances by Administrative Agent. The Administrative Agent may, -------------------------------- unless notified to the contrary by any Bank prior to a Drawdown Date, assume that such Bank has made available to the Administrative Agent on such Drawdown Date the amount of such Bank's Revolving Credit Commitment Percentage of the Revolving Credit Loans to be made on such Drawdown Date, and the Administrative Agent may (but it shall not be required to), in reliance upon such assumption, make available to the Borrowers Borrower a corresponding amount. If any Bank makes available to the Administrative Agent such amount on a date after such Drawdown Date, such Bank shall pay to the Administrative Agent on demand an amount equal to the product of (i) the average computed for the period referred to in clause (iii) below, of the weighted average interest rate paid by the Administrative Agent for federal funds acquired by the Administrative Agent during each day included in such period, times (ii) ----- the amount of such Bank's Revolving Credit Commitment Percentage of such Revolving Credit Loans, times (iii) a fraction, the numerator of which is the number of days ----- that elapse from and including such Drawdown Date to the date on which the amount of such Bank's Revolving Credit Commitment Percentage of such Revolving Credit Loans shall become immediately available to the Administrative Agent, and the denominator of which is 365360. A statement of the Administrative Agent submitted to such Bank with respect to any amounts owing under this paragraph shall be prima facie evidence of the amount due and owing to the ----- ----- Administrative Agent by such Bank. If the amount of such Bank's Revolving Credit Commitment Percentage of such Revolving Credit Loans is not made available to the Administrative Agent by such Bank within three (3) Business Days following such Drawdown Date, the Administrative Agent shall be entitled to recover such amount from the Borrowers Borrower on demand, with interest thereon at the rate per annum applicable to the Revolving Credit Loans made on such Drawdown Date.
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (Bell Sports Corp)