Group banks serve businesses and consumers throughout the nation. Throughout the period between Settlement Dates, Bank of America with respect to Non-Ratable Loans, Agent with respect to Agent Advances, and every Lender with respect to the Revolving Loans other than Non-Ratable Loans and Agent Advances, shall be entitled to curiosity on the applicable fee or charges payable underneath this Settlement on the actual average every day amount of funds employed by Financial institution of America, Agent and the opposite Lenders.
If (i) the undrawn amount of the requested Letter of Credit isn’t higher than the Unused Letter of Credit Subfacility and (ii) the amount of such requested Letter of Credit and all commissions, charges, and costs due from Debtors in reference to the opening thereof would not exceed the Extra Availability, Agent shall, so long as the other situations hereof and of Section Six are met, trigger the requested Letter of Credit score to be issued on such requested efficient date of issuance.
(c) Until Agent receives discover from Borrower prior to the date on which any cost is due to the Lenders that Debtors is not going to make such fee in full as and when required, Agent might assume that Borrowers have made such cost in full to Agent on such date in instantly out there funds and Agent may (however shall not be so required), in reliance upon such assumption, distribute to each Lender on such due date an amount equal to the quantity then due such Lender.
The Letter of Credit Issuer is not going to cause to be opened any Letter of Credit score if: (i) the utmost face quantity of the requested Letter of Credit score would exceed the Unused Letter of Credit Subfacility at such time; (ii) the maximum face quantity of the requested Letter of Credit, and all commissions, charges, and fees due from Debtors to Letter of Credit score Issuer in reference to the opening thereof, would cause the Debtors remaining Extra Availability to be lower than zero at such time or would exceed the Total Credit score Facility at such time; or (iii) the expiration date of the Letter of Credit would exceed the Maturity Date or be better than twelve (12) months from the date of issuance.
Bank Borrowing Reserve shall mean the amount that a Borrower has, on the time of calculation, borrowed from any monetary institution if the phrases of the relevant credit score settlement with the financial institution require such Borrower to keep up any Extra Availability below this Settlement or otherwise condition the borrowing on the existence or continuation of this Settlement.