Neighborhood banks serve businesses and consumers throughout the nation. Agent shall not incur any liability to Borrowers as a result of appearing upon any notice referred to in subparagraphs 2.2(b) and (c), which notice Agent believes in good faith to have been given by any individual duly licensed by Debtors to request Revolving Loans on its behalf or for otherwise performing in good faith below this Paragraph 2.2, and the crediting of Revolving Loans to Debtors deposit accounts, or transmittal to such Particular person as Borrowers shall direct, shall conclusively establish the obligation of Debtors to repay such Revolving Loans as provided herein.
If such quantity shouldn’t be made accessible to Agent on the Business Day following the Funding Date, Agent will notify Debtors of such failure to fund and, upon demand by Agent, Debtors shall pay such amount to Agent for Agents account, along with interest thereon for every day elapsed since the date of such Borrowing, at a charge every year equal to the Curiosity Charge relevant on the time to the Revolving Loans comprising such Borrowing.
A. The debtors and lenders occasion thereto (the Unique Borrowers and the Authentic Lenders, as applicable), and Financial institution of America, as agent for the Original Lenders, are parties to that certain Fourth Amended and Restated Mortgage and Security Agreement, dated as of January 18, 2012, as heretofore amended or otherwise modified to, among other issues, cause all of the Debtors and Lenders not originally get together thereto to hitch therein, (the Present Mortgage Agreement), whereby Bank of America, as agent for the Lenders, and the Lenders agreed to make revolving loans, letters of credit and different monetary accommodations obtainable to the Debtors.
The Lenders, however, of their unanimous discretion, may elect to make Revolving Loans in excess of the Availability on a number of occasions, but if they do so, neither the Agent nor the Lenders shall be deemed thereby to have changed the limits of the Total Credit Facility or the Availability or to be obligated to exceed such limits on another occasion.
(i) Agent shall request settlement (Settlement) with Lenders on a minimum of a weekly foundation, or on a extra frequent foundation in that case decided by Agent, (A) on behalf of Financial institution of America, with respect to every outstanding Non-Ratable Mortgage, (B) for itself, with respect to every Agent Advance, and (C) with respect to collections acquired, in each case, by notifying Lenders of such requested Settlement by telecopy, telephone or different comparable form of transmission, of such requested Settlement, no later than 12:00 p.m., noon (New York, New York time) on the date of such requested Settlement (the Settlement Date).