Common use of L/C Participations Clause in Contracts

L/C Participations. (a) Effective on the Closing Date (with respect to the Existing Letters of Credit), and effective on the date of issuance thereof (with respect to Letters of Credit issued after the Closing Date), each Issuing Lender irrevocably agrees to grant and hereby grants to each L/C Participant, and, to induce such Issuing Lenders to issue Letters of Credit hereunder, each L/C Participant irrevocably agrees to accept and purchase and hereby accepts and purchases from each Issuing Lender, on the terms and conditions hereinafter stated, for such L/C Participant's own account and risk an undivided interest equal to such L/C Participant's Revolving Percentage in such Issuing Lender's obligations and rights under each Letter of Credit issued hereunder and the amount of each draft paid by such Issuing Lender thereunder in accordance with the terms of this Agreement. Notwithstanding the provisions contained in the next to last sentence of subsection 3.5, each L/C Participant unconditionally and irrevocably agrees with each Issuing Lender that, if a draft is paid under any Letter of Credit issued by such Issuing Lender for which such Issuing Lender is not reimbursed in full by the Borrower for all Reimbursement Obligations in accordance with the terms of this Agreement, such L/C Participant shall pay to such Issuing Lender upon demand at such Issuing Lender's address for notices specified herein an amount equal to such L/C Participant's Revolving Percentage of the amount of such draft, or any part thereof, which is not so reimbursed.

Appears in 1 contract

Samples: Credit Agreement (Tesoro Petroleum Corp /New/)

AutoNDA by SimpleDocs

L/C Participations. (ai) Effective on the Closing Date (with respect to the Existing Letters of Credit), and effective on the date of issuance thereof (with respect to Letters of Credit issued after the Closing Date), each Each Issuing Lender irrevocably agrees to grant and hereby grants to each L/C Participant, and, to induce such each Issuing Lenders Lender to issue Letters of Credit hereunder, each L/C Participant irrevocably agrees to accept and purchase and hereby accepts and purchases from each Issuing Lender, on the terms and conditions hereinafter stated, for such L/C Participant's ’s own account and risk an undivided interest equal to such L/C Participant's Revolving ’s Commitment Percentage in such each Issuing Lender's ’s obligations and rights under and in respect of each Letter of Credit issued by it hereunder and the amount of each draft paid by such each Issuing Lender thereunder in accordance with the terms of this Agreementthereunder. Notwithstanding the provisions contained in the next to last sentence of subsection 3.5, each Each L/C Participant unconditionally and irrevocably agrees with each Issuing Lender that, if a draft is paid under any Letter of Credit issued by such Issuing Lender for which such Issuing Lender is not reimbursed in full by the Borrower for all Reimbursement Obligations through a Revolving Loan or otherwise in accordance with the terms of this Agreement, such L/C Participant shall pay to such Issuing Lender upon demand at such Issuing Lender's ’s address for notices specified herein an amount equal to such L/C Participant's Revolving ’s Commitment Percentage of the amount of such draft, or any part thereof, which is not so reimbursed.

Appears in 1 contract

Samples: Credit Agreement (Columbia Sportswear Co)

L/C Participations. (a) Effective on the Closing Date (with respect to the Existing Letters of Credit), and effective on the date of issuance thereof (with respect to Letters of Credit issued after the Closing Date), each Each Issuing Lender irrevocably agrees to grant and hereby grants to each L/C Participant, and, to induce such Issuing Lenders Lender to issue Letters of Credit hereunder, each L/C Participant irrevocably agrees to accept and purchase and hereby accepts and purchases from each such Issuing Lender, on the terms and conditions hereinafter statedset forth below, for such L/C Participant's ’s own account and risk an undivided interest equal to such L/C Participant's ’s Revolving Percentage in such Issuing Lender's ’s obligations and rights under and in respect of each Letter of Credit issued hereunder and the amount of each draft paid by such Issuing Lender thereunder in accordance with the terms of this Agreementthereunder. Notwithstanding the provisions contained in the next to last sentence of subsection 3.5, each Each L/C Participant unconditionally and irrevocably agrees with each Issuing Lender that, if a draft is paid under any Letter of Credit issued by such Issuing Lender for which such Issuing Lender is not reimbursed in full by the Borrower for all Reimbursement Obligations in accordance with the terms of this Agreement, such L/C Participant shall pay to the Administrative Agent for the account of such Issuing Lender upon demand at of such Issuing Lender's address for notices specified herein Lender an amount equal to such L/C Participant's ’s Revolving Percentage of the amount of such draft, or any part thereof, which that is not so reimbursedreimbursed and the Administrative Agent shall promptly forward such amounts to such Issuing Lender.

Appears in 1 contract

Samples: Credit Agreement (KAR Auction Services, Inc.)

L/C Participations. (a) Effective on the Closing Date (with respect to the Existing Letters of Credit), and effective on the date of issuance thereof (with respect to Letters of Credit issued after the Closing Date), each The Issuing Lender irrevocably agrees to grant and hereby grants to each L/C Participant, and, to induce such the Issuing Lenders Lender to issue Letters of Credit hereunder, each L/C Participant irrevocably agrees to accept and purchase and hereby accepts and purchases from each the Issuing Lender, on the terms and conditions hereinafter stated, for such L/C Participant's own account and risk an undivided interest equal to such L/C Participant's Revolving Percentage in such the Issuing Lender's obligations and rights under each Letter of Credit issued hereunder and the amount of each draft paid by such the Issuing Lender thereunder in accordance with the terms of this Agreementthereunder. Notwithstanding the provisions contained in the next to last sentence of subsection 3.5, each Each L/C Participant unconditionally and irrevocably agrees with each the Issuing Lender that, if a draft is paid under any Letter of Credit issued by such Issuing Lender for which such the Issuing Lender is not reimbursed in full by the Borrower for all Reimbursement Obligations in accordance with the terms of this AgreementAgreement (or, if reimbursed, is required to be returned to the Borrower), such L/C Participant shall pay to such the Issuing Lender upon demand at such the Issuing Lender's address for notices specified herein an amount equal to such L/C Participant's Revolving Percentage of the amount of such draft, or any part thereof, which that is not so reimbursed (or, if reimbursed, is required to be returned to the Borrower).

Appears in 1 contract

Samples: Credit Agreement (Oci Holdings Inc)

L/C Participations. (a) Effective on the Closing Date (with respect to the Existing Letters of Credit), and effective on the date of issuance thereof (with respect to Letters of Credit issued after the Closing Date), each Each Issuing Lender irrevocably agrees to grant and hereby grants to each L/C Participant, and, to induce such each Issuing Lenders Lender to issue Letters of Credit hereunder, each L/C Participant irrevocably agrees to accept and purchase and hereby accepts and purchases from each Issuing Lender, on the terms and conditions hereinafter stated, for such L/C Participant's ’s own account and risk an undivided interest equal to such L/C Participant's ’s Revolving Credit Commitment Percentage in such each Issuing Lender's ’s obligations and rights under and in respect of each Letter of Credit issued hereunder and the amount of each draft paid by such Issuing Lender thereunder in accordance with the terms of this Agreementthereunder. Notwithstanding the provisions contained in the next to last sentence of subsection 3.5, each Each L/C Participant unconditionally and irrevocably agrees with each Issuing Lender that, if a draft is paid under any Letter of Credit issued by such Issuing Lender for which such Issuing Lender is not reimbursed in full by the Borrower for all Reimbursement Obligations through a Revolving Credit Loan or otherwise in accordance with the terms of this Agreement, such L/C Participant shall pay to such Issuing Lender upon demand at such Issuing Lender's ’s address for notices specified herein the Dollar Equivalent of an amount equal to such L/C Participant's ’s Revolving Credit Commitment Percentage of the amount of such draft, or any part thereof, which is not so reimbursed.

Appears in 1 contract

Samples: Credit Agreement (Blackhawk Network Holdings, Inc)

L/C Participations. (a) Effective on the Closing Date (with respect to the Existing Letters of Credit), and effective on the date of issuance thereof (with respect to Letters of Credit issued after the Closing Date), each Each Issuing Lender irrevocably agrees to grant and hereby grants to each L/C Participant, and, to induce such Issuing Lenders Lender to issue Letters of Credit hereunder, each L/C Participant irrevocably agrees to accept and purchase and hereby accepts and purchases from each such Issuing Lender, on the terms and conditions hereinafter stated, for such L/C Participant's own account and risk an undivided interest equal to such L/C Participant's Revolving Credit Commitment Percentage in such Issuing Lender's obligations and rights under and in respect of each Letter of Credit issued by such Issuing Lender hereunder and the amount of each draft paid by such Issuing Lender thereunder in accordance with the terms of this Agreementthereunder. Notwithstanding the provisions contained in the next to last sentence of subsection 3.5, each Each L/C Participant unconditionally and irrevocably agrees with each Issuing Lender that, if a draft is paid under any Letter of Credit issued by such Issuing Lender for which such Issuing Lender is not reimbursed in full by the Borrower for all Reimbursement Obligations through a Revolving Credit Loan or otherwise in accordance with the terms of this Agreement, such L/C Participant shall pay to such Issuing Lender in the applicable Permitted Currency upon demand at such Issuing Lender's address for notices specified herein Lending Office an amount equal to such L/C Participant's Revolving Credit Commitment Percentage of the amount of such draft, or any part thereof, which is not so reimbursed.

Appears in 1 contract

Samples: Credit Agreement (AbitibiBowater Inc.)

L/C Participations. (a) Effective on (i) In the Closing Date (with respect to the Existing Letters case of Credit), and effective on the date of issuance thereof (with respect to Letters of Credit ------------------ issued after the Closing Date)by an Issuing Lender which is a Lender, each such Issuing Lender irrevocably agrees to grant and hereby grants to each L/C Participant, and, to induce such Issuing Lenders Lender to issue Letters of Credit hereunder, each L/C Participant irrevocably agrees to accept and purchase and hereby accepts and purchases from each such Issuing Lender, on the terms and conditions hereinafter stated, for such L/C Participant's own account and risk an undivided interest equal to such L/C Participant's Revolving Credit Percentage in such Issuing Lender's obligations and rights under each Letter of Credit issued by such Issuing Lender hereunder and the amount of each draft paid by such Issuing Lender thereunder in accordance with the terms of this Agreementthereunder. Notwithstanding the provisions contained in the next to last sentence of subsection 3.5, each Each L/C Participant unconditionally and irrevocably agrees with each such Issuing Lender that, if a draft is paid under any Letter of Credit issued by such Issuing Lender for which such Issuing Lender is not reimbursed in full by the Borrower for all Reimbursement Obligations in accordance with the terms of this Agreement, such L/C Participant shall pay to such Issuing Lender upon demand at such Issuing Lender's address for notices specified herein an amount equal to such L/C Participant's Revolving Credit Percentage of the amount of such draft, or any part thereof, which is not so reimbursed.

Appears in 1 contract

Samples: Credit Agreement (Alliance Laundry Holdings LLC)

L/C Participations. (a) Effective on the Closing Date (with respect to the Existing Letters of Credit), and effective on the date of issuance thereof (with respect to Letters of Credit issued after the Closing Date), each Each Issuing Lender irrevocably agrees to grant and hereby grants to each L/C Participant, and, to induce such each Issuing Lenders Lender to issue Letters of Credit hereunder, each L/C Participant irrevocably agrees to accept and purchase and hereby accepts and purchases from each Issuing Lender, on the terms and conditions hereinafter stated, for such L/C Participant's ’s own account and risk an undivided interest equal to such L/C Participant's ’s Revolving Credit Commitment Percentage in such each Issuing Lender's ’s obligations and rights under and in respect of each Letter of Credit issued hereunder and the amount of each draft paid by such Issuing Lender thereunder in accordance with the terms of this Agreementthereunder. Notwithstanding the provisions contained in the next to last sentence of subsection 3.5, each Each L/C Participant unconditionally and irrevocably agrees with each Issuing Lender that, if a draft is paid under any Letter of Credit issued by such Issuing Lender for which such Issuing Lender is not reimbursed in full by the Borrower for all Reimbursement Obligations through a Revolving Credit Loan or otherwise in accordance with the terms of this Agreement, such L/C Participant shall pay to such Issuing Lender upon demand at such the Issuing Lender's ’s address for notices specified herein an amount equal to such L/C Participant's ’s Revolving Credit Commitment Percentage of the amount of such draft, or any part thereof, which is not so reimbursed.

Appears in 1 contract

Samples: Credit Agreement (Us Ecology, Inc.)

L/C Participations. (a) Effective on the Closing Date (with respect to the Existing Letters of Credit), and effective on the date of issuance thereof (with respect to Letters of Credit issued after the Closing Date)thereof, each Issuing Lender irrevocably agrees to grant and hereby grants to each L/C Participant, and, to induce such each Issuing Lenders Lender to issue Letters of Credit hereunder, each L/C Participant irrevocably agrees to accept and purchase and hereby accepts and purchases from each Issuing Lender, on the terms and conditions hereinafter stated, for such L/C Participant's ’s own account and risk risk, an undivided interest equal to such L/C Participant's ’s Revolving Credit Percentage in such each Issuing Lender's ’s obligations and rights under each Letter of Credit issued by such Issuing Lender hereunder and the amount of each draft paid by such Issuing Lender thereunder in accordance with the terms of this Agreementthereunder. Notwithstanding the provisions contained in the next to last sentence of subsection 3.5, each Each L/C Participant unconditionally and irrevocably agrees with each Issuing Lender that, if a draft is paid under any Letter of Credit issued by such Issuing Lender for which such Issuing Lender is not reimbursed in full by the Borrower for all Reimbursement Obligations in accordance with the terms of this Agreement, such L/C Participant shall pay to such Issuing Lender upon demand at such Issuing Lender's ’s address for notices specified herein an amount equal to such L/C Participant's ’s Revolving Credit Percentage of the amount of such draft, or any part thereof, which that is not so reimbursed.

Appears in 1 contract

Samples: Credit Agreement (Extendicare Health Services Inc)

L/C Participations. (a) Effective on the Closing Date (with respect to the Existing Letters of Credit), and effective on the date of issuance thereof (with respect to Letters of Credit issued after the Closing Date), each Each Issuing Lender irrevocably agrees to grant and hereby grants to each L/C Participant, and, to induce such each Issuing Lenders Lender to issue Letters of Credit hereunder, each L/C Participant irrevocably agrees to accept and purchase and hereby accepts and purchases from each Issuing Lender, on the terms and conditions hereinafter stated, for such L/C Participant's ’s own account and risk an undivided interest equal to such L/C Participant's ’s Revolving Credit Commitment Percentage in such each Issuing Lender's ’s obligations and rights under and in respect of each Letter of Credit issued by it hereunder and the amount of each draft paid by such Issuing Lender thereunder in accordance with the terms of this Agreementthereunder. Notwithstanding the provisions contained in the next to last sentence of subsection 3.5, each Each L/C Participant unconditionally and irrevocably agrees with each Issuing Lender that, if a draft is paid under any Letter of Credit issued by such Issuing Lender for which such Issuing Lender is not reimbursed in full by the Borrower for all Reimbursement Obligations through a Revolving Credit Loan or otherwise in accordance with the terms of this Agreement, such L/C Participant shall pay to such Issuing Lender upon demand at such Issuing Lender's ’s address for notices specified herein an amount equal to the Dollar Amount of such L/C Participant's ’s Revolving Credit Commitment Percentage of the amount of such draft, or any part thereof, which is not so reimbursed.

Appears in 1 contract

Samples: Credit Agreement (KMG Chemicals Inc)

L/C Participations. (a) Effective on the Closing Date (with respect to the Existing Letters of Credit), and effective on the date of issuance thereof (with respect to Letters of Credit issued after the Closing Date), each Each Issuing Lender irrevocably agrees to grant and hereby grants to each L/C Participant, and, to induce such each Issuing Lenders Lender to issue Letters of Credit hereunder, each L/C Participant irrevocably agrees to accept and purchase and hereby accepts and purchases from each Issuing Lender, on the terms and conditions hereinafter stated, for such L/C Participant's ’s own account and risk an undivided interest equal to such L/C Participant's ’s Revolving Credit Percentage in such each Issuing Lender's ’s obligations and rights under and in respect of each Letter of Credit issued by such Issuing Lender hereunder and the amount of each draft paid by such Issuing Lender thereunder in accordance with the terms of this Agreementthereunder. Notwithstanding the provisions contained in the next to last sentence of subsection 3.5, each Each L/C Participant unconditionally and irrevocably agrees with each Issuing Lender that, if a draft is paid under any Letter of Credit issued by such Issuing Lender for which such Issuing Lender is not reimbursed in full by the Borrower for all Reimbursement Obligations in accordance with the terms of this Agreement, such L/C Participant shall pay to such Issuing Lender Lender, upon demand demand, at such Issuing Lender's ’s address for notices specified herein herein, an amount equal to such L/C Participant's ’s Revolving Credit Percentage of the amount of such draft, or any part thereof, which that is not so reimbursed.

Appears in 1 contract

Samples: Revolving Credit Agreement (B&G Foods, Inc.)

L/C Participations. (a) Effective on the Closing Date (with respect to the Existing Letters of Credit), and effective on the date of issuance thereof (with respect to Letters of Credit issued after the Closing Date), each The Issuing Lender irrevocably agrees ------------------------- to grant and hereby grants to each L/C Participant, and, to induce such the Issuing Lenders Lender to issue Letters of Credit hereunderCredit, each L/C Participant irrevocably agrees to accept and purchase and hereby accepts and purchases from each the Issuing Lender, on the terms and conditions hereinafter statedset forth below, for such L/C Participant's own account and risk an undivided interest equal to such L/C Participant's Revolving Percentage in such the Issuing Lender's obligations and rights under and in respect of each Letter of Credit issued hereunder and the amount of each draft paid by such the Issuing Lender thereunder in accordance with the terms of this Agreementthereunder. Notwithstanding the provisions contained in the next to last sentence of subsection 3.5, each Each L/C Participant unconditionally and irrevocably agrees with each the Issuing Lender that, if a draft is paid under any Letter of Credit issued by such Issuing Lender for which such the Issuing Lender is not reimbursed in full by the Borrower for all Reimbursement Obligations in accordance with the terms of this Agreement or which is not converted to ABR Loans pursuant to Section 3.5 of this Agreement, such L/C Participant shall pay to such the Issuing Lender upon demand at such the Issuing Lender's address for notices specified herein an amount equal to such L/C Participant's Revolving Percentage of the amount of such draft, or any part thereof, which that is not so reimbursed.

Appears in 1 contract

Samples: Credit Agreement (Agl Resources Inc)

L/C Participations. (ai) Effective on the Closing Date (with respect to the Existing Letters of Credit), and effective on the date of issuance thereof (with respect to Letters of Credit issued after the Closing Date), each Each Issuing Lender irrevocably agrees to grant and hereby grants to each L/C Participant, and, to induce such each Issuing Lenders Lender to issue Letters of Credit hereunder, each L/C Participant irrevocably agrees to accept and purchase and hereby accepts and purchases from each Issuing Lender, on the terms and conditions hereinafter stated, for such L/C Participant's ’s own account and risk an undivided interest equal to such L/C Participant's Revolving Percentage ’s Pro Rata Share in such each Issuing Lender's Xxxxxx’s obligations and rights under and in respect of each Letter of Credit issued by it hereunder and the amount of each draft paid by such Issuing Lender thereunder in accordance with the terms of this Agreementthereunder. Notwithstanding the provisions contained in the next to last sentence of subsection 3.5, each Each L/C Participant unconditionally and irrevocably agrees with each Issuing Lender that, if a draft is paid under any Letter of Credit issued by such Issuing Lender for which such Issuing Lender is not reimbursed in full by the Borrower for all Reimbursement Obligations through a Revolving Loan or otherwise in accordance with the terms of this Agreement, such L/C Participant shall pay to such Issuing Lender upon demand at such Issuing Lender's ’s address for notices specified herein an the Dollar Equivalent of the amount equal to such L/C Participant's Revolving Percentage ’s Pro Rata Share of the amount of such draft, or any part thereof, which is not so reimbursed.. (ii) Upon becoming aware of any amount required to be paid by any L/C Participant to any Issuing Lender pursuant to Section 2.03(e)(i) in respect of any unreimbursed portion of any payment made by such Issuing Lender under any 46 #98230960v1

Appears in 1 contract

Samples: Credit Agreement (RXO, Inc.)

L/C Participations. (ac) Effective on the Closing Date (with respect to the Existing Letters of Credit), and effective on the date of issuance thereof (with respect to Letters of Credit issued after the Closing Date), each Each Issuing Lender irrevocably agrees to grant and hereby grants to each L/C Participant, and, to induce such each Issuing Lenders Lender to issue Letters of Credit hereunder, each L/C Participant irrevocably agrees to accept and purchase and hereby accepts and purchases from each Issuing Lender, on the terms and conditions hereinafter stated, for such L/C Participant's ’s own account and risk an undivided interest equal to such L/C Participant's ’s Revolving Credit Commitment Percentage in such each Issuing Lender's ’s obligations and rights under and in respect of each Letter of Credit issued hereunder and the amount of each draft paid by such Issuing Lender thereunder in accordance with the terms of this Agreementthereunder. Notwithstanding the provisions contained in the next to last sentence of subsection 3.5, each Each L/C Participant unconditionally and irrevocably agrees with each Issuing Lender that, if a draft is paid under any Letter of Credit issued by such Issuing Lender for which such Issuing Lender is not reimbursed in full by the Borrower for all Reimbursement Obligations through a Revolving Credit Loan or otherwise in accordance with the terms of this Agreement, such L/C Participant shall pay to such Issuing Lender upon demand at such Issuing Lender's ’s address for notices specified herein the Dollar Equivalent of an amount equal to such L/C Participant's ’s Revolving Credit Commitment Percentage of the amount of such draft, or any part thereof, which is not so reimbursed.

Appears in 1 contract

Samples: Credit Agreement (Blackhawk Network Holdings, Inc)

L/C Participations. (a) Effective on the Closing Date (with respect to the Existing Letters of Credit), and effective on the date of issuance thereof (with respect to Letters of Credit issued after the Closing Date), each Each Issuing Lender irrevocably agrees to grant and hereby grants to each L/C Participant, and, to induce such Issuing Lenders Lender to issue Letters of Credit to be issued hereunder, each L/C Participant irrevocably agrees to accept and purchase and hereby accepts and purchases from each such Issuing Lender, on the terms and conditions hereinafter statedset forth below, for such L/C Participant's ’s own account and risk an undivided interest equal to such L/C Participant's ’s Revolving Percentage in such Issuing Lender's ’s obligations and rights under and in respect of each Existing Letter of Credit or Letter of Credit issued hereunder hereunder, as applicable, and the amount of each draft paid by such Issuing Lender thereunder in accordance with the terms of this Agreementthereunder. Notwithstanding the provisions contained in the next to last sentence of subsection 3.5, each Each L/C Participant unconditionally and irrevocably agrees with each relevant Issuing Lender that, if a draft is paid under any Letter of Credit issued by such Issuing Lender for which such Issuing Lender is not reimbursed in full by the Borrower for all Reimbursement Obligations Borrowers in accordance with the terms of this Agreement, such L/C Participant shall pay to the Administrative Agent upon demand of such Issuing Lender upon demand at such Issuing Lender's address for notices specified herein an amount equal to such L/C Participant's ’s Revolving Percentage of the amount of such draft, or any part thereof, which that is not so reimbursed. The Administrative Agent shall promptly forward such amounts to the Issuing Lender.

Appears in 1 contract

Samples: Credit Agreement (Tube City IMS CORP)

L/C Participations. (a) Effective on the Closing Date (with respect to the Existing Letters of Credit), and effective on the date of issuance thereof (with respect to Letters of Credit issued after the Closing Date), each Each Issuing Lender irrevocably agrees to grant and hereby grants to each L/C Participant, and, to induce such each Issuing Lenders Lender to issue Letters of Credit hereunder, each L/C Participant irrevocably agrees to accept and purchase and hereby accepts and purchases from each Issuing Lender, on the terms and conditions hereinafter stated, for such L/C Participant's own account and risk risk, an undivided interest equal to such L/C Participant's Revolving Credit Percentage in such each Issuing Lender's obligations and rights under each Letter of Credit issued by such Issuing Lender hereunder and the amount of each draft paid by such Issuing Lender thereunder in accordance with the terms of this Agreementthereunder. Notwithstanding the provisions contained in the next to last sentence of subsection 3.5, each Each L/C Participant unconditionally and irrevocably agrees with each Issuing Lender that, if a draft is paid under any Letter of Credit issued by such Issuing Lender for which such Issuing Lender is not reimbursed in full by the relevant Borrower for all Reimbursement Obligations in accordance with the terms of this Agreement, such L/C Participant shall pay to such Issuing Lender upon demand at such Issuing Lender's address for notices specified herein an amount equal to such L/C Participant's Revolving Credit Percentage of the amount of such draft, or any part thereof, which that is not so reimbursed.

Appears in 1 contract

Samples: Credit Agreement (White Mountains Insurance Group LTD)

L/C Participations. (a) Effective on the Closing Date (with respect to the Existing Letters of Credit), and effective on the date of issuance thereof (with respect to Letters of Credit issued after the Closing Date), each The Issuing Lender irrevocably agrees to grant and hereby grants to each L/C ParticipantLender, and, to induce such the Issuing Lenders Lender to issue Letters of Credit hereunder, each L/C Participant Lender irrevocably agrees to accept and purchase and hereby accepts and purchases from each the Issuing Lender, on the terms and conditions hereinafter stated, for such L/C ParticipantLender's own account and risk an undivided interest equal to such L/C ParticipantLender's Revolving Specified Percentage (determined on the date of issuance of the relevant Letter of Credit) in such the Issuing Lender's obligations and rights under each Letter of Credit issued hereunder and/or renewed by the Issuing Lender and the amount of each draft paid by such the Issuing Lender thereunder in accordance with the terms of this Agreementthereunder. Notwithstanding the provisions contained in the next to last sentence of subsection 3.5, each L/C Participant Each Lender unconditionally and irrevocably agrees with each the Issuing Lender that, if a draft is paid under any Letter of Credit issued or renewed by such the Issuing Lender for which such the Issuing Lender is not reimbursed in full by the Borrower for all Reimbursement Obligations in accordance with the terms of this AgreementSection 3.5(a), such L/C Participant Lender shall pay to such the Issuing Lender upon demand at such the Issuing Lender's address for notices specified herein an amount equal to such L/C ParticipantLender's Revolving Specified Percentage of the amount of such draft, or any part thereof, which is not so reimbursed.

Appears in 1 contract

Samples: Credit Agreement (Media General Inc)

L/C Participations. (a) Effective on the Closing Date (with respect to the Existing Letters of Credit), and effective on the date of issuance thereof (with respect to Letters of Credit issued after the Closing Date), each The applicable Issuing Lender irrevocably agrees to grant and hereby grants to each L/C Participant, and, to induce such the applicable Issuing Lenders Lender to issue Letters of Credit hereunder, each L/C Participant irrevocably agrees to accept and purchase and hereby accepts and purchases from each such Issuing Lender, on the terms and conditions hereinafter stated, for such L/C Participant's own account and risk risk, an undivided interest equal to such L/C Participant's Revolving Credit Commitment Percentage in such Issuing Lender's obligations and rights under and in respect of each Letter of Credit issued hereunder and the amount of each draft paid by such Issuing Lender thereunder in accordance with the terms of this Agreementthereunder. Notwithstanding the provisions contained in the next to last sentence of subsection 3.5, each Each L/C Participant unconditionally and irrevocably agrees with each the applicable Issuing Lender that, if a draft is paid under any Letter of Credit issued by such Issuing Lender for which such Issuing Lender is not reimbursed in full by the Borrower for all Reimbursement Obligations through a Revolving Credit Loan or otherwise in accordance with the terms of this Agreement, such L/C Participant shall pay to such Issuing Lender upon demand at such Issuing Lender's address for notices specified herein an amount equal to such L/C Participant's Revolving Credit Commitment Percentage of the amount of such draft, or any part thereof, which is not so reimbursed.

Appears in 1 contract

Samples: Credit Agreement (Corrections Corp of America)

L/C Participations. (a) Effective on the Closing Date (with respect to the Existing Letters of Credit), and effective on the date of issuance thereof (with respect to Letters of Credit issued after the Closing Date), each Each Issuing Lender irrevocably agrees to grant and hereby grants to each L/C Participant, and, to induce such each Issuing Lenders Lender to issue Letters of Credit hereunder, each L/C Participant irrevocably agrees to accept and purchase and hereby accepts and purchases from each Issuing Lender, on the terms and conditions hereinafter stated, for such L/C Participant's ’s own account and risk an undivided interest equal to such L/C Participant's ’s Revolving Credit Percentage in such each Issuing Lender's ’s obligations and rights under each Letter of Credit issued by such Issuing Lender hereunder and the amount of each draft paid by such Issuing Lender thereunder in accordance with the terms of this Agreementthereunder. Notwithstanding the provisions contained in the next to last sentence of subsection 3.5, each Each L/C Participant unconditionally and irrevocably agrees with each Issuing Lender that, if a draft is paid under any Letter of Credit issued by such Issuing Lender for which such Issuing Lender is not reimbursed in full by the relevant Borrower for all Reimbursement Obligations in accordance with the terms of this Agreement, such L/C Participant shall pay to such Issuing Lender upon demand at such Issuing Lender's ’s address for notices specified herein an amount equal to such L/C Participant's ’s Revolving Credit Percentage of the amount of such draft, or any part thereof, which that is not so reimbursed.

Appears in 1 contract

Samples: Credit Agreement (Six Flags, Inc.)

L/C Participations. (a) Effective on the Closing Date (with respect to the Existing Letters of Credit), and effective on the date of issuance thereof (with respect to Letters of Credit issued after the Closing Date), each The Issuing Lender Bank irrevocably agrees to grant and hereby grants to each L/C Participant, and, to induce such the Issuing Lenders Bank to issue Letters of to Credit hereunder, each L/C Participant irrevocably agrees to accept and purchase and hereby accepts and purchases from each the Issuing LenderBank, on the terms and conditions hereinafter stated, for such L/C Participant's own account and risk an undivided interest equal to such L/C Participant's Working Capital Revolving Credit Commitment Percentage in such the Issuing LenderBank's obligations and rights under each Letter of Credit issued hereunder and the amount of each draft paid by such the Issuing Lender thereunder in accordance with the terms of this AgreementBank thereunder. Notwithstanding the provisions contained in the next to last sentence of subsection 3.5, each Each L/C Participant unconditionally and irrevocably agrees with each the Issuing Lender Bank that, if a draft is paid under any Letter of Credit issued by such Issuing Lender for which such the Issuing Lender Bank is not reimbursed in full by the Borrower for all Reimbursement Obligations in accordance with the terms of this Agreement, such L/C Participant shall pay to such the Issuing Lender Bank upon demand at such the Issuing LenderBank's address for notices specified herein an amount equal to such L/C Participant's Working Capital Revolving Credit Commitment Percentage of the amount of such draft, or any part thereof, which is not so reimbursed.

Appears in 1 contract

Samples: Credit Agreement (Playtex Products Inc)

L/C Participations. (a) Effective on the Closing Date (with respect to the Existing Letters of Credit), and effective on the date of issuance thereof (with respect to Letters of Credit issued after the Closing Date), each Each Issuing Lender irrevocably agrees to grant and hereby grants to each L/C Participant, and, to induce such each Issuing Lenders Lender to issue Letters of Credit hereunder, each L/C Participant irrevocably agrees to accept and purchase and hereby accepts and purchases from each Issuing Lender, on the terms and conditions hereinafter stated, for such L/C Participant's own account and risk an undivided interest equal to such L/C Participant's Revolving Percentage in such each Issuing Lender's obligations and rights under and in respect of each Letter of Credit issued by such Issuing Lender hereunder and the amount of each draft paid by such Issuing Lender thereunder in accordance with the terms of this Agreementthereunder. Notwithstanding the provisions contained in the next to last sentence of subsection 3.5, each Each L/C Participant unconditionally and irrevocably agrees with each Issuing Lender that, if a draft is paid under any Letter of Credit issued by such Issuing Lender for which such Issuing Lender is not reimbursed in full by the Borrower for all Reimbursement Obligations in accordance with the terms of this Agreement, such L/C Participant shall pay to such Issuing Lender upon demand at such Issuing Lender's address for notices specified herein an amount in the currency of such Letter of Credit equal to such L/C Participant's Revolving Percentage of the amount of such draft, or any part thereof, which that is not so reimbursed.

Appears in 1 contract

Samples: Credit Agreement (Checkpoint Systems Inc)

L/C Participations. (a) Effective on the Closing Date (with respect to the Existing Letters of Credit), and effective on the date of issuance thereof (with respect to Letters of Credit issued after the Closing Date), each The Issuing Lender irrevocably agrees to grant and hereby grants to each L/C Participant, and, to induce such the Issuing Lenders Lender to issue Letters of Credit hereunder, each L/C Participant irrevocably agrees to accept and purchase and hereby accepts and purchases from each the Issuing Lender, on the terms and conditions hereinafter stated, for such L/C Participant's ’s own account and risk an undivided interest equal to such L/C Participant's ’s Revolving Credit Commitment Percentage in such the Issuing Lender's ’s obligations and rights under and in respect of each Letter of Credit issued by such Issuing Lender hereunder and the amount of each draft paid by such the Issuing Lender thereunder in accordance with the terms of this Agreementthereunder. Notwithstanding the provisions contained in the next to last sentence of subsection 3.5, each Each L/C Participant unconditionally and irrevocably agrees with each the Issuing Lender that, if a draft is paid under any Letter of Credit issued by such Issuing Lender for which such Issuing Lender is not reimbursed in full by the Borrower for all Reimbursement Obligations through a Revolving Credit Loan or otherwise in accordance with the terms of this Agreement, such L/C Participant shall pay to such Issuing Lender upon demand at such Issuing Lender's ’s address for notices specified herein an amount equal to the Dollar Amount of such L/C Participant's ’s Revolving Credit Commitment Percentage of the amount of such draft, or any part thereof, which is not so reimbursed.

Appears in 1 contract

Samples: Credit Agreement (Global Power Equipment Group Inc.)

L/C Participations. (a) Effective on the Closing Date (with respect to the Existing Letters of Credit), and effective on the date of issuance thereof (with respect to Letters of Credit issued after the Closing Date), each Each Issuing Lender irrevocably agrees to grant and hereby grants to each L/C Participant, and, to induce such each Issuing Lenders Lender to issue Letters of Credit hereunder, each L/C Participant irrevocably agrees to accept and purchase and hereby accepts and purchases from each Issuing Lender, on the terms and conditions hereinafter stated, for such L/C Participant's own account and risk risk, an undivided interest equal to such L/C Participant's Revolving Credit Percentage in such each Issuing Lender's obligations and rights under each Letter of Credit issued by such Issuing Lender hereunder and the amount of each draft paid by such Issuing Lender thereunder in accordance with the terms of this Agreementthereunder. Notwithstanding the provisions contained in the next to last sentence of subsection 3.5, each Each L/C 38 Participant unconditionally and irrevocably agrees with each Issuing Lender that, if a draft is paid under any Letter of Credit issued by such Issuing Lender for which such Issuing Lender is not reimbursed in full by the Borrower for all Reimbursement Obligations in accordance with the terms of this Agreement, such L/C Participant shall pay to such Issuing Lender upon demand at to the Administrative Agent (for the account of such Issuing Lender) at the Administrative Agent's address for notices specified herein herein, and the Administrative Agent shall promptly thereafter pay to such Issuing Lender, an amount equal to such L/C Participant's Revolving Credit Percentage of the amount of such draft, or any part thereof, which that is not so reimbursed.

Appears in 1 contract

Samples: Credit Agreement (Dobson Communications Corp)

L/C Participations. (a) Effective on the Closing Date (with respect to the Existing Letters of Credit), and effective on the date of issuance thereof (with respect to Letters of Credit issued after the Closing Date), each The Issuing Lender Bank irrevocably agrees to grant and hereby grants to each L/C Participant, and, to induce such the Issuing Lenders Bank to issue Letters of to Credit hereunder, each L/C Participant irrevocably agrees to accept and purchase and hereby accepts and purchases from each the Issuing LenderBank, on the terms and conditions hereinafter stated, for such L/C Participant's own account and risk an undivided interest equal to such L/C Participant's Revolving Credit Commitment Percentage in such the Issuing LenderBank's obligations and rights under each Letter of Credit issued hereunder and the amount of each draft paid by such the Issuing Lender thereunder in accordance with the terms of this AgreementBank thereunder. Notwithstanding the provisions contained in the next to last sentence of subsection 3.5, each Each L/C Participant unconditionally and irrevocably agrees with each the Issuing Lender Bank that, if a draft is paid under any Letter of Credit issued by such Issuing Lender for which such the Issuing Lender Bank is not reimbursed in full by the Borrower for all Reimbursement Obligations in accordance with the terms of this Agreement, such L/C Participant shall pay to such the Issuing Lender Bank upon demand at such the Issuing LenderBank's address for notices specified herein an amount equal to such L/C Participant's Revolving Credit Commitment Percentage of the amount of such draft, or any part thereof, which is not so reimbursed.

Appears in 1 contract

Samples: Credit Agreement (Personal Care Holdings Inc)

AutoNDA by SimpleDocs

L/C Participations. (a) Effective on the Closing Date (with respect to the Existing Letters of Credit), and effective on the date of issuance thereof (with respect to Letters of Credit issued after the Closing Date), each i) The Issuing Lender Bank irrevocably agrees to grant and hereby grants to each Tranche A L/C Participant, and, to induce such the Issuing Lenders Bank to issue Tranche A Letters of Credit hereunderCredit, each Tranche A L/C Participant irrevocably agrees to accept and purchase and hereby accepts and purchases from each the Issuing LenderBank, on the terms and conditions hereinafter statedset forth below, for such Tranche A L/C Participant's own account and risk an undivided interest equal to such Tranche A L/C Participant's Revolving Tranche A Aggregate Exposure Percentage in such the Issuing LenderBank's obligations and rights under and in respect of each Tranche A Letter of Credit issued hereunder and the amount of each draft paid by such the Issuing Lender thereunder in accordance with the terms of this AgreementBank thereunder. Notwithstanding the provisions contained in the next to last sentence of subsection 3.5, each Each Tranche A L/C Participant unconditionally and irrevocably agrees with each the Issuing Lender Bank that, if a draft is paid under any Tranche A Letter of Credit issued by such Issuing Lender for which such the Issuing Lender Bank is not reimbursed in full by the Borrower for all Reimbursement Obligations in accordance with the terms of this Agreement, such Tranche A L/C Participant shall pay to such the Issuing Lender Bank upon demand at such the Issuing LenderBank's address for notices specified herein an amount equal to such Tranche A L/C Participant's Revolving Tranche A Aggregate Exposure Percentage of the amount of such draft, or any part thereof, which that is not so reimbursed.

Appears in 1 contract

Samples: Credit Agreement (Pg&e Corp)

L/C Participations. (a) Effective on the Closing Date (with respect to the Existing Letters of Credit), and effective on the date of issuance thereof (with respect to Letters of Credit issued after the Closing Date), each The Issuing Lender irrevocably agrees to grant and hereby grants to each L/C Participant, and, to induce such the Issuing Lenders Lender to issue Letters of Credit hereunder, each L/C Participant irrevocably agrees to accept and purchase and hereby accepts and purchases from each the Issuing Lender, on the terms and conditions hereinafter stated, for such L/C Participant's own account and risk risk, an undivided interest equal to such L/C Participant's Revolving Percentage in such Pro Rata Share of the Issuing Lender's obligations and rights under and in respect of each Letter of Credit issued hereunder and the amount of each draft paid by such the Issuing Lender thereunder in accordance with the terms of this Agreementthereunder. Notwithstanding the provisions contained in the next to last sentence of subsection 3.5, each Each L/C Participant unconditionally and irrevocably agrees with each the Issuing Lender that, if a draft is paid under any Letter of Credit issued by such Issuing Lender for which such the Issuing Lender is not reimbursed in full by the Borrower for all Reimbursement Obligations through a Syndicated Loan or otherwise in accordance with the terms of this Agreement, such L/C Participant shall pay to such the Issuing Lender in the applicable Permitted Currency upon demand at such the Issuing Lender's address for notices specified herein an amount equal to such L/C Participant's Revolving Percentage Pro Rata Share of the amount of such draft, or any part thereof, which is not so reimbursed.

Appears in 1 contract

Samples: Choicepoint Inc

L/C Participations. (a) Effective on the Closing Date (with respect to the Existing Letters of Credit), and effective on the date of issuance thereof (with respect to Letters of Credit issued after the Closing Date), each Each Issuing Lender irrevocably agrees to grant and hereby grants to each L/C Participant, and, to induce such Issuing Lenders Lender to issue Letters of Credit hereunder, each L/C Participant irrevocably agrees to accept and purchase and hereby accepts and purchases from each such Issuing Lender, on the terms and conditions hereinafter stated, for such L/C Participant's ’s own account and risk risk, an undivided interest equal to such L/C Participant's ’s Revolving Credit Commitment Percentage in such Issuing Lender's ’s obligations and rights under each Letter of Credit issued hereunder and the amount of each draft paid by such Issuing Lender thereunder in accordance with the terms of this Agreementthereunder. Notwithstanding the provisions contained in the next to last sentence of subsection 3.5, each Each L/C Participant unconditionally and irrevocably agrees with each Issuing Lender that, if a draft is paid under any Letter of Credit issued by such Issuing Lender for which such Issuing Lender is not reimbursed in full by the Borrower for all Reimbursement Obligations Borrowers in accordance with the terms of this Agreement, such L/C Participant shall pay to such Issuing Lender upon demand at such Issuing Lender's ’s address for notices specified herein an amount equal to such L/C Participant's ’s Revolving Credit Commitment Percentage of the amount of such draft, or any part thereof, which is not so reimbursed.

Appears in 1 contract

Samples: Credit Agreement (Equifax Inc)

L/C Participations. (a) Effective on the Closing Date (with respect to the Existing Letters of Credit), and effective on the date of issuance thereof (with respect to Letters of Credit issued after the Closing Date), each Each Issuing Lender irrevocably agrees to grant and hereby grants to each L/C Participant, and, to induce such Issuing Lenders Lender to issue Letters of Credit hereunder, each L/C Participant irrevocably agrees to accept and purchase and hereby accepts and purchases from each such Issuing Lender, on the terms and conditions hereinafter stated, for such L/C Participant's own account and risk an undivided interest equal to such L/C Participant's Revolving Credit Commitment Percentage in such Issuing Lender's obligations and rights under each Letter of Credit issued hereunder and the amount of each draft paid by such Issuing Lender thereunder in accordance with the terms of this Agreementthereunder. Notwithstanding the provisions contained in the next to last sentence of subsection 3.5, each Each L/C Participant unconditionally and irrevocably agrees with each Issuing Lender that, if a draft is paid under any Letter of Credit issued by such Issuing Lender for which such Issuing Lender is not reimbursed in full by the Borrower for all Reimbursement Obligations in accordance with the terms of this Agreement, such L/C Participant shall pay to such Issuing Lender upon demand at such Issuing Lender's address for notices specified herein an amount equal to such L/C Participant's Revolving Credit Commitment Percentage of the amount of such draft, or any part thereof, which is not so reimbursed.

Appears in 1 contract

Samples: Credit Agreement (Jones Apparel Group Inc)

L/C Participations. (a) Effective on the Closing Date (with respect to the Existing Letters of Credit), and effective on the date of issuance thereof (with respect to Letters of Credit issued after the Closing Date), each The applicable Issuing Lender irrevocably agrees to grant and hereby grants to each L/C Participant, and, to induce such the applicable Issuing Lenders Lender to issue Letters of Credit hereunder, each L/C Participant irrevocably agrees to accept and purchase and hereby accepts and purchases from each such Issuing Lender, on the terms and conditions hereinafter stated, for such L/C Participant's ’s own account and risk risk, an undivided interest equal to such L/C Participant's Revolving Percentage in ’s Pro Rata Share of such Issuing Lender's ’s obligations and rights under and in respect of each Letter of Credit issued hereunder and the amount of each draft paid by such Issuing Lender thereunder in accordance with the terms of this Agreementthereunder. Notwithstanding the provisions contained in the next to last sentence of subsection 3.5, each Each L/C Participant unconditionally and irrevocably agrees with each the applicable Issuing Lender that, if a draft is paid under any Letter of Credit issued by such Issuing Lender for which such Issuing Lender is not reimbursed in full by the Borrower for all Reimbursement Obligations through a Syndicated Loan or otherwise in accordance with the terms of this Agreement, such L/C Participant shall pay to such Issuing Lender in the applicable Permitted Currency upon demand at such Issuing Lender's ’s address for notices specified herein an amount equal to such L/C Participant's Revolving Percentage ’s Pro Rata Share of the amount of such draft, or any part thereof, which is not so reimbursed.

Appears in 1 contract

Samples: Revolving Credit Agreement (Choicepoint Inc)

L/C Participations. (a) Effective on the Closing Date (with respect to the Existing Letters of Credit), and effective on the date of issuance thereof (with respect to Letters of Credit issued after the Closing Date), each Each Issuing Lender irrevocably agrees to grant and hereby grants to each L/C Participant, and, to induce such each Issuing Lenders Lender to issue Letters of Credit hereunder, each L/C Participant irrevocably agrees to accept and purchase and hereby accepts and purchases from each Issuing Lender, on the terms and conditions hereinafter stated, for such L/C Participant's own account and risk risk, an undivided interest equal to such L/C Participant's Revolving Credit Percentage in such each Issuing Lender's obligations and rights under each Letter of Credit issued by such Issuing Lender hereunder and the amount of each draft paid by such Issuing Lender thereunder in accordance with the terms of this Agreementthereunder. Notwithstanding the provisions contained in the next to last sentence of subsection 3.5, each Each L/C Participant unconditionally and irrevocably agrees with each Issuing Lender that, if a draft is paid under any Letter of Credit issued by such Issuing Lender for which such Issuing Lender is not reimbursed in full by the Borrower for all Reimbursement Obligations in accordance with the terms of this Agreement, such L/C Participant shall pay to such Issuing Lender upon demand at such Issuing Lender's address for notices specified herein direction an amount equal to such L/C Participant's Revolving Credit Percentage of the amount of such draft, or any part thereof, which that is not so reimbursed.

Appears in 1 contract

Samples: Credit Agreement (Anc Rental Corp)

L/C Participations. (a) Effective on the Closing Date (with respect to the Existing Letters of Credit), and effective on the date of issuance thereof (with respect to Letters of Credit issued after the Closing Date), each Each Issuing Lender irrevocably agrees to grant and hereby grants to each L/C Participant, and, to induce such each Issuing Lenders Lender to issue Letters of Credit hereunder, each L/C Participant irrevocably agrees to accept and purchase and hereby accepts and purchases from each such Issuing Lender, on the terms and conditions hereinafter stated, for such L/C Participant's ’s own account and risk an undivided interest equal to such L/C Participant's ’s Revolving Credit Commitment Percentage in such Issuing Lender's ’s obligations and rights under and in respect of each Letter of Credit issued hereunder and the amount of each draft paid by such Issuing Lender thereunder in accordance with the terms of this Agreementthereunder. Notwithstanding the provisions contained in the next to last sentence of subsection 3.5, each Each L/C Participant unconditionally and irrevocably agrees with each such Issuing Lender that, if a draft is paid under any Letter of Credit issued by such Issuing Lender for which such Issuing Lender is not reimbursed in full by the Borrower for all Reimbursement Obligations through a Revolving Credit Loan or otherwise in accordance with the terms of this Agreement, such L/C Participant shall pay to such Issuing Lender upon demand at such Issuing Lender's ’s address for notices specified herein an amount in Dollars equal to the Dollar Amount of such L/C Participant's ’s Revolving Credit Commitment Percentage of the amount of such draft, or any part thereof, which is not so reimbursed.

Appears in 1 contract

Samples: Credit Agreement (Owens Corning)

L/C Participations. (af) Effective on the Closing Date (with respect to the Existing Letters of Credit), and effective on the date of issuance thereof (with respect to Letters of Credit issued after the Closing Date), each Each Issuing Lender irrevocably agrees to grant and hereby grants to each L/C Participant, and, to induce such each Issuing Lenders Lender to issue Letters of Credit hereunder, each L/C Participant irrevocably agrees to accept and purchase and hereby accepts and purchases from each Issuing Lender, on the terms and conditions hereinafter stated, for such L/C Participant's ’s own account and risk an undivided interest equal to such L/C Participant's ’s Revolving Credit Commitment Percentage in such each Issuing Lender's ’s obligations and rights under and in respect of each Letter of Credit issued by it hereunder and the amount of each draft paid by such Issuing Lender thereunder in accordance with the terms of this Agreementthereunder. Notwithstanding the provisions contained in the next to last sentence of subsection 3.5, each Each L/C Participant unconditionally and irrevocably agrees with each Issuing Lender that, if a draft is paid under any Letter of Credit issued by such Issuing Lender for which such Issuing Lender is not reimbursed in full by the Borrower for all Reimbursement Obligations through a Revolving Credit Loan or otherwise in accordance with the terms of this Agreement, such L/C Participant shall pay to such Issuing Lender upon demand at such Issuing Lender's ’s address for notices specified herein an amount equal to such L/C Participant's ’s Revolving Credit Commitment Percentage of the amount of such draft, or any part thereof, which is not so reimbursed.

Appears in 1 contract

Samples: Credit Agreement (Fidelity National Financial, Inc.)

L/C Participations. (ai) Effective on the Closing Date (with respect to the Existing Letters of Credit), and effective on the date of issuance thereof (with respect to Letters of Credit issued after the Closing Date), each The Issuing Lender irrevocably agrees to grant and hereby grants to each L/C Participant, and, to induce such the Issuing Lenders Lender to issue Letters of Credit hereunder, each L/C Participant irrevocably agrees to accept and purchase and hereby accepts and purchases from each Issuing Lender, on the terms and conditions hereinafter stated, for such L/C Participant's ’s own account and risk an undivided interest equal to such L/C Participant's ’s Revolving A Loan Commitment Percentage in such the Issuing Lender's ’s obligations and rights under and in respect of each Letter of Credit issued by it hereunder and the amount of each draft paid by such the Issuing Lender thereunder in accordance with the terms of this Agreementthereunder. Notwithstanding the provisions contained in the next to last sentence of subsection 3.5, each Each L/C Participant unconditionally and irrevocably agrees with each the Issuing Lender that, if a draft is paid under any Letter of Credit issued by such the Issuing Lender for which such Issuing Lender is not reimbursed in full by the Borrower for all Reimbursement Obligations through a Revolving A Loan or otherwise in accordance with the terms of this Agreement, such L/C Participant shall pay to such the Issuing Lender upon demand at such the Issuing Lender's ’s address for notices specified herein an amount equal to such L/C Participant's ’s Revolving A Loan Commitment Percentage of the amount of such draft, or any part thereof, which is not so reimbursed.

Appears in 1 contract

Samples: Credit Agreement (Columbia Sportswear Co)

L/C Participations. (ai) Effective on the Closing Date (with respect to the Existing Letters of Credit), and effective on the date of issuance thereof (with respect to Letters of Credit issued after the Closing Date), each Each Issuing Lender irrevocably agrees to grant and hereby grants to each L/C Participant, and, to induce such each Issuing Lenders Lender to issue Letters of Credit hereunder, each L/C Participant irrevocably agrees to accept and purchase and hereby accepts and purchases from each Issuing Lender, on the terms and conditions hereinafter stated, for such L/C Participant's ’s own account and risk an undivided interest equal to such L/C Participant's Revolving Percentage ’s Pro Rata Share in such each Issuing Lender's ’s obligations and rights under and in respect of each Letter of Credit issued by it hereunder and the amount of each draft paid by such Issuing Lender thereunder in accordance with the terms of this Agreementthereunder. Notwithstanding the provisions contained in the next to last sentence of subsection 3.5, each Each L/C Participant unconditionally and irrevocably agrees with each Issuing Lender that, if a draft is paid under any Letter of Credit issued by such Issuing Lender for which such Issuing Lender is not reimbursed in full by the Borrower for all Reimbursement Obligations through a Revolving Loan or otherwise in accordance with the terms of this Agreement, such L/C Participant shall pay to such Issuing Lender upon demand at such Issuing Lender's ’s address for notices specified herein an the amount equal to such L/C Participant's Revolving Percentage ’s Pro Rata Share of the amount of such draft, or any part thereof, which is not so reimbursed.

Appears in 1 contract

Samples: Credit Agreement (Dick's Sporting Goods, Inc.)

L/C Participations. (a) Effective on the Closing Date (with respect to the Existing Letters of Credit), and effective on the date of issuance thereof (with respect to Letters of Credit issued after the Closing Date), each Each Issuing Lender irrevocably agrees to grant and hereby grants to each L/C Participant, and, to induce such each Issuing Lenders Lender to issue Letters of Credit hereunder, each L/C Participant irrevocably agrees to accept and purchase and hereby accepts and purchases from each Issuing Lender, on the terms and conditions hereinafter stated, for such L/C Participant's own account and risk risk, an undivided interest equal to such L/C Participant's Revolving Credit Percentage in such each Issuing Lender's obligations and rights under each Letter of Credit issued by such Issuing Lender hereunder and the amount of each draft paid by such Issuing Lender thereunder in accordance with the terms of this Agreementthereunder. Notwithstanding the provisions contained in the next to last sentence of subsection 3.5, each Each L/C Participant unconditionally and irrevocably agrees with each Issuing Lender that, if a draft is paid under any Letter of Credit issued by such Issuing Lender for which such Issuing Lender is not reimbursed in full by the Borrower for all Reimbursement Obligations in accordance with the terms of this Agreement, such L/C Participant shall pay to the Administrative Agent, for the account of such Issuing Lender Lender, upon demand at the Administrative Agent's Payment Office (and thereafter the Administrative Agent shall promptly pay to such Issuing Lender's address for notices specified herein ) an amount equal to such L/C Participant's Revolving Credit Percentage of the amount of such draft, or any part thereof, which that is not so reimbursed.

Appears in 1 contract

Samples: Credit Agreement (Beverly Enterprises Inc)

L/C Participations. (a) Effective on the Closing Date (with respect to the Existing Letters of Credit), and effective on the date of issuance thereof (with respect to Letters of Credit issued after the Closing Date), each Each Issuing Lender irrevocably agrees to grant and hereby grants to each applicable L/C Participant, and, to induce such each Issuing Lenders Lender to issue Letters of Credit hereunder, each applicable L/C Participant irrevocably agrees to accept and purchase and hereby accepts and purchases from each the relevant Issuing Lender, on the terms and conditions hereinafter statedset forth below, for such L/C Participant's ’s own account and risk an undivided interest equal to such L/C Participant's ’s Revolving Percentage in such each Issuing Lender's ’s obligations and rights under and in respect of each Letter of Credit issued hereunder by such Issuing Lender hereunder, in accordance with the terms hereof, and the amount of each draft paid by such Issuing Lender thereunder in accordance with the terms of this Agreementthereunder. Notwithstanding the provisions contained in the next to last sentence of subsection 3.5, each Each L/C Participant unconditionally and irrevocably agrees with each Issuing Lender that, if a draft is paid under any Letter of Credit issued by for which the Borrower is required to reimburse such Issuing Lender for which and such Issuing Lender is not reimbursed in full by the Borrower for all Reimbursement Obligations in accordance with the terms of this Agreement, such L/C Participant shall pay to the Administrative Agent upon demand of such Issuing Lender upon demand at such Issuing Lender's address for notices specified herein an amount equal to such L/C Participant's ’s Revolving Percentage of the amount of such draft, or any part thereof, which that is not so reimbursed. The Administrative Agent shall promptly forward such amounts to the relevant Issuing Lender.

Appears in 1 contract

Samples: Credit Agreement (Protection One Alarm Monitoring Inc)

L/C Participations. (ai) Effective on the Closing Date (with respect to the Existing Letters of Credit), and effective on the date of issuance thereof (with respect to Letters of Credit issued after the Closing Date), each Each Issuing Lender irrevocably agrees to grant and hereby grants to each L/C Participant, and, to induce such each Issuing Lenders Lender to issue Letters of Credit hereunder, each L/C Participant irrevocably agrees to accept and purchase and hereby accepts and purchases from each Issuing Lender, on the terms and conditions hereinafter stated, for such L/C Participant's ’s own account and risk an undivided interest equal to such L/C Participant's ’s Revolving Credit Commitment Percentage in such each Issuing Lender's ’s obligations and rights under and in respect of each Letter of Credit issued by it hereunder and the amount of each draft paid by such Issuing Lender thereunder in accordance with the terms of this Agreementthereunder. Notwithstanding the provisions contained in the next to last sentence of subsection 3.5, each Each L/C Participant unconditionally and irrevocably agrees with each Issuing Lender that, if a draft is paid under any Letter of Credit issued by such Issuing Lender for which such Issuing Lender is not reimbursed in full by the Borrower for all Reimbursement Obligations Borrowers through a Revolving Credit Loan or otherwise in accordance with the terms of this Agreement, such L/C Participant shall pay to such Issuing Lender upon demand at such Issuing Lender's ’s address for notices specified herein an amount equal to such L/C Participant's ’s Revolving Credit Commitment Percentage of the amount of such draft, or any part thereof, which is not so reimbursed.

Appears in 1 contract

Samples: Credit Agreement (Centuri Holdings, Inc.)

L/C Participations. (a) Effective on the Closing Date (with respect to the Existing Letters of Credit), and effective on the date of issuance thereof (with respect to Letters of Credit issued after the Closing Date), each Each Issuing Lender irrevocably agrees to grant and hereby grants to each L/C Participant, and, to induce such Issuing Lenders Lender to issue Letters of Credit hereunder, each L/C Participant irrevocably agrees to accept and purchase and hereby accepts and purchases from each such Issuing Lender, on the terms and conditions hereinafter stated, for such L/C Participant's own account and risk risk, an undivided interest equal to such L/C Participant's Revolving Credit Commitment Percentage in such Issuing Lender's obligations and rights under each Letter of Credit issued hereunder and the amount of each draft paid by such Issuing Lender thereunder in accordance with the terms of this Agreementthereunder. Notwithstanding the provisions contained in the next to last sentence of subsection 3.5, each Each L/C Participant unconditionally and irrevocably agrees with each Issuing Lender that, if a draft is paid under any Letter of Credit issued by such Issuing Lender for which such Issuing Lender is not reimbursed in full by the Borrower for all Reimbursement Obligations Borrowers in accordance with the terms of this Agreement, such L/C Participant shall pay to such Issuing Lender upon demand at such Issuing Lender's address for notices specified herein an amount equal to such L/C Participant's Revolving Credit Commitment Percentage of the amount of such draft, or any part thereof, which is not so reimbursed.

Appears in 1 contract

Samples: Credit Agreement (Equifax Inc)

L/C Participations. (a) Effective on the Closing Date (with respect to the Existing Letters of Credit), and effective on the date of issuance thereof (with respect to Letters of Credit issued after the Closing Date), each The Issuing Lender irrevocably agrees to grant and hereby grants to each L/C Participant, and, to induce such the Issuing Lenders Lender to issue Letters of Credit hereunder, each L/C Participant irrevocably agrees to accept and purchase and hereby accepts and purchases from each the Issuing Lender, on the terms and conditions hereinafter stated, for such L/C Participant's ’s own account and risk an undivided interest equal to such L/C Participant's Revolving ’s Commitment Percentage in such the Issuing Lender's ’s obligations and rights under and in respect of each Letter of Credit issued hereunder and the amount of each draft paid by such the Issuing Lender thereunder in accordance with the terms of this Agreementthereunder. Notwithstanding the provisions contained in the next to last sentence of subsection 3.5, each Each L/C Participant unconditionally and irrevocably agrees with each the Issuing Lender that, if a draft is paid under any Letter of Credit issued by such Issuing Lender for which such the Issuing Lender is not reimbursed in full by the Borrower for all Reimbursement Obligations through a Revolving Credit Loan or otherwise in accordance with the terms of this Agreement, such L/C Participant shall pay to such the Issuing Lender in the applicable Permitted Currency upon demand at such the Issuing Lender's ’s address for notices specified herein an amount equal to such L/C Participant's Revolving ’s Commitment Percentage of the amount of such draft, or any part thereof, which is not so reimbursed.

Appears in 1 contract

Samples: Revolving Credit Agreement (BlackRock Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.