Common use of Purchase of Participations Clause in Contracts

Purchase of Participations. Immediately upon issuance by the Letter of Credit Issuer of any Letter of Credit in accordance with the procedures set forth in Section 11.04, each Lender shall be deemed to have irrevocably and unconditionally purchased and received from the Letter of Credit Issuer, without recourse or warranty, an undivided interest and participation, to the extent of such Lender’s ratable share of the aggregate Revolver Commitments, in such Letter of Credit; provided, that a Letter of Credit shall not be entitled to the benefits of this Section 11.06 if the Letter of Credit Issuer shall have received written notice from any Lender on or before the Domestic Business Day immediately prior to the date of the Letter of Credit Issuer’s issuance of such Letter of Credit that one or more of the conditions contained in Section 11.03 or Article III is not then satisfied, and, in the event the Letter of Credit Issuer receives such a notice, it shall have no further obligation to issue any Letter of Credit until such notice is withdrawn by that Lender or until the Required Lenders have effectively waived such condition in accordance with the provisions of this Agreement.

Appears in 3 contracts

Samples: Credit Agreement (St Joe Co), Credit Agreement (Trex Co Inc), Credit Agreement (St Joe Co)

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Purchase of Participations. Immediately upon issuance by the Letter of Credit Issuer of any Letter of Credit in accordance with the procedures set forth in Section 11.04, each Lender shall be deemed to have irrevocably and unconditionally purchased and received from the Letter of Credit Issuer, without recourse or warranty, an undivided interest and participation, to the extent of such Lender’s ratable share of the aggregate Revolver Commitments, in such Letter of Credit; provided, that a Letter of Credit shall not be entitled to the benefits of this Section 11.06 if the Letter of Credit Issuer shall have received written notice from any Lender or Loan Party on or before the Domestic Business Day immediately prior to the date of the Letter of Credit Issuer’s issuance of such Letter of Credit that one or more of the conditions contained in Section 11.03 or Article III is not then satisfied, and, in the event the Letter of Credit Issuer receives such a notice, it shall have no further obligation to issue any Letter of Credit until such notice is withdrawn by that Lender or Loan Party or until the Required Lenders have effectively waived such condition in accordance with the provisions of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Trex Co Inc)

Purchase of Participations. Immediately upon issuance by the Letter of Credit Issuer Issuing Bank of any Letter of Credit in accordance with the procedures set forth in Section 11.043.04, each Lender shall be deemed to have irrevocably and unconditionally purchased and received from the Letter of Credit IssuerIssuing Bank, without recourse or warranty, an undivided interest and participation, to the extent of such Lender’s 's ratable share of the aggregate Revolver Revolving Credit Commitments, in such Letter of Credit; provided, that a Letter of Credit shall not be entitled to the benefits of this Section 11.06 3.06 if the Letter of Credit Issuer Issuing Bank shall have received written notice from any Lender on or before the Domestic Business Day immediately prior to the date of the Letter of Credit Issuer’s Issuing Bank's issuance of such Letter of Credit that one or more of the conditions contained in Section 11.03 3.02 or 3.03 or Article III IV is not then satisfied, and, in the event the Letter of Credit Issuer Issuing Bank receives such a notice, it shall have no further obligation to issue any Letter of Credit until such notice is withdrawn by that Lender or until the Required Lenders have effectively waived such condition in accordance with the provisions of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Cadmus Communications Corp/New)

Purchase of Participations. Immediately upon issuance by the Letter of Credit Issuer Wachovia of any Letter of Credit in accordance with the procedures set forth in Section 11.04SECTION 2.17, each Lender shall be deemed to have irrevocably and unconditionally purchased and received from the Letter of Credit IssuerWachovia, without recourse or warranty, an undivided interest and participation, to the extent of such Lender’s ratable share 's Commitment Percentage of the aggregate Revolver Commitments, in such Letter of CreditCredit (or guaranty pertaining thereto); provided, that a Letter of Credit shall not be entitled to the benefits of this Section 11.06 SECTION 2.19 if the Letter of Credit Issuer Agent and Wachovia shall have received written notice from any Lender on or before the Domestic Business Day immediately prior to the date of the Letter of Credit Issuer’s Wachovia's issuance of such Letter of Credit that one or more of the conditions contained in Section 11.03 SECTION 2.17 or Article III ARTICLE 4 is not then satisfied, and, in the event the Letter of Credit Issuer Agent and Wachovia receives such a notice, it shall have no further obligation to to, and shall not, issue any Letter of Credit until such notice is withdrawn by that Lender or until the Required Lenders have effectively waived such condition in accordance with the provisions of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Crown Crafts Inc)

Purchase of Participations. Immediately upon issuance by the Letter of Credit Issuer of any Letter of Credit in accordance with the procedures set forth in Section 11.04, each Lender shall be deemed to have irrevocably and unconditionally purchased and received from the Letter of Credit Issuer, without recourse or warranty, an undivided interest and participation, to the extent of such Lender’s ratable share of the aggregate Revolver Commitments, in such Letter of Credit; provided, that a Letter of Credit shall not be entitled to the benefits of this Section 11.06 if the Letter of Credit Issuer shall have received written notice from any Lender on or before the Domestic Business Day immediately prior to the date of the Letter of Credit Issuer’s 's issuance of such Letter of Credit that one or more of the conditions contained in Section 11.03 or Article III is not then satisfied, and, in the event the Letter of Credit Issuer receives such a notice, it shall have no further obligation to issue any Letter of Credit until such notice is withdrawn by that Lender or until the Required Lenders have effectively waived such condition in accordance with the provisions of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Usa Truck Inc)

Purchase of Participations. Immediately upon issuance by the Letter of Credit Issuer of any Letter of Credit in accordance with the procedures set forth in Section 11.043.04, each Lender Bank shall be deemed to have irrevocably and unconditionally purchased and received from the Letter of Credit Issuer, without recourse or warranty, an undivided interest and participation, to the extent of such Lender’s Bank's ratable share of the aggregate Revolver Revolving Credit Commitments, in such Letter of Credit; provided, that a Letter of Credit shall not be entitled to the benefits of this Section 11.06 3.06 if the Letter of Credit Issuer shall have received written notice from any Lender Bank on or before the Domestic Business Day immediately prior to the date of the Letter of Credit Issuer’s 's issuance of such Letter of Credit that one or more of the conditions contained in Section 11.03 3.02 or 3.03 or Article III IV is not then satisfied, and, in the event the Letter of Credit Issuer receives such a notice, it shall have no further obligation to issue any Letter of Credit until such notice is withdrawn by that Lender Bank or until the Required Lenders Banks have effectively waived such condition in accordance with the provisions of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Cadmus Communications Corp/New)

Purchase of Participations. Immediately upon issuance by the Letter of Credit Issuer Issuing Bank of any Letter of Credit in accordance with the procedures set forth in Section 11.043.04, each Revolving Lender shall be deemed to have irrevocably and unconditionally purchased and received from the Letter of Credit IssuerIssuing Bank, without recourse or warranty, an undivided interest and participation, to the extent of such Revolving Lender’s ratable share of the aggregate Revolver Revolving Commitments, in such Letter of Credit; provided, that a Letter of Credit shall not be entitled to the benefits of this Section 11.06 3.06 if the Letter of Credit Issuer Issuing Bank shall have received written notice from any Revolving Lender on or before the Domestic Business Day immediately prior to the date of the Letter of Credit IssuerIssuing Bank’s issuance of such Letter of Credit that one or more of the conditions contained in Section 11.03 3.03 or Article III IV is not then satisfied, and, in the event the Letter of Credit Issuer Issuing Bank receives such a notice, it shall have no further obligation to issue any Letter of Credit until such notice is withdrawn by that Revolving Lender or until the Required Lenders have effectively waived such condition in accordance with the provisions of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Avocent Corp)

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Purchase of Participations. Immediately upon issuance by the Letter of Credit Issuer of any Letter of Credit in accordance with the procedures set forth in Section 11.04SECTION 2.17, each Lender shall be deemed to have irrevocably and unconditionally purchased and received from the Letter of Credit LC Issuer, without recourse or warranty, an undivided interest and participation, to the extent of such Lender’s ratable share 's Commitment Percentage of the aggregate Revolver Commitments, in such Letter of CreditCredit (or guaranty pertaining thereto); provided, that a Letter of Credit shall not be entitled to the benefits of this Section 11.06 SECTION 2.20 if the Letter of Credit Agent and the LC Issuer shall have received written notice from any Lender on or before the Domestic Business Day immediately prior to the date of the Letter of Credit LC Issuer’s 's issuance of such Letter of Credit that one or more of the conditions contained in Section 11.03 SECTION 2.17 or Article III ARTICLE 9 is not then satisfied, and, in the event the Letter of Credit Agent and the LC Issuer receives such a notice, it shall have no further obligation to issue any Letter of Credit until such notice is withdrawn by that Lender or until the Required Lenders have effectively waived such condition in accordance with the provisions of this Agreement.

Appears in 1 contract

Samples: Credit and Security Agreement (Belden Inc)

Purchase of Participations. Immediately upon issuance by the Letter of Credit Issuer of any Letter of Credit in accordance with the procedures set forth in Section 11.04, each Lender shall be deemed to have irrevocably and unconditionally purchased and received from the Letter of Credit Issuer, without recourse or warranty, an undivided interest and participation, to the extent of such Lender’s ratable share of the aggregate Revolver CommitmentsApplicable Percentage, in such Letter of Credit; provided, that a Letter of Credit shall not be entitled to the benefits of this Section 11.06 if the Letter of Credit Issuer shall have received written notice from any Lender on or before the Domestic Business Day immediately prior to the date of the Letter of Credit Issuer’s issuance of such Letter of Credit that one or more of the conditions contained in Section 11.03 or Article III is not then satisfied, and, in the event the Letter of Credit Issuer receives such a notice, it shall have no further obligation to issue any Letter of Credit until such notice is withdrawn by that Lender or until the Required Lenders have effectively waived such condition in accordance with the provisions of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Trex Co Inc)

Purchase of Participations. Immediately upon issuance by the Letter of Credit Issuer Wachovia of any Letter of Credit in accordance with the procedures set forth in Section 11.04SECTION 2.17, each Lender shall be deemed to have irrevocably and unconditionally purchased and received from the Letter of Credit IssuerWachovia, without recourse or warranty, an undivided interest and participation, to the extent of such Lender’s ratable share 's Commitment Percentage of the aggregate Revolver Commitments, in such Letter of CreditCredit (or guaranty pertaining thereto); provided, that a Letter of Credit shall not be entitled to the benefits of this Section 11.06 SECTION 2.19 if the Letter of Credit Issuer Agent and Wachovia shall have received written notice from any Lender on or before the Domestic Business Day immediately prior to the date of the Letter of Credit Issuer’s Wachovia's issuance of such Letter of Credit that one or more of the conditions contained in Section 11.03 SECTION 2.17 or Article III ARTICLE 9 is not then satisfied, and, in the event the Letter of Credit Issuer Wachovia receives such a notice, it shall have no further obligation to issue any Letter of Credit until such notice is withdrawn by that Lender or until the Required Lenders have effectively waived such condition in accordance with the provisions of this Agreement.

Appears in 1 contract

Samples: Credit and Security Agreement (Thomas & Betts Corp)

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