Common use of Advances Automatic; Participations Clause in Contracts

Advances Automatic; Participations. (i) In the event that Agent or any Revolving Lender shall make any payment on or pursuant to any Letter of Credit Obligation, such payment shall men be deemed automatically to constitute a Revolving Credit Advance to the applicable Borrower under Section 1.1(a) of the Agreement regardless of whether a Default or Event of Default has occurred and is continuing and notwithstanding any Borrower’s failure to satisfy the conditions precedent set forth in Section 2, and each Revolving Lender shall be obligated to pay its Pro Rata Share thereof in accordance with the Agreement. The failure of any Revolving Lender to make available to Agent for Agent’s own account its Pro Rata Share of any such Revolving Credit Advance or payment by Agent under or in respect of a Letter of Credit shall not relieve any other Revolving Lender of its obligation hereunder to make available to Agent its Pro Rata Share thereof, but no Revolving Lender shall be responsible for the failure of any other Revolving Lender to make available such other Revolving Lender’s Pro Rata Share of any such payment.

Appears in 3 contracts

Samples: Credit Agreement (H&E Equipment Services, Inc.), Credit Agreement (H&E Equipment Services, Inc.), Credit Agreement (H&E Equipment Services, Inc.)

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Advances Automatic; Participations. (i) In the event that Administrative Agent or any Revolving Lender shall make any payment to an L/C Issuer on or pursuant to any Letter of Credit Obligation, such payment shall men then be deemed automatically to constitute a Revolving Credit an Advance to the applicable Borrower under Section 1.1(a2.1(a) of the Agreement regardless of whether a Default or Event of Default has shall have occurred and is be continuing and notwithstanding any the Borrower’s failure to satisfy the conditions precedent set forth in Section 2Article III, and each Revolving Lender shall be obligated to pay its Pro Rata Share thereof in accordance with the this Agreement. The failure of any Revolving Lender to make available to Administrative Agent for Agent’s own account its Pro Rata Share of any such Revolving Credit Advance or payment by Administrative Agent under or in respect of a Letter of Credit shall not relieve any other Revolving Lender of its obligation hereunder to make available to Administrative Agent its Pro Rata Share thereof, but no Revolving Lender shall be responsible for the failure of any other Revolving Lender to make available such other Revolving Lender’s Pro Rata Share of any such payment.

Appears in 3 contracts

Samples: First Lien Credit and Guaranty Agreement (RadNet, Inc.), Credit and Guaranty Agreement (RadNet, Inc.), Credit and Guaranty Agreement (RadNet, Inc.)

Advances Automatic; Participations. (i) In the event that Agent or any Revolving Lender shall make any payment on or pursuant to any Letter of Credit Obligation, such payment shall men then be deemed automatically to constitute a Revolving Credit Advance to the applicable Borrower under Section 1.1(aSECTION 1.1(A) of the Agreement regardless of whether a Default or Event of Default has occurred and is continuing and notwithstanding any Borrower’s 's failure to satisfy the conditions precedent set forth in Section SECTION 2, and each Revolving Lender shall be obligated to pay its Pro Rata Share thereof in accordance with the Agreement. The failure of any Revolving Lender to make available to Agent for Agent’s 's own account its Pro Rata Share of any such Revolving Credit Advance or payment by Agent under or in respect of a Letter of Credit shall not relieve any other Revolving Lender of its obligation hereunder to make available to Agent its Pro Rata Share thereof, but no Revolving Lender shall be responsible for the failure of any other Revolving Lender to make available such other Revolving Lender’s 's Pro Rata Share of any such payment.

Appears in 1 contract

Samples: Credit Agreement (Ddi Corp)

Advances Automatic; Participations. (i) In the event that ---------------------------------- Administrative Agent or any Revolving Lender shall make any payment on or pursuant to any Letter of Credit Obligation, such payment shall men then be deemed automatically to constitute a Revolving Credit Advance to the applicable Borrower under Section ------- 1.1(a) of the Agreement regardless of whether a Default or Event of Default has ------ shall have occurred and is be continuing and notwithstanding any Borrower’s 's failure to satisfy the conditions precedent set forth in Section 2, and each Revolving Lender --------- shall be obligated to pay its Pro Rata Share thereof in accordance with the Agreement. The failure of any Revolving Lender to make available to Administrative Agent for Administrative Agent’s 's own account its Pro Rata Share of any such Revolving Credit Advance or payment by Administrative Agent under or in respect of a Letter of Credit shall not relieve any other Revolving Lender of its obligation hereunder to make available to Administrative Agent its Pro Rata Share thereof, but no Revolving Lender shall be responsible for the failure of any other Revolving Lender to make available such other Revolving Lender’s 's Pro Rata Share of any such payment.

Appears in 1 contract

Samples: Credit Agreement (Bon Ton Stores Inc)

Advances Automatic; Participations. (i) In the event that ---------------------------------- Agent or any Revolving Lender shall make any payment on or pursuant to any Letter of Credit Obligation, such payment shall men then be deemed automatically to constitute a Revolving Credit Advance to the applicable Borrower under Section 1.1(a) of the Agreement -------------- regardless of whether a Default or Event of Default has occurred and is continuing and notwithstanding any Borrower’s 's failure to satisfy the conditions precedent set forth in Section 2, and each Revolving Lender shall be obligated --------- to pay its Pro Rata Share thereof in accordance with the Agreement. The failure of any Revolving Lender to make available to Agent for Agent’s 's own account its Pro Rata Share of any such Revolving Credit Advance or payment by Agent under or in respect of a Letter of Credit shall not relieve any other Revolving Lender of its obligation hereunder to make available to Agent its Pro Rata Share thereof, but no Revolving Lender shall be responsible for the failure of any other Revolving Lender to make available such other Revolving Lender’s 's Pro Rata Share of any such payment.

Appears in 1 contract

Samples: Credit Agreement (Measurement Specialties Inc)

Advances Automatic; Participations. (i) In the event that If Administrative Agent or any Revolving Lender shall make any payment to an L/C Issuer on or pursuant to any Letter of Credit Obligation, such payment shall men then be deemed automatically to constitute a Revolving Credit an Advance to the applicable Borrower under Section 1.1(a2.1(a) of the Agreement regardless of whether a Default or Event of Default has shall have occurred and is be continuing and notwithstanding any Borrower’s failure to satisfy the conditions precedent set forth in Section 23, and each Revolving Lender shall be obligated to pay its Pro Rata Share thereof in accordance with the this Agreement. The failure of any Revolving Lender to make available to Administrative Agent for Agent’s own account its Pro Rata Share of any such Revolving Credit Advance or payment by Administrative Agent under or in respect of a Letter of Credit shall not relieve any other Revolving Lender of its obligation hereunder to make available to Administrative Agent its Pro Rata Share thereof, but no Revolving Lender shall be responsible for the failure of any other Revolving Lender to make available such other Revolving Lender’s Pro Rata Share of any such payment.

Appears in 1 contract

Samples: Credit Agreement (Chuy's Holdings, Inc.)

Advances Automatic; Participations. (i) In the event that Agent or any Revolving Lender shall make any payment on or pursuant to any Letter of Credit Obligation, such payment shall men then be deemed automatically to constitute a Revolving Credit Advance to the applicable Borrower under Section 1.1(a) of the Agreement regardless of whether a Default or Event of Default has shall have occurred and is be continuing and notwithstanding any Borrower’s 's failure to satisfy the conditions precedent set forth in Section 2, and each Revolving Lender shall be obligated to pay its Pro Rata Share thereof in accordance with the Agreement. The failure of any Revolving Lender to make available to Agent for Agent’s 's own account its Pro Rata Share of any such Revolving Credit Advance or payment by Agent under or in respect of a Letter of Credit shall not relieve any other Revolving Lender of its obligation hereunder to make available to Agent its Pro Rata Share thereof, but no Revolving Lender shall be responsible for the failure 109 of any other Revolving Lender to make available such other Revolving Lender’s 's Pro Rata Share of any such payment.

Appears in 1 contract

Samples: Credit Agreement (Home Products International Inc)

Advances Automatic; Participations. (i) In the event that Agent or any Revolving Lender shall make any payment on or pursuant to any Letter of Credit Obligation, such payment shall men then be deemed automatically to constitute a Revolving Credit Advance to the applicable Borrower under Section SECTION 1.1(a) of the Agreement regardless of whether a Default or Event of Default has occurred and is continuing and notwithstanding any Borrower’s 's failure to satisfy the conditions precedent set forth in Section SECTION 2, and each Revolving Lender shall be obligated to pay its Pro Rata Share thereof in accordance with the Agreement. The failure of any Revolving Lender to make available to Agent for Agent’s 's own account its Pro Rata Share of any such Revolving Credit Advance or payment by Agent under or in respect of a Letter of Credit shall not relieve any other Revolving Lender of its obligation hereunder to make available to Agent its Pro Rata Share thereof, but no Revolving Lender shall be responsible for the failure of any other Revolving Lender to make available such other Revolving Lender’s 's Pro Rata Share of any such payment.

Appears in 1 contract

Samples: Credit Agreement (Ddi Corp)

Advances Automatic; Participations. (i) In the event that Agent or any ---------------------------------- Revolving Lender shall make any payment on or pursuant to any Letter of Credit Obligation, such payment shall men then be deemed automatically to constitute a Revolving Credit Advance to the applicable Borrower under Section 1.1(a) of the Agreement regardless of -------------- whether a Default or Event of Default has shall have occurred and is be continuing and notwithstanding any Borrower’s 's failure to satisfy the conditions precedent set forth in Section 2, and each Revolving Lender shall be obligated to pay its Pro Rata --------- Share thereof in accordance with the Agreement. The failure of any Revolving Lender to make available to Agent for Agent’s 's own account its Pro Rata Share of any such Revolving Credit Advance or payment by Agent under or in respect of a Letter of Credit shall not relieve any other Revolving Lender of its obligation hereunder to make available to Agent its Pro Rata Share thereof, but no Revolving Lender shall be responsible for the failure of any other Revolving Lender to make available such other Revolving Lender’s 's Pro Rata Share of any such payment.

Appears in 1 contract

Samples: Credit Agreement (Callaway Golf Co /Ca)

Advances Automatic; Participations. (i) In the event that Administrative Agent or any Revolving Lender shall make any payment on or pursuant to any Letter of Credit Obligation, such payment shall men then be deemed automatically to constitute a Revolving Credit Advance to the applicable Borrower under Section 1.1(a) of the Agreement regardless of whether a Default or Event of Default has shall have occurred and is be continuing and notwithstanding any Borrower’s 's failure to satisfy the conditions precedent set forth in Section 2, and each Revolving Lender shall be obligated to pay its Pro Rata Share thereof in accordance with the Agreement. The failure of any Revolving Lender to make available to Administrative Agent for Administrative Agent’s 's own account its Pro Rata Share of any such Revolving Credit Advance or payment by Administrative Agent under or in respect of a Letter of Credit shall not relieve any other Revolving Lender of its obligation hereunder to make available to Administrative Agent its Pro Rata Share thereof, but no Revolving Lender shall be responsible for the failure of any other Revolving Lender to make available such other Revolving Lender’s 's Pro Rata Share of any such payment.

Appears in 1 contract

Samples: Credit Agreement (Bon Ton Stores Inc)

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Advances Automatic; Participations. (i) In the event that Administrative Agent or any Revolving Lender shall make any payment on or pursuant to any Letter of Credit Obligation, such payment shall men then be deemed automatically to constitute a Revolving Credit Advance Loan to the applicable Borrower under Section 1.1(a2.01(a) of the Agreement regardless of whether a Default or an Event of Default has occurred and is continuing and notwithstanding any Borrower’s 's failure to satisfy the conditions precedent set forth in Section 25.02, and each Revolving Lender shall be obligated to pay its Pro Rata Share thereof in accordance with the Agreement. The failure of any Revolving Lender to make available to Administrative Agent for Administrative Agent’s 's own account its Pro Rata Share of any such Revolving Credit Advance Loan or payment by Administrative Agent under or in respect of a Letter of Credit shall not relieve any other Revolving Lender of its obligation hereunder to make available to Administrative Agent its Pro Rata Share thereof, but no Revolving Lender shall be responsible for the failure of any other Revolving Lender to make available such other Revolving Lender’s 's Pro Rata Share of any such payment.

Appears in 1 contract

Samples: Credit Agreement (Barneys New York Inc)

Advances Automatic; Participations. (i) In the event that Agent or any Revolving Lender shall make any payment on or pursuant to any Letter of Credit Obligation, such payment shall men then be deemed automatically to constitute a Revolving Credit Advance to the applicable Borrower under Section 1.1(a) of B-1 the Agreement regardless of whether a Default or Event of Default has occurred and is continuing and notwithstanding any Borrower’s 's failure to satisfy the conditions precedent set forth in Section 2, and each Revolving Lender shall be obligated to pay its Pro Rata Share thereof in accordance with the Agreement. The failure of any Revolving Lender to make available to Agent for Agent’s 's own account its Pro Rata Share of any such Revolving Credit Advance or payment by Agent under or in respect of a Letter of Credit shall not relieve any other Revolving Lender of its obligation hereunder to make available to Agent its Pro Rata Share thereof, but no Revolving Lender shall be responsible for the failure of any other Revolving Lender to make available such other Revolving Lender’s 's Pro Rata Share of any such payment.

Appears in 1 contract

Samples: Credit Agreement (H&e Finance Corp)

Advances Automatic; Participations. (i) In the event that Agent ---------------------------------- or any Revolving Lender shall make any payment on or pursuant to any Letter of Credit Obligation, such payment shall men then be deemed automatically to constitute a Revolving Credit Advance to the applicable Borrower under Section 1.1(a) of the Agreement regardless of -------------- whether a Default or Event of Default has shall have occurred and is be continuing and notwithstanding any Borrower’s 's failure to satisfy the conditions precedent set forth in Section 2, and each Revolving Lender shall be obligated to pay its Pro Rata --------- Share thereof in accordance with the Agreement. The failure of any Revolving Lender to make available to Agent for Agent’s 's own account its Pro Rata Share of any such Revolving Credit Advance or payment by Agent under or in respect of a Letter of Credit shall not relieve any other Revolving Lender of its obligation hereunder to make available to Agent its Pro Rata Share thereof, but no Revolving Lender shall be responsible for the failure of any other Revolving Lender to make available such other Revolving Lender’s 's Pro Rata Share of any such payment.

Appears in 1 contract

Samples: Credit Agreement (Callaway Golf Co /Ca)

Advances Automatic; Participations. (i) In the event that Agent or any Revolving Lender L/C Issuer shall make any payment on or pursuant to any Letter of Credit Obligation, such payment shall men then be deemed automatically to constitute a Revolving Credit Advance to the applicable Borrower under Section 1.1(a) of the Agreement regardless of whether a Default or Event of Default has occurred and is continuing and notwithstanding any Borrower’s 's failure to satisfy the conditions precedent set forth in Section 2, and each Revolving Lender shall be obligated to pay its Pro Rata Share thereof in accordance with the Agreement. The failure of any Revolving Lender to make available to Administrative Agent for Administrative Agent’s 's own account its Pro Rata Share of any such Revolving Credit Advance or payment by Administrative Agent under or in respect of a Letter of Credit shall not relieve any other Revolving Lender of its obligation hereunder to make available to Administrative Agent its Pro Rata Share thereof, but no Revolving Lender shall be responsible for the failure of any other Revolving Lender to make available such other Revolving Lender’s 's Pro Rata Share of any such payment.

Appears in 1 contract

Samples: Credit Agreement (Kmart Holding Corp)

Advances Automatic; Participations. (i) In the event that Agent or any Revolving Lender shall make any payment on or pursuant to any Letter of Credit Obligation, such payment shall men then be deemed automatically to constitute a Revolving Credit Advance to the applicable Borrower under Section 1.1(a) of the Agreement regardless of whether a Default or Event of Default has shall have occurred and is be continuing and notwithstanding any Borrower’s 's failure to satisfy the conditions precedent set forth in Section 2, and each Revolving Lender shall be obligated to pay its Pro Rata Share thereof in accordance with the Agreement. The failure of any Revolving Lender to make available to Agent for Agent’s 's own account its Pro Rata Share of any such Revolving Credit Advance or payment by Agent under or in respect of a Letter of Credit shall not relieve any other Revolving Lender of its obligation hereunder to make available to Agent its Pro Rata Share thereof, but no Revolving Lender shall be responsible for the failure of any other Revolving Lender to make available such other Revolving Lender’s 's Pro Rata Share of any such payment.

Appears in 1 contract

Samples: Credit Agreement (Verdant Brands Inc)

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