Common use of Advances Automatic; Participations Clause in Contracts

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

Appears in 1 contract

Samples: Credit Agreement (Ames Department Stores Inc)

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Advances Automatic; Participations. In the event that Agent or any Tranche A Revolving Lender shall make any payment on or pursuant to any Letter of Credit ObligationObligation (including without limitation any Letter of Credit Obligation relating to a Letter of Credit issued pursuant to the Existing Credit Agreement), such payment shall then be deemed automatically to constitute a Tranche A Revolving Credit Advance under Section 1.1(a) of the Agreement regardless of whether a Default or Event of Default has occurred and is continuing and notwithstanding Borrower's failure to satisfy the conditions precedent set forth in Section 2, and each Tranche A Revolving Lender shall be obligated to pay its Pro Rata Share thereof in accordance with the Agreement. The failure of any Tranche A Revolving Lender to make available to Agent for Agent's own account its Pro Rata Share of any such Tranche A Revolving Credit Advance or payment by Agent under or in respect of a Letter of Credit shall not relieve any other Tranche A Revolving Lender of its obligation hereunder to make available to Agent its Pro Rata Share thereof, but no Tranche A Revolving Lender shall be responsible for the failure of any other Tranche A Revolving Lender to make available such other Tranche A Revolving Lender's Pro Rata Share of any such payment.

Appears in 1 contract

Samples: Credit Agreement (Butler International Inc /Md/)

Advances Automatic; Participations. In the event that Agent the L/C Issuer makes or any Tranche A Revolving Lender shall is required to make any payment on or pursuant to any Letter of Credit ObligationCredit, (1) it shall promptly notify the Administrative Agent and the Administrative Borrower thereof, (2) Administrative Agent shall pay the L/C Issuer the amount of such payment within one Business Day after receipt of such notice, (3) such payment shall then be deemed automatically to constitute be a Tranche A Revolving Credit Advance to the Borrowers under Section 1.1(aSECTION 2.01(a) of the Agreement Agreement, regardless of whether a Default or Event of Default has occurred and is continuing and notwithstanding Borrower's any failure to satisfy the conditions precedent set forth in Section 2ARTICLE V, and each Tranche A Revolving Lender shall be obligated to pay its Pro Rata Share thereof to the Administrative Agent in accordance with the Agreement. The failure of any Tranche A Revolving Lender to make available to the Administrative Agent for the Administrative Agent's ’s own account its Pro Rata Share of any such Tranche A Revolving Credit Advance or payment by the Administrative Agent under or in respect of a Letter of Credit to the L/C Issuer shall not relieve any other Tranche A Revolving Lender of its obligation hereunder to make available to the Administrative Agent its Pro Rata Share thereof, but no Tranche A Revolving Lender shall be responsible for the failure of any other Tranche A Revolving Lender to make available such other Tranche A Revolving Lender's ’s Pro Rata Share of any such payment.

Appears in 1 contract

Samples: Revolving Credit Agreement (James River Coal CO)

Advances Automatic; Participations. In the event that Agent or any Tranche A Revolving Lender shall make any payment on or pursuant to any Letter of Credit Obligation, such payment shall then be deemed automatically to constitute a Tranche A Revolving Credit Advance 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 Borrower's failure to satisfy the conditions precedent set forth in Section 2, and each Tranche A Revolving Lender shall be obligated to pay its Pro Rata Share thereof in accordance with the Agreement. The failure of any Tranche A Revolving Lender to make available to Agent for Agent's own account its Pro Rata Share of any such Tranche A Revolving Credit Advance or payment by Agent under or in respect of a Letter of Credit shall not relieve any other Tranche A Revolving Lender of its obligation hereunder to make available to Agent its Pro Rata Share thereof, but no Tranche A Revolving Lender shall be responsible for the failure of any other Tranche A Revolving Lender to make available such other Tranche A Revolving Lender's Pro Rata Share of any such payment.

Appears in 1 contract

Samples: Credit Agreement (Filenes Basement Corp)

Advances Automatic; Participations. In the event that Agent or any Tranche A Revolving Lender shall make any payment on or pursuant to any Letter of Credit Obligation, such payment shall then be deemed automatically to constitute a Tranche 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 Tranche A Revolving Lender shall be obligated to pay its Pro Rata Share thereof in accordance with the Agreement. The failure of any Tranche A Revolving Lender to make available to Agent for Agent's ’s own account its Pro Rata Share of any such Tranche A Revolving Credit Advance or payment by Agent under or in respect of a Letter of Credit shall not relieve any other Tranche A Revolving Lender of its obligation hereunder to make available to Agent its Pro Rata Share thereof, but no Tranche A Revolving Lender shall be responsible for the failure of any other Tranche A Revolving Lender to make available such other Tranche A Revolving Lender's ’s Pro Rata Share of any such payment.

Appears in 1 contract

Samples: Credit Agreement (Finlay Fine Jewelry Corp)

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Advances Automatic; Participations. In the event that Agent or ---------------------------------- any Tranche A Revolving Lender shall make any payment on or pursuant to any Letter of Credit Obligation, such payment shall then be deemed deemed, unless reimbursed on demand by Borrowers, automatically to constitute a Tranche A Revolving Credit Advance 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 failure to satisfy the conditions precedent set forth in Section 2, and each Tranche A Revolving Lender --------- shall be obligated to pay its Pro Rata Share thereof in accordance with the Agreement. The failure of any Tranche A Revolving Lender to make available to Agent for Agent's own account its Pro Rata Share of any such Tranche A Revolving Credit Advance or payment by Agent under or in respect of a Letter of Credit shall not 108 relieve any other Tranche A Revolving Lender of its obligation hereunder to make available to Agent its Pro Rata Share thereof, but no Tranche A Revolving Lender shall be responsible for the failure of any other Tranche A Revolving Lender to make available such other Tranche A Revolving Lender's Pro Rata Share of any such payment.

Appears in 1 contract

Samples: Assignment Agreement (Montgomery Ward Holding Corp)

Advances Automatic; Participations. In the event that Agent or any Tranche A Revolving Lender L/C Issuer shall make any payment on or pursuant to any Letter of Credit Obligation, such payment shall be deemed to be drawn under Revolving Loan Letters of Credit for so long as there are any Revolving Loan Letters of Credit and thereafter shall be deemed to be drafts drawn under Synthetic Loan Letters of Credit, and in either case shall then be deemed automatically to constitute a Tranche A Revolving Credit Advance to 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 Borrower's failure to satisfy the conditions precedent set forth in Section 2, and each Tranche A Revolving Lender shall be obligated to pay its Pro Rata Share thereof in accordance with the Agreement. The failure of any Tranche A Revolving Lender to make available to Administrative Agent for Administrative Agent's own account its Pro Rata Share of any such Tranche A Revolving Credit Advance or payment by Administrative Agent under or in respect of a Letter of Credit shall not relieve any other Tranche A Revolving Lender of its obligation hereunder to make available to Administrative Agent its Pro Rata Share thereof, but no Tranche A Revolving Lender shall be responsible for the failure of any other Tranche A Revolving Lender to make available such other Tranche A Revolving Lender'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 Tranche A Revolving Lender shall make any payment on or pursuant to any Letter of Credit Obligation, such payment shall then be deemed automatically to constitute a Tranche A Revolving Credit Advance 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 Borrower's failure to satisfy the conditions precedent set forth in Section 2, and each Tranche A Revolving Lender shall be obligated to pay its Pro Rata Share thereof in accordance with the Agreement. The failure of any Tranche A Revolving Lender to make available to Agent for Agent's own account its Pro Rata Share of any such Tranche A Revolving Credit Advance or payment by Agent under or in respect of a Letter of Credit shall not relieve any other Tranche A Revolving Lender of its obligation hereunder to make available to Agent its Pro Rata Share thereof, but no Tranche A Revolving Lender shall be responsible for the failure of any other Tranche A Revolving Lender to make available such other Tranche A Revolving Lender's Pro Rata Share of any such payment.

Appears in 1 contract

Samples: In Possession Credit Agreement (Filenes Basement Corp)

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