Common use of Disbursements, Reimbursement Clause in Contracts

Disbursements, Reimbursement. (a) In the event of any request for a drawing under a Letter of Credit by the beneficiary or transferee thereof, the LC Bank will promptly notify the Administrative Agent and the Borrower of such request. The Borrower shall reimburse (such obligation to reimburse the LC Bank shall sometimes be referred to as a “Reimbursement Obligation”) the LC Bank prior to noon (New York City time), on each date that an amount is paid by the LC Bank under any Letter of Credit (each such date, a “Drawing Date”) in an amount equal to the amount so paid by the LC Bank. In the event the Borrower fails to reimburse the LC Bank for the full amount of any drawing under any Letter of Credit by noon (New York City time) on the Drawing Date (including because the conditions precedent to a Loan requested by the Borrower pursuant to Section 2.01 shall not have been satisfied), the LC Bank will promptly notify each LC Participant thereof. Any notice given by the LC Bank pursuant to this Section may be oral if promptly confirmed in writing; provided that the lack of such a prompt written confirmation shall not affect the conclusiveness or binding effect of such oral notice.

Appears in 5 contracts

Samples: Receivables Financing Agreement (Alliance Holdings GP, L.P.), Receivables Financing Agreement (Foresight Energy LP), Receivables Financing Agreement (Alliance Holdings GP, L.P.)

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Disbursements, Reimbursement. (a) In the event of any request for a drawing under a Letter of Credit by the beneficiary or transferee thereof, the applicable LC Bank will promptly notify the Administrative Agent and the Borrower Seller of such request. The Borrower Seller shall reimburse (such obligation to reimburse the applicable LC Bank shall sometimes be referred to as a “Reimbursement Obligation”) the applicable LC Bank prior to noon 1:00 p.m. (New York City time), on each date that an amount is paid by the such LC Bank under any Letter of Credit (each such date, a “Drawing Date”) in an amount equal to the amount so paid by the such LC Bank. In the event the Borrower Seller fails to reimburse the applicable LC Bank for the full amount of any drawing under any Letter of Credit by noon 1:00 p.m. (New York City time) on the Drawing Date (including because the conditions precedent to a Loan requested by the Borrower Seller pursuant to Section 2.01 shall not have been satisfied), the such LC Bank will promptly notify each LC Participant thereof. Any notice given by the an LC Bank pursuant to this Section may be oral if promptly confirmed in writing; provided that the lack of such a prompt written confirmation shall not affect the conclusiveness or binding effect of such oral notice.

Appears in 3 contracts

Samples: Receivables Purchase Agreement (Ashland Global Holdings Inc), Receivables Purchase Agreement (Ashland Inc.), Receivables Purchase Agreement (Ashland Inc.)

Disbursements, Reimbursement. (a) In the event of any request for a drawing under a Letter of Credit by the beneficiary or transferee thereof, the LC Bank Issuer will promptly notify the Administrative Agent and the Borrower of such request. The Borrower shall reimburse (such obligation to reimburse the LC Bank Issuer shall sometimes be referred to as a “Reimbursement Obligation”) the LC Bank Issuer prior to noon (New York City time), on each date that an amount is paid by the LC Bank Issuer under any Letter of Credit (each such date, a “Drawing Date”) in an amount equal to the amount so paid by the LC BankIssuer. In the event the Borrower fails to reimburse the LC Bank Issuer for the full amount of any drawing under any Letter of Credit by noon (New York City time) on the Drawing Date (including because the conditions precedent to a Loan an Advance requested by the Borrower pursuant to Section 2.01 shall not have been satisfied), the LC Bank Issuer will promptly notify each LC Participant thereofthereof and the Borrower shall have been deemed to requested a Loan from each LC Participant as set forth in clause (b) below. Any notice given by the LC Bank Issuer pursuant to this Section may be oral if promptly confirmed in writing; provided that the lack of such a prompt written confirmation shall not affect the conclusiveness or binding effect of such oral notice.

Appears in 2 contracts

Samples: Receivables Loan and Security Agreement (Volt Information Sciences, Inc.), Receivables Loan and Security Agreement (Volt Information Sciences, Inc.)

Disbursements, Reimbursement. (a) In the event of any request for a drawing under a Letter of Credit by the beneficiary or transferee thereof, the LC Bank will promptly notify the Administrative Agent and the Borrower of such request. The Borrower shall reimburse (such obligation to reimburse the LC Bank shall sometimes be referred to as a “Reimbursement Obligation”) the LC Bank in Dollars prior to noon 5:00 p.m. (New York City time), on each date that an amount is paid by the LC Bank under any Letter of Credit (each such date, a “Drawing Date”) in an amount equal to the Dollar Equivalent amount so paid by the LC Bank. In the event the Borrower fails to reimburse the LC Bank for the full Dollar Equivalent amount of any drawing under any Letter of Credit by noon 5:00 p.m. (New York City time) on the Drawing Date (including because the conditions precedent to a Loan requested by the Borrower pursuant to Section 2.01 shall not have been satisfied), the LC Bank will promptly notify each LC Participant thereof. Any notice given by the LC Bank pursuant to this Section may be oral if promptly confirmed in writing; provided that the lack of such a prompt written confirmation shall not affect the conclusiveness or binding effect of such oral notice.

Appears in 2 contracts

Samples: Receivables Financing Agreement (Gardner Denver Holdings, Inc.), Receivables Financing Agreement (Ingersoll Rand Inc.)

Disbursements, Reimbursement. (a) In the event of any request for a drawing under a Letter of Credit by the beneficiary or transferee thereof, the LC Bank will promptly notify the Administrative Agent Administrator and the Borrower Seller of such request. The Borrower Provided that it shall have received such notice, the Seller shall reimburse (such obligation to reimburse the LC Bank shall sometimes be referred to as a “Reimbursement Obligation”) the LC Bank prior to noon (12:00 p.m., New York City time), on each date that an amount is paid by the LC Bank under any Letter of Credit (each such date, a “Drawing Date”) in an amount equal to the amount so paid by the LC Bank. In the event the Borrower Seller fails to reimburse the LC Bank for the full amount of any drawing under any Letter of Credit by noon (12:00 p.m., New York City time) , on the Drawing Date, the Seller shall be deemed to have requested that an Incremental Purchase be made by the LC Bank to be disbursed on the Drawing Date (under such Letter of Credit, subject to the limitations set forth herein, including because the conditions precedent to a Loan requested by the Borrower pursuant but not limited to Section 2.01 shall not have been satisfied1.1(a), the LC Bank will promptly notify each LC Participant thereof. Any notice given by the LC Bank pursuant to this Section may be oral if promptly immediately confirmed in writing; provided provided, however, that the lack of any such a prompt written confirmation shall not affect the conclusiveness or binding effect of such oral notice.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Arch Chemicals Inc), Receivables Purchase Agreement (Arch Chemicals Inc)

Disbursements, Reimbursement. (a) In the event of any request for a drawing under a Letter of Credit by the beneficiary or transferee thereof, the LC Bank will promptly notify the Administrative Agent Administrator and the Borrower Seller of such request. The Borrower Provided that it shall have received such notice, the Seller shall reimburse (such obligation to reimburse the LC Bank shall sometimes be referred to as a “Reimbursement Obligation”) the LC Bank prior to noon (12:00 p.m., New York City time), time on each the first Business Day after the date that an amount is paid by the LC Bank under any Letter of Credit (each such date, a “Drawing Date”) in an amount equal to the amount so paid by the LC Bank. In the event the Borrower Seller fails to reimburse the LC Bank for the full amount of any drawing under any Letter of Credit by noon (12:00 p.m., New York City time) , on the Drawing Date (including because the conditions precedent to a Loan Purchase requested by the Borrower Seller pursuant to Section 2.01 1.2 shall not have been satisfied), the LC Bank will promptly notify each LC Participant thereof. Any notice given by the LC Bank pursuant to this Section may be oral if promptly immediately confirmed in writing; provided that the lack of such a prompt written an immediate confirmation shall not affect the conclusiveness or binding effect of such oral notice.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Cooper Tire & Rubber Co)

Disbursements, Reimbursement. (a) In a)In the event of any request for a drawing under a Letter of Credit by the beneficiary or transferee thereof, the LC Bank will promptly notify the Administrative Agent and ​ ​ ​ the Borrower of such request. The Borrower shall reimburse (such obligation to reimburse the LC Bank shall sometimes be referred to as a “Reimbursement Obligation”) the LC Bank prior to noon (New York City time), on each date that an amount is paid by the LC Bank under any Letter of Credit (each such date, a “Drawing Date”) in an amount equal to the amount so paid by the LC Bank. In the event the Borrower fails to reimburse the LC Bank for the full amount of any drawing under any Letter of Credit by noon (New York City time) on the Drawing Date (including because the conditions precedent to a Loan requested by the Borrower pursuant to Section 2.01 shall not have been satisfied), the LC Bank will promptly notify each LC Participant thereof. Any notice given by the LC Bank pursuant to this Section may be oral if promptly confirmed in writing; provided that the lack of such a prompt written confirmation shall not affect the conclusiveness or binding effect of such oral notice.

Appears in 1 contract

Samples: Receivables Financing Agreement (Alliance Resource Partners Lp)

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Disbursements, Reimbursement. (a) In the event of any request for a drawing under a Letter of Credit by the beneficiary or transferee thereof, the LC Bank will promptly notify the Administrative Administrator, each Purchaser Agent and the Borrower Seller of such request. The Borrower Seller shall reimburse (such obligation to reimburse the LC Bank shall sometimes be referred to as a “Reimbursement Obligation”) the LC Bank prior to noon (New York City time), on each date day (or if such day is not a Business Day, on the next succeeding Business Day) that an amount is paid by the LC Bank under any Letter of Credit (each such date, a “Drawing Date”) in an amount equal to the amount so paid by the LC Bank. Available funds on deposit in the LC Collateral Account may be applied by the Administrator to satisfy the Reimbursement Obligation in respect of such drawing or a portion thereof. In the event the Borrower Seller fails to so reimburse the LC Bank for the full amount of any drawing under any Letter of Credit by noon (New York City time) on the Drawing Date (including because the conditions precedent to a Loan Purchase requested by the Borrower Seller pursuant to Section 2.01 1.2 shall not have been satisfied), the LC Bank will promptly notify each LC Participant thereof. Any notice given by the LC Bank pursuant to this Section 1.17 may be oral if promptly confirmed in writing; provided that the lack of such a prompt written confirmation shall not affect the conclusiveness or binding effect of such oral notice.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Triumph Group Inc)

Disbursements, Reimbursement. (a) In the event of any request for a drawing under a Letter of Credit by the beneficiary or transferee thereof, the LC Bank will promptly notify the Administrative Agent and the Borrower of such request. The Borrower shall reimburse (such obligation to reimburse the LC Bank shall sometimes be referred to as a “Reimbursement Obligation”) the LC Bank prior to noon (New York City time), on each date that an amount is paid by the LC Bank under any Letter of Credit (each such date, a “Drawing Date”) in an amount equal to the amount so paid by the LC Bank. In the event Bank if the Borrower fails shall have received notice of such payment prior to reimburse 10:00 a.m. (New York City time), on such date, or, if such notice has not been received by the LC Bank for the full amount of any drawing under any Letter of Credit by Borrower prior to such time on such date, then not later than noon (New York City time) ), on the Drawing Date (including because Business Day immediately following the conditions precedent to a Loan requested by day that the Borrower pursuant receives such notice, provided that failure to Section 2.01 receive any such notice shall not have been satisfied)affect the Borrower's obligation to honor its Reimbursement Obligation on a timely basis and pay any interest that accrues upon failure to do so. The Borrower shall honor its Reimbursement Obligation first, from funds on deposit in the LC Bank will promptly notify each LC Participant thereofCollateral Account, if any, and, second, from its own funds. Any notice given by the LC Bank pursuant to this Section may be oral if promptly confirmed in writing; provided that the lack of such a prompt written confirmation shall not affect the conclusiveness or binding effect of such oral notice.

Appears in 1 contract

Samples: Receivables Financing Agreement (Davey Tree Expert Co)

Disbursements, Reimbursement. (a) In the event of any request for a drawing under a Letter of Credit by the beneficiary or transferee thereof, the LC Bank will promptly notify the Administrative Agent and the Borrower of such request. The Borrower shall reimburse (such obligation to reimburse the LC Bank shall sometimes be referred to as a “Reimbursement Obligation”) the LC Bank prior to noon (New York City time), on each date that an amount is paid by the LC Bank under any Letter of Credit (each such date, a “Drawing Date”) in an amount equal to the amount so paid by the LC Bank. In the event the Borrower fails to reimburse the LC Bank for the full amount of any drawing under any Letter of Credit by noon (New York City time) on the Drawing Date (including because the conditions precedent to a Loan requested by the Borrower pursuant to Section 2.01 shall not have been satisfied), the LC Bank will promptly notify each LC Participant thereofthereof and the Borrower shall have been deemed to requested a Loan from each LC Participant as set forth in clause (b) below. Any notice given by the LC Bank pursuant to this Section may be oral if promptly confirmed in writing; provided that the lack of such a prompt written confirmation shall not affect the conclusiveness or binding effect of such oral notice.

Appears in 1 contract

Samples: Receivables Financing Agreement (Volt Information Sciences, Inc.)

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