Common use of Failure to Pay by Lenders Clause in Contracts

Failure to Pay by Lenders. If any Lender shall fail to perform its obligation to make a Revolving Loan pursuant to subsection 2.2.6(c) or to purchase a participation in Swing Line Loans pursuant to subsection 2.2.6(d), the amount in default shall bear interest for each day from the day such amount is payable until fully paid at a rate per annum equal to the Federal Funds Rate or any other rate customarily used by banks for the correction of errors among banks, but in no event to exceed the Highest Lawful Rate, and such obligation may be satisfied by application by the Administrative Agent (for the account of the Swing Line Lender) of any payment that such Lender otherwise is entitled to receive under this Agreement. Pending repayment, each such advance shall be secured by such Lender's participation interest, if any, in the Swing Line Loans and any security therefor, and the Swing Line Lender shall be subrogated to such Lender's rights hereunder in respect thereof.

Appears in 3 contracts

Samples: Credit Agreement (America Service Group Inc /De), Credit Agreement (America Service Group Inc /De), Credit Agreement (America Service Group Inc /De)

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Failure to Pay by Lenders. If any Lender shall fail to perform its obligation to make a Revolving Loan pursuant to subsection 2.2.6(cSection 2.04(c) or to fund its purchase of a participation in Swing Line Swingline Loans pursuant to subsection 2.2.6(dSection 2.04(d), the amount in default shall bear interest for each day from the day such amount is payable until fully paid at a rate per annum equal to (i) for the first three (3) days, the Federal Funds Rate or any other rate customarily used by banks for and (ii) thereafter, the correction Base Rate plus the Applicable Margin in respect of errors among banks, but in no event to exceed the Highest Lawful RateRevolving Loans which are Base Rate Loans, and such obligation may be satisfied by application by the Administrative Agent (for the account of the Swing Line Swingline Lender) of any payment that such Lender otherwise is entitled to receive under this Agreement. Pending repayment, each such advance shall be secured by such Lender's ’s participation interest, if any, in the Swing Line Swingline Loans and any security therefor, and the Swing Line Swingline Lender shall be subrogated to such Lender's ’s rights hereunder in respect thereof.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (AdaptHealth Corp.), Credit and Guaranty Agreement (AdaptHealth Corp.), Engine Lease Agreement (Mesa Air Group Inc)

Failure to Pay by Lenders. If any Lender shall fail to perform its obligation to make a Revolving Loan pursuant to subsection 2.2.6(c) Section 2.3.3 or to purchase a participation in Swing Line Swingline Loans pursuant to subsection 2.2.6(d)Section 2.3.4, the amount in default shall bear interest for each day from the day such amount is payable until fully paid by such Lender at a rate per annum equal to the Federal Funds Rate or any other rate customarily used by banks for the correction of errors among banks, but in no event to exceed the Highest Lawful Rate, and such obligation may be satisfied by application by the Administrative Agent (for the account of the Swing Line Swingline Lender) of any payment that such Lender otherwise is entitled to receive under this Agreement. Pending repayment, each such advance shall be secured by such Lender's participation interest, if any, in the Swing Line Swingline Loans and any security therefor, and the Swing Line Swingline Lender shall be subrogated to such Lender's rights hereunder in respect thereof.

Appears in 2 contracts

Samples: Credit Agreement (Cti Molecular Imaging Inc), Credit Agreement (Cti Inc /Tn)

Failure to Pay by Lenders. If any Lender shall fail to perform its obligation to make a Revolving Loan pursuant to subsection 2.2.6(csubsection2.2.7(c) or to purchase a participation in Swing Line Loans pursuant to subsection 2.2.6(d2.2.7(d), the amount in default shall bear interest for each day from the day such amount is payable until fully paid at a rate per annum equal to the Federal Funds Rate or any other rate customarily used by banks for the correction of errors among banks, but in no event to exceed the Highest Lawful Rate, and such obligation may be satisfied by application by the Administrative Agent (for the account of the Swing Line Lender) of any payment that such Lender otherwise is entitled to receive under this Agreement. Pending repayment, each such advance shall be secured by such Lender's participation interest, if any, in the Swing Line Loans and any security therefor, and the Swing Line Lender shall be subrogated to such Lender's rights hereunder in respect thereof.

Appears in 1 contract

Samples: Credit Agreement (Nn Inc)

Failure to Pay by Lenders. If any Lender shall fail to perform its obligation to make a Revolving Loan pursuant to subsection 2.2.6(c) Section 2.3.3 or to purchase a participation in Swing Line Swingline Loans pursuant to subsection 2.2.6(d)Section 2.3.4, the amount in default shall bear interest for each day from the day such amount is payable until fully paid at a rate per annum equal to the Federal Funds Rate or any other rate customarily used by banks for the correction of errors among banks, but in no event to exceed the Highest Lawful Rate, and such obligation may be satisfied by application by the Administrative Agent (for the account of the Swing Line Swingline Lender) of any payment that such Lender otherwise is entitled to receive under this Agreement. Pending repayment, each such advance shall be secured by such Lender's participation interest, if any, in the Swing Line Swingline Loans and any security therefor, and the Swing Line Swingline Lender shall be subrogated to such Lender's rights hereunder in respect thereof.

Appears in 1 contract

Samples: Credit Agreement (Symbion Inc/Tn)

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Failure to Pay by Lenders. If any Lender shall fail to perform its obligation to make a Revolving Loan pursuant to subsection 2.2.6(c) Section 2.4.3 or to purchase a participation in Swing Line Swingline Loans pursuant to subsection 2.2.6(d)Section 2.4.4, the amount in default shall bear interest for each day from the day such amount is payable until fully paid at a rate per annum equal to the Federal Funds Rate or any other rate customarily used by banks for the correction of errors among banks, but in no event to exceed the Highest Lawful Rate, and such obligation may be satisfied by application by the Administrative Agent (for the account of the Swing Line Swingline Lender) of any payment that such Lender otherwise is entitled to receive under this Agreement. Pending repayment, each such advance shall be secured by such Lender's participation interest, if any, in the Swing Line Swingline Loans and any security therefor, and the Swing Line Swingline Lender shall be subrogated to such Lender's rights hereunder in respect thereof.

Appears in 1 contract

Samples: Credit Agreement (I Trax Inc)

Failure to Pay by Lenders. If any Lender shall fail to perform its obligation to make a Revolving Loan pursuant to subsection 2.2.6(c2.2.7(c) or to purchase a participation in Swing Line Loans pursuant to subsection 2.2.6(d2.2.7(d), the amount in default shall bear interest for each day from the day such amount is payable until fully paid at a rate per annum equal to the Federal Funds Rate or any other rate customarily used by banks for the correction of errors among banks, but in no event to exceed the Highest Lawful Rate, and such obligation may be satisfied by application by the Administrative Agent (for the account of the Swing Line Lender) of any payment that such Lender otherwise is entitled to receive under this Agreement. Pending repayment, each such advance shall be secured by such Lender's participation interest, if any, in the Swing Line Loans and any security therefor, and the Swing Line Lender shall be subrogated to such Lender's rights hereunder in respect thereof.

Appears in 1 contract

Samples: Credit Agreement (Nn Inc)

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