Common use of Lenders’ participation Clause in Contracts

Lenders’ participation. Immediately upon issuance or amendment by the Issuing Bank of any Letter of Credit in accordance with the procedures set forth in Section 3.1, each Lender shall be deemed to have irrevocably and unconditionally purchased and received from the Issuing Bank, without recourse or warranty, an undivided interest and participation to the extent of such Lender's Proportionate Share (based upon its Commitment) in the liability with respect to such Letter of Credit (including, without limitation, all obligations of the Borrower with respect thereto, other than amounts owing to the Issuing Bank consisting of Issuing Bank Fees) and any security therefor or guaranty pertaining thereto.

Appears in 3 contracts

Samples: Credit Agreement (Wickes Lumber Co /De/), Credit Agreement (Riverside Group Inc/Fl), Credit Agreement (Wickes Inc)

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Lenders’ participation. Immediately upon issuance or amendment by the Issuing Bank of any Letter of Credit in accordance with the procedures set forth in Section 3.1Subsection 2.20(A), each Lender shall be deemed to have irrevocably and unconditionally purchased and received from the Issuing Bank, without recourse or warranty, an undivided interest and participation to the extent of such Lender's Proportionate Share (based upon its Commitment) in the liability with respect to such Letter of Credit (including, without limitation, all obligations of the a Borrower with respect thereto, other than amounts owing to the Issuing Bank consisting of Issuing Bank Fees) and any security therefor or guaranty pertaining thereto.

Appears in 2 contracts

Samples: Loan and Security Agreement (Abc Rail Products Corp), Loan and Security Agreement (Abc Rail Products Corp)

Lenders’ participation. Immediately upon the issuance or amendment by the ---------------------- any Issuing Bank of any Letter of Credit in accordance with the procedures set forth in Section 3.1, each Lender shall be deemed to have irrevocably and unconditionally purchased and received from the such Issuing Bank, without recourse or warranty, an undivided interest and participation to the extent of such Lender's Proportionate Share (based upon its Commitment) in of the liability with respect to such Letter of Credit (including, without limitation, all obligations of the Borrower with respect thereto, other than amounts owing to the such Issuing Bank consisting of Issuing Bank Fees and Facing Fees) and any security therefor or guaranty pertaining thereto.

Appears in 1 contract

Samples: Intercreditor Agreement (Jorgensen Earle M Co /De/)

Lenders’ participation. Immediately upon issuance or amendment by the Issuing Bank of any Letter of Credit in accordance with the procedures set forth in Section 3.1Subsection 2.20(A), each Lender shall be deemed to have irrevocably and unconditionally purchased and received from the Issuing Bank, without recourse or warranty, an undivided interest and participation to the extent of such Lender's Revolving Proportionate Share (based upon its Commitment) in the liability with respect to such Letter of Credit (including, without limitation, all obligations of the a Borrower with respect thereto, other than amounts owing to the Issuing Bank consisting of Issuing Bank Fees) and any security therefor or guaranty pertaining thereto.

Appears in 1 contract

Samples: Loan and Security Agreement (Abc Rail Products Corp)

Lenders’ participation. Immediately upon issuance or amendment by the Issuing Bank of any Letter of Credit in accordance with the procedures set forth in Section 3.1Sections 3.1 and 3.2, each Lender shall be deemed to have irrevocably and unconditionally purchased and received from the Issuing Bank, without recourse or warranty, an undivided interest and participation to the extent of such Lender's Proportionate Share (based upon its Commitment) in of the liability with respect to such Letter of Credit (including, without limitation, all obligations of the Borrower with respect thereto, other than amounts owing to the Issuing Bank consisting of Issuing Bank Fees) and any security therefor or guaranty pertaining thereto.

Appears in 1 contract

Samples: Credit Agreement (Lynch Corp)

Lenders’ participation. Immediately upon the issuance or amendment by the any Issuing Bank of any Letter of Credit in accordance with the procedures set forth in Section 3.1, each Lender shall be deemed to have irrevocably and unconditionally purchased and received from the such Issuing Bank, without recourse or warranty, an undivided interest and participation to the extent of such Lender's ’s Proportionate Share (based upon its Commitment) in of the liability with respect to such Letter of Credit (including, without limitation, all obligations of the Borrower with respect thereto, other than amounts owing to the such Issuing Bank consisting of Issuing Bank Fees and Facing Fees) and any security therefor or guaranty pertaining thereto.

Appears in 1 contract

Samples: Credit Agreement (Jorgensen Earle M Co /De/)

Lenders’ participation. Immediately upon the issuance or amendment by the Issuing Bank of any Letter of Credit in accordance with the procedures set forth in Section 3.1, each Lender shall be deemed to have irrevocably and unconditionally purchased and received from the Issuing Bank, without recourse or warranty, an undivided interest and participation to the extent of such Lender's Proportionate Share (based upon its Commitment) in of the liability with respect to such Letter of Credit (including, without limitation, all obligations of the Borrower with respect thereto, other than amounts owing to the Issuing Bank consisting of Issuing Bank Fees) and any security therefor or guaranty pertaining thereto.

Appears in 1 contract

Samples: Credit Agreement (Mobile Field Office Co)

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Lenders’ participation. Immediately upon the issuance or amendment by the Issuing Bank of any Letter of Credit in accordance with the procedures set forth in Section 3.1, each Lender shall be deemed to have irrevocably and unconditionally purchased and received from the Issuing Bank, without recourse or warranty, an undivided interest and participation to the extent of such Lender's Proportionate Share (based upon its Commitment) in Revolving Loan Percentage of the liability with respect to such Letter of Credit (including, without limitation, all obligations of the Borrower with respect thereto, other than amounts owing to the Issuing Bank consisting of Issuing Bank Fees) and any security therefor or guaranty pertaining thereto.

Appears in 1 contract

Samples: Security Agreement (Acg Holdings Inc)

Lenders’ participation. Immediately upon issuance or amendment by the Issuing Bank of any Letter of Credit in accordance with the procedures set forth in Section 3.13.1 and 3.2, each Lender shall be deemed to have irrevocably and unconditionally purchased and received from the Issuing Bank, without recourse or warranty, an undivided interest and participation to the extent of such Lender's Proportionate Share (based upon its Commitment) in of the liability with respect to such Letter of Credit (including, without limitation, all obligations of the Borrower Borrowers with respect thereto, other than amounts owing to the Issuing Bank consisting of Issuing Bank Fees) and any security therefor or guaranty pertaining thereto.

Appears in 1 contract

Samples: Credit Agreement (Safety 1st Inc)

Lenders’ participation. Immediately upon the issuance or ---------------------- amendment by the any Issuing Bank of any Letter of Credit in accordance with the procedures set forth in Section 3.1, each Lender shall be deemed to have irrevocably and unconditionally purchased and received from the such Issuing Bank, without recourse or warranty, an undivided interest and participation to the extent of such Lender's Proportionate Share (based upon its Commitment) in of the liability with respect to such Letter of Credit (including, without limitation, all obligations of the Borrower with respect thereto, other than amounts owing to the such Issuing Bank consisting of Issuing Bank Fees and Facing Fees) and any security therefor or guaranty pertaining thereto.

Appears in 1 contract

Samples: Credit Agreement (Jorgensen Earle M Co /De/)

Lenders’ participation. Immediately upon the issuance or amendment by the any Issuing Bank of any Letter of Credit in accordance with the procedures set forth in Section 3.1, each Lender shall be deemed to have irrevocably and unconditionally purchased and received from the such Issuing Bank, without recourse or warranty, an undivided interest and participation to the extent of such Lender's Proportionate Share (based upon its Commitment) in of the liability with respect to such Letter of Credit (including, without limitation, all obligations of the Borrower with respect thereto, other than amounts owing to the such Issuing Bank consisting of Issuing Bank Fees or Facing Fees) and any security therefor or guaranty pertaining thereto.

Appears in 1 contract

Samples: Credit Agreement (Consumers Us Inc)

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