Common use of Manner of Reimbursement Clause in Contracts

Manner of Reimbursement. Upon its receipt of a notice referred to in the immediately preceding subsection (d), the Borrower shall advise the Agent whether or not the Borrower intends to borrow hereunder to finance its obligation to reimburse the applicable Issuing Bank for the amount of the related demand for payment and, if it does, the Borrower shall submit a timely request for such Borrowing as provided in the applicable provisions of this Agreement. If the Borrower fails to so advise the Agent, or if the Borrower fails to reimburse the applicable Issuing Bank for a demand for payment under a Letter of Credit by the date required by Section 2.05(d), then if the applicable conditions contained in Article III would permit the making of Revolving Loans, the Borrower shall be deemed to have requested a Borrowing of Revolving Loans (which shall be Alternate Base Rate Loans) in an amount equal to the unpaid Reimbursement Obligation and the Agent shall give each Lender prompt notice of the amount of the Revolving Loan to be made available to the Agent. If such conditions would not permit the making of Revolving Loans, the Agent shall so notify the applicable Issuing Bank and such Issuing Bank shall notify the Lenders of such demand for payment and the provisions of subsection (j) of this Section shall apply. If any notice referenced in the immediately preceding sentence is received by a Lender not later than 11:00 a.m. (Charlotte, North Carolina time) on the date of demand therefor, then such Lender shall make such payment available to the Agent or the applicable Issuing Bank, as applicable, not later than 2:00 p.m. (Charlotte, North Carolina time) on the date of demand therefor; otherwise, such payment shall be made available to the Agent or the applicable Issuing Bank, as applicable, not later than 1:00 p.m. (Charlotte, North Carolina time) on the next succeeding Business Day. The limitations of Section 2.01(b) shall not apply to any Borrowing of Revolving Loans under this subsection. If the Borrower has elected to pay the amount of such drawing with funds from other sources and shall fail to reimburse such Issuing Bank as provided above, or if the amount of such drawing is not fully refunded through an Alternate Base Rate Loan as provided above, the unreimbursed amount of such drawing shall bear interest at the rate which would be payable on any outstanding Alternate Base Rate Loans which were then overdue from the date such amounts become payable (whether at stated maturity, by acceleration or otherwise) until payment in full.

Appears in 3 contracts

Samples: Credit Agreement (South Carolina Electric & Gas Co), Credit Agreement (South Carolina Electric & Gas Co), Credit Agreement (South Carolina Electric & Gas Co)

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Manner of Reimbursement. Upon its receipt of a notice referred to in the immediately preceding subsection (dSection 2.4(d), the Borrower Borrowers shall advise the Agent and the Issuing Lender whether or not the Borrower intends Borrowers intend to borrow hereunder to finance its obligation to reimburse the applicable Issuing Bank Lender for the amount of the related demand for payment and, if it does, the Borrower shall submit a timely request for such Borrowing as provided in the applicable provisions of this Agreementpayment. If the Borrower fails Borrowers fail to so advise the AgentAgent and the Issuing Lender, or if the Borrower fails Borrowers fail to reimburse the applicable Issuing Bank Lender for a demand for payment under a Letter of Credit by the date required by Section 2.05(d)of such payment, then (i) if the applicable conditions contained in Article III V would permit the making of Revolving Loans, the Borrower Borrowers shall be deemed to have requested a Borrowing borrowing of Revolving Loans (which shall be Alternate Base Rate Loans) in an amount equal to the unpaid Reimbursement Obligation and the Agent shall give each Lender prompt notice (which shall be no later than 12:00 p.m.) of the amount of the Revolving Loan to be made available to the Agent. If Agent for the account of the Issuing Lender not later than 1:00 p.m. and (ii) if such conditions would not permit the making of Revolving Loans, the Agent shall so notify the applicable Issuing Bank and such Issuing Bank shall notify the Lenders of such demand for payment and the provisions of subsection (jSection 2.4(j) of this Section shall apply. If any notice referenced in the immediately preceding sentence is received by a Lender not later than 11:00 a.m. (Charlotte, North Carolina time) on the date of demand therefor, then such Lender shall make such payment available to the Agent or the applicable Issuing Bank, as applicable, not later than 2:00 p.m. (Charlotte, North Carolina time) on the date of demand therefor; otherwise, such payment shall be made available to the Agent or the applicable Issuing Bank, as applicable, not later than 1:00 p.m. (Charlotte, North Carolina time) on the next succeeding Business Day. The limitations of Section 2.01(b3.5(a) shall not apply to any Borrowing borrowing of Revolving Base Rate Loans under this subsection. If This subsection shall be subject to the Borrower has elected terms of Section 2.4(l) with respect to pay the reimbursement of an advance pursuant to a Gables Bond Enhancement Letter of Credit. (f) Effect of Letters of Credit on Commitments. Upon the issuance by the Issuing Lender of any Letter of Credit and until such Letter of Credit shall have expired or been terminated, the Commitment of each Lender shall be deemed to be utilized for all purposes of this Agreement in an amount equal to the product of (i) such Lender's Commitment Percentage and (ii) the sum of (A) the Stated Amount of such drawing with funds from other sources and shall fail to reimburse such Letter of Credit plus (B) any related Reimbursement Obligations then outstanding. (g) Issuing Bank as provided above, or if the amount Lender's Duties Regarding Letters of such drawing is not fully refunded through an Alternate Base Rate Loan as provided above, the unreimbursed amount of such drawing shall bear interest at the rate which would be payable on any outstanding Alternate Base Rate Loans which were then overdue from the date such amounts become payable (whether at stated maturity, by acceleration or otherwise) until payment in full.Credit;

Appears in 2 contracts

Samples: Credit Agreement (Gables Realty Limited Partnership), Credit Agreement (Gables Residential Trust)

Manner of Reimbursement. Upon its receipt of a notice referred to in the immediately preceding subsection (d), the Borrower shall advise the Administrative Agent and the applicable Issuing Bank whether or not the Borrower intends to borrow hereunder to finance its obligation to reimburse the applicable Issuing Bank for the amount of the related demand for payment and, if it does, the Borrower shall submit a timely request for such Borrowing borrowing as provided in the applicable provisions of this Agreement. If the Borrower fails to so advise the AgentAdministrative Agent and such Issuing Bank, or if the Borrower fails to reimburse the applicable Issuing Bank for a demand for payment under a Letter of Credit issued by such Issuing Bank by the date required by Section 2.05(d)of such payment, the failure of which the applicable Issuing Bank shall promptly notify the Administrative Agent, then if whether or not the applicable conditions contained in Article III VI would permit the making of Revolving Loans, the Borrower such unpaid Reimbursement Obligation shall automatically be deemed to have requested a Borrowing of converted into Revolving Loans (which shall initially be Alternate Base Rate LoansLoans and shall accrue interest at the Base Rate plus the Applicable Margin applicable thereto unless and until Converted in accordance with Section 2.11) in an amount equal to the unpaid Reimbursement Obligation and the Administrative Agent shall give each Revolving Lender prompt notice of the amount of the Revolving Loan to be made available to the Agent. If Administrative Agent not later than 12:00 noon Central time; provided, however, that if under Applicable Law such conditions would unpaid Reimbursement Obligations cannot permit the making of be automatically converted into Revolving Loans, the Agent shall so notify the applicable Issuing Bank and such Issuing Bank shall notify the Lenders of such demand for payment and then the provisions of subsection (j) of this Section shall apply. If any notice referenced The amount limitations set forth in the immediately preceding second sentence is received by a Lender not later than 11:00 a.m. (Charlotte, North Carolina time) on the date of demand therefor, then such Lender shall make such payment available to the Agent or the applicable Issuing Bank, as applicable, not later than 2:00 p.m. (Charlotte, North Carolina time) on the date of demand therefor; otherwise, such payment shall be made available to the Agent or the applicable Issuing Bank, as applicable, not later than 1:00 p.m. (Charlotte, North Carolina time) on the next succeeding Business Day. The limitations of Section 2.01(b2.1(a) shall not apply to any Borrowing borrowing of Revolving Base Rate Loans under this subsection. If the Borrower has elected to pay the amount of such drawing with funds from other sources and shall fail to reimburse such Issuing Bank as provided above, or if the amount of such drawing is not fully refunded through an Alternate Base Rate Loan as provided above, the unreimbursed amount of such drawing shall bear interest at the rate which would be payable on any outstanding Alternate Base Rate Loans which were then overdue from the date such amounts become payable (whether at stated maturity, by acceleration or otherwise) until payment in full.

Appears in 1 contract

Samples: Credit Agreement (Spirit Realty Capital, Inc.)

Manner of Reimbursement. Upon its receipt of a notice referred to in the immediately preceding subsection (d), the Borrower shall advise the Agent whether or not the Borrower intends to borrow hereunder to finance its obligation to reimburse the applicable Issuing Bank for the amount of the related demand for payment and, if it does, the Borrower shall submit a timely request for such Borrowing as provided in the applicable provisions of this Agreement. If the Borrower fails to so advise the Agent, or if the Borrower fails to reimburse the applicable Issuing Bank for a demand for payment under a Letter of Credit by the date required by Section 2.05(d), then if the applicable conditions contained in Article III would permit the making of Revolving Loans, the Borrower shall be deemed to have requested a Borrowing of Revolving Loans (which shall be Alternate Base Rate Loans) in an amount equal to the unpaid Reimbursement Obligation and the Agent shall give each Lender prompt notice of the amount of the Revolving Loan to be made available to the Agent. If such conditions would not permit the making of Revolving Loans, the Agent shall so notify the applicable Issuing Bank and such the Issuing Bank shall notify the Lenders of such demand for payment and the provisions of subsection (j) of this Section shall apply. If any notice referenced in the immediately preceding sentence is received by a Lender not later than 11:00 a.m. (Charlotte, North Carolina time) on the date of demand therefor, then such Lender shall make such payment available to the Agent or the applicable Issuing Bank, as applicable, not later than 2:00 p.m. (Charlotte, North Carolina time) on the date of demand therefor; otherwise, such payment shall be made available to the Agent or the applicable Issuing Bank, as applicable, not later than 1:00 p.m. (Charlotte, North Carolina time) on the next succeeding Business Day. The limitations of Section 2.01(b) shall not apply to any Borrowing of Revolving Loans under this subsection. If the Borrower has elected to pay the amount of such drawing with funds from other sources and shall fail to reimburse such the Issuing Bank as provided above, or if the amount of such drawing is not fully refunded through an Alternate Base Rate Loan as provided above, the unreimbursed amount of such drawing shall bear interest at the rate which would be payable on any outstanding Alternate Base Rate Loans which were then overdue from the date such amounts become payable (whether at stated maturity, by acceleration or otherwise) until payment in full.

Appears in 1 contract

Samples: Credit Agreement (South Carolina Electric & Gas Co)

Manner of Reimbursement. Upon its receipt of a notice referred to in the immediately preceding subsection (d), the Borrower shall advise the Administrative Agent and the applicable Issuing Bank whether or not the Borrower intends to borrow hereunder to finance its obligation to reimburse the applicable such Issuing Bank for the amount of the related demand for payment and, if it does, the Borrower shall submit a timely request for such Borrowing borrowing as provided in the applicable provisions of this Agreement. If the Borrower fails to so advise the AgentAdministrative Agent and the applicable Issuing Bank, or if the Borrower fails to reimburse the applicable such Issuing Bank for a demand for payment under a Letter of Credit by the date required by Section 2.05(d)of such payment, the failure of which such Issuing Bank shall promptly notify the Administrative Agent, then (i) if the applicable conditions contained in Article III VI. would permit the making of Revolving Loans, the Borrower shall be deemed to have requested a Borrowing borrowing of Revolving Loans (which shall be Alternate Base Rate Loans) in an amount equal to the unpaid Reimbursement Obligation and the Administrative Agent shall give each Revolving Lender prompt notice of the amount of the Revolving Loan to be made available to the Agent. If Administrative Agent not later than 12:00 noon Central time and (ii) if such conditions would not permit the making of Revolving Loans, the Agent shall so notify the applicable Issuing Bank and such Issuing Bank shall notify the Lenders of such demand for payment and the provisions of subsection (j) of this Section shall apply. If any notice referenced The limitations set forth in the immediately preceding second sentence is received by a Lender not later than 11:00 a.m. (Charlotte, North Carolina time) on the date of demand therefor, then such Lender shall make such payment available to the Agent or the applicable Issuing Bank, as applicable, not later than 2:00 p.m. (Charlotte, North Carolina time) on the date of demand therefor; otherwise, such payment shall be made available to the Agent or the applicable Issuing Bank, as applicable, not later than 1:00 p.m. (Charlotte, North Carolina time) on the next succeeding Business Day. The limitations of Section 2.01(b2.1.(a) shall not apply to any Borrowing borrowing of Revolving Base Rate Loans under this subsection. If (f) Effect of Letters of Credit on Revolving Commitments. Upon the Borrower has elected issuance by the applicable Issuing Bank of any Letter of Credit and until such Letter of Credit shall have expired or been cancelled, the Revolving Commitment of each Lender shall be deemed to pay be utilized for all purposes of this Agreement in an amount equal to the amount product of (i) such Lender’s Revolving Commitment Percentage and (ii) the sum of (A) the Stated Amount of such drawing with funds from other sources and shall fail to reimburse such Letter of Credit plus (B) any related Reimbursement Obligations then outstanding. (g) Issuing Bank as provided above, or if the amount Bank’s Duties Regarding Letters of such drawing is not fully refunded through an Alternate Base Rate Loan as provided above, the unreimbursed amount of such drawing shall bear interest at the rate which would be payable on any outstanding Alternate Base Rate Loans which were then overdue from the date such amounts become payable (whether at stated maturity, by acceleration or otherwise) until payment in full.Credit;

Appears in 1 contract

Samples: Credit Agreement (Saul Centers Inc)

Manner of Reimbursement. Upon its receipt of a notice referred to in the immediately preceding subsection (d), the Borrower shall advise the Administrative Agent and the applicable Issuing Bank whether or not the Borrower intends to borrow hereunder to finance its obligation to reimburse the applicable such Issuing Bank for the amount of the related demand for payment and, if it does, the Borrower shall submit a timely request for such Borrowing borrowing as provided in the applicable provisions of this Agreement. If the Borrower fails to so advise the AgentAdministrative Agent and the applicable Issuing Bank, or if the Borrower fails to reimburse the applicable Issuing Bank for a demand for payment under a Letter of Credit by the date required by Section 2.05(d)of such payment, the failure of which the applicable Issuing Bank shall promptly notify the Administrative Agent, then (i) if the applicable conditions contained in Article III V. would permit the making of Revolving Loans, the Borrower shall be deemed to have requested a Borrowing borrowing of Revolving Loans (which shall be Alternate Base Rate Loans) in an amount equal to the unpaid Reimbursement Obligation and the Administrative Agent shall give each Revolving Lender prompt notice of the amount of the Revolving Loan to be made available to the Agent. If Administrative Agent not later than 1:00 p.m. Eastern time and (ii) if such conditions would not permit the making of Revolving Loans, the Agent shall so notify the applicable Issuing Bank and such Issuing Bank shall notify the Lenders of such demand for payment and the provisions of subsection (j) of this Section shall apply. If any notice referenced The limitations set forth in the immediately preceding second sentence is received by a Lender not later than 11:00 a.m. (Charlotte, North Carolina time) on the date of demand therefor, then such Lender shall make such payment available to the Agent or the applicable Issuing Bank, as applicable, not later than 2:00 p.m. (Charlotte, North Carolina time) on the date of demand therefor; otherwise, such payment shall be made available to the Agent or the applicable Issuing Bank, as applicable, not later than 1:00 p.m. (Charlotte, North Carolina time) on the next succeeding Business Day. The limitations of Section 2.01(b2.1.(a) shall not apply to any Borrowing borrowing of Revolving Base Rate Loans under this subsection. If (f) Effect of Letters of Credit on Revolving Commitments. Upon the Borrower has elected to pay the amount of such drawing with funds from other sources and shall fail to reimburse such issuance by an Issuing Bank as provided above, of a Letter of Credit and until such Letter of Credit shall have expired or if the amount of such drawing is not fully refunded through an Alternate Base Rate Loan as provided abovebeen terminated or cancelled, the unreimbursed amount Revolving Commitment of such drawing each Revolving Lender shall bear interest at the rate which would be payable on any outstanding Alternate Base Rate Loans which were then overdue from the date such amounts become payable (whether at stated maturity, by acceleration or otherwise) until payment in full.deemed to be utilized for all

Appears in 1 contract

Samples: Credit Agreement (Washington Real Estate Investment Trust)

Manner of Reimbursement. Upon its receipt of a notice referred to in the immediately preceding subsection (d), the Borrower shall advise the Administrative Agent and the applicable Issuing Bank whether or not the Borrower intends to borrow hereunder to finance its obligation to reimburse the applicable such Issuing Bank for the amount of the related demand for payment and, if it does, the Borrower shall submit a timely request for such Borrowing borrowing as provided in the applicable provisions of this Agreement. If the Borrower fails to so advise the AgentAdministrative Agent and the applicable Issuing Bank, or if the Borrower fails to reimburse the applicable Issuing Bank for a demand for payment under a Letter of Credit by the date required by Section 2.05(d)of such payment, the failure of which such Issuing Bank shall promptly notify the Administrative Agent, then (i) if the applicable conditions contained in Article III V would permit the making of Revolving Loans, the Borrower shall be deemed to have requested a Borrowing borrowing of Revolving Loans (which shall be Alternate Base Rate Loans) in an amount equal to the unpaid Reimbursement Obligation and the Administrative Agent shall give each Lender prompt notice of the amount of the Revolving Loan to be made available to the Agent. If Administrative Agent not later than 11:00 a.m. Eastern time and (ii) if such conditions would not permit the making of Revolving Loans, the Agent shall so notify the applicable Issuing Bank and such Issuing Bank shall notify the Lenders of such demand for payment and the provisions of subsection (j) of this Section shall apply. If any notice referenced The limitations set forth in the immediately preceding second sentence is received by a Lender not later than 11:00 a.m. (Charlotte, North Carolina time) on the date of demand therefor, then such Lender shall make such payment available to the Agent or the applicable Issuing Bank, as applicable, not later than 2:00 p.m. (Charlotte, North Carolina time) on the date of demand therefor; otherwise, such payment shall be made available to the Agent or the applicable Issuing Bank, as applicable, not later than 1:00 p.m. (Charlotte, North Carolina time) on the next succeeding Business Day. The limitations of Section 2.01(b2.1(a) shall not apply to any Borrowing borrowing of Revolving Base Rate Loans under this subsection. If the Borrower has elected to pay the amount Upon receipt by an Issuing Bank of such drawing with funds from other sources and shall fail to reimburse any payment in respect of any Reimbursement Obligation, if such Issuing Bank as provided abovehas received a payment from a Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i), or if such Issuing Bank shall promptly pay to the amount Administrative Agent for the account of such drawing is not fully refunded through an Alternate Base Rate Loan as provided aboveLender, the unreimbursed amount such Lender’s Commitment Percentage of such drawing shall bear interest at the rate which would be payable on any outstanding Alternate Base Rate Loans which were then overdue from the date such amounts become payable (whether at stated maturity, by acceleration or otherwise) until payment in fullrespect of such Reimbursement Obligation.

Appears in 1 contract

Samples: Credit Agreement (Select Income Reit)

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Manner of Reimbursement. Upon its receipt of a notice referred to in the immediately preceding subsection (d), the Borrower shall advise the Administrative Agent and the applicable Issuing Bank whether or not the Borrower intends to borrow hereunder to finance its obligation to reimburse the applicable Issuing Bank for the amount of the related demand for payment and, if it does, the Borrower shall submit a timely request for such Borrowing borrowing as provided in the applicable provisions of this Agreement. If the Borrower fails to so advise the AgentAdministrative Agent and such Issuing Bank, or if the Borrower fails to reimburse the applicable Issuing Bank for a demand for payment under a Letter of Credit issued by such Issuing Bank by the date required by Section 2.05(d)of such payment, the failure of which the applicable Issuing Bank shall promptly notify the Administrative Agent, then (i) if the applicable conditions contained in Article III would permit the making no Event of Revolving LoansDefault exists, the Borrower shall be deemed to have requested a Borrowing borrowing of Revolving Loans of the same Class as such Letter of Credit (which which, with respect to any Letter of Credit denominated in Dollars, shall be Alternate Base Rate LoansLoans and, with respect to any Multicurrency Letter of Credit, shall be a Multicurrency Loans denominated in the same Alternative Currency as such Multicurrency Letter of Credit with an Interest Period, if applicable, of one (1) month) in an amount a Dollar Equivalent Amount equal to the unpaid Reimbursement Obligation and the Administrative Agent shall give each Revolving Lender of the applicable Class prompt notice of the amount (including Dollar Equivalent Amount, if different) and Class of the Revolving Loan to be made available to the Agent. If such conditions would Administrative Agent not permit the making later than 10:00 a.m. Pacific time and (ii) if an Event of Revolving LoansDefault exists, the Agent shall so notify the applicable Issuing Bank and such Issuing Bank shall notify the Lenders of such demand for payment and the provisions of subsection (j) of this Section shall apply. If any notice referenced The limitations set forth in the immediately preceding second sentence is received by a Lender not later than 11:00 a.m. (Charlotte, North Carolina time) on the date of demand therefor, then such Lender shall make such payment available to the Agent or the applicable Issuing Bank, as applicable, not later than 2:00 p.m. (Charlotte, North Carolina time) on the date of demand therefor; otherwise, such payment shall be made available to the Agent or the applicable Issuing Bank, as applicable, not later than 1:00 p.m. (Charlotte, North Carolina time) on the next succeeding Business Day. The limitations of Section 2.01(b2.1(a)(i) and Section 2.1(a)(ii) shall not apply to any Borrowing borrowing of Revolving Loans under this subsection. If the Borrower has elected to pay the amount of such drawing with funds from other sources and shall fail to reimburse such Issuing Bank as provided above, or if the amount of such drawing is not fully refunded through an Alternate Base Rate Loan as provided above, the unreimbursed amount of such drawing shall bear interest at the rate which would be payable on any outstanding Alternate Base Rate Loans which were then overdue from the date such amounts become payable (whether at stated maturity, by acceleration or otherwise) until payment in full.

Appears in 1 contract

Samples: Credit Agreement (Hudson Pacific Properties, L.P.)

Manner of Reimbursement. Upon its receipt of a notice referred to in the immediately preceding subsection (d), Unless the Borrower shall advise provides notice to the Administrative Agent whether or not later than 12:00 noon Eastern time at least one (1) Business Day prior to the Borrower intends date that payment is required to borrow hereunder be made pursuant to finance its obligation to reimburse the applicable Issuing Bank for the amount of the related demand for payment and, if that it does, the Borrower shall submit a timely request for such Borrowing as provided in the applicable provisions of this Agreement. If the Borrower fails to so advise the Agent, or if the Borrower fails intends to reimburse the applicable Issuing Bank for by means other than by a demand for payment under a Letter of Credit by the date required by Section 2.05(d)borrowing hereunder, then if the applicable conditions contained in Article III V. would permit the making of Revolving Loans, the Borrower shall be deemed to have requested a Borrowing borrowing of Revolving Loans (which shall be Alternate Base Rate Loans) in an amount equal to the unpaid Reimbursement Obligation and Obligation, the Administrative Agent shall give each Lender prompt notice of the amount of the Revolving Loan to be made available to the Agent. If Administrative Agent not later than 12:00 noon Eastern time on the date payment is required to made, and each Lender shall deposit an amount equal to the Revolving Loan to be made by such Lender to the Borrower with the Administrative Agent at the Principal Office in immediately available funds and (ii) if such conditions would not permit the making of Revolving LoansLoans and the Borrower does not otherwise reimburse the Issuing Bank for the amount of the related demand for payment, the Agent shall so notify failure of which the applicable Issuing Bank and such Issuing Bank shall notify the Lenders of such demand for payment and Administrative Agent, the provisions of subsection (j) of this Section shall apply. If any notice referenced in the immediately preceding sentence is received by a Lender not later than 11:00 a.m. (Charlotte, North Carolina timeapply and an Event of Default under Section 10.1.(a)(i) on the date of demand therefor, then such Lender shall make such payment available to the Agent or the applicable Issuing Bank, as applicable, not later than 2:00 p.m. (Charlotte, North Carolina time) on the date of demand therefor; otherwise, such payment shall be made available to the Agent or the applicable Issuing Bank, as applicable, not later than 1:00 p.m. (Charlotte, North Carolina time) on the next succeeding Business Dayhave occurred. The limitations set forth in the second sentence of Section 2.01(b2.1.(a) shall not apply to any Borrowing borrowing of Revolving Base Rate Loans under this subsection. If the Borrower has elected to The Administrative Agent shall pay the amount proceeds of any Revolving Loans made pursuant to this Section to the Issuing Bank, which shall apply such drawing with funds from other sources and shall fail proceeds to reimburse such Issuing Bank as provided above, or if repay the amount of such drawing is not fully refunded through an Alternate Base Rate Loan as provided above, the unreimbursed amount of such drawing shall bear interest at the rate which would be payable on any outstanding Alternate Base Rate Loans which were then overdue from the date such amounts become payable (whether at stated maturity, by acceleration or otherwise) until payment in fullunpaid Reimbursement Obligation.

Appears in 1 contract

Samples: Credit Agreement (Regency Centers Lp)

Manner of Reimbursement. Upon its receipt of a notice referred to in the immediately preceding subsection (d), the Borrower shall advise the Administrative Agent and the applicable Issuing Bank whether or not the Borrower intends to borrow hereunder to finance its obligation to reimburse the applicable Issuing Bank for the amount of the related demand for payment and, if it does, the Borrower shall submit a timely request for such Borrowing borrowing as provided in the applicable provisions of this Agreement. If the Borrower fails to so advise the AgentAdministrative Agent and the applicable Issuing Bank, or if the Borrower fails to reimburse the applicable Issuing Bank for a demand for payment under a Letter of Credit issued by such Issuing Bank by the date required by Section 2.05(d)of such payment, the failure of which such Issuing Bank shall promptly notify the Administrative Agent, then if whether or not the applicable conditions contained in Article III VI would permit the making of Revolving Loans, the Borrower such unpaid Reimbursement Obligation shall automatically be deemed to have requested a Borrowing of converted into Revolving Loans (which shall initially be Alternate Base Rate LoansLoans and shall accrue interest at the Base Rate plus the Applicable Margin applicable thereto unless and until Converted in accordance with Section 2.9) in an amount equal to the unpaid Reimbursement Obligation and the Administrative Agent shall give each Revolving Lender prompt notice of the amount of the Revolving Loan to be made available to the Agent. If Administrative Agent not later than 12:00 noon; provided that if under Applicable Law such conditions would unpaid Reimbursement Obligations cannot permit the making of be automatically converted into Revolving Loans, the Agent shall so notify the applicable Issuing Bank and such Issuing Bank shall notify the Lenders of such demand for payment and then the provisions of subsection (j) of this Section shall apply. If any notice referenced The amount limitations set forth in the immediately preceding second sentence is received by a Lender not later than 11:00 a.m. (Charlotte, North Carolina time) on the date of demand therefor, then such Lender shall make such payment available to the Agent or the applicable Issuing Bank, as applicable, not later than 2:00 p.m. (Charlotte, North Carolina time) on the date of demand therefor; otherwise, such payment shall be made available to the Agent or the applicable Issuing Bank, as applicable, not later than 1:00 p.m. (Charlotte, North Carolina time) on the next succeeding Business Day. The limitations of Section 2.01(b2.1(a) shall not apply to any Borrowing borrowing of Revolving Base Rate Loans under this subsection. If the Borrower has elected to pay the amount of such drawing with funds from other sources and shall fail to reimburse such Issuing Bank as provided above, or if the amount of such drawing is not fully refunded through an Alternate Base Rate Loan as provided above, the unreimbursed amount of such drawing shall bear interest at the rate which would be payable on any outstanding Alternate Base Rate Loans which were then overdue from the date such amounts become payable (whether at stated maturity, by acceleration or otherwise) until payment in full.

Appears in 1 contract

Samples: Credit Agreement (Spirit Realty Capital, Inc.)

Manner of Reimbursement. Upon its receipt of a notice referred to in the immediately preceding subsection (d), the Borrower Representative shall advise the Administrative Agent and the applicable Issuing Bank whether or not the applicable Borrower intends to borrow hereunder to finance its obligation to reimburse the applicable such Issuing Bank for the amount of the related demand for payment and, if it does, the Borrower Representative shall submit a timely request for such Borrowing borrowing as provided in the applicable provisions of this Agreement. If the Borrower Representative fails to so advise the AgentAdministrative Agent and such Issuing Bank, or if the Borrower fails Borrowers fail to reimburse the applicable such Issuing Bank for a demand for payment under a Letter of Credit by the date required by Section 2.05(d)of such payment, the failure of which such Issuing Bank shall promptly notify the Administrative Agent, then (i) if the applicable conditions contained in Article III V. would permit the making of Revolving Loans, the Borrower for whose account such Letter of Credit was issued shall be deemed to have requested a Borrowing borrowing of Revolving Loans (which shall be Alternate Base Rate Loans) in an amount equal to the unpaid Reimbursement Obligation Obligation, and the Administrative Agent shall give each Revolving Lender prompt notice of the amount of the Revolving Loan to be made available by such Revolving Lender to the Agent. If Administrative Agent not later than 1:00 p.m. Eastern time and (ii) if such conditions would not permit the making of Revolving Loans, the Agent shall so notify the applicable Issuing Bank and such Issuing Bank shall notify the Lenders of such demand for payment and the provisions of subsection (j) of this Section shall apply. If any notice referenced The limitations set forth in the immediately preceding second sentence is received by a Lender not later than 11:00 a.m. (Charlotte, North Carolina time) on the date of demand therefor, then such Lender shall make such payment available to the Agent or the applicable Issuing Bank, as applicable, not later than 2:00 p.m. (Charlotte, North Carolina time) on the date of demand therefor; otherwise, such payment shall be made available to the Agent or the applicable Issuing Bank, as applicable, not later than 1:00 p.m. (Charlotte, North Carolina time) on the next succeeding Business Day. The limitations of Section 2.01(b2.1.(a) shall not apply to any Borrowing borrowing of Revolving Base Rate Loans under this subsection. If the Borrower has elected to pay the amount of such drawing with funds from other sources and shall fail to reimburse such Issuing Bank as provided above, or if the amount of such drawing is not fully refunded through an Alternate Base Rate Loan as provided above, the unreimbursed amount of such drawing shall bear interest at the rate which would be payable on any outstanding Alternate Base Rate Loans which were then overdue from the date such amounts become payable (whether at stated maturity, by acceleration or otherwise) until payment in full.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Sl Green Operating Partnership, L.P.)

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