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 Agent for the amount of the related demand for payment and, if it does, the Borrower shall submit a timely Notice of Borrowing as provided in Section 2.1.(b). If the Borrower fails to so advise the Agent, or if the Borrower fails to reimburse the Agent for a demand for payment under a Letter of Credit by the date of such payment, then (i) if the applicable conditions contained in Article VI. would permit the making of Revolving Loans, the Borrower shall be deemed to have requested a borrowing of Revolving Loans (which shall be Base Rate Loans but which Loans shall not be subject to the limitations of Section 3.5.) 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 by such Lender, the proceeds of which such Lender shall make available to the Agent not later than 3:00 p.m. and (ii) if such conditions would not permit the making of Revolving Loans, the provisions of subsection (j) of this Section shall apply.

Appears in 1 contract

Samples: Credit Agreement (First Washington Realty Trust Inc)

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Manner of Reimbursement. Upon its receipt of a notice referred to in the immediately preceding subsection (dSection 2.3(d), the Borrower shall advise the Administrative Agent and the Issuing Lender whether or not the Borrower intends to borrow hereunder to finance its obligation to reimburse the Agent Issuing Lender for the amount of the related demand for payment and, if it does, the Borrower shall submit a timely Notice of Borrowing as provided in Section 2.1.(b)payment. If the Borrower fails to so advise the AgentAdministrative Agent and the Issuing Lender, or if the Borrower fails to reimburse the Agent Issuing Lender for a demand for payment under a Letter of Credit by the date of such payment, then (i) if the applicable conditions contained in Article VI. V would permit the making of Revolving Loans, the Borrower shall be deemed to have requested a borrowing of Revolving Loans (which shall be Base Rate Loans but which Loans shall not be subject to bear interest at the limitations of Section 3.5.Alternate Base Rate plus the Applicable Margin) 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 by such Lender, the proceeds of which such Lender shall make available to the Administrative Agent for the account of the Issuing Lender not later than 3:00 2:00 p.m. and (ii) if such conditions would not permit the making of Revolving Loans, the provisions of subsection (jSection 2.3(j) of this Section shall apply. The limitations of Section 3.5(a) shall not apply to any borrowing of Base Rate Loans under this subsection.

Appears in 1 contract

Samples: Credit Agreement (Wells Core Office Income Reit 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 whether or not the Borrower intends to borrow hereunder to finance its obligation to reimburse the Administrative Agent for the amount of the related demand for payment and, if it does, the Borrower shall submit a timely Notice of Borrowing as provided in Section 2.1.(b). If the Borrower fails to so advise the Administrative Agent, or if the Borrower fails to reimburse the Administrative Agent for a demand for payment under a Letter of Credit by the date of such payment, then (i) if the applicable conditions contained in Article VI. V. would permit the making of Revolving Loans, the Borrower shall be deemed to have requested a borrowing of Revolving Loans (which shall be Base Rate Loans but which Loans shall not be subject to the limitations of Section 3.5.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 (which shall not be subject to the limitations of Section 3.5.) to be made by such Lender, the proceeds of which such Lender shall make available to the Administrative Agent not later than 3:00 p.m. and (ii) if such conditions would not permit the making of Revolving Loans, the provisions of subsection (j) of this Section shall apply.

Appears in 1 contract

Samples: Credit Agreement (CNL American Properties Fund Inc)

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Manner of Reimbursement. Upon its receipt of a notice referred to in the immediately preceding subsection (dD), the Borrower shall advise the Administrative Agent whether or not the Borrower intends to borrow hereunder to finance its obligation to reimburse the Administrative Agent for the amount of the related demand for payment and, if it does, the Borrower shall submit a timely Notice of Borrowing as provided in Section 2.1.(b2.1(a)(i)(B). If the Borrower fails to so advise the Administrative Agent, or if the Borrower fails to reimburse the Administrative Agent for a demand for payment under a Letter of Credit by the date of such payment, then (i) if the applicable conditions contained in Article VI. would permit the making of Revolving Loans3 have been satisfied, the Borrower shall be deemed to have requested a borrowing of Revolving Loans an Advance (which shall be a Base Rate Loans but which Loans shall not be subject to the limitations of Section 3.5.Advance) 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 Advance to be made by such Lender, the proceeds of which such Lender shall make available to the Administrative Agent not later than 3:00 p.m. 11:00 A.M. (California time) and (ii) if such the conditions would to Article III have not permit the making of Revolving Loansbeen satisfied, the provisions of subsection (jJ) of this Section shall apply.

Appears in 1 contract

Samples: Credit Agreement (Arden Realty Inc)

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