Common use of Participation Among Lenders Clause in Contracts

Participation Among Lenders. On each day during the period commencing with the issuance by the Issuing Bank of any Letter of Credit and until such Letter of Credit shall have expired or been terminated or, if drawn upon, until the resulting obligations of reimbursement (the "Reimbursement Obligations") have been satisfied in full by Borrower (whether by a borrowing under this Agreement or otherwise), the Commitment of each Lender shall be deemed to be utilized for all purposes of this Agreement (including, but not limited to, the calculation of availability and of the nonuse fee) in an amount equal to such Lender's Pro Rata Share of the Letter of Credit Liabilities associated with such Letter of Credit. Each Lender (other than the Issuing Bank) agrees that, upon the issuance of any Letter of Credit, it shall automatically be deemed to have acquired a participation in the Issuing Bank's liability under such Letter of Credit in an amount equal to such Lender's Pro Rata Share of such liability, and each Lender (other than the Issuing Bank) thereby shall absolutely, unconditionally and irrevocably assume, as primary obligor and not as surety, and shall be unconditionally obligated to the Issuing Bank to pay and discharge when due, its Pro Rata Share of the Issuing Bank's liability under such Letter of Credit.

Appears in 2 contracts

Samples: Loan Agreement (Physicians Resource Group Inc), Loan Agreement (Physicians Resource Group Inc)

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Participation Among Lenders. On each day during the period commencing with the issuance by the Issuing Bank of any Letter of Credit and until such Letter of Credit shall have expired or been terminated or, if drawn upon, until the resulting obligations of reimbursement (the "Reimbursement Obligations") have been satisfied in full by Borrower Borrowers (whether by a borrowing under this Agreement or otherwise), the Revolving Credit Commitment of each Lender shall be deemed to be utilized for all purposes of this Agreement (including, but not limited to, the calculation of availability and of the nonuse fee) in an amount equal to such Lender's Pro Rata Share of the Letter of Credit Liabilities associated with such Letter of Credit. Each Lender (other than the Issuing Bank) agrees that, upon the issuance of any Letter of Credit, it shall automatically be deemed to have acquired a participation in the Issuing Bank's liability under such Letter of Credit in an amount equal to such Lender's Pro Rata Share of such liability, and each Lender (other than the Issuing Bank) thereby shall absolutely, unconditionally and irrevocably assume, as primary obligor and not as surety, and shall be unconditionally obligated to the Issuing Bank to pay and discharge when due, its Pro Rata Share of the Issuing Bank's liability under such Letter of Credit.

Appears in 2 contracts

Samples: Credit Agreement (Books a Million Inc), Credit Agreement (Response Oncology Inc)

Participation Among Lenders. On each day during the period commencing with the issuance by the Issuing Bank Agent of any Letter of Credit and until such Letter of Credit shall have expired or been terminated or, if drawn upon, until the resulting obligations of reimbursement (the "Reimbursement Obligations") have been satisfied in full by Borrower Borrowers (whether by a borrowing under this Agreement or otherwise), the Revolving Credit Commitment of each Lender shall be deemed to be utilized for all purposes of this Agreement (including, but not limited to, the calculation of availability and of the nonuse feeavailability) in an amount equal to such Lender's ’s Pro Rata Share of the Letter of Credit Liabilities associated with such Letter of Credit. Each Lender (other than the Issuing BankAgent) agrees that, upon the issuance of any Letter of Credit, it shall automatically be deemed to have acquired a participation in the Issuing Bank's Agent’s liability under such Letter of Credit in an amount equal to such Lender's ’s Pro Rata Share of such liability, and each Lender (other than the Issuing BankAgent) thereby shall absolutely, unconditionally and irrevocably assume, as primary obligor and not as surety, and shall be unconditionally obligated to the Issuing Bank Agent to pay and discharge when due, its Pro Rata Share of the Issuing Bank's Agent’s liability under such Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Protective Life Insurance Co)

Participation Among Lenders. On each day during the period commencing with the issuance by the Issuing Bank NationsBank of any Letter of Credit and until such Letter of Credit shall have expired or been terminated or, if drawn upon, until the resulting obligations of reimbursement (the "Reimbursement Obligations") have been satisfied in full by Borrower (whether by a borrowing under this Agreement or otherwise), the Commitment of each Lender shall be deemed to be utilized for all purposes of this Agreement (including, but not limited to, the calculation of availability and of the nonuse fee) in an amount equal to such Lender's Pro Rata Share of the Letter of Credit Liabilities associated with such Letter of Credit. Each Lender (other than the Issuing BankNationsBank) agrees that, upon the issuance of any Letter of Credit, it shall automatically be deemed to have acquired a participation in the Issuing BankNationsBank's liability under such Letter of Credit in an amount equal to such Lender's Pro Rata Share of such liability, and each Lender (other than the Issuing BankNationsBank) thereby shall absolutely, unconditionally and irrevocably assume, as primary obligor and not as surety, and shall be unconditionally obligated to the Issuing Bank NationsBank to pay and discharge when due, its Pro Rata Share of the Issuing BankNationsBank's liability under such Letter of Credit.

Appears in 1 contract

Samples: Loan Agreement (Response Oncology Inc)

Participation Among Lenders. On each day during the period commencing with the issuance by the Issuing Bank NationsBank of any Letter of Credit and until such Letter of Credit shall have expired or been terminated or, if drawn upon, until the resulting obligations of reimbursement (the "Reimbursement Obligations") have been satisfied in full by the Borrower (whether by a borrowing under this Agreement or otherwise), the Commitment of each Lender shall be deemed to be utilized for all purposes of this Agreement (including, but not limited to, the calculation of availability and of the nonuse fee) in an amount equal to such Lender's Pro Rata Share of the Letter of Credit Liabilities associated with such Letter of Credit. Each Lender (other than the Issuing BankNationsBank) agrees that, upon the issuance of any Letter of Credit, it shall automatically be deemed to have acquired a participation in the Issuing BankNationsBank's liability under such Letter of Credit in an amount equal to such Lender's Pro Rata Share of such liability, and each Lender (other than the Issuing BankNationsBank) thereby shall absolutely, unconditionally and irrevocably assume, as primary obligor and not as surety, and shall be unconditionally obligated to the Issuing Bank NationsBank to pay and discharge when due, its Pro Rata Share of the Issuing BankNationsBank's liability under such Letter of Credit.

Appears in 1 contract

Samples: Loan Agreement (Response Oncology Inc)

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Participation Among Lenders. On each day during the period commencing with the issuance by the Issuing Bank Administrative Agent of any Letter of Credit and until such Letter of Credit shall have expired or been terminated or, if drawn upon, until the resulting obligations of reimbursement (the "Reimbursement Obligations") have been satisfied in full by Borrower Borrowers (whether by a borrowing under this Agreement or otherwise), the Revolving Credit Commitment of each Lender shall be deemed to be utilized for all purposes of this Agreement (including, but not limited to, the calculation of availability and of the nonuse feeavailability) in an amount equal to such Lender's ’s Pro Rata Share of the Letter of Credit Liabilities associated with such Letter of Credit. Each Lender (other than the Issuing BankAdministrative Agent) agrees that, upon the issuance of any Letter of Credit, it shall automatically be deemed to have acquired a participation in the Issuing Bank's Administrative Agent’s liability under such Letter of Credit in an amount equal to such Lender's ’s Pro Rata Share of such liability, and each Lender (other than the Issuing BankAdministrative Agent) thereby shall absolutely, unconditionally and irrevocably assume, as primary obligor and not as surety, and shall be unconditionally obligated to the Issuing Bank Administrative Agent to pay and discharge when due, its Pro Rata Share of the Issuing Bank's Administrative Agent’s liability under such Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Protective Life Corp)

Participation Among Lenders. On each day during the period commencing with the issuance by the Issuing Bank of any Letter of Credit and until such Letter of Credit shall have expired or been terminated or, if drawn upon, until the resulting obligations of reimbursement (the "Reimbursement Obligations") have been satisfied in full by Borrower Borrowers (whether by a borrowing under this Agreement or otherwise), the Revolving Credit Commitment of each Lender shall be deemed to be utilized for all purposes of this Agreement (including, but not limited to, the calculation of availability and of the nonuse fee) in an amount equal to such Lender's ’s Pro Rata Share of the Letter of Credit Liabilities associated with such Letter of Credit. Each Lender (other than the Issuing Bank) agrees that, upon the issuance of any Letter of Credit, it shall automatically be deemed to have acquired a participation in the Issuing Bank's ’s liability under such Letter of Credit in an amount equal to such Lender's ’s Pro Rata Share of such liability, and each Lender (other than the Issuing Bank) thereby shall absolutely, unconditionally and irrevocably assume, as primary obligor and not as surety, and shall be unconditionally obligated to the Issuing Bank to pay and discharge when due, its Pro Rata Share of the Issuing Bank's ’s liability under such Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Alfa Corp)

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