Common use of Participations in Letters of Credit Clause in Contracts

Participations in Letters of Credit. (a) Concurrently with the issuance of each Letter of Credit, Issuing Lender shall be deemed to have sold and transferred to each other Lender with a Revolving Loan Commitment, and each other Lender with a Revolving Loan Commitment shall be deemed irrevocably and unconditionally to have purchased and received from Issuing Lender, without recourse or warranty, an undivided interest and participation, to the extent of such Lender’s Pro Rata Share, in such Letter of Credit and Borrower’s reimbursement obligations with respect thereto. If Borrower does not pay any reimbursement obligation when due, then Borrower shall be deemed to have immediately requested that Lenders with a Revolving Loan Commitment make a Revolving Loan which is a Base Rate Loan in a principal amount equal to such reimbursement obligation. Agent shall promptly notify Lenders that have a Revolving Loan Commitment of such deemed request and, without the necessity of compliance with the requirements of Section 2.2.2 or 4.2, each such Lender shall make available to Agent its Pro Rata Share of such Loan. The proceeds of such Loan shall be paid over by Agent to Issuing Lender for the account of Borrower in satisfaction of such reimbursement obligations.

Appears in 2 contracts

Samples: Credit Agreement (Compass Diversified Holdings), Assignment Agreement (Compass Group Diversified Holdings LLC)

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Participations in Letters of Credit. (a) Concurrently with the issuance of each Letter of Credit, Issuing Lender shall be deemed to have sold and transferred to each other Lender with a Revolving Loan Commitment, and each other Lender with a Revolving Loan Commitment shall be deemed irrevocably and unconditionally to have purchased and received from Issuing Lender, without recourse or warranty, an undivided interest and participation, to the extent of such Lender’s Pro Rata Revolving Share, in such Letter of Credit and Borrower’s Borrowers’ reimbursement obligations with respect thereto. If Borrower does Borrowers do not pay any reimbursement obligation when due, then Borrower Borrowers shall be deemed to have immediately requested that Lenders with a Revolving Loan Commitment make a Revolving Loan which is a Base Rate Loan in a principal amount equal to such reimbursement obligation. Agent shall promptly notify Lenders that have a Revolving Loan Commitment of such deemed request and, without the necessity of compliance with the requirements of Section 2.2.2 or 4.2, each such Lender shall make available to Agent its Pro Rata Revolving Share of such Loan. The proceeds of such Loan shall be paid over by Agent to Issuing Lender for the account of Borrower Borrowers in satisfaction of such reimbursement obligations.

Appears in 1 contract

Samples: Credit Agreement (Rosetta Stone Inc)

Participations in Letters of Credit. (ai) Concurrently with the issuance of each Letter of Credit, the Issuing Lender shall be deemed to have sold and transferred to each other Lender with a commitment under the Revolving Loan CommitmentFacility, and each other Lender with a commitment under the Revolving Loan Commitment Facility shall be deemed irrevocably and unconditionally to have purchased and received from the Issuing Lender, without recourse or warranty, an undivided interest and participation, to the extent of such Lender’s Pro Rata Share's pro rata share of the Revolving Facility Commitment, in such Letter of Credit and the Borrower’s 's reimbursement obligations with respect thereto. If the Borrower does not pay any reimbursement obligation when due, then the Borrower shall be deemed to have immediately requested that the Lenders with a commitment under the Revolving Loan Commitment Facility make a Revolving Loan which is a Base Rate Loan an Advance in a principal amount equal to such reimbursement obligation. The Agent shall promptly notify the Lenders that have a commitment under the Revolving Loan Commitment Facility of such deemed request and, without the necessity of compliance with the requirements of Section 2.2.2 or 4.2, and each such Lender shall make available to the Agent its Pro Rata Share pro rata share of such LoanAdvance. The proceeds of such Loan Advance shall be paid over by the Agent to the Issuing Lender for the account of the Borrower in satisfaction of such reimbursement obligations.

Appears in 1 contract

Samples: Credit Agreement (CreditCards.com, Inc.)

Participations in Letters of Credit. (a) Concurrently with the issuance of each Letter of Credit, Issuing Lender shall be deemed to have sold and transferred to each other Lender with a Revolving Loan CommitmentLender, and each other Lender with a Revolving Loan Commitment shall be deemed irrevocably and unconditionally to have purchased and received from Issuing Lender, without recourse or warranty, an undivided interest and participation, to the extent of such Lender’s 's Pro Rata Revolving Share, in such Letter of Credit and Borrower’s 's reimbursement obligations with respect thereto. If Borrower does not pay any reimbursement obligation when due, then Borrower shall be deemed to have immediately requested that Lenders with a Revolving Loan Commitment make a Revolving Loan which is a Base Rate Loan in a principal amount equal to such reimbursement obligation. Agent shall promptly notify Lenders that have a Revolving Loan Commitment of such deemed request and, without the necessity of compliance with the requirements of Section 2.2.2 or 4.2, each such Lender shall make available to Agent its Pro Rata Revolving Share of such Loan. The proceeds of such Loan shall be paid over by Agent to Issuing Lender for the account of Borrower in satisfaction of such reimbursement obligations.

Appears in 1 contract

Samples: Credit Agreement (Dwyer Group Inc)

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Participations in Letters of Credit. (a) Concurrently with the issuance of each Letter of Credit, Issuing Lender shall be deemed to have sold and transferred to each other Lender with a Revolving Loan Commitment, and each other Lender with a Revolving Loan Commitment shall be deemed irrevocably and unconditionally to have purchased and received from Issuing Lender, without recourse or warranty, an undivided interest and participation, to the extent of such Lender’s Pro Rata Revolving Share, in such Letter of Credit and Borrower’s reimbursement obligations with respect thereto. If Borrower does not pay any reimbursement obligation when due, then Borrower shall be deemed to have immediately requested that Lenders with a Revolving Loan Commitment make a Revolving Loan which is a Base Rate Loan in a principal amount equal to such reimbursement obligation. Agent shall promptly notify Lenders that have a Revolving Loan Commitment of such deemed request and, without the necessity of compliance with the requirements of Section 2.2.2 or 4.2, each such Lender shall make available to Agent its Pro Rata Revolving Share of such Loan. The proceeds of such Loan shall be paid over by Agent to Issuing Lender for the account of Borrower in satisfaction of such reimbursement obligations.

Appears in 1 contract

Samples: Credit Agreement (AmWINS GROUP INC)

Participations in Letters of Credit. (a) Concurrently with the issuance of each Letter of Credit, Issuing Lender shall be deemed to have sold and transferred to each other Lender with a Revolving Loan CommitmentLender, and each other Lender with a Revolving Loan Commitment shall be deemed irrevocably and unconditionally to have purchased and received from Issuing Lender, without recourse or warranty, an undivided interest and participation, to the extent of such Lender’s 's Pro Rata Revolving Share, in such Letter of Credit and Borrower’s 's reimbursement obligations with respect thereto. If Borrower does not pay any reimbursement obligation when due, then Borrower shall be deemed to have immediately requested that Lenders with a Revolving Loan Commitment make a Revolving Loan which is a Base Rate Loan in a principal amount equal to such reimbursement obligation. Agent shall promptly notify Lenders that have a Revolving Loan Commitment in writing of such deemed request and, without the necessity of compliance with the requirements of Section 2.2.2 or 4.2, each such Lender shall make available to Agent its Pro Rata Revolving Share of such Loan. The proceeds of such Loan shall be paid over by Agent to Issuing Lender (or, at Agent's discretion, to the issuer of any letter of credit in respect of which Issuing Lender has delivered a participation agreement) for the account of Borrower in satisfaction of such reimbursement obligations.

Appears in 1 contract

Samples: Credit Agreement (American Coin Merchandising Inc)

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