Common use of Participations of Lenders Clause in Contracts

Participations of Lenders. On the Effective Date, without any further action on the part of any Fronting Bank or the Lenders, each Fronting Bank issuing one or more Letters of Credit (whether on the Effective Date or at any time thereafter) pursuant to this Section hereby grants to each Lender, and each Lender hereby acquires from such Fronting Bank, a participation in each such Letter of Credit equal to such Lender’s Applicable Percentage of the aggregate amount available to be drawn under such Letter of Credit. In consideration and in furtherance of the foregoing, each Lender hereby absolutely and unconditionally agrees to pay to the Administrative Agent, for the account of the applicable Fronting Bank, such Lender’s Applicable Percentage of each LC Disbursement made by such Fronting Bank and not reimbursed by the Borrower on the date due as provided in paragraph (f)(i) of this Section, or of any reimbursement payment in respect of an LC Disbursement required to be refunded to the Borrower for any reason. Each Lender acknowledges and agrees that its obligation to acquire and fund participations in respect of Letters of Credit pursuant to this paragraph (e) is absolute, unconditional and irrevocable and shall not be affected by any circumstance whatsoever, including any amendment, renewal or extension of any Letter of Credit or the occurrence and continuance of a Default or the reduction or termination of the Commitments, and that each such payment shall be made without any offset, abatement, withholding or reduction whatsoever. For the avoidance of doubt, the parties hereto acknowledge and agree that the funding by a Lender of its participation interest in any LC Disbursement shall not constitute a reimbursement by the Borrower of such LC Disbursement.

Appears in 2 contracts

Samples: Credit Agreement (Tucson Electric Power Co), Credit Agreement (Tucson Electric Power Co)

AutoNDA by SimpleDocs

Participations of Lenders. On the Effective Date, without any further action on the part of any Fronting Issuing Bank or the Lenders, each Fronting Issuing Bank issuing one or more Letters of Credit (whether on the Effective Date or at any time thereafter) pursuant to this Section hereby grants to each Lender, and each Lender hereby acquires from such Fronting Issuing Bank, a participation in each such Letter of Credit equal to such Lender’s Applicable Percentage of the aggregate amount available to be drawn under such Letter of Credit. In consideration and in furtherance of the foregoing, each Lender hereby absolutely and unconditionally agrees to pay to the Administrative Agent, for the account of the applicable Fronting Issuing Bank, such Lender’s Applicable Percentage of each LC Disbursement made by such Fronting Issuing Bank and not reimbursed by the Borrower on the date due as provided in paragraph (f)(i) of this Section, or of any reimbursement payment in respect of an LC Disbursement required to be refunded to the Borrower for any reason. Each Lender acknowledges and agrees that its obligation to acquire and fund participations in respect of Letters of Credit pursuant to this paragraph (e) is absolute, unconditional and irrevocable and shall not be affected by any circumstance whatsoever, including any amendment, renewal or extension of any Letter of Credit or the occurrence and continuance of a Default or the reduction or termination of the Commitments, and that each such payment shall be made without any offset, abatement, withholding or reduction whatsoever. For the avoidance of doubt, the parties hereto acknowledge and agree that the funding by a Lender of its participation interest in any LC Disbursement shall not constitute a reimbursement by the Borrower of such LC Disbursement.

Appears in 1 contract

Samples: Lease Agreement (Unisource Energy Corp)

Participations of Lenders. On the Effective Date, without any further action on the part of any Fronting Bank or the Lenders, each Fronting Bank issuing one or more Letters of Credit (whether on the Effective Date or at any time thereafter) pursuant to this Section hereby grants to each Lender, and each Lender hereby acquires from such Fronting Bank, a participation in each such Letter of Credit equal to such Lender’s Applicable Percentage of the aggregate amount available to be drawn under such Letter of Credit. In consideration and in furtherance of the foregoing, each Lender hereby absolutely and unconditionally agrees to pay to the Administrative Agent, for the account of the applicable Fronting Bank, such LenderXxxxxx’s Applicable Percentage of each LC Disbursement made by such Fronting Bank and not reimbursed by the Borrower on the date due as provided in paragraph (f)(i) of this Section, or of any reimbursement payment in respect of an LC Disbursement required to be refunded to the Borrower for any reason. Each Lender acknowledges and agrees that its obligation to acquire and fund participations in respect of Letters of Credit pursuant to this paragraph (e) is absolute, unconditional and irrevocable and shall not be affected by any circumstance whatsoever, including any amendment, renewal or extension of any Letter of Credit or the occurrence and continuance of a Default or the reduction or termination of the Commitments, and that each such payment shall be made without any offset, abatement, withholding or reduction whatsoever. For the avoidance of doubt, the parties hereto acknowledge and agree that the funding by a Lender of its participation interest in any LC Disbursement shall not constitute a reimbursement by the Borrower of such LC Disbursement.

Appears in 1 contract

Samples: Credit Agreement (Tucson Electric Power Co)

AutoNDA by SimpleDocs

Participations of Lenders. (a) On the Effective Datedate of issuance or amendment of each Letter of Credit, without the L/C Agent shall purchase a participation form, or execute an indemnity or reimbursement obligation in favor of, the L/C Issuer with respect to such Letter of Credit. Without any further action on the part of the L/C Agent, the L/C Issuer or any Fronting Bank or the LendersRevolving Loan Lender, each Fronting Bank issuing one or more Letters of Credit (whether on the Effective Date or at any time thereafter) pursuant to this Section hereby grants to each LenderRevolving Loan Lender shall be deemed to, and each Lender hereby acquires irrevocably and unconditionally agrees to, purchase from such Fronting Bank, the L/C Agent a participation in each such Letter of Credit in an amount (the “L/C Participation Amount”) equal to the product of such Revolving Loan Lender’s Applicable Percentage Pro Rata Share of the aggregate amount available to be drawn under such Letter of Credit. In consideration and With respect to each Letter of Credit issuance or amendment, each Revolving Loan Lender shall deposit with the L/C Agent in furtherance the L/C Deposit Account an L/C Deposit equal to its L/C Participation Amount in immediately available funds not later than 1:00 p.m. (New York City time) on the Business Day prior to the requested date of issuance of the foregoingapplicable Letter of Credit. Except as expressly provided for herein, each such deposits shall be irrevocable and no Revolving Loan Lender shall have any right to withdraw any of its L/C Deposit. Each Revolving Loan Lender hereby absolutely and unconditionally agrees to pay to that if the Administrative AgentL/C Issuer makes an L/C Disbursement, the L/C Agent shall reimburse the L/C Issuer for the account such Revolving Loan Lender’s Pro Rata Share of the applicable Fronting Bank, amount of such L/C Disbursement from such Revolving Loan Lender’s Applicable Percentage of each LC Disbursement made by such Fronting Bank and not reimbursed by L/C Deposit on deposit in the Borrower on the date due L/C Deposit Account, as provided in paragraph (f)(i) of this Section, or of any reimbursement payment in respect of an LC Disbursement required to be refunded to the Borrower for any reason. Each Lender acknowledges and agrees that its obligation to acquire and fund participations in respect of Letters of Credit pursuant to this paragraph (e) is absolute, unconditional and irrevocable and shall not be affected by any circumstance whatsoever, including any amendment, renewal or extension of any Letter of Credit or the occurrence and continuance of a Default or the reduction or termination of the Commitments, and that each such payment shall be made without any offset, abatement, withholding or reduction whatsoever. For the avoidance of doubt, the parties hereto acknowledge and agree that the funding by a Lender of its participation interest in any LC Disbursement shall not constitute a reimbursement by the Borrower of such LC DisbursementSection 3.04 below.

Appears in 1 contract

Samples: Financing Agreement (Spheris Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.