Payments by Lenders. (A) If the Borrower fails to pay any LC Reimbursement Obligation in full when due, the relevant LC Issuing Bank may notify the Administrative Agent of the unreimbursed amount and request that the Lenders reimburse such LC Issuing Bank for their respective Commitment Percentages thereof. Promptly after it receives any such notice, the Administrative Agent shall notify each Lender of the unreimbursed amount and such Lender's Commitment Percentage thereof. Upon receiving such notice from the Administrative Agent, each Lender shall make available to such LC Issuing Bank, at its address referred to in Section 9.01, an amount equal to such Lender's Commitment Percentage of such unreimbursed amount, in Federal or other funds immediately available to such LC Issuing Bank, by 3:00 P.M. (New York City time) (i) on the date such Lender receives such notice if it is received at or before 12:00 Noon (New York City time) on such day or (ii) on the next Domestic Business Day if such notice is received after 12:00 Noon (New York City time) on the date of receipt, in each case together with interest on such amount for each day from and including the relevant LC Payment Date to but excluding the day such payment is due from such Lender at the Federal Funds Rate for such day. Upon payment in full thereof, such Lender shall be subrogated to the rights of such LC Issuing Bank against the Borrower to the extent of such Lender's Commitment Percentage of the related LC Reimbursement Obligation (including interest accrued thereon).
Payments by Lenders. Each Lender (other than the Issuing Bank) shall pay to Agent for the account of the Issuing Bank in Dollars and in immediately available funds, such Lender's Pro Rata Share of any payment under a Letter of Credit upon notice by Agent to such Lender requesting such payment and specifying such amount as provided in Section 2.15.4. Each such Lender's obligation to make such payments to Agent for the account of the Issuing Bank under this Section 2.15.5, and the Issuing Bank's right to receive the same, shall be absolute and unconditional and shall not be affected by any circumstance whatsoever, including the failure of any other Lender to make its payment under this Section 2.15.5, the financial condition of Borrower, the existence of any Unmatured Default or Event of Default or the termination of the Commitments. Each such payment to the Issuing Bank shall be made without any offset, abatement, withholding or reduction whatsoever, EVEN IN THE PRESENCE OF ORDINARY NEGLIGENCE ON THE PART OF THE ISSUING BANK; provided, nothing contained in the foregoing shall limit the Issuing Bank's liability for its gross negligence or willful misconduct in improperly honoring a draft drawn under a Letter of Credit.
Payments by Lenders. Upon becoming aware of any amount required to be paid by any Lender to the Issuing Lender pursuant to Section 3.4(a) in respect of any unreimbursed portion of any payment made by the Issuing Lender under any Letter of Credit, the Issuing Lender shall notify each Lender of the amount and due date of such required payment and such Lender shall pay to the Issuing Lender the amount specified on the applicable due date. If any such amount is paid to the Issuing Lender after the date such payment is due, such Lender shall pay to the Issuing Lender on demand, in addition to such amount, the product of (i) such amount, multiplied by (ii) the daily average Federal Funds Rate as determined by the Administrative Agent during the period from and including the date such payment is due to the date on which such payment is immediately available to the Issuing Lender, multiplied by (iii) a fraction the numerator of which is the number of days that elapse during such period and the denominator of which is three hundred sixty (360). A certificate of the Issuing Lender with respect to any amounts owing under this Section 3.4(b) shall be conclusive in the absence of manifest error. With respect to payment to the Issuing Lender of the unreimbursed amounts described in this Section 3.4(b), if the Lenders receive notice that any such payment is due (A) prior to 1:00 p.m. on any Business Day, such payment shall be due that Business Day, and (B) after 1:00 p.m. on any Business Day, such payment shall be due on the following Business Day.
Payments by Lenders. If Borrower fails to (a) continuously maintain insurance as required by this Agreement or (b) pay any amount owed to any Person when due if Borrower’s failure to pay could reasonably be expected to have a Material Adverse Effect, Administrative Agent or Lenders can, but will not have any obligation to, (x) obtain insurance on behalf of Borrower as required by this Agreement if such coverage is available on commercially reasonable terms or (y) pay the unpaid amount(s) on behalf of Borrower. Administrative Agent or any Lender will give Borrower at least three Business Days notice prior to exercising its rights under the preceding sentence unless an Event of Default exists, in which case no prior notice will be necessary. Borrower will reimburse Administrative Agent or such Lender upon demand for all amounts (including reasonable attorneys fees) paid by Administrative Agent or such Lender to any Person under this Section 7.2. If Borrower fails to reimburse those amounts upon demand, the unreimbursed amounts will become part of the Obligations.
Payments by Lenders. The Lenders shall as soon as reasonably practicable make such payments to each other, through the ECA Agent, as the ECA Agent shall direct to effect the proportionate divisions referred to in clause 13.12.2.
Payments by Lenders. Upon the effectiveness of this First Amendment, each New Lender shall, to the extent necessary, make a payment to the Administrative Agent in an amount sufficient, upon the application of such payments by all such Lenders to the reduction of outstanding Revolving Loans held by Bank of America, to cause the principal amount of Revolving Loans outstanding made by each Lender to be in the amount of its Applicable Percentage (after giving effect to this First Amendment) of all outstanding Revolving Loans. The Borrower hereby irrevocably authorizes each New Lender to fund to the Administrative Agent the payment required to be made pursuant to the immediately preceding sentence for application to the reduction of the outstanding Revolving Loans held by Bank of America. If, as a result of the repayment of Revolving Loans provided for in this Section 4, any payment of Eurodollar Rate Loans occurs on a day which is not the last day of the applicable Interest Period, the Borrower will pay to the Administrative Agent for the benefit of Bank of America any amounts required to be paid pursuant to Section 3.05 of the Credit Agreement. Upon the effective date of this First Amendment, each New Lender shall be deemed to have irrevocably and unconditionally purchased and received, without recourse or warranty, an undivided participation in any outstanding L/C Obligations and Swing Line Loans in accordance with its Applicable Percentage (after giving effect to this First Amendment).
Payments by Lenders. Notwithstanding anything to the contrary contained herein, commencing with the first Business Day following the Closing Date, each borrowing of Revolving Credit Advances shall be advanced by Agent and each payment by Borrower on account of Revolving Credit Advances shall be applied first to those Revolving Credit Advances made by Agent. On or before 1:00 P.M., New York time, on each Lender Settlement Date commencing with the first Lender Settlement Date following the Closing Date, Agent and the Lenders shall make certain payments as follows: (I) if the aggregate amount of new Revolving Credit Advances made by Agent during the preceding Week exceeds the aggregate amount of repayments applied to outstanding Revolving Credit Advances during such preceding Week, then each Lender shall provide Agent with funds in an amount equal to its U.S. Commitment Percentage of the difference between (w) such Revolving Credit Advances and (x) such repayments and (II) if the aggregate amount of repayments applied to outstanding Revolving Credit Advances during such Week exceeds the aggregate amount of new Revolving Credit Advances made during such Week, then Agent shall provide each Lender with its U.S. Commitment Percentage of the difference between (y) such repayments and (z) such Revolving Credit Advances.
Payments by Lenders. Each Lender hereby agrees that it shall pay to the LC Issuer prior to 2:00 p.m. (New York City time) on the date the LC Issuer honors each drawing under a Letter of Credit such Lender's Proportionate Share of such Letter of Credit drawing; provided, that, if the Company should pay in full or in part any Letter of Credit drawing on the date thereof, the obligation of each Lender to pay to the LC Issuer pursuant to this Section its Proportionate Share of such drawing shall be reduced by an amount equal to such Lender's Proportionate Share of such payment. Amounts paid in excess of the net amount so owed shall promptly be refunded by the LC Issuer to such Lender.
Payments by Lenders. Each Lender hereby agrees that it shall pay to the Agent prior to 1:00 p.m. (New York City time) on the date the Agent honors each drawing under a Letter of Credit such Lender's Percentage of such Letter of Credit drawing; PROVIDED, that if the Borrower should pay in full or in part any Letter of Credit drawing on the date thereof, the obligation of each Lender to pay to the Agent pursuant to this SECTION 3.5.4 with respect to such drawing shall be reduced by an amount equal to such Lender's Percentage of such payment. Amounts paid by any Lender in excess of the net amount so owed shall promptly be refunded by the Agent to such Lender.
Payments by Lenders. All payments to be made by a Lender to a Borrower under this agreement shall be made for value in the place of payment on the due date to the account of the Facility Agent previously notified by the Facility Agent to each Lender, provided that where a Lender is due to receive any funds from a Borrower under this agreement on the same day and in the same currency as that on and in which it is to make a payment to that Borrower, it may (having given notice to the Facility Agent and the relevant Borrower no later than the second Business Day before the date of payment) apply the payment to be made by it in or towards satisfaction of the payment to be made to it.
