Common use of Payments by Lenders Clause in Contracts

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).

Appears in 7 contracts

Samples: Credit Agreement (Tenet Healthcare Corp), Credit Agreement (Tenet Healthcare Corp), Credit Agreement (Tenet Healthcare Corp)

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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 RL Lenders reimburse such LC Issuing Bank for their respective Commitment RL Percentages thereof. Promptly after it receives any such notice, the Administrative Agent shall notify each RL Lender of the unreimbursed amount and such RL Lender's Commitment RL Percentage thereof. Upon receiving such notice from the Administrative Agent, each RL Lender shall make available to such LC Issuing Bank, at its address referred specified in or pursuant to in Section 9.0110.01, an amount equal to such RL Lender's Commitment RL 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 day such RL 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 RL Lender at the Federal Funds Rate for such day. Upon payment in full thereof, such RL Lender shall be subrogated to the rights of such LC Issuing Bank against the Borrower to the extent of such RL Lender's Commitment RL Percentage of the related LC Reimbursement Obligation (including interest accrued thereon).

Appears in 2 contracts

Samples: Credit Agreement (Tekni Plex Inc), Credit Agreement (Tekni Plex Inc)

Payments by Lenders. (Ai) If the Borrower fails to pay any LC Reimbursement Obligation in full when due, the relevant LC Issuing Bank Issuer may notify the Administrative Agent of the unreimbursed amount and request that the Lenders reimburse such LC Issuing Bank the Issuer 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 Bankthe Issuer, at its address referred specified in or pursuant to in Section 9.0110.01, an amount equal to such Lender's Commitment Percentage of such unreimbursed amount, in Federal federal or other funds immediately available to such LC Issuing Bankthe Issuer, by 3:00 P.M. (New York, New York City time) (iA) on the date day such Lender receives such notice if it is received at or before 12:00 Noon (New York, New York City time) on such day or (iiB) on the next Domestic Business Day if such notice is received after 12:00 Noon (New York, 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 the Issuer against the Borrower to the extent of such Lender's Commitment Percentage of the related LC Reimbursement Obligation (including interest accrued thereon).

Appears in 1 contract

Samples: Credit Agreement (Marvel Enterprises Inc)

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 ’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 ’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 ’s Commitment Percentage of the related LC Reimbursement Obligation (including interest accrued thereon).

Appears in 1 contract

Samples: Credit Agreement (Tenet Healthcare Corp)

Payments by Lenders. (Ai) If the Borrower fails to pay any LC Reimbursement Obligation in full when due, the relevant LC Issuing Bank Issuer may notify the Administrative Agent of the unreimbursed amount and request that the Tranche I Revolving Lenders reimburse such LC Issuing Bank Issuer for their respective Tranche I Revolving Commitment Percentages thereof. Promptly after it receives any such notice, the Administrative Agent shall notify each Tranche I Revolving Lender of the unreimbursed amount and such Tranche I Revolving Lender's ’s Tranche I Revolving Commitment Percentage thereof. Upon receiving such notice from the Administrative Agent, each Tranche I Revolving Lender shall make available to such LC Issuing BankIssuer, at its address referred specified in or pursuant to in Section 9.01, an amount equal to such Tranche I Revolving Lender's ’s Tranche I Revolving Commitment Percentage of such unreimbursed amount, in Federal or other funds immediately available to such LC Issuing BankIssuer, by 3:00 P.M. (New York City time) (iA) on the date day such Tranche I Revolving Lender receives such notice if it is received at or before 12:00 Noon (New York City time) on such day or (iiB) 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 Tranche I Revolving Lender at the Federal Funds Rate for such day. Upon payment in full thereof, such Tranche I Revolving Lender shall be subrogated to the rights of such LC Issuing Bank Issuer against the Borrower to the extent of such Tranche I Revolving Lender's ’s Tranche I Revolving Commitment Percentage of the related LC Reimbursement Obligation (including interest accrued thereon).

Appears in 1 contract

Samples: Credit Agreement (Sybron Chemicals Inc)

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Payments by Lenders. (Ai) If the Borrower fails to pay any LC Reimbursement Obligation in full when due, the relevant LC Issuing Bank may Administrative Agent shall notify the Administrative Agent Lenders of the unreimbursed amount and request that the Lenders reimburse such the Administrative Agent, for the account of the LC Issuing Bank 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 the Administrative Agent, for the account of the 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 the Administrative Agent, for the account of the LC Issuing Bank, by 3:00 P.M. (New York City time) (iA) 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 (iiB) 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 the 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).

Appears in 1 contract

Samples: Credit Agreement (Tenet Healthcare Corp)

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 Unless the Administrative Agent shall have received notice from a Lender (i) prior to the date of any such Borrowing (including without limitation Borrowings made pursuant to Section 2.1B) that such Lender will not make available to the Administrative Agent such Lender's Pro Rata Share (with respect to the applicable Commitment) of such Borrowing or (ii) prior to the date of the unreimbursed amount and request issuance of any Letter of Credit that the Lenders reimburse such LC Issuing Bank for their respective Commitment Percentages thereof. Promptly after it receives any Lender will not purchase a participation in such noticeLetter of Credit, in each case because of an existence of an Event of Default or a Potential Event of Default, the Administrative Agent shall notify each may assume that such Lender has made such amount available to the Administrative Agent on the date of such Borrowing in accordance with Section 2.2A (or otherwise in accordance with Section 2.1B) or that such Lender will purchase a participation in such Letter of Credit in accordance with Section 2.16, as the unreimbursed case may be, and the Administrative Agent may, in reliance upon such assumption, make available to the Borrowers (or in the case of a Revolving Loan made pursuant to Section 2.1B, to the Swing Line Lender) on such date a corresponding amount and the Issuing Bank may, in reliance upon such Lender's Commitment Percentage thereofassumption, issue the Letter of Credit, as the case may be. Upon receiving If and to the extent that a Lender not providing such notice from shall not have so made its Pro Rata Share (with respect to the applicable Commitment) available to 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 and the Borrowers severally agree to repay to the Administrative Agent forthwith on demand 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 corresponding amount together with interest on such amount thereon, for each day from the date such amount is made available to the Borrowers or the Swing Line Lender (as the case may be) until the date such amount is repaid to the Administrative Agent, at (i) in the case of the Borrowers, the interest rate applicable at the time to Loans comprising such Borrowing and including (ii) in the relevant LC Payment Date to but excluding the day case of such payment is due from such Lender at Lender, the Federal Funds Rate for such dayRate. Upon payment in full thereof, If such Lender shall be subrogated repay to the rights of Administrative Agent such LC Issuing Bank against the Borrower to the extent of corresponding amount, such amount so repaid shall constitute such Lender's Commitment Percentage Loan as part of the related LC Reimbursement Obligation (including interest accrued thereon)such Borrowing for purposes of this Agreement. The Borrowers reserve all of their rights against any defaulting Lender.

Appears in 1 contract

Samples: Credit Agreement (Mac Frugals Bargains Close Outs Inc)

Payments by Lenders. (Ai) If the Borrower fails to pay any LC Reimbursement Obligation in full when due, the relevant LC Issuing Bank Issuer may notify the Administrative Agent of the unreimbursed amount and request that the Revolving Lenders reimburse such LC Issuing Bank Issuer for their respective Revolving Commitment Percentages thereof. Promptly after it receives any such notice, the Administrative Agent shall notify each Revolving Lender of the unreimbursed amount and such Revolving Lender's Revolving Commitment Percentage thereof. Upon receiving such notice from the Administrative Agent, each Revolving Lender shall make available to such LC Issuing BankIssuer, at its address referred specified in or pursuant to in Section 9.019.1, an amount equal to such Revolving Lender's Revolving Commitment Percentage of such unreimbursed amount, in Federal or other funds immediately available to such LC Issuing BankIssuer, by 3:00 P.M. (New York City time) (iA) on the date day such Revolving Lender receives such notice if it is received at or before 12:00 Noon (New York City time) on such day or (iiB) 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 Revolving Lender at the Federal Funds Rate for such day. Upon payment in full thereof, such Revolving Lender shall be subrogated to the rights of such LC Issuing Bank Issuer against the Borrower to the extent of such Revolving Lender's Revolving Commitment Percentage of the related LC Reimbursement Obligation (including interest accrued thereon).

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Sybron Chemicals Inc)

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