Common use of Purchase of Participations Clause in Contracts

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s Pro Rata Share of the face amount of such Letter of Credit in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 8 contracts

Samples: Credit Agreement (ProPetro Holding Corp.), Credit Agreement (ProPetro Holding Corp.), Credit Agreement (ProPetro Holding Corp.)

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Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d1.3(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s Pro Rata Share of the face amount of such Letter of Credit or the Credit Support provided through the Agent to the Letter of Credit Issuer, if not the Bank, in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 6 contracts

Samples: Credit Agreement (Applica Inc), Credit Agreement (Omnova Solutions Inc), Credit Agreement (Alon USA Energy, Inc.)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such LenderXxxxxx’s Pro Rata Share of the face amount of such Letter of Credit in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 6 contracts

Samples: Credit Agreement (ProFrac Holding Corp.), Credit Agreement (ProPetro Holding Corp.), Credit Agreement (ProFrac Holding Corp.)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d1.4(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s 's Pro Rata Share of the face amount of such Letter of Credit or the Credit Support provided through the Agent to the Letter of Credit Issuer, if not the Bank, in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower Borrowers with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 5 contracts

Samples: Credit Agreement (Maxxam Inc), Credit Agreement (Enpro Industries Inc), Credit Agreement (Owens Corning)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d1.4(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s 's Pro Rata Share of the face amount of such Letter of Credit or the Credit Support provided through the Agent to the Letter of Credit Issuer, if not the Bank, in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 4 contracts

Samples: Credit Agreement (3com Corp), Credit Agreement (Applica Inc), Credit Agreement (Central Freight Lines Inc)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d)subsection 1.2.1, each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s Pro Rata Share Xxxxxx's Revolving Loan Percentage of the greater of the maximum face or the maximum available amount of such Letter of Credit in connection with or, if applicable, the issuance or acceptance of Reimbursement Undertaking pertaining to such Letter of Credit (including all obligations of the Borrower with respect thereto, and any security therefor or guaranty pertaining thereto)Credit.

Appears in 4 contracts

Samples: Loan and Security Agreement (Century Aluminum Co), Loan and Security Agreement (Century Aluminum Co), Loan and Security Agreement (Century Aluminum Co)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d1.4(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s Pro Rata Share of the face amount of such Letter of Credit or the Credit Support provided through the Agent to the Letter of Credit Issuer, if not the Bank, in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 4 contracts

Samples: Credit Agreement (Leapfrog Enterprises Inc), Credit Agreement (Advanced Micro Devices Inc), Credit Agreement (Spansion Inc.)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s 's Pro Rata Share of the face amount of such Letter of Credit or the Credit Support provided through the Agent to the Letter of Credit Issuer, if not the Bank, in connection with the issuance or acceptance of such Letter of Credit (including including, without limitation, all obligations of the Borrower with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 3 contracts

Samples: Loan and Security Agreement (Eddie Bauer Holdings, Inc.), Loan and Security Agreement (Eddie Bauer Holdings, Inc.), Loan and Security Agreement (Eddie Bauer Holdings, Inc.)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d1.4(d), each Revolving Credit Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s Pro Rata Share of the face amount of such Letter of Credit or the Credit Support provided through the Agent to the Letter of Credit Issuer, if not the Bank, in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower Borrowers with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 3 contracts

Samples: Credit Agreement (Fleetwood Enterprises Inc/De/), Credit Agreement (Fleetwood Enterprises Inc/De/), Credit Agreement (Fleetwood Enterprises Inc/De/)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d1.3(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s Pro Rata Share of the face amount of such Letter of Credit or the Credit Support provided through the Agent to the Letter of Credit Issuer, if not the Bank, in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower Borrowers with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 3 contracts

Samples: Credit Agreement (Salton Inc), Credit Agreement (Omnova Solutions Inc), Credit Agreement (Caraustar Industries Inc)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d2.4(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to the Equivalent Amount in Dollars of such Lender’s Pro Rata Share of the face amount of such Letter of Credit (as of the date of issuance), in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower applicable Borrowers with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 3 contracts

Samples: Lease Agreement (United Rentals North America Inc), Credit Agreement (Herc Holdings Inc), Credit Agreement (Herc Holdings Inc)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(dsubparagraph 2.18(c), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s Pro Rata Share of the face amount of such Letter of Credit in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower Borrowers with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 3 contracts

Samples: Loan and Security Agreement (Regional Management Corp.), Loan and Security Agreement (Regional Management Corp.), Loan and Security Agreement (Regional Management Corp.)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with this Section 2.3(d)2.2, each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation in the credit support or enhancement provided through the Agent to such issuer in connection with the issuance of such Letter of Credit, equal to such Lender’s 's Pro Rata Share of the face amount of such Letter of Credit in connection with the issuance or acceptance of such Letter of Credit (including including, without limitation, all obligations of the Borrower Borrowers with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 3 contracts

Samples: Loan and Security Agreement (Childrens Place Retail Stores Inc), Loan and Security Agreement (RDM Sports Group Inc), Loan and Security Agreement (Neostar Retail Group Inc)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with this Section 2.3(d)2.2, each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation in the credit support or enhancement provided through the Agent to such issuer in connection with the issuance of such Letter of Credit, equal to such Lender’s 's Pro Rata Share of the face amount of such Letter of Credit in connection with the issuance or acceptance of such Letter of Credit (including including, without limitation, all obligations of the Borrower with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 3 contracts

Samples: Possession Loan and Security Agreement (Factory Card Outlet Corp), Agency Agreement (Franks Nursery & Crafts Inc), Loan and Security Agreement (Samuels Jewelers Inc)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d1.4(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s Pro Rata Share of the face amount of such Letter of Credit or the Credit Support provided through the Administrative Agent to the Letter of Credit Issuer, if not the Bank, in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower Borrowers with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 3 contracts

Samples: Credit Agreement (Kforce Inc), Credit Agreement (Kforce Inc), Revolving Credit Agreement (Foamex International Inc)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d1.4(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s Pro Rata Share of the face amount of such Letter of Credit or the Credit Support provided through the Agent to the Letter of Credit Issuer, if not the Bank, in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower Borrowers with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 3 contracts

Samples: Credit Agreement (Unifi Inc), Credit Agreement (Caraustar Industries Inc), Credit Agreement (Unifi Inc)

Purchase of Participations. Immediately upon issuance by the Issuing Bank of any a Letter of Credit in accordance with Section 2.3(d)Credit, each Lender shall be deemed to have irrevocably and unconditionally purchased and received received, without recourse or warranty, an undivided interest and participation in such Letter of Credit equal to such Lender’s Pro Rata Share 's Commitment Percentage of the face amount of such Letter of Credit in connection with the issuance or acceptance of such Letter of Credit thereof (including all obligations of the Borrower Borrowers with respect thereto, other than amounts owing to the Issuing Bank under SECTION 4.2(D), and any security therefor or guaranty pertaining thereto).

Appears in 3 contracts

Samples: Loan and Security Agreement (Tultex Corp), Tultex Corp, Tultex Corp

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d2.18(c), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such LenderXxxxxx’s Pro Rata Share of the face amount of such Letter of Credit in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower Borrowers with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 3 contracts

Samples: Loan and Security Agreement (Regional Management Corp.), Loan and Security Agreement (Regional Management Corp.), Loan and Security Agreement (Regional Management Corp.)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with this Section 2.3(d)2.2, each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation in the credit support or enhancement provided through Agent to such issuer in connection with the issuance of such Letter of Credit, equal to such Lender’s 's Pro Rata Share of the face amount of such Letter of Credit in connection with the issuance or acceptance of such Letter of Credit (including including, without limitation, all obligations of the Borrower with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 2 contracts

Samples: Loan and Security Agreement (Todays Man Inc), Loan and Security Agreement (Employee Solutions Inc)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d2.18(c), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s Pro Rata Share of the face amount of such Letter of Credit in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower Borrowers with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 2 contracts

Samples: Loan and Security Agreement (Regional Management Corp.), Loan and Security Agreement (Regional Management Corp.)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d2.4(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s Pro Rata Share of the face amount of such Letter of Credit in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower with respect theretofor whose account such Letter of Credit was issued, and any security therefor or guaranty pertaining thereto).

Appears in 2 contracts

Samples: Loan and Security Agreement (Ahern Rentals Inc), Loan and Security Agreement (Mercury Air Group Inc)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d1.3(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s Pro Rata Share of the face amount of such Letter of Credit or the Credit Support provided through the Agent to the Letter of Credit Issuer, if not the Bank, in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower Obligors with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 2 contracts

Samples: Credit Agreement (PSS World Medical Inc), Credit Agreement (PSS World Medical Inc)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d1.3(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s Pro Rata Share of the face amount of such Letter of Credit or the Credit Support provided through the Agent to the Letter of Credit Issuer, if not the Bank, in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower Borrowers with respect thereto, and any security therefor or guaranty guarantee pertaining thereto).

Appears in 2 contracts

Samples: Credit Agreement (Levi Strauss & Co), Credit Agreement (Levi Strauss & Co)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d2.4(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation in the credit support or enhancement provided through the Agent to such issuer in connection with the issuance of such Letter of Credit, equal to such Lender’s 's Pro Rata Share of the face amount of such Letter of Credit in connection with the issuance or acceptance of such Letter of Credit (including including, without limitation, all obligations of the Borrower with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 2 contracts

Samples: Loan and Security Agreement (LDM Technologies Co), Loan and Security Agreement (LDM Technologies Inc)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d1.3(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s 's Pro Rata Share of the face amount of such Letter of Credit or the Credit Support provided through the Agent to the Letter of Credit Issuer, if not a Bank, in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower Borrowers with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Credit Agreement (Salton Inc)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d1.3(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s Pro Rata Share of the face amount of such Letter of Credit or the Credit Support provided through the Agent to a Letter of Credit Issuer, if not the Bank, in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower Borrowers with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Credit Agreement (Westlake Chemical Corp)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d1.3(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s 's Pro Rata Share of the face amount of such Letter of Credit in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower with respect theretofor whose account such Letter of Credit was issued, and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Credit Agreement (Txi Cement Co)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d1.4(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s Pro Rata Share of the face amount of such Letter of Credit in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower with respect theretofor whose account such Letter of Credit was issued, and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Credit Agreement (Encore Medical Corp)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d), each Revolving Credit Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Revolving Credit Lender’s Pro Rata Share of the face amount of such Letter of Credit in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Credit Agreement (Nesco Holdings, Inc.)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d2.10(d), each Revolving Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation in such Letter of Credit, equal to such Revolving Lender’s Pro Rata Share of the face amount of such Letter of Credit in connection with the issuance or acceptance of such Letter of Credit (including including, without limitation, all obligations of the Borrower Borrowers with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Loan and Security Agreement (Paetec Corp)

Purchase of Participations. Immediately upon issuance by the Letter of Credit Issuer of any Letter of Credit in accordance with the procedures set forth in Section 2.3(d)3.04, each Lender shall be deemed to have irrevocably and unconditionally purchased and received from the Letter of Credit Issuer, without recourse or warranty, an undivided interest and participation equal participation, to the extent of such Lender’s Pro Rata Share Lender ratable share of the face amount of aggregate Commitments, in such Letter of Credit in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower with respect thereto, and any security therefor or guaranty pertaining thereto)Credit.

Appears in 1 contract

Samples: Credit Agreement (National Service Industries Inc)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(dSECTION 1.3(D), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s 's Pro Rata Share of the face amount of such Letter of Credit or the Credit Support provided through the Agent to the Letter of Credit Issuer, if not the Bank, in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower Borrowers with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Credit Agreement (North American Pipe Corp)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d1.3(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s Pro Rata Share of the face amount of such Letter of Credit or the Credit Support provided through the Agent to the Letter of Credit Issuer in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower Borrowers with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Credit Agreement (Saks Inc)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d)subsection 1.2.1, each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s Pro Rata Share Revolving Loan Percentage of the greater of the maximum face or the maximum available amount of such Letter of Credit in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower with respect thereto, and any security therefor or guaranty pertaining thereto)Credit.

Appears in 1 contract

Samples: Loan and Security Agreement (Century Aluminum Co)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d1.4(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s Pro Rata Share of the face amount of such Letter of Credit in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower Borrowers with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Credit Agreement (Miller Industries Inc /Tn/)

Purchase of Participations. Immediately upon issuance of any Letter of Credit or Credit Support in accordance with Section 2.3(d1.3(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s 's Pro Rata Share of the face amount of such Letter of Credit or Credit Support in connection with the issuance or acceptance of such Letter of Credit or Credit Support (including all obligations of the Borrower with respect theretofor whose account such Letter of Credit or Credit Support was issued, and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Credit Agreement (Daisytek International Corporation /De/)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d1.4(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s 's Pro Rata Share of the face amount of such Letter of Credit in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the applicable Borrower with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Credit Agreement (Taylor Ann Stores Corp)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d1.4(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s 's Pro Rata Share of the face amount of such Letter of Credit or the Credit Support provided through the Agent to the Letter of Credit Issuer, if not Bank of America, in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Credit Agreement (Saks Inc)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d1.4(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s 's Pro Rata Share of the face amount of such Letter of Credit in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower with respect theretofor whose account such Letter of Credit was issued, and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Credit Agreement (Brown Shoe Co Inc/)

Purchase of Participations. Immediately upon issuance by the Issuing Bank of any a Letter of Credit in accordance with Section 2.3(d)Credit, each Lender shall be deemed to have irrevocably and unconditionally purchased and received received, without recourse or warranty, an undivided interest and participation in such Letter of Credit equal to such Lender’s Pro Rata Share 's Commitment Percentage of the face amount of such Letter of Credit in connection with the issuance or acceptance of such Letter of Credit thereof (including all obligations of the Borrower Borrowers with respect thereto, other than amounts owing to the Issuing Bank under Section 4.2(d), and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Safety Components International Inc

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d2.4(d), each Revolving Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Revolving Lender’s Pro Rata Share of the face amount of such Letter of Credit in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower with respect theretofor whose account such Letter of Credit was issued, and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Loan and Security Agreement (Ahern Rentals Inc)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with this Section 2.3(d)2.2, each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation in the credit support or enhancement provided through the Agent to such issuer in connection with the issuance of such Letter of Credit, equal to such Lender’s Pro Rata Share of the face amount of such Letter of Credit in connection with the issuance or acceptance of such Letter of Credit (including including, without limitation, all obligations of the Borrower Borrowers with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Loan and Security Agreement (Childrens Place Retail Stores Inc)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d2.4(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s Pro Rata Share of the face amount of such Letter of Credit or the Credit Support provided through the Agent to the Letter of Credit Issuer, if not the Agent, in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Loan and Security Agreement (Advanced Micro Devices Inc)

Purchase of Participations. Immediately upon issuance of any Letter of Credit or Credit Support in accordance with Section 2.3(d1.3(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s 's Pro Rata Share of the face amount of such Letter of Credit or Credit Support in connection with the issuance or acceptance of such Letter of Credit or Credit Support (including all obligations of the Borrower with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Credit Agreement (Texas Petrochemical Holdings Inc)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s 's Pro Rata Share of the face amount of such Letter of Credit or the Credit Support provided through the Agent to the Letter of Credit Issuer, if not the Bank, in connection with the issuance or acceptance of such Letter of Credit (including including, without limitation, all obligations of the Borrower Borrowers with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Loan and Security Agreement (Spiegel Inc)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d1.3(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s Pro Rata Share of the face amount of such Letter of Credit in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower Obligors with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Credit and Security Agreement (PSS World Medical Inc)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s Pro Rata Share of the face amount of such Letter of Credit in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower with respect thereto, for whose account such Letter of Credit was issued and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Loan and Security Agreement (EveryWare Global, Inc.)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d)2.2, each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation in the Letter of Credit issued by Collateral Agent and any other credit support or enhancement provided through Collateral Agent in connection therewith, equal to such Lender’s 's Pro Rata Share of the face amount of such Letter of Credit in connection with the issuance or acceptance of such Letter of Credit (including including, without limitation, all obligations of the Borrower Collateral Agent with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Loan and Security Agreement (Icf Kaiser International Inc)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d2.03(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s Pro Rata Share of the face amount of such Letter of Credit in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower with respect theretoBorrowers, and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Security Agreement (Jeffboat LLC)

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Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d1.3(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s 's Pro Rata Share of the face amount of such Letter of Credit or the Credit Support provided through the Agent to the Letter of Credit Issuer, if not the Bank, in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower Borrowers with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Credit Agreement (Unova Inc)

Purchase of Participations. Immediately upon issuance of any Letter of Credit or Credit Support in accordance with Section 2.3(d1.4(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s 's Pro Rata Share of the face amount of such Letter of Credit or Credit Support in connection with the issuance or acceptance of such Letter of Credit or Credit Support (including all obligations of the Borrower with respect theretofor whose account such Letter of Credit or Credit Support was issued, and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Credit Agreement (Egl Inc)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d1.3(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s Pro Rata Share of the face amount of such Letter of Credit or the Credit Support provided through the Agent to the Letter of Credit Issuer, if not the Bank, in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower Obligated Parties with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Credit Agreement (Alon USA Energy, Inc.)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d2.03(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s 's Pro Rata Share of the face amount of such Letter of Credit in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower with respect theretoBorrowers, and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Loan Agreement (American Barge Line Co)

Purchase of Participations. Immediately upon issuance of any -------------------------- Letter of Credit in accordance with Section 2.3(d2.10(d), each Revolving Lender --------------- shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation in such Letter of Credit, equal to such Revolving Lender’s 's Pro Rata Share of the face amount of such Letter of Credit in connection with the issuance or acceptance of such Letter of Credit (including including, without limitation, all obligations of the Borrower Borrowers with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Loan and Security Agreement (Paetec Corp)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with this Section 2.3(d)2.8, each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation in the credit support or enhancement provided through the Agent to such issuer in connection with the issuance of such Letter of Credit, equal to such Lender’s Pro Rata Share of the face amount of such Letter of Credit in connection with the issuance or acceptance of such Letter of Credit (including including, without limitation, all obligations of the Borrower Borrowers with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Letter of Credit Agreement (Childrens Place Retail Stores Inc)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d1.4(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received received, without recourse or warranty, an undivided interest and participation equal to such Lender’s Pro Rata Share Share, based upon its Revolving Loans Commitment, of the face amount of such Letter of Credit in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower with respect theretofor whose account such Letter of Credit was issued, and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Credit Agreement (Imperial Sugar Co /New/)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d2.2A(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation in the credit support or enhancement provided through the Agent to such issuer in connection with the issuance of such Letter of Credit, equal to such Lender’s 's Pro Rata Share of the face amount of such Letter of Credit in connection with the issuance or acceptance of such Letter of Credit (including including, without limitation, all obligations of the Borrower with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Loan Agreement (Edison Brothers Stores Inc)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with this Section 2.3(d)2.3, each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation in the credit support or enhancement provided through the Agent to such issuer in connection with the issuance of such Letter of Credit, equal to such Lender’s 's Pro Rata Share of the face amount of such Letter of Credit in connection with the issuance or acceptance of such Letter of Credit (including including, without limitation, all obligations of the Borrower with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Loan and Security Agreement (Areawide Cellular Inc)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s Pro Rata Share of in the face amount of such Letter of Credit in connection with or the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower with respect thereto, and any security therefor or guaranty pertaining thereto).Support provided

Appears in 1 contract

Samples: Loan and Security Agreement (Gt Bicycles Inc)

Purchase of Participations. Immediately upon issuance of any Letter of Credit or Acceptance in accordance with Section 2.3(d)1.4, each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s 's Pro Rata Share of the face amount of such Letter of Credit or Acceptance in connection with the issuance or acceptance of such Letter of Credit or Acceptance (including all obligations of the Borrower with respect theretofor whose account such Letter of Credit or Acceptance was issued, and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Credit Agreement (Brown Shoe Co Inc)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d2.3(c), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation in the Letter of Credit provided through the Agent to such issuer in connection with the issuance of such Letter of Credit, equal to such Lender’s Xxxxxx's Pro Rata Share of the face amount of such Letter of Credit in connection with the issuance or acceptance of such Letter of Credit (including including, without limitation, all obligations of the Borrower with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Loan and Security Agreement (Trend Lines Inc)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d2.4(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s 's Pro Rata Share of the face amount of such Letter of Credit or the Credit Support provided through the Administrative Agent to the Letter of Credit Issuer, if not the Administrative Agent, in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower with respect thereto, and any security therefor or guaranty pertaining thereto).such

Appears in 1 contract

Samples: Loan and Security Agreement (Good Guys Inc)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d)subsection 1.2.1, each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s Pro Rata Share 's Revolving Loan Percentage of the greater of the maximum face or the maximum available amount of such Letter of Credit in connection with or, if applicable, the issuance or acceptance of Reimbursement Undertaking pertaining to such Letter of Credit (including all obligations of the Borrower with respect thereto, and any security therefor or guaranty pertaining thereto)Credit.

Appears in 1 contract

Samples: Loan and Security Agreement (Century Aluminum Co)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d2.1(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s Pro Rata Share of the face amount of such Letter of Credit in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower with respect thereto, and any security therefor or guaranty pertaining thereto).and

Appears in 1 contract

Samples: Loan and Security Agreement (Laclede Steel Co /De/)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d2.4(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s 's Pro Rata Share of the face amount of such Letter of Credit or the Credit Support provided through the Agent to the Letter of Credit Issuer, if not the Agent, in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower Borrowers with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Loan and Security Agreement (Eftc Corp/)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation in such Letter of Credit, equal to such Lender’s 's Pro Rata Share of the face amount of such Letter of Credit in connection with the issuance or acceptance of such Letter of Credit (including including, without limitation, all obligations of the Borrower with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Loan and Security Agreement (Consolidated Freightways Corp)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d1.4(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received received, without recourse or warranty, an undivided interest and participation equal to such Lender’s 's Pro Rata Share Share, based upon its Revolving Loans Commitment, of the face amount of such Letter of Credit in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower with respect theretofor whose account such Letter of Credit was issued, and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Credit Agreement (Imperial Sugar Co /New/)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d2.18(c), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such LenderLxxxxx’s Pro Rata Share of the face amount of such Letter of Credit in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower Borrowers with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Loan and Security Agreement (Regional Management Corp.)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d1.4(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s Pro Rata Share of the face amount of such Letter of Credit in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Credit Agreement (Spherion Corp)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d1.3(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s 's Pro Rata Share of the face amount of such Letter of Credit or the Credit Support provided through Administrative Agent to the Letter of Credit Issuer, if not Bank of America, in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower Borrowers with respect thereto, and any security therefor therefore or guaranty pertaining thereto).

Appears in 1 contract

Samples: Security Agreement (Cone Mills Corp)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s 's Pro Rata Share of the face amount of such Letter of Credit or the Credit Support provided through the Agent to the Letter of Credit Issuer, if not the Agent, in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Loan and Security Agreement (Anchor Glass Container Corp /New)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d2.4(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation in the Letter of Credit provided through the Agent to such issuer in connection with the issuance of such Letter of Credit, equal to such Lender’s 's Pro Rata Share of the face amount of such Letter of Credit in connection with the issuance or acceptance of such Letter of Credit (including including, without limitation, all obligations of the Borrower with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Loan and Security Agreement (Revlon Consumer Products Corp)

Purchase of Participations. Immediately upon -------------------------- issuance of any Letter of Credit in accordance with this Section 2.3(d)2.2, each ----------- Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation in the credit support or enhancement provided through Agent to such issuer in connection with the issuance of such Letter of Credit, equal to such Lender’s 's Pro Rata Share of the face amount of such Letter of Credit in connection with the issuance or acceptance of such Letter of Credit (including including, without limitation, all obligations of the Borrower with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Loan and Security Agreement (Convergent Communications Inc /Co)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d1.4(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s 's Pro Rata Share of the face amount of such Letter of Credit or the Credit Support provided through the Agent to the Letter of Credit Issuer, if not the Bank, in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the any Borrower with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Credit Agreement (3com Corp)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d1.4(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s 's Pro Rata Share of the face amount of such Letter of Credit or the Credit Support provided through the Agent to the Letter of Credit Issuer, if not the Agent, in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Credit Agreement (Anchor Holdings Inc)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d1.4(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s 's Pro Rata Share of the face amount of such Letter of Credit or the Credit Support provided through the Administrative Agent to the Letter of Credit Issuer, if not the Bank, in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower Borrowers with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Possession Credit Agreement (Foamex L P)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d1.3(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s 's Pro Rata Share of the face amount of such Letter of Credit or the Credit Support provided through the Administrative Agent to the Letter of Credit Issuer, if not Bank of America, in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower Borrowers with respect thereto, and any security therefor therefore or guaranty pertaining thereto).

Appears in 1 contract

Samples: Credit Agreement (Westpoint Stevens Inc)

Purchase of Participations. Immediately upon issuance by the Issuing Bank of any a Letter of Credit in accordance with Section 2.3(d)Credit, each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation in such Letter of Credit, equal to such Lender’s Pro Rata Share 's Commitment Percentage of the face amount of such Letter of Credit in connection with the issuance or acceptance of such Letter of Credit thereof (including including, without limitation, all obligations of the Borrower with respect thereto, other than amounts owing to the Issuing Bank under Section 5.2(d)(ii), and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Loan and Security Agreement (Ithaca Industries Inc)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d) (Issuance of Letters of Credit), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation in the Letter of Credit equal to such Lender’s 's Pro Rata Share of the face amount of such Letter of Credit in connection with the issuance or acceptance of such Letter of Credit (including including, without limitation, all obligations of the Borrower with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Loan and Security Agreement (Weirton Steel Corp)

Purchase of Participations. Immediately upon issuance of any Letter of Credit in accordance with Section 2.3(d1.4(d), each Lender shall be deemed to have irrevocably and unconditionally purchased and received without recourse or warranty, an undivided interest and participation equal to such Lender’s Pro Rata Share of the face amount of such Letter of Credit or the Credit Support provided through the Agent to the Letter of Credit Issuer, if not Fleet, in connection with the issuance or acceptance of such Letter of Credit (including all obligations of the Borrower with respect thereto, and any security therefor or guaranty pertaining thereto).

Appears in 1 contract

Samples: Credit Agreement (Saks Inc)

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