Common use of Reimbursement by the Borrower Clause in Contracts

Reimbursement by the Borrower. In the event the Issuing Bank shall have honored a drawing under any Letter of Credit, it shall promptly notify the Borrower and the Administrative Agent thereof, and the Borrower shall reimburse the Issuing Bank for such drawing by paying to the Issuing Bank an amount in Dollars in same day funds equal to the amount of such drawing not later than (i) if the Borrower shall have received notice of such drawing prior to 10:00 a.m. (New York City time) on any Business Day, then on such Business Day or (ii) otherwise, on the Business Day immediately following the day that the Borrower receives such notice (the date on which the Borrower is required to reimburse a drawing under any Letter of Credit is referred to herein as the “Reimbursement Date” in respect of such drawing); provided that unless the Borrower otherwise notifies the Administrative Agent, subject to the conditions to borrowing set forth herein, the Borrower shall have been deemed to have requested, in accordance with Section 2.1(b), a Base Rate Revolving Borrowing in the amount of such reimbursement payment and, to the extent so financed, the Borrower’s obligation to make such reimbursement payment shall be discharged and replaced by the resulting Base Rate Revolving Borrowing.

Appears in 2 contracts

Samples: Credit and Guarantee Agreement (Telx Group, Inc.), Credit and Guarantee Agreement (Telx Group, Inc.)

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Reimbursement by the Borrower. In the event the an Issuing Bank shall have honored determined to honor a drawing under any Letter of Credit, it shall promptly notify the Borrower and the Administrative Agent in writing thereof, and the Borrower shall reimburse the such Issuing Bank for such drawing by paying to the such Issuing Bank an amount in Dollars in same day funds equal to the amount of such drawing not later than (i) if the Borrower shall have received notice of such drawing prior to 10:00 a.m. (New York City time) on any Business Day, then 2:00 p.m. (New York City time) on such Business Day or (ii) otherwise, 2:00 p.m. (New York City time) on the Business Day immediately next following the day that the Borrower receives such notice (the date on which the Borrower is required to reimburse a drawing under any Letter of Credit is being referred to herein as the “Reimbursement Date” in respect of such drawing); provided that unless the Borrower otherwise notifies the Administrative Agentmay, subject to the conditions to borrowing set forth herein, the Borrower shall have been deemed to have requested, request in accordance with Section 2.1(b), 2.2(b) that such reimbursement payment be financed with a Base Rate Revolving Borrowing in the amount of such reimbursement payment and, to the extent so financedthe applicable Issuing Bank shall have received the proceeds thereof, the Borrower’s obligation to make such reimbursement payment shall be discharged and replaced by the resulting Base Rate Revolving Borrowing.

Appears in 2 contracts

Samples: Counterpart Agreement (Fusion Connect, Inc.), Pledge and Security Agreement (Fusion Connect, Inc.)

Reimbursement by the Borrower. In the event the an Issuing Bank shall have honored determined to honor a drawing under any Letter of Credit, it shall promptly notify the Borrower and the Administrative Agent thereof, and the Borrower shall reimburse the such Issuing Bank for such drawing by paying to the such Issuing Bank an amount in Dollars in same day funds equal to the amount of such drawing not later than (i) if the Borrower shall have received notice of such drawing prior to 10:00 a.m. (New York City time) on any Business Day, then 2:00 p.m. (New York City time) on such Business Day or (ii) otherwise, 2:00 p.m. (New York City time) on the Business Day immediately next following the day that the Borrower receives such notice (the date on which the Borrower is required to reimburse a drawing under any Letter of Credit is being referred to herein as the “Reimbursement Date” in respect of such drawing); provided that unless the Borrower otherwise notifies the Administrative Agentmay, subject to the conditions to borrowing set forth herein, the Borrower shall have been deemed to have requested, request in accordance with Section 2.1(b) or 2.3(a), as applicable, that such reimbursement payment be financed with a Base Rate Revolving Borrowing in the amount of such reimbursement payment or a Swing Line Loan and, to the extent so financedthe applicable Issuing Bank shall have received the proceeds thereof, the Borrower’s obligation to make such reimbursement payment shall be discharged and replaced by the resulting Base Rate Revolving BorrowingBorrowing or Swing Line Loan. The Borrower unconditionally and irrevocably agrees that, in connection with any Letter of Credit issued for the account of any Restricted Subsidiary as provided in Section 2.4(a), the Borrower will be fully responsible for the reimbursement of any drawings thereunder, the payment of interest thereon in accordance with Section 2.8(e) and the payment of fees due under Section 2.11 to the same extent as if it were the sole account party in respect of such Letter of Credit.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Entegris Inc), Credit and Guaranty Agreement (Entegris Inc)

Reimbursement by the Borrower. In the event the an Issuing Bank shall have honored determined to honor a drawing under any Letter of Credit, it shall promptly notify the Borrower and the Administrative Agent thereof, and the Borrower shall reimburse the such Issuing Bank for such drawing by paying to the such Issuing Bank an amount in Dollars in same day funds equal to the amount of such drawing not later than (i) if the Borrower shall have received notice of such drawing prior to 10:00 a.m. 2:00 p.m. (New York City time) on any Business Day, then on such Business Day or (ii) otherwise, on the Business Day immediately next following the day that the Borrower receives such notice (the date on which the Borrower is required to reimburse a drawing under any Letter of Credit is being referred to herein as the “Reimbursement Date” in respect of such drawing); provided that unless the Borrower otherwise notifies the Administrative Agentmay, subject to the conditions to borrowing set forth herein, the Borrower shall have been deemed to have requested, request in accordance with Section 2.1(b), ) that such reimbursement payment be financed with a Base Rate Revolving Borrowing in the amount of such reimbursement payment and, to the extent so financedthe applicable Issuing Bank shall have received the proceeds thereof, the Borrower’s obligation to make such reimbursement payment shall be discharged and replaced by the resulting Base Rate Revolving Borrowing. The Borrower unconditionally and irrevocably agrees that, in connection with any Letter of Credit issued for the account of any Restricted Subsidiary as provided in Section 2.3(a), the Borrower will be fully responsible for the reimbursement of any drawings thereunder, the payment of interest thereon in accordance with Section 2.7(e) and the payment of fees due under Section 2.10 with respect thereto to the same extent as if it were the sole account party in respect of such Letter of Credit.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (PetIQ, Inc.), Credit and Guaranty Agreement (PetIQ, Inc.)

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Reimbursement by the Borrower. In the event the an Issuing Bank shall have honored determined to honor a drawing under any Letter of Credit, it shall promptly notify the Borrower and the Administrative Revolving Facility Agent thereof, and the Borrower shall reimburse the such Issuing Bank for such drawing by paying to the such Issuing Bank an amount in Dollars in same day funds equal to the amount of such drawing not later than (i) if the Borrower shall have received notice of such drawing prior to 10:00 a.m. (New York City time) on any Business Day, then 4:00 p.m. (New York City time) on such Business Day or (ii) otherwise, 12:00 noon (New York City time) on the Business Day immediately next following the day that the Borrower receives such notice (the date on which the Borrower is required to reimburse a drawing under any Letter of Credit is being referred to herein as the “Reimbursement Date” in respect of such drawing); provided that unless the Borrower otherwise notifies the Administrative Agentmay, subject to the conditions to borrowing set forth herein, the Borrower shall have been deemed to have requested, request in accordance with Section 2.1(b), 2.2(b) or 2.3(a) that such reimbursement payment be financed with a Base Rate Revolving Borrowing in the amount of such reimbursement payment or a Swing Line Loan and, to the extent so financedthe applicable Issuing Bank receives the proceeds thereof, the Borrower’s obligation to make such reimbursement payment shall be discharged and replaced by the resulting Base Rate Revolving BorrowingBorrowing or Swing Line Loan.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Tivity Health, Inc.)

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