Common use of Reinstatement and Survival Clause in Contracts

Reinstatement and Survival. Notwithstanding anything herein to the contrary, if a Fronting Lender is required at any time whether before or after any Maturity Date to make any payment under a Fronted Letter of Credit, each Lender shall pay over to the Agent in accordance with the provisions of this Section 3.9 and for the account of such Fronting Lender, the amount of the Lender's Proportion of such Lender of such amount. If a Fronting Lender is required at any time to return to the Borrower or to a trustee, receiver, liquidator, custodian or other similar official any portion of the payments made by or on behalf of the Borrower to such Fronting Lender in reimbursement of the Borrower's obligations in respect of such Fronted Letter of Credit and interest thereon, each Lender shall, on demand of such Fronting Lender forthwith pay over to the Agent for the account of such Fronting Lender the Lender's Proportion of such Lender of such amount, plus interest thereon from the day such demand is made to the day such amount is returned by such Lender to such Fronting Lender at a rate determined by the Agent (such rate to be conclusive and binding on such Lender or the Borrower as the case may be) in accordance with the Agent's usual banking practice for similar advances to financial institutions of like standing to such Lender.

Appears in 2 contracts

Samples: Credit Agreement (PENGROWTH ENERGY Corp), Credit Agreement (PENGROWTH ENERGY Corp)

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Reinstatement and Survival. Notwithstanding anything herein to the contrary, if a Fronting the Issuing Lender is required at any time whether before or after any Maturity Date to make any payment under a Fronted Letter of Credit, each Lender shall pay over to the Agent in accordance with the provisions of this Section 3.9 and for the account of such Fronting the Issuing Lender, the amount of the Lender's ’s Proportion of such Lender of such amount. If a Fronting the Issuing Lender is required at any time to return to the Borrower or to a trustee, receiver, liquidator, custodian or other similar official any portion of the payments made by or on behalf of the Borrower to such Fronting the Issuing Lender in reimbursement of the Borrower's ’s obligations in respect of such Fronted Letter of Credit and interest thereon, each Lender shall, on demand of such Fronting the Issuing Lender forthwith pay over to the Agent for the account of such Fronting the Issuing Lender the Lender's ’s Proportion of such Lender of such amount, plus interest thereon from the day such demand is made to the day such amount is returned by such Lender to such Fronting the Issuing Lender at a rate determined by the Agent (such rate to be conclusive and binding on such Lender or the Borrower as the case may be) in accordance with the Agent's ’s usual banking practice for similar advances to financial institutions of like standing to such Lender.

Appears in 2 contracts

Samples: Credit Agreement (Pengrowth Energy Trust), Credit Agreement (Pengrowth Energy Trust)

Reinstatement and Survival. Notwithstanding anything herein to the contrary, if a Fronting Lender is required at any time whether before or after any Maturity Date to make any payment under a Fronted Letter of Credit, each Lender shall pay over to the Agent in accordance with the provisions of this Section 3.9 3.8 and for the account of such Fronting Lender, the amount of the Lender's Proportion of such Lender of such amount. If a Fronting Lender is required at any time to return to the Borrower or to a trustee, receiver, liquidator, custodian or other similar official any portion of the payments made by or on behalf of the Borrower to such Fronting Lender in reimbursement of the Borrower's obligations in respect of such Fronted Letter of Credit and interest thereon, each Lender shall, on demand of such Fronting Lender forthwith pay over to the Agent for the account of such Fronting Lender the Lender's Proportion of such Lender of such amount, plus interest thereon from the day such demand is made to the day such amount is returned by such Lender to such Fronting Lender at a rate determined by the Agent (such rate to be conclusive and binding on such Lender or the Borrower as the case may be) in accordance with the Agent's usual banking practice for similar advances to financial institutions of like standing to such Lender.

Appears in 1 contract

Samples: Credit Agreement (PENGROWTH ENERGY Corp)

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Reinstatement and Survival. Notwithstanding anything herein to the contrary, if a Fronting Lender is required at any time whether before or after any the Maturity Date to make any payment under a Fronted Letter of CreditCredit which was outstanding on or before the Maturity Date, each Lender shall pay over to the Agent in accordance with the provisions of this Section 3.9 3.10 and for the account of such Fronting Lender, Lender the amount of the such Lender's ’s Lender’s Proportion of such Lender of such amount. If a such Fronting Lender is required at any time (whether before or after the Maturity Date) to return to the Borrower or to a trustee, receiver, liquidator, custodian or other similar official any portion of the payments made by or on behalf of the Borrower to such Fronting Lender in reimbursement of the Borrower's ’s obligations in respect of such Fronted Letter of Credit and interest thereon, each Lender shall, on demand of such Fronting Lender forthwith pay over to the Agent for the account of such Fronting Lender the such Lender's ’s Lender’s Proportion of such Lender of such amount, plus interest thereon from the day such demand is made to the day such amount is returned by such Lender to such Fronting Lender at a the rate determined by the Agent (such rate to be conclusive and binding on such Lender or the Borrower as the case may be) specified in accordance with the Agent's usual banking practice for similar advances to financial institutions of like standing to such LenderSection 5.6.

Appears in 1 contract

Samples: Credit Agreement (Precision Diversified Oilfield Services Corp.)

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