Common use of Obligation of Lenders Clause in Contracts

Obligation of Lenders. If Borrower fails to reimburse Administrative Agent as provided in SECTION 2.2(c) within twenty-four (24) hours after receiving notice of a draft pursuant to SECTION 2.2(d), then Administrative Agent shall promptly notify each Lender of such failure, of the date and amount (calculated at the then-current Dollar-Equivalent of such amount) of the draft paid, and of such Lender's Pro Rata Part thereof. Each Lender shall promptly and unconditionally make available to Administrative Agent in immediately available funds such Lender's Pro Rata Part of such unpaid reimbursement obligation (calculated at the then-current Dollar-Equivalent of such amount), which funds shall be paid to Administrative Agent on or before the close of business on the Business Day on which such notice was given by Administrative Agent (if given at or prior to 1:00 p.m., Dallas, Texas time) or on the next succeeding Business Day (if notice was given after 1:00 p.m., Dallas, Texas time). All such amounts payable by any such Lender shall include interest thereon accruing at the Federal Funds Rate from the day the applicable draft is paid by Administrative Agent to (but not including) the date such amount is paid by such Lender to Administrative Agent. The obligations of Lenders to make payments to Administrative Agent with respect to LCs shall be irrevocable and are not subject to any qualification or exception whatsoever (other than the gross negligence or wilful misconduct of Administrative Agent) and shall be made in accordance with the terms and conditions of this Agreement under all circumstances, including, without limitation, any of the following circumstances: (i) any lack of validity or enforceability of this Agreement or any of the Loan Documents; (ii) the existence of any claim, setoff, defense, or other Right which Borrower may have at any time against a beneficiary named in a LC, any transferee of any LC (or any Person for whom any such transferee may be acting), any Credit Party, or any other Person, whether in connection with this Agreement, any LC, the transactions contemplated herein, or any unrelated transactions (including any underlying transaction between Borrower and the beneficiary named in any such LC); (iii) any draft, certificate, or any other document presented under the LC proving to be forged, fraudulent, invalid, or insufficient in any respect or any statement therein being untrue or inaccurate in any respect; and (iv) the occurrence of any Potential Default or Default.

Obligation of Lenders. If Borrower fails to reimburse Administrative Agent as provided in SECTION 2.2(c2.2(C) within twenty-four (24) hours after receiving notice of a draft the demand therefor by Administrative Agent, and no Borrowing has been made pursuant to such SECTION 2.2(d2.2(C), then Administrative Agent shall promptly notify each Lender of such failure, of the date and amount (calculated at the then-current Dollar-Equivalent of such amount) of the draft paid, and of such Lender's Pro Rata Part thereof. Each Lender shall promptly and unconditionally make available to Administrative Agent in immediately available funds such Lender's Pro Rata Part of such unpaid reimbursement obligation (calculated at the then-current Dollar-Equivalent of such amount)obligation, which funds shall be paid to Administrative Agent on or before the close of business on the Business Day on which such notice was given by Administrative Agent (if given at or prior to 1:00 p.m., Dallas, Texas time) or on the next succeeding Business Day (if notice was given after 1:00 p.m., Dallas, Texas time). All such amounts payable by any such Lender shall include interest thereon accruing at the Federal Funds Rate from the day the applicable draft is paid by Administrative Agent to (but not including) the date such amount is paid by such Lender to Administrative Agent. The obligations of Lenders to make payments to Administrative Agent with respect to LCs shall be irrevocable and are not subject to any qualification or exception whatsoever (other than the gross negligence or wilful willful misconduct of Administrative Agent) and shall be made in accordance with the terms and conditions of this Agreement under all circumstances, including, without limitation, including any of the following circumstances: (i) any lack of validity or enforceability of this Agreement or any of the Loan Documents; (ii) the existence of any claim, setoff, defense, or other Right right which Borrower may have at any time against a beneficiary named in a LC, any transferee of any LC (or any Person for whom any such transferee may be acting), any Credit Party, or any other Person, whether in connection with this Agreement, any LC, the transactions contemplated herein, or any unrelated transactions (including any underlying transaction between Borrower and the beneficiary named in any such LC); (iii) any draft, certificate, or any other document presented under the LC proving to be forged, fraudulent, invalid, or insufficient in any respect or any statement therein being untrue or inaccurate in any respect; and (iv) the occurrence of any Potential Default or Event of Default.

Obligation of Lenders. If Borrower fails to reimburse Administrative Agent LC Issuer as provided in SECTION 2.2(cSection 2.3(d) within twenty-four (24) 24 hours after receiving notice of a draft pursuant the demand therefor and funds cannot be advanced under the Revolving Facility or Swing Line Subfacility to SECTION 2.2(d)satisfy such reimbursement obligation, then LC Issuer shall so notify Administrative Agent Agent, which, in turn, shall promptly notify each Lender of such Borrower’s failure, of the date and amount (calculated at the then-current Dollar-Equivalent of such amount) of the draft paid, and of such Lender's Pro Rata Part ’s Commitment Percentage thereof. Each Lender shall promptly and unconditionally make available to Administrative Agent (for the account of LC Issuer) in immediately available funds such Lender's Pro Rata Part ’s Commitment Percentage of such unpaid reimbursement obligation (calculated at the then-current Dollar-Equivalent of such amount)obligation, which funds shall be paid to Administrative Agent on or before the close of business on the Business Day on which such notice was given by Administrative Agent to Lenders (if given at or prior to 1:00 p.m., Dallas, Texas time) or on the next succeeding Business Day (if notice was given after 1:00 p.m., Dallas, 21 Third Amended and Restated Credit Agreement Texas time). All such amounts payable by any such Lender shall include interest thereon accruing at the Federal Funds Rate from the day the applicable draft is paid by Administrative Agent LC Issuer to (but not including) the date such amount is paid by such Lender to Administrative Agent. Until each Lender funds its participation pursuant to this Section 2.3(f) to reimburse LC Issuer for any amount drawn under any LC, interest in respect of such Lender’s Commitment Percentage of such amount shall be solely for the account of LC Issuer. The obligations of Lenders to make payments to Administrative Agent (for the account of LC Issuer) with respect to LCs shall be irrevocable and are not subject to any qualification or exception whatsoever (other than the gross negligence or wilful willful misconduct of Administrative AgentLC Issuer) and shall be made in accordance with the terms and conditions of this Agreement under all circumstances, including, without limitation, any of the following circumstances: (i) any lack of validity or enforceability of this Agreement or any of the Loan Documents; (ii) the existence of any claim, setoff, defense, or other Right right which Borrower may have at any time against a beneficiary named in a LC, any transferee of any LC (or any Person for whom any such transferee may be acting), LC Issuer, any Credit PartyLender, or any other Person, whether in connection with this Agreement, any LC, the transactions contemplated herein, or any unrelated transactions (including any underlying transaction between Borrower and the beneficiary named in any such LC); (iii) any draft, certificate, or any other document presented under the LC proving to be forged, fraudulent, invalid, or insufficient in any respect or any statement therein being untrue or inaccurate in any respect; and (iv) the occurrence of any Potential Default or Event of Default.

Obligation of Lenders. If Borrower fails to reimburse Administrative Agent as provided in SECTION 2.2(c) within twenty-four (24) hours after receiving notice In the event any Unreimbursed Amount that is not fully refinanced for any reason by Revolving Loans consisting of a draft Base Rate Loans pursuant to SECTION 2.2(dSection 2.3(d), then LC Issuer shall so notify Administrative Agent Agent, which, in turn, shall promptly notify each Lender of such failure, of the date Unreimbursed Amount and amount (calculated at the then-current Dollar-Equivalent of such amount) of the draft paid, and of such Lender's Pro Rata Part ’s Commitment Percentage thereof. Each Lender shall promptly and unconditionally make available to Administrative Agent (for the account of LC Issuer) in immediately available funds such Lender's Pro Rata Part ’s Commitment Percentage of such unpaid reimbursement obligation (calculated at the then-current Dollar-Equivalent of such amount)obligation, which funds shall be paid to Administrative Agent on or before the close of business on the Business Day on which such notice was given by Administrative Agent to Lenders (if given at or prior to 1:00 p.m., Dallas, Texas time) or on the next succeeding Business Day (if notice was given after 1:00 p.m., Dallas, Texas time). All such amounts payable by any such Lender shall include interest thereon accruing at a rate per annum equal to the greater of the Federal Funds Rate and a rate determined by LC Issuer in accordance with banking industry rules on interbank compensation from the day the applicable draft is paid by Administrative Agent LC Issuer to (but not including) the date such amount is paid by such Lender to Administrative Agent. Until each Lender funds its participation pursuant to this Section 2.3(f) to reimburse LC Issuer for any amount drawn under any LC, interest in respect of such Lender’s Commitment Percentage of such amount shall be solely for the account of LC Issuer; provided that, once a Lender funds its participation (together with any interest owed with respect thereto) in accordance with this Section 2.3(f), then interest with respect to such Lender’s Commitment Percentage of the Unreimbursed Amount shall accrue for the account of such Lender from the date such funding from such Lender was due hereunder. The obligations of Lenders to make payments to Administrative Agent (for the account of LC Issuer) with respect to LCs shall be irrevocable and are not subject to any qualification or exception whatsoever (other than the gross negligence or wilful willful misconduct of Administrative AgentLC Issuer) and shall be made in accordance with the terms and conditions of this Agreement under all circumstances, including, without limitation, any of the following circumstances: (i) any lack of validity or enforceability of this Agreement or any of the Loan Documents; (ii) the existence of any claim, setoff, defense, or other Right right which Borrower such Lender may have at any time against a beneficiary named in a an LC, any transferee of any LC (or any Person for whom any such transferee may be acting), LC Issuer, any Credit PartyLender, or any other Person, whether in connection with this Agreement, any LC, the transactions contemplated herein, or any unrelated transactions (including any underlying transaction between Borrower and the beneficiary named in any such LC); (iii) any draft, certificate, or any other document presented under the LC proving to be forged, fraudulent, invalid, or insufficient in any respect or any statement therein being untrue or inaccurate in any respect; and (iv) the occurrence of any Potential Default or Event of Default.

Obligation of Lenders. If Borrower fails to reimburse Administrative Agent as provided in SECTION 2.2(c) within twenty-four (24) hours after receiving notice of a draft pursuant to SECTION 2.2(d), then Administrative Agent shall promptly notify each Lender of such failure, of the date and amount (calculated at the then-current Dollar-Equivalent of such amount) of the draft paid, and of such Lender's Pro Rata Part thereof. Each Lender shall promptly and unconditionally make available to Administrative Agent in immediately available funds such Lender's Pro Rata Part of such unpaid reimbursement obligation (calculated at the then-current Dollar-Equivalent of such amount)obligation, which funds shall be paid to Administrative Agent on or before the close of business on the Business Day on which such notice was given by Administrative Agent (if given at or prior to 1:00 p.m., Dallas, Texas time) or on the next succeeding Business Day (if notice was given after 1:00 p.m., Dallas, Texas time). All such amounts payable by any such Lender shall include interest thereon accruing at the Federal Funds Rate from the day the applicable draft is paid by Administrative Agent to (but not including) the date such amount is paid by such Lender to Administrative Agent. The obligations of Lenders to make payments to Administrative Agent with respect to LCs shall be irrevocable and are not subject to any qualification or exception whatsoever (other than the gross negligence or wilful misconduct of Administrative Agent) and shall be made in accordance with the terms and conditions of this Agreement under all circumstances, including, without limitation, any of the following circumstances: (i) any lack of validity or enforceability of this Agreement or any of the Loan Documents; (ii) the existence of any claim, setoff, defense, or other Right which Borrower may have at any time against a beneficiary named in a LC, any transferee of any LC (or any Person for whom any such transferee may be acting), any Credit Party, or any other Person, whether in connection with this Agreement, any LC, the transactions contemplated herein, or any unrelated transactions (including any underlying transaction between Borrower and the beneficiary named in any such LC); (iii) any draft, certificate, or any other document presented under the LC proving to be forged, fraudulent, invalid, or insufficient in any respect or any statement therein being untrue or inaccurate in any respect; and (iv) the occurrence of any Potential Default or Default.

Obligation of Lenders. If Borrower fails to reimburse Administrative Agent LC Issuer as provided in SECTION 2.2(c) within twenty-four (24) 24 hours after receiving notice of a draft pursuant the demand therefor by LC Issuer and funds are not advanced under this Agreement to SECTION 2.2(d)satisfy the reimbursement obligations, then LC Issuer shall so notify Administrative Agent Agent, which, in turn, shall promptly notify each Lender of such Borrower's failure, of the date and amount of the draft (calculated at the then-current then Dollar-Equivalent of such amount) of the draft paid, and of such Lender's Pro Rata Part Commitment Percentage thereof. Each Lender shall promptly and unconditionally make available to Administrative Agent (for the account of LC Issuer) in immediately available funds such Lender's Pro Rata Part Commitment Percentage of such unpaid reimbursement obligation (calculated at the then-current then Dollar-Equivalent of such amount), which funds shall be paid to Administrative Agent on or before the close of business on the Business Day on which such notice was given by 19 REVOLVING CREDIT AGREEMENT Administrative Agent (if given at or prior to 1:00 p.m., Dallas, Texas time) or on the next succeeding Business Day (if notice was given after 1:00 p.m., Dallas, Texas time). All such amounts payable by any such Lender shall include interest thereon accruing at the Federal Funds Rate from the day the applicable draft is paid by Administrative Agent LC Issuer to (but not including) the date such amount is paid by such Lender to Administrative Agent. Until each Lender funds its participation pursuant to this SECTION 2.2(e) to reimburse LC Issuer for any amount drawn under any LC, interest in respect of such Lender's Commitment Percentage of such amount shall be solely for the account of LC Issuer. The obligations of Lenders to make payments to Administrative Agent (for the account of LC Issuer) with respect to LCs shall be irrevocable and are not subject to any qualification or exception whatsoever (other than the gross negligence or wilful misconduct of Administrative AgentLC Issuer) and shall be made in accordance with the terms and conditions of this Agreement under all circumstances, including, without limitation, any of the following circumstances: (i) any lack of validity or enforceability of this Agreement or any of the Loan DocumentsPapers; (ii) the existence of any claim, setoff, defense, or other Right which Borrower may have at any time against a beneficiary named in a LC, any transferee of any LC (or any Person for whom any such transferee may be acting), LC Issuer, any Credit PartyLender, or any other Person, whether in connection with this Agreement, any LC, the transactions contemplated herein, or any unrelated transactions (including any underlying transaction between Borrower and the beneficiary named in any such LC); (iii) any draft, certificate, or any other document presented under the LC proving to be forged, fraudulent, invalid, or insufficient in any respect or any statement therein being untrue or inaccurate in any respect; and (iv) the occurrence of any Potential Default or Default.

Obligation of Lenders. If Borrower fails to reimburse Administrative Agent LC Issuer as provided in SECTION 2.2(c2.3(c) within twenty-four (24) 24 hours after receiving notice of a draft pursuant the demand therefor and funds cannot be advanced under the Revolving Facility or Swing Line Subfacility to SECTION 2.2(d)satisfy such reimbursement obligation, then LC Issuer shall so notify Administrative Agent Agent, which, in turn, shall promptly notify each Lender of such Borrower's failure, of the date and amount (calculated at the then-current Dollar-Equivalent of such amount) of the draft paid, and of such Lender's Pro Rata Part Commitment Percentage thereof. Each Lender shall promptly and unconditionally make available to Administrative Agent (for the account of LC Issuer) in immediately available funds such Lender's Pro Rata Part Commitment Percentage of such unpaid reimbursement obligation (calculated at the then-current Dollar-Equivalent of such amount)obligation, which funds shall be paid to Administrative Agent on or before the close of business on the Business Day on which such notice was given by Administrative Agent to Lenders (if given at or prior to 1:00 p.m., Dallas, Texas time) or on the next succeeding Business Day (if notice was given after 1:00 p.m., Dallas, Texas time). All such amounts payable by any such Lender shall include interest thereon accruing at the Federal Funds Rate from the day the applicable draft is paid by Administrative Agent LC Issuer to (but not including) the date such amount is paid by such Lender to Administrative Agent. Until each Lender funds its participation pursuant to this SECTION 2.3(e) to reimburse LC Issuer for any amount drawn under any LC, interest in respect of such Lender's Commitment Percentage of such amount shall be solely for the account of LC Issuer. The obligations of Lenders to make payments to Administrative Agent (for the account of LC Issuer) with respect to LCs shall be irrevocable and are not subject to any qualification or exception whatsoever (other than the gross negligence or wilful willful misconduct of Administrative AgentLC Issuer) and shall be made in accordance with the terms and conditions of this Agreement under all circumstances, including, without limitation, any of the following circumstances: (i) any lack of validity or enforceability of this Agreement or any of the Loan Documents; (ii) the existence of any claim, setoff, defense, or other Right right which Borrower may have at any time against a beneficiary named in a LC, any transferee of any LC (or any Person for whom any such transferee may be acting), LC Issuer, any Credit PartyLender, or any other Person, whether in connection with this Agreement, any LC, the transactions contemplated herein, or any unrelated transactions (including any underlying transaction between Borrower and the beneficiary named in any such LC); (iii) any draft, certificate, or any other document presented under the LC proving to be forged, fraudulent, invalid, or insufficient in any respect or any statement therein being untrue or inaccurate in any respect; and (iv) the occurrence of any Potential Default or Default.under

Obligation of Lenders. If Borrower fails to reimburse --------------------- Administrative Agent as provided in SECTION 2.2(cSection 2.3(c) within twenty-four (24) 24 hours after receiving notice of a draft pursuant the demand therefor by Administrative Agent and funds cannot be advanced under the Revolver Facility to SECTION 2.2(d)satisfy the reimbursement obligations, then Administrative Agent shall promptly notify each Lender of such Borrower's failure, of the date and amount (calculated at the then-current Dollar-Equivalent of such amount) of the draft paid, and of such Lender's Pro Rata Part Commitment Percentage (based on the Revolver Facility) thereof. Each Lender shall promptly and unconditionally make fund its participation interest in such unreimbursed draft by making available to Administrative Agent in immediately available funds such Lender's Pro Rata Part Commitment Percentage (based upon the Revolver Facility) of such unpaid reimbursement obligation (calculated at the then-current Dollar-Equivalent of such amount), which funds shall be paid unreimbursed draft. Funds are due and payable to Administrative Agent on or before the close of business on the Business Day on which such notice was given by when Administrative Agent gives notice to each Lender of Borrower's reimbursement failure (if given at or prior to 1:00 p.m., Dallas, Texas time) or on the next succeeding Business Day (if notice was given after 1:00 p.m., Dallas, Texas time). All such amounts payable by any such Lender shall include accrue interest thereon accruing at the Federal Funds Rate from the day the applicable draft is paid by Administrative Agent to (but not including) the date such the amount is paid by such the Lender to Administrative Agent. Until each Lender funds its participation pursuant to this Section 2.3(e) to reimburse Administrative Agent for any amount drawn under any LC, interest in respect of such Lender's Commitment Percentage of such amount shall be solely for the account of Administrative Agent. The obligations of Lenders to make payments to Administrative Agent (for the account of Administrative Agent) with respect to LCs shall be irrevocable and are not subject to any qualification or exception whatsoever (other than the gross negligence or wilful willful misconduct of Administrative Agent) and shall be made in accordance with the terms and conditions of this Agreement under all circumstances, including, without limitation, any of the following circumstances: (i) any lack of validity or enforceability of this Agreement or any of the Loan Documents; (ii) the existence of any claim, setoff, defense, or other Right which Borrower may have at any time against a beneficiary named in a LC, any transferee of any LC (or any Person for whom any such transferee may be acting), Administrative Agent, any Credit PartyLender, or any other Person, whether in connection with this Agreement, any LC, the transactions contemplated herein, or any unrelated transactions (including any underlying transaction between Borrower and the beneficiary named in any such LC); (iii) any draft, certificate, or any other document presented under the LC proving to be forged, fraudulent, invalid, or insufficient in any respect or any statement therein being untrue or inaccurate in any respect; and (iv) the occurrence of any Potential Default or Default.