Common use of Reimbursement Clause in Contracts

Reimbursement. If an Issuing Lender shall make any LC Disbursement in respect of a Letter of Credit, the Company shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on (i) the Business Day that the Company receives notice of such LC Disbursement, if such notice is received prior to 10:00 a.m., New York City time, or (ii) the Business Day immediately following the day that the Company receives such notice, if such notice is not received prior to such time, provided that, if such LC Disbursement is not less than $500,000, the Company may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 that such payment be financed with a Base Rate Revolving Credit Loan Borrowing in an equivalent amount and, to the extent so financed, the Company’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan Borrowing. If the Company fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the Company, in the same manner as provided in Section 2.05 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such Issuing Lender, then to such Lenders and such Issuing Lender as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an Issuing Lender for any LC Disbursement shall not constitute a Loan and shall not relieve the Company of its obligation to reimburse such LC Disbursement.

Appears in 7 contracts

Samples: Credit Agreement (Lamar Media Corp/De), Credit Agreement (Lamar Media Corp/De), Credit Agreement (Lamar Media Corp/De)

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Reimbursement. If an the Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on (i) on the Business Day date that such LC Disbursement is made, if the Company receives Borrower shall have received notice of such LC Disbursement, if such notice is received Disbursement prior to 10:00 a.m., New York City time, on such date, or (ii) the Business Day immediately following the day that the Company Borrower receives such notice, if such notice is not received prior to such time, time on the day of receipt; provided that, if such LC Disbursement is not less than $500,000, that the Company mayBorrower shall, subject to the conditions to borrowing Borrowing set forth herein, be deemed to have requested, and the Borrower does hereby request in accordance with Section 2.03 under such circumstances, that such payment be financed with a Base Rate Revolving Credit Loan an ABR Borrowing in an equivalent amount and, to the extent so financed, the CompanyBorrower’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan ABR Borrowing. If the Company Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrower in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyBorrower, in the same manner as provided in Section 2.05 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrower pursuant to this paragraphSection 2.08(e), the Administrative Agent shall distribute such payment to the respective Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph Section 2.08(e) to reimburse such the Issuing LenderBank, then to such Lenders and such the Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph Section 2.08(e) to reimburse an the Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Loans as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrower of its obligation to reimburse such LC Disbursement.

Appears in 7 contracts

Samples: Credit Agreement (WildHorse Resource Development Corp), Credit Agreement (WildHorse Resource Development Corp), Credit Agreement (Memorial Resource Development Corp.)

Reimbursement. If an Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on (i) the Business Day that the Company receives notice of such LC Disbursement, if such notice is received prior to 10:00 a.m., New York City time, or (ii) the Business Day immediately following the day that the Company receives such notice, if such Borrower received notice is not received prior to such time, provided that, if of such LC Disbursement is not less than $500,000, Disbursement; provided that the Company Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 that such payment be financed with a Base Rate an ABR Revolving Credit Loan Borrowing in an equivalent amount and, to the extent so financed, the CompanyBorrower’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate ABR Revolving Credit Loan Borrowing. If the Company Borrower fails to make such payment when duereimburse any LC Disbursement by the time specified above in this paragraph, then the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrower in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment amount then due from the CompanyBorrower, in the same manner as provided in Section 2.05 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit LendersLenders under this paragraph), and the Administrative Agent shall promptly pay remit to the respective applicable Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective applicable Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such Issuing LenderBank, then to such Revolving Lenders and such Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an any Issuing Lender Bank for any LC Disbursement (other than the funding of an ABR Revolving Borrowing as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrower of its obligation to reimburse such LC Disbursement.

Appears in 7 contracts

Samples: Credit Agreement (YETI Holdings, Inc.), Credit Agreement (YETI Holdings, Inc.), Credit Agreement (YETI Holdings, Inc.)

Reimbursement. If an the Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement (i) not later than 12:00 noon11:00 a.m., New York City Chicago time, on (i) the Business Day date that such LC Disbursement is made, if the Company receives Borrower shall have received notice of such LC Disbursement, if such notice is received Disbursement prior to 10:00 9:00 a.m., New York City Chicago time, on such date, or (ii) if such notice has not been received by the Borrower prior to such time on such date, then not later than 11:00 a.m., Chicago time, on the Business Day immediately following the day that the Company Borrower receives such notice, if such notice is not received prior to such time, ; provided that, if such LC Disbursement is not less than $500,000, the Company Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 or 2.05 that such payment be financed with a Base Rate Revolving Credit Loan CBFR Borrowing in an equivalent amount and, to the extent so financed, the CompanyBorrower’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan CBFR Borrowing. If the Company Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrower in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyBorrower, in the same manner as provided in Section 2.05 2.07 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.07 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such the Issuing LenderBank, then to such Lenders and such the Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an the Issuing Lender Bank for any LC Disbursement (other than the funding of CBFR Revolving Loans as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrower of its obligation to reimburse such LC Disbursement.

Appears in 6 contracts

Samples: Credit Agreement (Potbelly Corp), Credit Agreement (Potbelly Corp), Credit Agreement (Potbelly Corp)

Reimbursement. If an the Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City Boston, Massachusetts time, on (i) the Business Day that such LC Disbursement is made, if the Company receives Borrower shall have received notice of such LC Disbursement, if such notice is received Disbursement prior to 10:00 a.m., New York City Boston, Massachusetts time, or (ii) on such date, or, if such notice has not been received by the Borrower prior to such time on such date, then on the Business Day immediately following the day that the Company Borrower receives such notice, if such notice is not received prior to such time, time on the day of receipt; provided that, if such LC Disbursement is not less than $500,000, that the Company Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 that such payment be financed with a Base Rate an ABR Revolving Credit Borrowing or Swingline Loan Borrowing in an equivalent amount and, to the extent so financed, the Company’s Borrower's obligation to make such payment shall be discharged and replaced by the resulting Base Rate ABR Revolving Credit Loan BorrowingBorrowing or Swingline Loan. If the Company Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrower in respect thereof and such Revolving Credit Lender’s 's Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyBorrower, in the same manner as provided in Section 2.05 2.06 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.06 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such the Issuing LenderBank, then to such Lenders and such the Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an the Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Revolving Loans or a Swingline Loan as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrower of its obligation to reimburse such LC Disbursement.

Appears in 6 contracts

Samples: Credit Agreement (Education Realty Operating Partnership L P), Credit Agreement (Education Realty Operating Partnership L P), Credit Agreement (Education Realty Trust, Inc.)

Reimbursement. If an Issuing Lender shall make any LC Disbursement in respect of a Letter of CreditThe City shall, the Company shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on (i) the Business Day that the Company receives notice of such LC Disbursement, if such notice is received prior to 10:00 a.m., New York City time, or (ii) the Business Day immediately following the day that the Company receives such notice, if such notice is not received prior to such time, provided that, if such LC Disbursement is not less than $500,000, the Company may, fullest extent permitted by law and subject to the conditions provisions hereof, pay the Bank for the full amount of Indemnified Taxes and Other Taxes including any Indemnified Taxes or Other Taxes imposed by any jurisdiction on amounts payable under this Section 3.01 paid by the Bank or any liability (including penalties, interest and expenses) arising therefrom or with respect thereto, whether or not such Indemnified Taxes or Other Taxes were correctly or legally asserted; provided, that the City shall not be obligated to borrowing set forth hereinpay the Bank for any penalties, request in accordance with Section 2.03 that such payment be financed with a Base Rate Revolving Credit Loan Borrowing in an equivalent amount and, interest or expenses relating to Indemnified Taxes or Other Taxes arising from the Bank’s gross negligence or willful misconduct. The Bank agrees to give notice to the extent so financed, the Company’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan Borrowing. If the Company fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender City of the applicable LC Disbursement, assertion of any claim against the payment then due from the Company in respect thereof and Bank relating to such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt Indemnified Taxes or Other Taxes as promptly as is practicable after being notified of such noticeassertion; provided, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the Company, in the same manner as provided in Section 2.05 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender or, to the extent that the Revolving Credit Lenders have made payments pursuant Bank’s failure to this paragraph to reimburse notify the City promptly of such Issuing Lender, then to such Lenders and such Issuing Lender as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an Issuing Lender for any LC Disbursement shall not constitute a Loan and assertion shall not relieve the Company City of its obligation under this Section 3.01. Payments by the City pursuant to reimburse this subsection (b) shall be made within thirty (30) days from the date the Bank makes written demand therefor, which demand shall be accompanied by a certificate describing in reasonable detail the basis thereof. The Bank agrees to repay to the City any refund (including that portion of any interest that was included as part of such LC Disbursementrefund) with respect to Taxes or Other Taxes paid by the City pursuant to this Section 3.01 received by the Bank for Indemnified Taxes or Other Taxes that were paid by the City pursuant to this Section 3.01 and to contest, with the cooperation and at the expense of the City, any such Indemnified Taxes or Other Taxes which the Bank or the City reasonably believes not to have been properly assessed.

Appears in 6 contracts

Samples: Revolving Credit Agreement, Revolving Credit Agreement, Revolving Credit Agreement

Reimbursement. If an Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrowers shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Issuing Bank, with notice of such payment given to the Administrative Agent Agent, an amount equal to such LC Disbursement in dollars not later than 12:00 noon4:00 p.m., New York City time, on (i) the Business Day that the Company receives notice of such LC Disbursement, if such notice is received prior to 10:00 a.m., New York City time, or (ii) the Business Day immediately following the day that the Company receives Borrowers receive notice of such notice, if such notice is not received prior to such time, LC Disbursement; provided that, if such LC Disbursement is not less than the Dollar Equivalent of $500,0001,000,000, the Company Borrowers may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 or Section 2.04 that such payment be financed with a Base Rate an ABR Revolving Credit Loan Borrowing or a Swingline Loan, in each case in an equivalent amount amount, and, to the extent so financed, the Company’s Borrowers’ obligation to make such payment shall be discharged and replaced by the resulting Base Rate ABR Revolving Credit Loan BorrowingBorrowing or Swingline Loan. If the Company fails Borrowers fail to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrowers in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyBorrowers, in dollars and in the same manner as provided in Section 2.05 2.06 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.06 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit LendersLenders pursuant to this paragraph), and the Administrative Agent shall promptly pay remit to the respective applicable Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrowers pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective applicable Issuing Lender Bank in dollars or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such Issuing LenderBank, then to such Revolving Lenders and such Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an any Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Revolving Loans or a Swingline Loan as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrowers of its their obligation to reimburse such LC Disbursement.

Appears in 6 contracts

Samples: First Lien Credit Agreement (New Whale Inc.), Fourth Amendment (New Whale Inc.), Fourth Amendment (Endeavor Group Holdings, Inc.)

Reimbursement. If an Issuing Lender LC Issuer shall make any LC Disbursement in respect of a Letter of Credit, the Company applicable Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on (i) on the Business Day that immediately following the Company day on which such Borrower receives notice of such LC Disbursement, if such notice is received prior to 10:00 a.m.or at 12:00 noon, New York City time, on the day of receipt, or (ii) the two Business Day immediately following Days after the day that the Company on which such Borrower receives such notice, if such notice is not received prior to such after 12:00 noon, New York City time, on the day of receipt; provided that, if such LC Disbursement is not less than $500,000, that the Company applicable Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 2.04 that such payment be financed with a Base Rate Revolving Credit Loan Borrowing in an equivalent amount and, to the extent so financed, the Company’s obligation of such Borrower to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan Borrowing. If the Company applicable Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit applicable Lender of the applicable LC Disbursement, the payment then due from the Company such Borrower in respect thereof and such Revolving Credit Lender’s Applicable Global Tranche Percentage or US Tranche Percentage, as applicable, thereof. Promptly following receipt of such notice, each Revolving Credit Global Tranche Lender or US Tranche Lender, as applicable, shall pay to the Administrative Agent its Applicable Global Tranche Percentage or US Tranche Percentage of the payment then due from the Companysuch Borrower, in the same manner as provided in Section 2.05 2.02(e) with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.02(e) shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender LC Issuer the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company applicable Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender LC Issuer or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such Issuing Lenderthe LC Issuer, then to such Lenders and such Issuing Lender the LC Issuer as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an Issuing Lender the LC Issuer for any LC Disbursement (other than the funding of Base Rate Loans as contemplated above) shall not constitute a Loan and shall not relieve the Company applicable Borrower of its obligation to reimburse such LC Disbursement.

Appears in 6 contracts

Samples: Credit Agreement (Hartford Financial Services Group, Inc.), Credit Agreement (Hartford Financial Services Group, Inc.), Credit Agreement (Hartford Financial Services Group, Inc.)

Reimbursement. If an Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of CreditCredit issued by it, the Company applicable obligor Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on the date that such LC Disbursement is made, if such Borrower shall have received notice of such LC Disbursement prior to 10:00 a.m., New York City time, on such date, or, if such notice has not been received by such Borrower prior to such time on such date, then not later than 12:00 noon, New York City time, on (i) the Business Day that the Company such Borrower receives notice of such LC Disbursementnotice, if such notice is received prior to 10:00 a.m., New York City time, on the day of receipt, or (ii) the Business Day immediately following the day that the Company such Borrower receives such notice, if such notice is not received prior to such time, time on the day of receipt; provided that, if such LC Disbursement is not less than $500,000, the Company may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 that such payment be financed with a Base Rate Revolving Credit Loan Borrowing in an equivalent amount and, to the extent so financedfinanced with proceeds of an ABR Borrowing as contemplated by the following sentence, the Companysuch Borrower’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan ABR Borrowing. If Unless the Company, on its own behalf or on behalf of the applicable Pipeline Company fails Borrower, shall have notified the Administrative Agent of such Borrower’s intention to make reimburse the Administrative Agent directly for such payment when dueLC Disbursement, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company such Borrower in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit applicable Lender shall pay to make an ABR Loan in the Administrative Agent amount of its Applicable Percentage of the payment then due from the Companyapplicable Borrower, in the same manner as provided in Section 2.05 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit applicable Lenders), and the Administrative Agent shall promptly pay to the respective applicable Issuing Lender Bank the amounts so received by it from the Revolving Credit such Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company a Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective applicable Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such Issuing LenderBank, then to such the Lenders and such Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an Issuing Lender for any LC Disbursement shall not constitute a Loan and shall not relieve the Company of its obligation to reimburse such LC Disbursement.

Appears in 5 contracts

Samples: Subsidiary Guarantee Agreement (Tennessee Gas Pipeline Co), Subsidiary Guarantee Agreement (El Paso Corp/De), Credit Agreement (El Paso Corp/De)

Reimbursement. If an Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent in Dollars the Dollar Amount equal to such LC Disbursement, calculated as of the date such Issuing Bank made such LC Disbursement (or if such Issuing Bank shall so elect in its sole discretion by notice to the Company, in such other Agreed Currency which was paid by such Issuing Bank pursuant to such LC Disbursement in an amount equal to such LC Disbursement Disbursement) not later than 12:00 noonnoon on the date that such LC Disbursement is made, New York City time, on (i) the Business Day that if the Company receives shall have received notice of such LC DisbursementDisbursement prior to 10:00 a.m. on such date, or, if such notice is has not been received by the Company prior to 10:00 a.m.such time on such date, New York City time, or (ii) then not later than 12:00 noon on the Business Day immediately following the day that the Company receives such notice, if such notice is not received prior to such time, time on the day of receipt; provided that, if such LC Disbursement is not less than the Dollar Amount of $500,0001,000,000, the Company may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 or 2.05 that such payment be financed with a Base Rate an ABR Revolving Credit Borrowing or Swingline Loan Borrowing in an equivalent amount Dollar Amount of such LC Disbursement and, to the extent so financed, the Company’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate ABR Revolving Credit Loan BorrowingBorrowing or Swingline Loan. If the Company fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the Company, in the same manner as provided in Section 2.05 2.07 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.07 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective relevant Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective relevant Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such Issuing LenderBank, then to such Lenders and such Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Revolving Loans or a Swingline Loan as contemplated above) shall not constitute a Loan and shall not relieve the Company of its obligation to reimburse such LC Disbursement.

Appears in 5 contracts

Samples: Credit Agreement (Worthington Industries Inc), Credit Agreement (Worthington Industries Inc), Credit Agreement (Worthington Industries Inc)

Reimbursement. If an the Issuing Lender shall make any LC Disbursement in respect of a Letter of CreditCredit (including any Letter of Credit issued for the account of any Subsidiary), the Company Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on (i) the Business Day that the Company receives notice of such LC Disbursement, if such notice is received prior to 10:00 a.m., New York City time, or (ii) the Business Day immediately following the day that the Company Borrower receives notice of such noticeLC Disbursement; provided, if such notice is not received prior to such time, provided that, if such LC Disbursement is not less than $500,000, the Company Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 2.04(a) that such payment be financed with a Base Rate Revolving Credit Loan an ABR Borrowing in an equivalent amount and, to the extent so financed, the CompanyBorrower’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan ABR Borrowing. If the Company Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Tranche A Lender of the applicable LC Disbursement, the payment then due from the Company Borrower in respect thereof and such Revolving Credit Tranche A Lender’s Applicable Tranche A Commitment Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Tranche A Lender shall pay to the Administrative Agent its Applicable Tranche A Commitment Percentage of the payment then due to the Issuing Lender from the CompanyBorrower, in the same manner as provided in Section 2.05 with respect to Revolving Credit Tranche A Loans made by such Tranche A Lender (and Section 2.05 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Tranche A Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender the amounts so received by it from the Revolving Credit Tranche A Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender or, to the extent that the Revolving Credit Tranche A Lenders have made payments pursuant to this paragraph to reimburse such the Issuing Lender, then to such Tranche A Lenders and such the Issuing Lender as their interests may appear. Any payment made by a Revolving Credit Tranche A Lender pursuant to this paragraph to reimburse an the Issuing Lender for any LC Disbursement (other than the funding of ABR Loans as contemplated above) shall not constitute a Tranche A Loan and shall not relieve the Company Borrower of its obligation to reimburse such LC Disbursement.

Appears in 5 contracts

Samples: Loan and Guaranty Agreement, Loan and Guaranty Agreement (Delphi Corp), Loan and Guaranty Agreement (Delphi Corp)

Reimbursement. If an Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noonon the date that such LC Disbursement is made, if the Borrower shall have received notice of such LC Disbursement prior to 9:00 a.m., New York City time, on (i) the Business Day that the Company receives notice of such LC Disbursementdate, or, if such notice is has not been received by the Borrower prior to 10:00 a.m.such time on such date, New York City time, or (ii) then on the Business Day immediately following the day that the Company Borrower receives such notice, if such notice is not received prior to such time, ; provided that, if such LC Disbursement is not less than $500,000, that the Company Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section Sections 2.03 or 2.05 that such payment be financed with an ABR Revolving Borrowing or a Base Rate Revolving Credit Swingline Loan Borrowing in an equivalent amount and, to the extent so financed, the CompanyBorrower’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate ABR Revolving Credit Loan BorrowingBorrowing or Swingline Loan. If the Company Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrower in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyBorrower, in the same manner as provided in Section 2.05 2.07 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.07 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective applicable Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective applicable Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such Issuing LenderBank, then to such Lenders and such the applicable Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Revolving Loans or Swingline Loan as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrower of its obligation to reimburse such LC Disbursement.

Appears in 5 contracts

Samples: Credit Agreement (WPX Energy, Inc.), Credit Agreement (WPX Energy, Inc.), Credit Agreement (Williams Companies Inc)

Reimbursement. If an the Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on (i) the Business Day that the Company Borrower receives notice of such LC Disbursement, if such notice is received prior to 10:00 9:00 a.m., New York City time, on the day of receipt, or (ii) the Business Day immediately following the day that the Company Borrower receives such notice, if such notice is not received prior to such after 9:00 a.m., New York time, on the day of receipt; provided that, if such LC Disbursement is not less than $500,000, that the Company Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 or 2.05 that such payment be financed with a Base Rate an ABR Revolving Credit Borrowing or Swingline Loan Borrowing in an equivalent amount and, to the extent so financed, the CompanyBorrower’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate ABR Revolving Credit Loan BorrowingBorrowing or Swingline Loan. If the Company Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrower in respect thereof thereof, and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyBorrower, in the same manner as provided in Section 2.05 2.07 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.07 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such the Issuing LenderBank, then to such Lenders and such the Issuing Lender Bank, as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an the Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Revolving Loans or Swingline Loan as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrower of its obligation to reimburse such LC Disbursement.

Appears in 5 contracts

Samples: Credit Agreement (F45 Training Holdings Inc.), Credit Agreement (F45 Training Holdings Inc.), Credit Agreement (F45 Training Holdings Inc.)

Reimbursement. (i) If an any Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying pay to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon1:00 p.m., New York City time, on (i) the next Business Day following the Business Day on which the Borrower shall have received notice from such Issuing Bank that the Company receives notice payment of such LC Disbursement, if such notice is received prior to 10:00 a.m., New York City time, or (ii) the Business Day immediately following the day that the Company receives such notice, if such notice is not received prior to such time, provided that, if such LC Disbursement is not less than $500,000, the Company may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 that such payment draft will be financed with a Base Rate Revolving Credit Loan Borrowing in an equivalent amount and, to the extent so financed, the Company’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan Borrowingmade. If the Company Borrower fails to make such payment when due, the applicable Issuing Bank shall notify the Administrative Agent and the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrower in respect thereof and such Revolving Credit Lender’s Applicable Percentage Pro Rata Share thereof. Promptly following receipt of such notice, each Each Revolving Credit Lender shall pay by wire transfer of immediately available funds to the Administrative Agent its Applicable Percentage not later than 12:00 p.m., New York City time, on such date (or, if such Revolving Lender shall have received such notice later than 12:00 p.m., New York City time, on any day, not later than 11:00 a.m., New York City time, on the immediately following Business Day), an amount equal to such Revolving Lender’s Pro Rata Share of the payment then due from the Company, unreimbursed LC Disbursement in the same manner as provided in Section 2.05 2.02(c) with respect to Revolving Credit Loans made by such Lender (and Section 2.05 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders)Lender, and the Administrative Agent shall will promptly pay to the respective such Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt The Administrative Agent will promptly pay to the applicable Issuing Bank any amounts received by it from the Borrower pursuant to the above paragraph prior to the time that any Revolving Lender makes any payment pursuant to the preceding sentence and any such amounts received by the Administrative Agent of any payment from the Company pursuant to this paragraph, Borrower thereafter will be promptly remitted by the Administrative Agent shall distribute such payment to the respective Issuing Lender or, to the extent Revolving Lenders that the Revolving Credit Lenders shall have made such payments pursuant and to this paragraph to reimburse such Issuing LenderBank, then to such Lenders and such Issuing Lender as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an Issuing Lender for any LC Disbursement shall not constitute a Loan and shall not relieve the Company of its obligation to reimburse such LC Disbursementappropriate.

Appears in 5 contracts

Samples: Credit Agreement (Surgery Partners, Inc.), Credit Agreement (Surgery Partners, Inc.), Credit Agreement (Surgery Partners, Inc.)

Reimbursement. If an the Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on (i) the Business Day date that such LC Disbursement is made, if the Company receives Borrower shall have received notice of such LC Disbursement, if such notice is received Disbursement prior to 10:00 a.m., New York City time, or (ii) on such date, or, if such notice has not been received by the Borrower prior to such time on such date, then not later than 12:00 noon, New York City time, on the Business Day immediately following the day that the Company Borrower receives such notice, if such notice is not received prior to such time, ; provided that, if such LC Disbursement is not less than $500,000, that the Company Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 that such payment be financed with a Base Rate Revolving Credit Loan an ABR Borrowing in an equivalent amount and, to the extent so financed, the CompanyBorrower’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan ABR Borrowing. If the Company Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrower in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyBorrower, in the same manner as provided in Section 2.05 2.07 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.07 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such the Issuing LenderBank, then to such Lenders and such the Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an the Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Loans as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrower of its obligation to reimburse such LC Disbursement.

Appears in 4 contracts

Samples: Credit Agreement (Enterprise GP Holdings L.P.), Credit Agreement (Enterprise GP Holdings L.P.), Credit Agreement (Enterprise GP Holdings L.P.)

Reimbursement. If an the Issuing Lender shall make Bank makes any LC Disbursement in respect of a Letter of Credit, the Company Borrowers shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on (i) the Business Day day that such LC Disbursement is made, if the Company receives notice of such LC Disbursement, if such notice is received prior to Disbursement before 10:00 a.m., New York City time, or on such day, or, if such notice has not been received by the Company by such time on such day, then not later than 12:00 noon, New York City time, on (iii) the Business Day immediately following the day that the Company receives such notice, if such notice is not received prior to such before 10:00 a.m., New York City time, provided thaton the day of receipt, or (ii) the next Business Day, if such LC Disbursement notice is not less than $500,000, received before such time on the day of receipt; provided that the Company may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 or 2.04 that such payment be financed with a Base Rate Revolving Credit an ABR Borrowing or Swingline Loan Borrowing in an equivalent amount and, to the extent so financed, the Company’s Borrowers’ obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan BorrowingABR Borrowing or Swingline Loan. If the Company fails Borrowers fail to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender and the Issuing Bank of the applicable LC Disbursement, the payment then due from the Company Borrowers in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyBorrowers, in the same manner as is provided in Section 2.05 2.06 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.06 shall apply, mutatis mutandis, to the such payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrowers pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such the Issuing LenderBank, then to such Lenders and such the Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an the Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Loans or a Swingline Loan as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrowers of its their obligation to reimburse such LC Disbursement.

Appears in 4 contracts

Samples: Assignment and Assumption (KKR & Co. L.P.), Assignment and Assumption (KKR & Co. L.P.), Credit Agreement (KKR & Co. L.P.)

Reimbursement. If an Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on (i) the Business Day that the Company receives notice of such LC Disbursement, if such notice is received prior to 10:00 a.m., New York City time, or (ii) the Business Day immediately following the day that the Company Borrower receives such notice, if such notice is not received prior to such timetime on the day of receipt; provided, provided that, if such LC Disbursement is not less than $500,000, the Company Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 or 2.04 that such payment be financed with a Base Rate Revolving Credit Loan an ABR Borrowing in an equivalent amount and, to the extent so financed, the CompanyBorrower’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan ABR Borrowing. If the Company Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrower in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyBorrower, in the same manner as provided in Section 2.05 2.07 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.07 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective applicable Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective applicable Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such Issuing LenderBank, then to such Lenders and such Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an any Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Loans as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrower of its obligation to reimburse such LC Disbursement.

Appears in 4 contracts

Samples: Credit Agreement (Cvent Holding Corp.), Credit Agreement (Jamf Holding Corp.), Credit Agreement (Ping Identity Holding Corp.)

Reimbursement. If The Company agrees that if an Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company shall reimburse such Issuing Lender in respect of such LC Disbursement by paying paying, or causing to be paid, to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on (i) the Business Day date that such LC Disbursement is made, if the Company receives shall have received notice of such LC Disbursement, if such notice is received Disbursement prior to 10:00 a.m., New York City time, or (ii) on such date, or, if such notice has not been received by the Company prior to such time on such date, then not later than 12:00 noon, New York City time, on the Business Day immediately following the day that the Company receives such notice, if such notice is not received prior to such time, ; provided that, if such LC Disbursement is not less than $500,000, that the Company mayshall conclusively be deemed, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 to have requested that such payment be financed with a Base Rate Revolving Credit Loan Borrowing in an equivalent amount and, to the extent so financed, the Company’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan BorrowingLoan. If the Company fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender Funding Agent of the applicable LC Disbursement, the payment then due from the Company in respect thereof and the Funding Agents’ related Lender Group’s Allocated Share thereof. The Funding Agents shall provide a copy of such Revolving Credit Lender’s Applicable Percentage notice to each Lender promptly upon receipt thereof. Promptly following receipt of such notice, each Revolving Credit Lender Funding Agent shall pay or shall cause to be paid to the Administrative Agent its Applicable Percentage related Lender Group’s Allocated Share of the payment then due from the Company, in the same manner as provided in Section 2.05 3 with respect to Revolving Credit Loans made by such Lender Group (and Section 2.05 3 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Committed Lenders), and the Administrative Agent shall promptly pay to the respective such Issuing Lender Bank the amounts so received by it from the Revolving Credit LendersLender Groups. Promptly following receipt by the Administrative Agent of any payment from the Company pursuant to this paragraphclause (e), the Administrative Agent shall distribute such payment to the respective applicable Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have each related Lender Group has made payments pursuant to this paragraph clause (e) to reimburse such Issuing LenderBank, then to the applicable Funding Agents for the benefit of such Lenders Lender Groups and such Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender Group pursuant to this paragraph clause (e) to reimburse an Issuing Lender Bank for any LC Disbursement (other than the funding of Loans as contemplated above) shall not constitute a Loan and shall not relieve the Company of its obligation obligations to reimburse such LC Disbursement.

Appears in 4 contracts

Samples: Receivables Loan Agreement (Huntsman International LLC), Receivables Purchase Agreement (Huntsman International LLC), Receivables Purchase Agreement (Huntsman International LLC)

Reimbursement. If an the Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrowers shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than (a) 12:00 noon, New York, New York City time, on (i) the Business Day date that such LC Disbursement is made, if the Company receives applicable Borrower shall have received notice of such LC Disbursement, if such notice is received Disbursement prior to 10:00 a.m., New York, New York City time, one Business Day prior to such date or (iib) if such notice has not been received by the applicable Borrower prior to such time on such date, then not later than 12:00 noon, New York, New York time, two Business Day Days immediately following the day that the Company receives Borrowers receive such notice, if such notice is not received prior to such time, ; provided that, if such LC Disbursement is an Event of Default set forth in Article 7(g) shall not less than $500,000have occurred and be continuing, the Company may, subject Borrowers shall be deemed to the conditions to borrowing set forth herein, request have requested in accordance with Section 2.03 2.2 that such payment be financed with a Base Rate Revolving Credit an ABR Loan Borrowing in an equivalent amount and, to the extent so financed, the Company’s Borrowers' obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan BorrowingABR Loan. If the Company fails Borrowers fail to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrowers in respect thereof and such Revolving Credit Lender’s Applicable 's Loan Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Loan Percentage of the payment then due from the CompanyBorrowers, in the same manner as provided in Section 2.05 2.2 with respect to Revolving Credit Term Loans made by such Lender (and Section 2.05 2.2 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrowers pursuant to this paragraphSection 2.3(e), the Administrative Agent shall distribute such payment to the respective Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph Section 2.3(e) to reimburse such the Issuing LenderBank, then to such Lenders and such the Issuing Lender Bank as their interests interest may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph Section 2.3(e) to reimburse an the Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Loans as contemplated above) shall not constitute a Term Loan and shall not relieve the Company Borrowers of its their obligation to reimburse such LC Disbursement.

Appears in 4 contracts

Samples: Credit Agreement (Hicks Thomas O), Credit Agreement (Hicks Thomas O), Credit Agreement (Hicks Thomas O)

Reimbursement. If an any Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon5:00 p.m., New York City time, on (i) the Business Day that immediately following the Company date on which the Borrower receives notice of such LC Disbursement, if such notice is received prior to 10:00 a.m., New York City time, or (ii) the Business Day immediately following the day ; provided that the Company receives such notice, if such notice is not received prior to such time, provided that, if such LC Disbursement is not less than $500,000, the Company Borrower may, at its election and subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 2.3 or Section 2.4, as applicable, that such payment be financed with a Base Rate Revolving Credit Borrowing or a Swingline Loan Borrowing in an equivalent amount and, to the extent so financed, the CompanyBorrower’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan BorrowingABR Borrowing or Swingline Loan. If the Company Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrower in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyBorrower, in the same manner as provided in Section 2.05 2.6 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.6 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective applicable Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective applicable Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such Issuing LenderBank, then to such Lenders and such Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an any Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Revolving Loans or a Swingline Loan as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrower of its obligation to reimburse such LC Disbursement.

Appears in 4 contracts

Samples: Revolving Credit Agreement (CF Industries Holdings, Inc.), Revolving Credit Agreement (CF Industries Holdings, Inc.), Revolving Credit Agreement (CF Industries Holdings, Inc.)

Reimbursement. If an the Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent in an amount equal to such LC Disbursement not later than 12:00 noon1:00 p.m., New York City timeLocal Time, on (i) the Business Day date that such LC Disbursement is made, if the Company receives shall have received notice of such LC Disbursement, if such notice is received Disbursement prior to 10:00 a.m., New York City timeLocal Time, or (ii) on such date, or, if such notice has not been received by the Company prior to such time on such date, then not later than 1:00 p.m., Local Time, on the Business Day immediately following the day that the Company receives such notice, if such notice is not received prior to such time, ; provided that, if such LC Disbursement is not less than the Equivalent Amount of $500,000100,000, the Company may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 or 2.05 that such payment be financed with a Base Rate an ABR Revolving Credit Borrowing or Swingline Loan Borrowing in an equivalent amount the Dollar Amount of such LC Disbursement and, to the extent so financed, the Company’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate ABR Revolving Credit Loan BorrowingBorrowing or Swingline Loan. If the Company fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the Company, in the same manner as provided in Section 2.05 2.07 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.07 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such the Issuing LenderBank, then to such Lenders and such the Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an the Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Revolving Loans or a Swingline Loan as contemplated above) shall not constitute a Loan and shall not relieve the Company of its obligation to reimburse such LC Disbursement. If the Company’s reimbursement of, or obligation to reimburse, any amounts in any Foreign Currency would subject a Credit Party to any stamp duty, ad valorem charge or similar tax that would not be payable if such reimbursement were made or required to be made in U.S. Dollars, the Company shall, at its option, either (x) pay the amount of any such tax requested by such Credit Party or (y) reimburse each LC Disbursement made in such Foreign Currency in U.S. Dollars, in an amount equal to the Dollar Amount, calculated using the applicable exchange rates, on the date such LC Disbursement is made, of such LC Disbursement.

Appears in 4 contracts

Samples: Credit Agreement (Cabot Corp), Credit Agreement (Cabot Corp), Credit Agreement (Cabot Corp)

Reimbursement. If an Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on (i) the Business Day date that such LC Disbursement is made, if the Company receives Borrower shall have received notice of such LC Disbursement, if such notice is received Disbursement prior to 10:00 a.m., New York City time, or (ii) on such date, or, if such notice has not been received by the Borrower prior to such time on such date, then not later than 10:00 a.m., New York City time, on the Business Day immediately following the day that the Company Borrower receives such notice, if such notice is not received prior to such time, ; provided that, if such LC Disbursement is not less than $500,000, that the Company Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 or 2.05 that such payment be financed with a Base Rate an ABR Revolving Credit Borrowing or Swingline Loan Borrowing in an equivalent amount and, to the extent so financed, the CompanyBorrower’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate ABR Revolving Credit Loan BorrowingBorrowing or Swingline Loan. If the Company Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrower in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyBorrower, in the same manner as provided in Section 2.05 2.07 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.07 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective applicable Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective applicable Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such the applicable Issuing LenderBank, then to such Lenders and such the applicable Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Revolving Loans or a Swingline Loan as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrower of its obligation to reimburse such LC Disbursement.

Appears in 4 contracts

Samples: Credit Agreement (Fortune Brands Home & Security, Inc.), Credit Agreement (Fortune Brands Home & Security, Inc.), Credit Agreement (Fortune Brands Home & Security, Inc.)

Reimbursement. If an the Issuing Lender shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrower shall reimburse such the Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on (i) the Business Day that the Company Borrower receives notice of such LC Disbursement, if such notice is received prior to 10:00 a.m., New York City time, or (ii) the Business Day immediately following the day that the Company Borrower receives such notice, if such notice is not received prior to such time, provided that, if such LC Disbursement is not less than $500,000, the Company Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 that such payment be financed with a Revolving Credit Base Rate Revolving Credit Loan Borrowing in an equivalent amount and, to the extent so financed, the Company’s Borrower's obligation to make such payment shall be discharged and replaced by the resulting Revolving Credit Base Rate Revolving Credit Loan Borrowing. If the Company Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrower in respect thereof and such Revolving Credit Lender’s 's Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyBorrower, in the same manner as provided in Section 2.05 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such the Issuing Lender, then to such Lenders and such the Issuing Lender as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an the Issuing Lender for any LC Disbursement shall not constitute a Loan and shall not relieve the Company Borrower of its obligation to reimburse such LC Disbursement.

Appears in 4 contracts

Samples: Credit Agreement (Lamar Advertising Co), Credit Agreement (Ohio Logos Inc), Credit Agreement (Lamar Advertising Co)

Reimbursement. If an the Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on (i) the Business Day that the Company Borrower receives notice of such LC Disbursementnotice, if such notice is received prior to 10:00 a.m., New York City time, on the day of receipt, or (ii) the Business Day immediately following the day that the Company Borrower receives such notice, if such notice is not received prior to such time, time on the day of receipt; provided that, if such LC Disbursement is not less than $500,000, that the Company mayBorrower shall, subject to the conditions to borrowing set forth herein, request automatically be deemed to have requested in accordance with Section 2.03 that such payment be financed with a Base Rate Revolving Credit Loan an ABR Borrowing in an equivalent amount and, to the extent so financed, the CompanyBorrower’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan ABR Borrowing. If the Company Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrower in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyBorrower, in the same manner as provided in Section 2.05 2.07 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.07 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such the Issuing LenderBank, then to such Lenders and such the Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an the Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Loans as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrower of its obligation to reimburse such LC Disbursement.

Appears in 3 contracts

Samples: Credit Agreement (Penn Virginia Corp), Credit Agreement (Penn Virginia Corp), Credit Agreement (Penn Virginia Corp)

Reimbursement. If an Issuing Lender For purposes of determining the amount of the Gross-up Payment, the Executive shall make be treated as paying federal income taxes at his actual tax rate for federal income taxation in the calendar year in which the Gross-up Payment is to be made and state and local income taxes at his actual rate of taxation in the state and locality of the Executive’s residence for the calendar year in which the Company Payment is to be made, net of the maximum reduction in federal income taxes which could be obtained from deduction of such state and local taxes if paid in such year. In the event that the Excise Tax is subsequently determined by the Accountants to be less than the amount taken into account hereunder at the time the Gross-up Payment is made, the Executive shall repay to the Company, at the time that the amount of such reduction in Excise Tax is finally determined, the portion of the prior Gross-up Payment attributable to such reduction (plus the portion of the Gross-up Payment attributable to the Excise Tax and federal and state and local income tax imposed on the portion of the Gross-up Payment being repaid by the Executive if such repayment results in a reduction in Excise Tax or a federal and state and local income tax deduction), plus interest on the amount of such repayment at the rate provided in Section 1274(b)(2)(B) of the Code. Notwithstanding the foregoing, in the event any LC Disbursement portion of the Gross-up Payment to be refunded to the Company has been paid to any federal, state or local tax authority, repayment thereof (and related amounts) shall not be required until actual refund or credit of such portion has been made to the Executive, and interest payable to the Company shall not exceed the interest received or credited to the Executive by such tax authority for the period it held such portion. The Executive and the Company shall mutually agree upon the course of action to be pursued (and the method of allocating the expense thereof) if the Executive’s good faith claim for refund or credit is denied. Furthermore, to the extent any repayment of such amount would be in respect violation of a Letter the Sarbonne Oxley Act, there shall be no such obligation of Creditrepayment. In the event that the Excise Tax is later determined by the Accountant or the Internal Revenue Service to exceed the amount taken into account hereunder at the time the Gross-up Payment is made (including by reason of any payment the existence or amount of which cannot be determined at the time of the Gross-up Payment), the Company shall reimburse such Issuing Lender make an additional Gross-up Payment in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on excess (i) the Business Day that the Company receives notice of such LC Disbursement, if such notice is received prior to 10:00 a.m., New York City time, plus any interest or (ii) the Business Day immediately following the day that the Company receives such notice, if such notice is not received prior to such time, provided that, if such LC Disbursement is not less than $500,000, the Company may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 that such payment be financed with a Base Rate Revolving Credit Loan Borrowing in an equivalent amount and, to the extent so financed, the Company’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan Borrowing. If the Company fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the Company, in the same manner as provided in Section 2.05 penalties payable with respect to Revolving Credit Loans made by such Lender (and Section 2.05 shall apply, mutatis mutandis, to excess) at the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender or, to the extent time that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse amount of such Issuing Lender, then to such Lenders and such Issuing Lender as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an Issuing Lender for any LC Disbursement shall not constitute a Loan and shall not relieve the Company of its obligation to reimburse such LC Disbursementexcess is finally determined.

Appears in 3 contracts

Samples: Employment Agreement (Bionovo Inc), Employment Agreement (Enzo Biochem Inc), Employment Agreement (Enzo Biochem Inc)

Reimbursement. If an the Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on (i) the Business Day date that such LC Disbursement is made, if the Company receives Borrower shall have received notice of such LC Disbursement, if such notice is received Disbursement prior to 10:00 a.m., New York City time, or (ii) on such date, or, if such notice has not been received by the Borrower prior to such time on such date, then not later than 12:00 noon, New York City time on the Business Day immediately following the day that the Company Borrower receives such notice, if such notice is not received prior to such time, ; provided that, if such LC Disbursement is not less than $500,000, that the Company Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section Sections 2.03 or 2.05 that such payment be financed with an ABR Revolving Borrowing or a Base Rate Revolving Credit Swingline Loan Borrowing in an equivalent amount and, to the extent so financed, the CompanyBorrower’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate ABR Revolving Credit Loan BorrowingBorrowing or Swingline Loan. If the Company Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrower in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyBorrower, in the same manner as provided in Section 2.05 2.07 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.07 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such the Issuing LenderBank, then to such Lenders and such the Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an the Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Revolving Loans or a Swingline Loan as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrower of its obligation to reimburse such LC Disbursement.

Appears in 3 contracts

Samples: Credit Agreement (Vera Bradley, Inc.), Credit Agreement (Vera Bradley, Inc.), Credit Agreement (Vera Bradley, Inc.)

Reimbursement. If an Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on (i) not later than the next Business Day following the date that such LC Disbursement is made, if the Company receives Borrower shall have received notice of such LC Disbursement, if such notice is received Disbursement prior to 10:00 a.m.2:00 p.m., New York City time, or (ii) on the Business Day immediately following the day that the Company receives date such noticeLC Disbursement is made, or, if such notice is has not been received by the Borrower prior to such time on such date, then not later than 12:00 noon, New York City time, on the Business Day next following the date on which the Borrower receives such notice by such time; provided that, if such LC Disbursement is not less than $500,000, that the Company Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 or 2.04 that such payment be financed with an ABR Revolving Borrowing or a Base Rate Revolving Credit Loan Swingline Borrowing in an equivalent amount and, to the extent so financedsuch Issuing Bank shall have received the proceeds thereof as contemplated by Section 2.06(a), the CompanyBorrower’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate ABR Revolving Credit Loan Borrowing or Swingline Borrowing. If the Company Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrower in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyBorrower, in the same manner as provided in Section 2.05 2.06 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.06 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit LendersLenders pursuant to this paragraph), and the Administrative Agent shall promptly pay to the respective applicable Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective applicable Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such Issuing LenderBank, then to such Lenders and such Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an any Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Revolving Loans or a Swingline Loan as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrower of its obligation to reimburse such LC Disbursement.

Appears in 3 contracts

Samples: Assignment and Acceptance (Hess Midstream Partners LP), Assignment and Acceptance (Hess Midstream Partners LP), Guarantee Agreement (Hess Midstream Partners LP)

Reimbursement. If an the Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on (i) the next Business Day that the Company receives notice of such LC Disbursement, if such notice is received prior to 10:00 a.m., New York City time, or (ii) the Business Day immediately following the day date that the Company receives such notice, if such notice is not received prior to such time, provided that, if such LC Disbursement is not less than $500,000, made; provided that the Company may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 or 2.04 that such payment be financed with a Base Rate an ABR US Tranche Revolving Credit Borrowing or US Tranche Swingline Loan Borrowing in an equivalent amount and, to the extent so financed, the Company’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate ABR US Tranche Revolving Credit Loan BorrowingBorrowing or US Tranche Swingline Loan, as the case may be. If the Company fails to make such payment when due, then the Administrative Agent shall notify each Revolving Credit US Tranche Lender of the applicable LC Disbursement, the payment then due from the Company in respect thereof and such Revolving Credit US Tranche Lender’s Applicable US Tranche Revolving Percentage thereof. Promptly following receipt of such notice, each Revolving Credit US Tranche Lender shall pay to the Administrative Agent its Applicable US Tranche Revolving Percentage of the payment then due from the Company, Company in the same manner as provided in Section 2.05 2.06 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.06 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank in US Dollars the amounts so received by it from the Revolving Credit such Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender Bank or, to the extent that the Revolving Credit US Tranche Lenders have made payments pursuant to this paragraph to reimburse such the Issuing LenderBank, then to such Lenders and such the Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit US Tranche Lender pursuant to this paragraph to reimburse an the Issuing Lender Bank for any LC Disbursement (other than the funding of ABR US Tranche Revolving Loans or US Tranche Swingline Loans, as contemplated above) shall not constitute a Loan and shall not relieve the Company of its obligation to reimburse such LC Disbursement.

Appears in 3 contracts

Samples: Credit Agreement (Insight Enterprises Inc), Credit Agreement (Insight Enterprises Inc), Credit Agreement (Insight Enterprises Inc)

Reimbursement. If an the Issuing Lender Bank shall make any LC Disbursement in respect of a any Letter of Credit, the Company Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent for the account of the Issuing Bank an amount in Dollars equal to such LC Disbursement not later than 12:00 noon, New York City time, on (i) the Business Day that the Company receives LC Disbursement is made if the Borrower shall have received notice of such LC Disbursement, if such notice is received prior to 10:00 a.m., New York City time, on such day, or (ii) the Business Day immediately following the day that the Company Borrower receives such notice, if such notice is not received prior to such time, provided that, if such LC Disbursement is not less than $500,000, 10:00 a.m. New York City time on the Company may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 that such payment be financed with a Base Rate Revolving Credit Loan Borrowing in an equivalent amount and, to the extent so financed, the Company’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan Borrowingday of receipt. If the Company Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrower in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the Company, in the same manner as provided in Section 2.05 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), Borrower and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such the Issuing LenderBank, then to such Lenders and such the Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an the Issuing Lender Bank for any LC Disbursement shall not constitute a Loan and shall not relieve the Company Borrower of its obligation to reimburse such LC Disbursement.

Appears in 3 contracts

Samples: Letter of Credit Agreement, Drawing Certificate (NuStar Energy L.P.), Letter of Credit Agreement (NuStar Energy L.P.)

Reimbursement. If an the Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on (i) the Business Day date that such LC Disbursement is made, if the Company receives Borrower shall have received notice of such LC Disbursement, if such notice is received Disbursement prior to 10:00 a.m., New York City time, or (ii) on such date, or, if such notice has not been received by the Borrower prior to such time on such date, then not later than 12:00 noon, New York City time, on the Business Day immediately following the day that the Company Borrower receives such notice, if such notice is not received prior to such time, ; provided that, if such LC Disbursement is not less than $500,000, that the Company Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 or 2.05 that such payment be financed with a Base Rate an ABR Revolving Credit Borrowing or Swingline Loan Borrowing in an equivalent amount and, to the extent so financed, the CompanyBorrower’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate ABR Revolving Credit Loan BorrowingBorrowing or Swingline Loan. If the Company Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrower in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyBorrower, in the same manner as provided in Section 2.05 2.07 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.07 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such the Issuing LenderBank, then to such Lenders and such the Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an the Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Revolving Loans or a Swingline Loan as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrower of its obligation to reimburse such LC Disbursement.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Duncan Energy Partners L.P.), Revolving Credit Agreement (Enterprise Products Partners L P), Year Revolving Credit Agreement (Enterprise Products Partners L P)

Reimbursement. If an Issuing Lender the LC Issuer shall make any LC Disbursement in respect of a Letter of Credit, the Company applicable Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on (i) on the Business Day that immediately following the Company day on which such Borrower receives notice of such LC Disbursement, if such notice is received prior to 10:00 a.m.or at 12:00 noon, New York City time, on the day of receipt, or (ii) the two Business Day immediately following Days after the day that the Company on which such Borrower receives such notice, if such notice is not received prior to such after 12:00 noon, New York City time, on the day of receipt; provided that, if such LC Disbursement is not less than $500,000, that the Company applicable Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 2.04 that such payment be financed with a Base Rate Revolving Credit Loan Borrowing in an equivalent amount and, to the extent so financed, the Company’s obligation of such Borrower to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan Borrowing. If the Company applicable Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company such Borrower in respect thereof and such Revolving Credit Lender’s Applicable Pro Rata Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Pro Rata Percentage of the payment then due from the Companysuch Borrower, in the same manner as provided in Section 2.05 2.02(c) with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.02(c) shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender LC Issuer the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company applicable Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender LC Issuer or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such Issuing Lenderthe LC Issuer, then to such Lenders and such Issuing Lender the LC Issuer as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an Issuing Lender the LC Issuer for any LC Disbursement (other than the funding of Base Rate Standby Loans as contemplated above) shall not constitute a Loan and shall not relieve the Company applicable Borrower of its obligation to reimburse such LC Disbursement.

Appears in 3 contracts

Samples: Credit Facility Agreement (Hartford Financial Services Group Inc/De), Credit Facility Agreement (Hartford Financial Services Group Inc/De), Credit Facility Agreement (Hartford Life Inc)

Reimbursement. If an Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrowers shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on (i) the Business Day that the Company Borrower Representative receives notice of such LC Disbursement, if such notice is received prior to 10:00 9:00 a.m., New York City time, on the day of receipt, or (ii) the Business Day immediately following the day that the Company Borrower Representative receives such notice, if such notice is not received prior to such after 9:00 a.m., New York time, on the day of receipt; provided that, if such LC Disbursement is not less than $500,000, that the Company Borrowers may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 that such payment be financed with a Base Rate an ABR Revolving Credit Loan Borrowing in an equivalent amount and, to the extent so financed, the Company’s Borrowers’ obligation to make such payment shall be discharged and replaced by the resulting Base Rate ABR Revolving Credit Loan Borrowing. If the Company fails Borrowers fail to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrowers in respect thereof thereof, and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyBorrowers, in the same manner as provided in Section 2.05 2.07 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.07 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrowers pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such Issuing LenderBank, then to such Lenders and such Issuing Lender Bank, as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Revolving Loans as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrowers of its their obligation to reimburse such LC Disbursement.

Appears in 3 contracts

Samples: Credit Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Credit Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Credit Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)

Reimbursement. If an any Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on (i) the Business Day date that such LC Disbursement is made, if the Company receives Borrower shall have received notice of such LC Disbursement, if such notice is received Disbursement prior to 10:00 a.m., New York City time, or (ii) on such date, or, if such notice has not been received by the Borrower prior to such time on such date, then not later than 12:00 noon, New York City time, on the Business Day immediately following the day that the Company Borrower receives such notice, if such notice is not received prior to such time, time on the day of receipt; provided that, if such LC Disbursement is not less than $500,000, that the Company Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 that such payment be financed with a Base Rate Revolving Credit Loan an ABR Borrowing in an equivalent amount and, to the extent so financed, the CompanyBorrower’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan ABR Borrowing. If the Company Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrower in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyBorrower, in the same manner as provided in Section 2.05 2.04 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.04 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective applicable Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective applicable Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such Issuing LenderBank, then to such Lenders and such Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an any Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Loans as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrower of its obligation to reimburse such LC Disbursement.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Block, Inc.), Revolving Credit Agreement (Square, Inc.), Security Agreement (Square, Inc.)

Reimbursement. If an the Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrowers, jointly and severally, shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on (i) the Business Day immediately following the date that such LC Disbursement is made, if the Company receives Borrowers shall have received notice of such LC DisbursementDisbursement on the date that such LC Disbursement is made, or, if such notice is has not been received prior to 10:00 a.m.by the Borrowers on such date, then not later than 12:00 noon, New York City time, or (ii) on the Business Day immediately following the day date that the Company receives Borrowers receive such notice, if such notice is not received prior to such time, ; provided that, if such LC Disbursement is not less than $500,0001,000,000, the Company applicable Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.02 or Section 2.03 that such payment be financed with a Base Rate Revolving Credit Loan an ABR Borrowing in an equivalent amount and, to the extent so financed, the Company’s Borrowers’ obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan ABR Borrowing. If the Company fails Borrowers fail to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrowers in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyBorrowers, in the same manner as provided in Section 2.05 2.03 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.03 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company a Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such the Issuing LenderBank, then to such Lenders and such the Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an the Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Borrowings as contemplated above) shall not constitute a Loan and shall not relieve the Company any Borrower of its obligation to reimburse such LC Disbursement.

Appears in 3 contracts

Samples: Credit Agreement (Weatherford International LTD), Credit Agreement (Weatherford International LTD), Credit Agreement (Weatherford International LTD)

Reimbursement. If an the Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon3:00 p.m., New York City time, on (i) the Business Day date that such LC Disbursement is made, if the Company receives Borrower shall have received notice of such LC Disbursement, if such notice is received Disbursement prior to 10:00 a.m., New York City time, or (ii) on such date, or, if such notice has not been received by the Borrower prior to such time on such date, then not later than 3:00 p.m., New York City time, on the Business Day immediately following the day date that the Company Borrower receives such notice, if such notice is not received prior to such time, ; provided that, if such LC Disbursement is not less than $500,000, that the Company mayBorrower shall, subject to the conditions to borrowing Borrowing set forth herein, be deemed to have requested, and the Borrower does hereby request in accordance with Section 2.03 under such circumstances, that such payment be financed with a Base Rate Revolving Credit Loan an ABR Borrowing in an equivalent amount and, to the extent so financed, the CompanyBorrower’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan ABR Borrowing. If the Company Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrower in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyBorrower, in the same manner as provided in Section 2.05 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrower pursuant to this paragraphSection 2.08(e), the Administrative Agent shall distribute such payment to the respective Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph Section 2.08(e) to reimburse such the Issuing LenderBank, then to such Lenders and such the Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph Section 2.08(e) to reimburse an the Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Loans as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrower of its obligation to reimburse such LC Disbursement.

Appears in 3 contracts

Samples: Credit Agreement (Chord Energy Corp), Credit Agreement (Oasis Petroleum Inc.), Credit Agreement (Oasis Petroleum Inc.)

Reimbursement. If an Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Issuing Bank, with notice of such payment given to the Administrative Agent Agent, an amount equal to such LC Disbursement in the same currency as the LC Disbursement not later than 12:00 noon4:00 p.m., New York City time, on (i) the Business Day that the Company receives notice of such LC Disbursement, if such notice is received prior to 10:00 a.m., New York City time, or (ii) the Business Day immediately following the day that the Company Borrower receives notice of such notice, if such notice is not received prior to such time, LC Disbursement; provided that, if such LC Disbursement is not less than $500,0001,000,000, the Company Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 or Section 2.04 that such payment be financed with a Base Rate an ABR Revolving Credit Loan Borrowing or a Swingline Loan, in each case in an equivalent amount amount, and, to the extent so financed, the CompanyBorrower’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate ABR Revolving Credit Loan BorrowingBorrowing or Swingline Loan. If the Company Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrower in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyBorrower, in dollars and in the same manner as provided in Section 2.05 2.06 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.06 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit LendersLenders pursuant to this paragraph), and the Administrative Agent shall promptly pay remit to the respective applicable Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective applicable Issuing Lender Bank in dollars or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such Issuing LenderBank, then to such Revolving Lenders and such Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an any Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Revolving Loans or a Swingline Loan as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrower of its obligation to reimburse such LC Disbursement.

Appears in 3 contracts

Samples: Credit Agreement (Sinclair Broadcast Group Inc), Credit Agreement (Sinclair Broadcast Group Inc), Credit Agreement (Sinclair Broadcast Group Inc)

Reimbursement. If an Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to the Dollar Equivalent of such LC Disbursement not later than 12:00 noon, New York City time, on (i) the Business Day that the Company receives notice of such LC Disbursement, if such notice is received prior to 10:00 a.m., New York City time, or (ii) the Business Day immediately following the day that the Company Borrower receives such notice, if such notice is not received prior to such timetime on the day of receipt; provided, provided that, if such LC Disbursement is not less than $500,000, the Company Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 or 2.04 that such payment be financed with a Base Rate Revolving Credit Loan an ABR Borrowing in an equivalent amount and, to the extent so financed, the CompanyBorrower’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan ABR Borrowing. If the Company Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrower in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyBorrower, in the same manner as provided in Section 2.05 2.07 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.07 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective applicable Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective applicable Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such Issuing LenderBank, then to such Lenders and such Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an any Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Loans as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrower of its obligation to reimburse such LC Disbursement.

Appears in 3 contracts

Samples: Credit Agreement (Integral Ad Science Holding Corp.), Credit Agreement (Integral Ad Science Holding Corp.), Credit Agreement (Datto Holding Corp.)

Reimbursement. If an the Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on (i) the Business Day immediately after the Business Day that the Company Borrower receives notice of such LC Disbursement, if such notice is received prior to 10:00 a.m.5:00 p.m., New York City time, on the day of receipt, or (ii) the Business Day immediately following the day that the Company Borrower receives such notice, if such notice is not received prior to such time, time on the day of receipt; provided that, if such LC Disbursement is not less than $500,000, that the Company Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 or Section 2.05 that such payment be financed with a Base Rate an ABR Revolving Credit Borrowing or Swingline Loan Borrowing in an equivalent amount and, to the extent so financed, the CompanyBorrower’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate ABR Revolving Credit Loan BorrowingBorrowing or Swingline Loan. If the Company Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrower in respect thereof thereof, and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyBorrower, in the same manner as provided in Section 2.05 2.07 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.07 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such the Issuing LenderBank, then to such Lenders and such the Issuing Lender Bank, as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an the Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Revolving Loans or a Swingline Loan as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrower of its obligation to reimburse such LC Disbursement.

Appears in 3 contracts

Samples: Credit Agreement (Planet Fitness, Inc.), Credit Agreement (Planet Fitness, Inc.), Assignment and Assumption (Planet Fitness, Inc.)

Reimbursement. If an the Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrowers shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on (a) (i) the Business Day that the Company Borrower Representative receives notice of such LC Disbursement, if such notice is received prior to 10:00 a.m., New York City time, on the day of receipt, or (ii) the Business Day immediately following the day that the Company Borrower Representative receives such notice, if such notice is not received prior to such time, after 10:00 a.m. New York time on the day of receipt; provided that, if such LC Disbursement is not less than $500,000, that the Company Borrowers may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 or 2.05 that such payment be financed with a Base Rate Revolving Credit an ABR Borrowing or Swingline Loan Borrowing in an equivalent amount and, to the extent so financed, the Company’s Borrowers’ obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan BorrowingABR Borrowing or Swingline Loan. If the Company fails Borrowers fail to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrowers in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyBorrowers, in the same manner as provided in Section 2.05 2.07 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.07 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrowers pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such the Issuing LenderBank, then to such Lenders and such the Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an the Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Revolving Loans or a Swingline Loan as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrowers of its their obligation to reimburse such LC Disbursement.

Appears in 2 contracts

Samples: Credit Agreement (CSS Industries Inc), Credit Agreement (CSS Industries Inc)

Reimbursement. If an any Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the U.S. Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon1:00 p.m., New York City time, on (i) the Business Day date that such LC Disbursement is made, if the Company receives shall have received notice of such LC Disbursement, if such notice is received Disbursement prior to 10:00 a.m., New York City time, or (ii) on such date, or, if such notice has not been received by the Company prior to such time on such date, then not later than 1:00 p.m., New York City time, on the Business Day immediately following the day that the Company receives such notice, if such notice is not received prior to such time, ; provided that, if such LC Disbursement is not less than $500,000US$10,000, the Company may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 or 2.04 that such payment be financed with a Base Rate an ABR U.S. Revolving Credit Borrowing or Swingline Loan Borrowing in an equivalent amount and, to the extent so financed, the Company’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate ABR U.S. Revolving Credit Loan BorrowingBorrowing or Swingline Loan. If the Company fails to make such payment when due, the U.S. Administrative Agent shall notify each Revolving Credit U.S. Lender of the applicable LC Disbursement, the payment then due from the Company in respect thereof and such Revolving Credit U.S. Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit U.S. Lender shall pay to the U.S. Administrative Agent its Applicable Percentage of the payment then due from the Company, in the same manner as provided in Section 2.05 2.06 with respect to U.S. Revolving Credit Loans made by such U.S. Lender (and Section 2.05 2.06 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit U.S. Lenders), and the U.S. Administrative Agent shall promptly pay to the respective applicable Issuing Lender Bank the amounts so received by it from the Revolving Credit U.S. Lenders. Promptly following receipt by the U.S. Administrative Agent of any payment from the Company pursuant to this paragraph, the U.S. Administrative Agent shall distribute such payment to the respective applicable Issuing Lender Bank or, to the extent that the Revolving Credit U.S. Lenders have made payments pursuant to this paragraph to reimburse such the applicable Issuing LenderBank, then to such U.S. Lenders and such Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit U.S. Lender pursuant to this paragraph to reimburse an Issuing Lender Bank for any LC Disbursement (other than the funding of ABR U.S. Revolving Loans or a Swingline Loan as contemplated above) shall not constitute a U.S. Revolving Loan and shall not relieve the Company of its obligation to reimburse such LC Disbursement.

Appears in 2 contracts

Samples: Credit Agreement (Sysco Corp), Credit Agreement (Sysco Corp)

Reimbursement. If an Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of CreditCredit issued by it, the Company applicable obligor Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on the date that such LC Disbursement is made, if such Borrower shall have received notice of such LC Disbursement prior to 10:00 a.m., New York City time, on such date, or, if such notice has not been received by such Borrower prior to such time on such date, then not later than 12:00 noon, New York City time, on (i) the Business Day that the Company such Borrower receives notice of such LC Disbursementnotice, if such notice is received prior to 10:00 a.m., New York City time, on the day of receipt, or (ii) the Business Day immediately following the day that the Company such Borrower receives such notice, if such notice is not received prior to such time, time on the day of receipt; provided that, if such LC Disbursement is not less than $500,000, the Company may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 that such payment be financed with a Base Rate Revolving Credit Loan Borrowing in an equivalent amount and, to the extent so financedfinanced with proceeds of an ABR Borrowing as contemplated by the following sentence, the Companysuch Borrower’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan ABR Borrowing. If Unless the Company, on its own behalf or on behalf of the applicable Pipeline Company fails Borrower, shall have notified the Administrative Agent of such Borrower’s intention to make reimburse the Administrative Agent directly for such payment when dueLC Disbursement, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company such Borrower in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit applicable Lender shall pay to make an ABR Loan in the Administrative Agent amount of its Applicable Percentage of the payment then due from the Companyapplicable Borrower, in the same manner as provided in Section 2.05 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit applicable Lenders), and the Administrative Agent shall promptly pay to the respective applicable Issuing Lender Bank the amounts so received by it from the Revolving Credit such Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company a Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective applicable Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such Issuing LenderBank, then to such the Lenders and such Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Third Amended and Restated Credit Lender pursuant to this paragraph to reimburse an Issuing Lender for any LC Disbursement shall not constitute a Loan and shall not relieve the Company of its obligation to reimburse such LC Disbursement.Agreement

Appears in 2 contracts

Samples: Credit Agreement (El Paso Natural Gas Co), Credit Agreement (Tennessee Gas Pipeline Co)

Reimbursement. If an the Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrowers shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon11:00 a.m., New York City Chicago time, on (i) the Business Day that the Company Borrower Representative receives notice of such LC Disbursement, if such notice is received prior to 10:00 9:00 a.m., New York City Chicago time, on the day of receipt, or (ii) the Business Day immediately following the day that the Company Borrower Representative receives such notice, if such notice is not received prior to such after 9:00 a.m., Chicago time, on the day of receipt; provided that, if such LC Disbursement is not less than $500,000, that the Company Borrowers may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 that such payment be financed with a Base Rate an ABR Revolving Credit Loan Borrowing in an equivalent amount and, to the extent so financed, the Company’s Borrowers’ obligation to make such payment shall be discharged and replaced by the resulting Base Rate ABR Revolving Credit Loan Borrowing. If the Company fails Borrowers fail to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrowers in respect thereof thereof, and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyBorrowers, in the same manner as provided in Section 2.05 2.07 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.07 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrowers pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such the Issuing LenderBank, then to such Lenders and such the Issuing Lender Bank, as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an the Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Revolving Loans as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrowers of its their obligation to reimburse such LC Disbursement.

Appears in 2 contracts

Samples: Credit Agreement (Escalade Inc), Credit Agreement (Escalade Inc)

Reimbursement. If an Issuing Lender Bank shall make any LC Letter of Credit Disbursement in respect of a Letter of Credit, the Company shall reimburse such Issuing Lender in respect Letter of such LC Credit Disbursement by paying to the Administrative Agent an amount equal to such LC Letter of Credit Disbursement not later than 12:00 noon2:30 p.m., New York City time, on the date that such Letter of Credit Disbursement is made, if Company shall have received notice of such Letter of Credit Disbursement prior to 10:00 a.m., New York City time, on such date, or, if such notice has not been received by Company prior to such time on such date, then not later than 2:30 p.m., New York City time, on (i) the Business Day that the Company receives notice of such LC Disbursementnotice, if such notice is received prior to 10:00 a.m., New York City time, on the day of receipt, or (ii) the Business Day immediately following the day that the Company receives such notice, if such notice is not received prior to such timetime on the day of receipt; provided, provided that, if such LC Disbursement is not less than $500,000, the Company may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 2.3 or Section 2.5 that such payment be financed with a Revolving Loan that is a Base Rate Revolving Credit Loan Borrowing or a Swing Line Loan in an equivalent amount and, to the extent so financed, the Company’s 's obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan Borrowingor Swing Line Loan. If the Company fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Letter of Credit Disbursement, the payment then due from the Company in respect thereof and such Revolving Credit Lender’s Applicable Percentage 's Pro Rata Share thereof. Promptly following Following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage Pro Rata Share of the payment then due from the Company, in the same manner as provided in Section 2.05 2.5 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.5 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such Issuing LenderBank, then to such Lenders and such Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an Issuing Lender Bank for any LC Letter of Credit Disbursement (other than the funding of Revolving Loans as contemplated above) shall not constitute a Loan and shall not relieve the Company of its obligation to reimburse such LC Letter of Credit Disbursement.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Berry Plastics Corp), Credit and Guaranty Agreement (BPC Holding Corp)

Reimbursement. If an the applicable Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrowers shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on (i) the Business Day that the Company receives notice of such LC Disbursement, if such notice is received prior to 10:00 a.m., New York City time, or (ii) the Business Day immediately following the day that date the Company Borrower Agent receives such notice, if such notice is not received prior to such time, provided that, if of such LC Disbursement is not less than $500,000, under paragraph (g) of this Section 2.06; provided that the Company Borrower Agent may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 or 2.05 that such payment be financed with a Base Rate an ABR Revolving Credit Borrowing or Swingline Loan Borrowing in an equivalent amount and, to the extent so financed, the Company’s Borrowers’ obligation to make such payment shall be discharged and replaced by the resulting Base Rate ABR Revolving Credit Loan BorrowingBorrowing or Swingline Loan. If the Company fails Borrowers fail to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrowers in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyBorrowers, in the same manner as provided in Section 2.05 2.07 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.07 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective applicable Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrowers pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective applicable Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such Issuing LenderBank, then to such Lenders and such Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an Issuing Lender for any LC Disbursement shall not constitute a Loan and shall not relieve the Company of its obligation to reimburse such LC Disbursement.

Appears in 2 contracts

Samples: Credit Agreement (Northern Tier Energy LP), Credit Agreement (American Tire Distributors Holdings, Inc.)

Reimbursement. If an the Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on (i) the Business Day date that such LC Disbursement is made, if the Company receives Borrower shall have received notice of such LC Disbursement, if such notice is received Disbursement prior to 10:00 11:00 a.m., New York City time, on such date, or (ii) if such notice has not been received by the Borrower prior to such time on such date, then not later than 12:00 noon, New York City time, on the Business Day immediately following the day that the Company Borrower receives such notice, if such notice is not received prior to such time, provided that, if such LC Disbursement is not less than $500,000, the Company may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 that such payment be financed with a Base Rate Revolving Credit Loan Borrowing in an equivalent amount and, to the extent so financed, the Company’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan Borrowing. If the Company Borrower fails to make such payment under this paragraph when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrower in respect thereof and such Revolving Credit Lender’s Applicable 's Commitment Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Commitment Percentage of the payment then due from the CompanyBorrower, in the same manner as provided in Section 2.05 with respect to Revolving Credit Loans made by such Lender 2.3 (and Section 2.05 2.3 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such the Issuing LenderBank, then to such Lenders and such the Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an the Issuing Lender Bank for any LC Disbursement (other than the funding of a Loan as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrower of its obligation to reimburse such LC Disbursement.

Appears in 2 contracts

Samples: Credit Agreement (Urstadt Biddle Properties Inc), Assignment and Assumption Agreement (Urstadt Biddle Properties Inc)

Reimbursement. If an the Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement in the currency in which it is denominated not later than 12:00 noon4:00 P.M., New York City time, on (i) the Business Day that the Company receives notice of such LC Disbursement, if such notice is received prior to 10:00 a.m., New York City time, or (ii) the Business Day immediately following the day that the Company Borrower receives such notice, if such notice is not received prior to such time, provided that, if of such LC Disbursement is not less than $500,000, Disbursement; provided that the Company Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section Sections 2.03 or 2.04 that such payment be financed with a Base Rate Swingline Loan or a Revolving Credit Loan Borrowing (which, if the LC Disbursement is denominated in an Available Currency, may be denominated in Available Currency), in each case, in an equivalent amount and, to the extent so financed, the CompanyBorrower’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan BorrowingBorrowing or Swingline Loan. If the Company Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender in writing of the applicable LC Disbursement, the Dollar Amount of the payment then due from the Company Borrower in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent in Dollars its Applicable Percentage of the Dollar Amount of the payment then due from the CompanyBorrower, in the same manner as provided in Section 2.05 2.06 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.06 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such the Issuing LenderBank, then to such Lenders and such the Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an the Issuing Lender Bank for any LC Disbursement (other than the funding of Revolving Loans or a Swingline Loan as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrower of its obligation to reimburse such LC Disbursement. After receipt of any payments from the Revolving Lenders under this paragraph, the Borrower’s obligation to reimburse such LC Disbursement, if originally denominated in an Available Currency, shall convert to a Dollar denominated obligation in a Dollar Amount calculated as of date the payments by the Revolving Lenders are received and any future payments by the Borrower in respect thereof shall be made in Dollars.

Appears in 2 contracts

Samples: Credit Agreement (IHS Markit Ltd.), Credit Agreement (IHS Markit Ltd.)

Reimbursement. If an the Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Altair Engineering shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon11:00 a.m., New York City eastern time, on (i) the Business Day that the Company Altair Engineering receives notice of such LC Disbursement, if such notice is received prior to 10:00 a.m., New York City eastern time, on the day of receipt, or (ii) the Business Day immediately following the day that the Company Altair Engineering receives such notice, if such notice is not received prior to such after 10:00 a.m., eastern time, on the day of receipt; provided that, if such LC Disbursement is not less than $500,000, the Company that Altair Engineering may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 or 2.05 that such payment be financed with a Base Rate CBFR Revolving Credit Borrowing or Swingline Loan Borrowing in an equivalent amount and, to the extent so financed, the CompanyAltair Engineering’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate CBFR Revolving Credit Loan BorrowingBorrowing or Swingline Loan. If the Company Altair Engineering fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Altair Engineering in respect thereof thereof, and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyAltair Engineering, in the same manner as provided in Section 2.05 2.07 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.07 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Altair Engineering pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such the Issuing LenderBank, then to such Lenders and such the Issuing Lender Bank, as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an the Issuing Lender Bank for any LC Disbursement (other than the funding of CBFR Revolving Loans or a Swingline Loan as contemplated above) shall not constitute a Loan and shall not relieve the Company Altair Engineering of its obligation to reimburse such LC Disbursement.

Appears in 2 contracts

Samples: Credit Agreement (Altair Engineering Inc.), Assignment and Assumption (Altair Engineering Inc.)

Reimbursement. If an the Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrowers shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon11:00 a.m., New York City Pacific time, on (a) (i) the Business Day that the Company Borrower Representative receives notice of such LC Disbursement, if such notice is received prior to 10:00 9:00 a.m., New York City Pacific time, on the day of receipt, or (ii) the Business Day immediately following the day that the Company Borrower Representative receives such notice, if such notice is not received prior to such time, after 9:00 a.m. Pacific time on the day of receipt; provided that, if such LC Disbursement is not less than $500,000, that the Company Borrowers may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 or 2.05 that such payment be financed with a Base Rate an ABR Revolving Credit Borrowing or Swingline Loan Borrowing in an equivalent amount and, to the extent so financed, the Company’s Borrowers’ obligation to make such payment shall be discharged and replaced by the resulting Base Rate ABR Revolving Credit Loan BorrowingBorrowing or Swingline Loan. If the Company fails Borrowers fail to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrowers in respect thereof and such Revolving Credit Lender’s 's Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyBorrowers, in the same manner as provided in Section 2.05 2.07 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.07 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrowers pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such the Issuing LenderBank, then to such Lenders and such the Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an the Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Revolving Loans or a Swingline Loan as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrowers of its their obligation to reimburse such LC Disbursement.

Appears in 2 contracts

Samples: Credit Agreement (Cricut, Inc.), Credit Agreement (Cricut, Inc.)

Reimbursement. If an Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount (in the applicable currency) equal to such LC Disbursement not later than 12:00 p.m. (noon), New York City time, on (i) the Business Day that the Company receives notice of such LC Disbursement, if such notice is received prior to 10:00 a.m., New York City time, or (ii) the Business Day immediately following the day that the Company Borrower receives such notice, if such notice is not received prior to such timetime on the day of receipt; provided, provided that, if such LC Disbursement is not less than $500,000, the Company Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 or 2.04 that such payment be financed with a Base Rate Revolving Credit an ABR Borrowing or Swingline Loan Borrowing in an equivalent amount equal to such payment and, to the extent so financed, the CompanyBorrower’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan BorrowingABR Borrowing or Swingline Loan. If the Company Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrower in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the Company, Borrower in the same manner as provided in Section 2.05 2.07 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.07 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective applicable Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective applicable Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such Issuing LenderBank, then to such Lenders and such Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an any Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Loans or a Swingline Loan as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrower of its obligation to reimburse such LC Disbursement.

Appears in 2 contracts

Samples: Credit Agreement (Flywire Corp), Credit Agreement (Flywire Corp)

Reimbursement. If an the Issuing Lender shall make Bank makes any LC Disbursement payment in respect of a any Letter of Credit, the Company Borrowers shall reimburse such Issuing Lender in respect of such LC Disbursement payment by paying to the Administrative Agent Issuing Bank an amount equal to such LC Disbursement amount paid by the Issuing Bank under any Letter of Credit not later than 12:00 noon1:00 p.m. (New York, New York City time, ) on (i) the Business Day that the Company Borrower Representative receives a notice of such LC Disbursementpayment by the Issuing Bank in respect of any Letter of Credit, if such notice is received prior to 10:00 a.m.11:00 a.m. (New York, New York City time), on the day of receipt, or (ii) the Business Day immediately following the day that the Company Borrower Representative receives a notice of such noticepayment by the Issuing Bank in respect of any Letter of Credit, if such notice is not received prior to such timetime on the day of receipt; provided, provided that, if with respect to any such LC Disbursement is not less than $500,000payment owing by the Borrowers prior to the Revolving Commitment Termination Date, the Company Borrowers may, subject to the conditions to borrowing a Revolving Advance set forth hereinherein request, request in accordance with Section 2.03 2.02, request that such payment be financed with a Base Rate Revolving Credit Loan Borrowing Advance in an equivalent amount and, to the extent so financed, the Company’s Borrowers’ obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Advance. In the event the Issuing Bank makes a payment pursuant to a request for draw presented under a Letter of Credit Loan Borrowing. If and such payment is not promptly reimbursed by the Company fails Borrowers as set forth above, the Issuing Bank shall give the Administrative Agent notice of the Borrowers’ failure to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the Company, in the same manner as provided in Section 2.05 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), reimbursement and the Administrative Agent shall promptly pay notify each Lender of the amount necessary to reimburse the Issuing Bank. Upon such notice from the Administrative Agent, each Lender shall promptly reimburse the Issuing Bank for such Lender’s Pro Rata Share of such amount, and such reimbursement shall be deemed for all purposes of this Agreement to be a Revolving Advance to the respective Borrowers transferred at the Borrower Representative’s request to the Issuing Bank. If such reimbursement is not made by any Lender to the amounts so received by it from Issuing Bank on the Revolving Credit Lenders. Promptly following receipt same day on which the Administrative Agent notifies such Lender to make reimbursement to the Issuing Bank hereunder, such Lender shall pay interest on its Pro Rata Share thereof to the Issuing Bank at a rate per annum equal to a rate determined by the Administrative Agent of any payment from the Company pursuant to this paragraphin accordance with banking industry rules on interbank compensation. Each Borrower hereby unconditionally and irrevocably authorizes, empowers, and directs the Administrative Agent shall distribute and the Lenders to record and otherwise treat such payment reimbursements to the respective Issuing Lender or, Bank as Base Rate Advances under a Borrowing requested by the Borrowers to reimburse the Issuing Bank which have been transferred to the extent that Issuing Bank at the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such Issuing Lender, then to such Lenders and such Issuing Lender as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an Issuing Lender for any LC Disbursement shall not constitute a Loan and shall not relieve the Company of its obligation to reimburse such LC DisbursementBorrowers’ request.

Appears in 2 contracts

Samples: Credit Agreement (CorEnergy Infrastructure Trust, Inc.), Credit Agreement (CorEnergy Infrastructure Trust, Inc.)

Reimbursement. If an the Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon11:00 a.m., New York City time, on (i) the Business Day that the Company Borrower receives notice of such LC Disbursement, if such notice is received prior to 10:00 9:00 a.m., New York City time, on the day of receipt, or (ii) the Business Day immediately following the day that the Company Borrower receives such notice, if such notice is not received prior to such after 9:00 a.m., New York City time, on the day of receipt; provided that, if such LC Disbursement is not less greater than or equal to $500,0001,000,000, the Company Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 that such payment be financed with a Base Rate Revolving Credit Loan an ABR Borrowing in an equivalent amount and, to the extent so financed, the CompanyBorrower’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan ABR Borrowing. If the Company Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrower in respect thereof thereof, and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyBorrower, in the same manner as provided in Section 2.05 2.07 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.07 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such the Issuing LenderBank, then to such Lenders and such the Issuing Lender Bank, as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an the Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Loans as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrower of its obligation to reimburse such LC Disbursement.

Appears in 2 contracts

Samples: Credit Agreement (Clear Secure, Inc.), Credit Agreement (Clear Secure, Inc.)

Reimbursement. If an the Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon1:00 p.m., New York City eastern time, on (i) the Business Day that the Company Borrower receives notice of such LC Disbursement, if such notice is received prior to 10:00 9:00 a.m., New York City eastern time, on the day of receipt, or (ii) the Business Day immediately following the day that the Company Borrower receives such notice, if such notice is not received prior to such after 9:00 a.m., eastern time, on the day of receipt; provided that, if such LC Disbursement is not less than $500,000, that the Company Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 that such payment be financed with a Base Rate an ABR Revolving Credit Loan Borrowing in an equivalent amount and, to the extent so financed, the CompanyBorrower’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate ABR Revolving Credit Loan Borrowing. If the Company Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrower in respect thereof thereof, and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyBorrower, in the same manner as provided in Section 2.05 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such the Issuing LenderBank, then to such Lenders and such the Issuing Lender Bank, as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an the Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Revolving Loans as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrower of its obligation to reimburse such LC Disbursement.

Appears in 2 contracts

Samples: Credit Agreement (Fiesta Restaurant Group, Inc.), Credit Agreement (Fiesta Restaurant Group, Inc.)

Reimbursement. If an the Issuing Lender Bank shall make any LC DC Disbursement in respect of a Letter of Documentary Credit, the Company Borrower shall reimburse such Issuing Lender in respect of such LC DC Disbursement by paying to the Administrative Agent an amount equal to such LC DC Disbursement not later than 12:00 noon, New York City time, on (i) the date that is two Business Day that Days after such DC Disbursement is made, if the Company receives Borrower shall have received notice of such LC Disbursement, if such notice is received DC Disbursement prior to 10:00 a.m., New York City time, or (ii) on such date, or, if such notice has not been received by the Borrower prior to such time on such date, then not later than 12:00 noon, New York City time, on the Business Day immediately following the day that the Company Borrower receives such notice, if such notice is not received prior to such time, time on the day of receipt; provided that, if such LC Disbursement is not less than $500,000, that the Company Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 2.3 or 2.5 that such payment be financed with a Base Rate Revolving Credit Loan Borrowing in an equivalent amount and, to the extent so financed, the CompanyBorrower’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan BorrowingBorrowing Loan. If the Company Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC DC Disbursement, the payment then due from the Company Borrower in respect thereof and such Revolving Credit Lender’s Applicable Revolving Loan Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Revolving Loan Percentage of the payment then due from the CompanyBorrower, in the same manner as provided in Section 2.05 2.5 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.5 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such the Issuing LenderBank, then to such Revolving Lenders and such the Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an the Issuing Lender Bank for any LC DC Disbursement (other than the funding of Base Rate Revolving Loans as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrower of its obligation to reimburse such LC DC Disbursement.

Appears in 2 contracts

Samples: Credit Agreement (Micron Technology Inc), Credit Agreement (Micron Technology Inc)

Reimbursement. If an Issuing Lender any Bank shall make any LC Disbursement in respect of a any Letter of Credit, the Company relevant Subsidiary Account Party shall reimburse such Issuing Lender Bank in respect of any such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon5:00 p.m., New York City time, on (i) the Business Day that the Company receives notice of such LC Disbursement, if such notice is received prior to 10:00 a.m., New York City time, or (ii) the Domestic Business Day immediately following the day that the Company relevant Subsidiary Account Party receives notice of such notice, if such notice is not received prior to such time, LC Disbursement; provided that, if such at any time during the Commitment Availability Period any LC Disbursement is has not less than $500,000been reimbursed by or on behalf of the relevant Subsidiary Account Party prior to the applicable time, the Company mayshall be deemed to have requested a Base Rate Borrowing in an equivalent amount to be disbursed on the Domestic Business Day such reimbursement is due, subject to the conditions to borrowing set forth hereinin Section 3.01 (other than receipt of a Notice of Borrowing by the Administrative Agent), request in accordance with Section 2.03 that to finance such payment be financed with a Base Rate Revolving Credit Loan Borrowing in an equivalent amount andpayment, and to the extent so financed, the Companyrelevant Subsidiary Account Party’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan Borrowing. If the Company fails to make such payment when due; provided, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the Company, in the same manner as provided in Section 2.05 further that with respect to Revolving Credit Loans made any unreimbursed amount that is not fully refinanced by a Base Rate Borrowing because the conditions set forth in Section 3.01 cannot be satisfied, such Lender unreimbursed amount (together with interest) shall be immediately due and Section 2.05 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt payable by the Administrative Agent of any payment from the Company pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such Issuing Lender, then to such Lenders and such Issuing Lender as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an Issuing Lender for any LC Disbursement shall not constitute a Loan and shall not relieve the Company of its obligation to reimburse such LC Disbursementrelevant Subsidiary Account Party without further demand.

Appears in 2 contracts

Samples: Assignment and Assumption (Equitable Holdings, Inc.), Assignment and Assumption (AXA Equitable Holdings, Inc.)

Reimbursement. If an Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company applicable Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount in the currency of such LC Disbursement equal to such LC Disbursement not later than 12:00 noon, New York City time, on (i) the Business Day date that such LC Disbursement is made, if the Company receives applicable Borrower shall have received notice of such LC Disbursement, if such notice is received Disbursement prior to 10:00 a.m., New York City time, or (ii) on such date, or, if such notice has not been received by the applicable Borrower prior to such time on such date, then not later than 12:00 noon, New York City time, on the Business Day immediately following the day that the Company applicable Borrower receives such notice, if such notice is not received prior to such time, time on the day of receipt; provided that, if such LC Disbursement is not less than $500,000, that the Company applicable Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 1 that such payment be financed with a Base Rate Revolving Credit an ABR Loan Borrowing in an equivalent amount amount, and, to the extent so financed, the Companyapplicable Borrower’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan BorrowingABR Loan. If the Company applicable Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company applicable Borrower in respect thereof and such Revolving Credit Lender’s Applicable Commitment Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Commitment Percentage of the payment then due from the CompanyBorrower, in the same manner as provided in Section 2.05 2.01 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.01 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company applicable Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such Issuing LenderBank, then to such Lenders and such Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Loans as contemplated above) shall not constitute a Loan and shall not relieve the Company applicable Borrower of its obligation to reimburse such LC Disbursement.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Avangrid, Inc.), Revolving Credit Agreement (Avangrid, Inc.)

Reimbursement. If an Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on the date that such LC Disbursement is made, if the Company shall have received notice of such LC Disbursement prior to 10:00 a.m., New York City time, on such date, or, if such notice has not been received by the Company prior to such time on such date, then not later than 12:00 noon, New York City time, on (i) the Business Day that the Company receives notice of such LC Disbursementnotice, if such notice is received prior to 10:00 a.m., New York City time, on the day of receipt, or (ii) the Business Day immediately following the day that the Company receives such notice, if such notice is not received prior to such time, time on the day of receipt; provided that, if such LC Disbursement is not less than $500,0002,000,000, the Company may, subject to the conditions to borrowing set forth herein, request (and if the Company fails to reimburse such LC Disbursement when due the Company shall be deemed to have requested) in accordance with Section 2.03 that such payment be financed with a Base Rate an ABR Revolving Credit Loan Borrowing (and the time for reimbursement of such LC Disbursement shall automatically be extended to the Business Day following such request or deemed request) in an equivalent amount and, to the extent so financed, the Company’s 's obligation to make such payment shall be discharged and replaced by the resulting Base Rate ABR Revolving Credit Loan Borrowing. If the Company fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company in respect thereof and such Revolving Credit Lender’s 's Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the Company, in the same manner as provided in Section 2.05 2.06 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.06 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective applicable Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective applicable Issuing Lender Banks or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such Issuing LenderBank, then to such Lenders and such the Issuing Lender Banks as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Revolving Loans as contemplated above) shall not constitute a Loan and shall not relieve the Company of its obligation to reimburse such LC Disbursement.

Appears in 2 contracts

Samples: Credit Agreement (Labone Inc/), Credit Agreement (Labone Inc/)

Reimbursement. If an Issuing Lender shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon2:00 p.m., New York City time, on the date that such LC Disbursement is made, if the Borrower shall have received notice of such LC Disbursement prior to 10:00 a.m., New York City time, on such date, or, if such notice has not been received by the Borrower prior to such time on such date, then not later than 2:00 p.m., New York City time, on (i) the Business Day that the Company Borrower receives notice of such LC Disbursementnotice, if such notice is received prior to 10:00 a.m., New York City time, on the day of receipt or (ii) the Business Day immediately following the day that the Company Borrower receives such notice, if such notice is not received prior to such time, time on the day of receipt; provided that, if such LC Disbursement is not less than $500,000, that the Company Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 that such payment be financed with a Base Rate Revolving Credit Loan Borrowing in an equivalent amount and, to the extent so financed, the CompanyBorrower’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan BorrowingLoan. If the Company Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrower in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyBorrower, in the same manner as provided in Section 2.05 5.01 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 5.01 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit LendersLenders under this Section 4.01(e)), and the Administrative Agent shall promptly pay to the respective such Issuing Lender the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrower pursuant to this paragraphSection 4.01(e), the Administrative Agent shall distribute such payment to the respective such Issuing Lender or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph Section 4.01(e) to reimburse such Issuing Lender, then to such Lenders and such Issuing Lender as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph Section 4.01(e) to reimburse an any Issuing Lender for any LC Disbursement (other than the funding of Loans as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrower of its obligation to reimburse such LC Disbursement.

Appears in 2 contracts

Samples: Five Year Revolving Credit Agreement (Zimmer Biomet Holdings, Inc.), Year Revolving Credit Agreement (Zimmer Biomet Holdings, Inc.)

Reimbursement. If an the Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 (noon), New York City time, on (i) the Business Day that the Company Borrower receives notice of such LC Disbursement, if such notice is received prior to 10:00 a.m., New York City time, on the day of receipt, or (ii) the Business Day immediately following the day that the Company Borrower receives such notice, if such notice is not received prior to such time, time on the day of receipt; provided that, that ,if such LC Disbursement is not less than $500,0001,000,000, the Company Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 that such payment be financed with a Base Rate an ABR Revolving Credit Loan Borrowing in an equivalent amount and, to the extent so financed, the Company’s Borrower's obligation to make such payment shall be discharged and replaced by the resulting Base Rate ABR Revolving Credit Loan Borrowing. If the Company Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender Bank of the applicable LC Disbursement, the payment then due from the Company Borrower in respect thereof and such Revolving Credit Lender’s Bank's Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender Bank shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyBorrower, in the same manner as provided in Section 2.05 2.02 with respect to Revolving Credit Loans made by such Lender Bank (and Section 2.05 2.02 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit LendersBanks), and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit LendersBanks. Promptly following receipt by the Administrative Agent of any payment from the Company Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender Bank or, to the extent that the Revolving Credit Lenders Banks have made payments pursuant to this paragraph to reimburse such the Issuing LenderBank, then to such Lenders Banks and such the Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender Bank pursuant to this paragraph to reimburse an the Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Revolving Loans as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrower of its obligation to reimburse such LC Disbursement.

Appears in 2 contracts

Samples: Credit Agreement (Avista Corp), Avista Corp

Reimbursement. If an the Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement Disbursement, not later than 12:00 noon, New York City time1:00 p.m. Local Time, on (i) the Business Day date that such LC Disbursement is made, if the Company receives shall have received notice of such LC DisbursementDisbursement prior to 11:00 a.m. Local Time, on such date, or, if such notice is has not been received by the Company prior to 10:00 a.m.such time on such date, New York City timethen not later than 1:00 p.m. Local Time, or (ii) on the Business Day immediately following the day that the Company receives such notice, if such notice is not received prior to such time, provided that, if such LC Disbursement is not less than $500,000, time on the Company may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 that such payment be financed with a Base Rate Revolving Credit Loan Borrowing in an equivalent amount and, to the extent so financed, the Company’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan Borrowingday of receipt. If the Company fails to make such payment when duedue then, upon notice from the applicable Issuing Bank to the Company and the Administrative Agent, the Administrative Agent shall notify each Revolving Credit Multicurrency Lender of the applicable LC Disbursement, the payment then due from the Company in respect thereof and such Revolving Credit Lender’s Applicable Percentage Multicurrency Commitment Percentage, thereof. Promptly following receipt of such notice, each Revolving Credit Multicurrency Lender shall pay to the Administrative Agent its Applicable Multicurrency Commitment Percentage of the payment then due from the Company, Company in the same manner as provided in Section 2.05 2.06 with respect to Revolving Credit Loans made by such Multicurrency Lender (and Section 2.05 2.06 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Multicurrency Lenders), and the Administrative Agent shall promptly pay to the respective applicable Issuing Lender Bank the amounts so received by it from the Revolving Credit Multicurrency Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender Bank or, to the extent that the Revolving Credit Multicurrency Lenders have made payments pursuant to this paragraph to reimburse such the Issuing LenderBank, then to such Multicurrency Lenders and such the Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Multicurrency Lender pursuant to this paragraph to reimburse an the Issuing Lender Bank for any LC Disbursement shall not constitute a Loan and shall not relieve the Company of its obligation to reimburse such LC Disbursement.

Appears in 2 contracts

Samples: Five Year Credit Agreement (Edwards Lifesciences Corp), Credit Agreement (Edwards Lifesciences Corp)

Reimbursement. If an the Issuing Lender Bank shall make any LC Disbursement disbursement in respect of a Letter of Credit, the Company shall Borrowers jointly and severally agree to reimburse such Issuing Lender in respect of such LC Disbursement disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement disbursement not later than 12:00 noon, New York City time, on the date that such disbursement is made, if the Borrowers shall have received notice of such disbursement prior to 10:00 a.m., New York City time, on such date, or, if such notice has not been received by the Borrowers prior to such time on such date, then not later than 12:00 noon, New York City time, on (i) the Business Day that the Company receives notice of Borrowers receive such LC Disbursementnotice, if such notice is received prior to 10:00 a.m., New York City time, on the day of receipt, or (ii) the Business Day immediately following the day that the Company receives Borrowers receive such notice, if such notice is not received prior to such time, time on the day of receipt; provided that, if such LC Disbursement is not less than $500,000, that the Company mayBorrowers shall conclusively be deemed, subject to the conditions to borrowing set forth hereinherein (including the conditions stated in Section 3.02), request in accordance with Section 2.03 to have requested that such payment be financed with a an Base Rate Revolving Credit Loan Borrowing Advance in an equivalent amount and, to the extent so financed, the Company’s Borrowers’ obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan BorrowingAdvance. If the Company fails Borrowers fail to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursementdisbursement, the payment then due from the Company Borrowers in respect thereof and such Revolving Credit Lender’s Applicable Percentage Pro Rata Share thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage Pro Rata Share of the payment then due from the CompanyBorrowers, in the same manner as provided in Section 2.05 2.02 with respect to Revolving Credit Loans Advances made by such Lender (and Section 2.05 2.02 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt If such reimbursement is not made by any Lender to the Issuing Bank on the same day on which the Issuing Bank shall have made payment on any such draw, such Lender shall pay interest thereon to the Issuing Bank at a rate per annum equal to the greater of the Federal Funds Effective Rate and a rate determined by the Administrative Agent of any payment from the Company pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such Issuing Lender, then to such Lenders and such Issuing Lender as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an Issuing Lender for any LC Disbursement shall not constitute a Loan and shall not relieve the Company of its obligation to reimburse such LC Disbursementin accordance with banking industry rules on interbank compensation.

Appears in 2 contracts

Samples: Credit Agreement (Total Gas & Electricity (PA) Inc), Credit Agreement (MxEnergy Holdings Inc)

Reimbursement. If an the Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Administrative Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on (i) the Business Day date that such LC Disbursement is made, if the Company receives Administrative Borrower shall have received notice of such LC Disbursement, if such notice is received Disbursement prior to 10:00 a.m., New York City time, or (ii) on such date, or, if such notice has not been received by the Administrative Borrower prior to such time on such date, then not later than 12:00 noon, New York City time, on the Business Day immediately following the day that the Company Administrative Borrower receives such notice, if such notice is not received prior to such time, ; provided that, that if such LC Disbursement is not less than $500,000US$100,000, the Company Administrative Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 2.4 that such payment be financed with a Base Rate an ABR Revolving Credit Loan Borrowing or Swingline Loan, in an equivalent amount (and if such Letter of Credit is issued in an Alternative Currency, the US Dollar Equivalent of such amount) and, to the extent so financed, the CompanyAdministrative Borrower’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate ABR Revolving Credit Loan BorrowingBorrowing or Swingline Loan. If the Company Administrative Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Administrative Borrower in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyAdministrative Borrower, in the same manner as provided in Section 2.05 2.6 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.7 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Administrative Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such the Issuing LenderBank, then to such Lenders and such the Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an the Issuing Lender Bank for any LC Disbursement (other than the NYDOCS/1287812.1 funding of ABR Revolving Loans or a Swingline Loan as contemplated above) shall not constitute a Loan and shall not relieve the Company Administrative Borrower of its obligation to reimburse such LC Disbursement.

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement (Idexx Laboratories Inc /De)

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Reimbursement. If an Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City time4:00 P.M., on (i) the Business Day that the Company receives notice of such LC Disbursement, if such notice is received prior to 10:00 a.m., New York City time, or (ii) the Business Day immediately following the day that the Company Borrower receives such notice, if such notice is not received prior to such time, provided that, if of such LC Disbursement is not less than $500,000, the Company may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 that such payment be financed with a Base Rate Revolving Credit Loan Borrowing in an equivalent amount and, to the extent so financed, the Company’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan BorrowingDisbursement. If the Company Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrower in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyBorrower, in Dollars and in the same manner as provided in Section 2.05 2.2(a) and Section 2.3(a)-(d) and with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.2(a) and Section 2.3(a)-(d) shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit LendersLenders pursuant to this clause (f)), and the Administrative Agent shall promptly pay remit to the respective applicable Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrower pursuant to this paragraphclause (f), the Administrative Agent shall distribute such payment to the respective applicable Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph clause (f) to reimburse such Issuing LenderBank, then to such Revolving Lenders and such Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph clause (f) to reimburse an any Issuing Lender Bank for any LC Disbursement shall not constitute a Loan and shall not relieve the Company Borrower of its obligation to reimburse such LC Disbursement.

Appears in 2 contracts

Samples: Credit Agreement (Cinedigm Corp.), Guaranty Agreement (Cinedigm Corp.)

Reimbursement. If an the Issuing Lender shall make any LC Disbursement in respect of a Letter of Credit, the Company shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on the date that such LC Disbursement is made, if the Company shall have received notice of such LC Disbursement prior to 10:00 a.m., New York City time, on such date, or, if such notice has not been received by the Company prior to such time on such date, then not later than 12:00 noon, New York City time, on (i) the Business Day that the Company receives notice of such LC Disbursementnotice, if such notice is received prior to 10:00 a.m., New York City time, on the day of receipt, or (ii) the Business Day immediately following the day that the Company receives such notice, if such notice is not received prior to such time, time on the day of receipt; provided that, if such LC Disbursement is not less than $500,000100,000, the Company may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 2.01 or 2.06 that such payment be financed with a Base Rate an Revolving Credit Loan Borrowing or a Swingline Loan in an equivalent amount and, to the extent so financed, the Company’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan Borrowingor Swingline Loan. If the Company fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company in respect thereof and such Revolving Credit Lender’s Applicable Percentage Commitment Proportion thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage Commitment Proportion of the payment then due from the Company, in the same manner as provided in Section 2.05 3.11 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 3.11 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such the Issuing Lender, then to such Lenders and such the Issuing Lender as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an the Issuing Lender for any LC Disbursement (other than the funding of an Revolving Credit Loan or a Swingline Loan as contemplated above) shall not constitute a Loan and shall not relieve the Company of its obligation to reimburse such LC Disbursement.

Appears in 2 contracts

Samples: Credit Agreement (Medical Action Industries Inc), Credit Agreement (Medical Action Industries Inc)

Reimbursement. If an Issuing Lender shall make any LC Disbursement in respect of a Letter of CreditThe City shall, the Company shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on (i) the Business Day that the Company receives notice of such LC Disbursement, if such notice is received prior to 10:00 a.m., New York City time, or (ii) the Business Day immediately following the day that the Company receives such notice, if such notice is not received prior to such time, provided that, if such LC Disbursement is not less than $500,000, the Company may, fullest extent permitted by law and subject to the conditions provisions hereof, pay each Holder for the full amount of Indemnified Taxes and Other Taxes including any Indemnified Taxes or Other Taxes imposed by any jurisdiction on amounts payable under this Section 3.01 paid by such Holder or any liability (including penalties, interest and expenses) arising therefrom or with respect thereto, whether or not such Indemnified Taxes or Other Taxes were correctly or legally asserted; provided, that the City shall not be obligated to borrowing set forth hereinpay any Holder for any penalties, request in accordance with Section 2.03 interest or expenses relating to Indemnified Taxes or Other Taxes arising from such Holders’ gross negligence or willful misconduct. Each Holder agrees to give notice to the City of the assertion of any claim against such Holder relating to such Indemnified Taxes or Other Taxes as promptly as is practicable after being notified of such assertion; provided, that such payment be financed with a Base Rate Revolving Credit Loan Borrowing in an equivalent amount and, Holders’ failure to notify the extent so financed, the Company’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan Borrowing. If the Company fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt City promptly of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the Company, in the same manner as provided in Section 2.05 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such Issuing Lender, then to such Lenders and such Issuing Lender as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an Issuing Lender for any LC Disbursement shall not constitute a Loan and assertion shall not relieve the Company City of its obligation under this Section 3.01. Payments by the City pursuant to reimburse this subsection (b) shall be made within thirty (30) days from the date such LC DisbursementHolder makes written demand therefor, which demand shall be accompanied by a certificate describing in reasonable detail the basis thereof. Each Holder agrees to repay to the City any refund (including that portion of any interest that was included as part of such refund) with respect to Taxes or Other Taxes paid by the City pursuant to this Section 3.01 received by such Holder for Indemnified Taxes or Other Taxes that were paid by the City pursuant to this Section 3.01 and to contest, with the cooperation and at the expense of the City, any such Indemnified Taxes or Other Taxes which such Holder or the City reasonably believes not to have been properly assessed.

Appears in 2 contracts

Samples: Note Purchase Agreement, Note Purchase Agreement

Reimbursement. If an the Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon11:00 a.m., New York City Eastern time, on (i) the Business Day that the Company Borrower receives notice of such LC Disbursement, if such notice is received prior to 10:00 9:00 a.m., New York City Eastern time, on the day of receipt, or (ii) the Business Day immediately following the day that the Company Borrower receives such notice, if such notice is not received prior to such after 9:00 a.m., Eastern time, on the day of receipt; provided that, if such LC Disbursement is not less greater than $500,000or equal to the Issuing Bank Sublimit, the Company Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 that such payment be financed with a Base Rate CBFR Revolving Credit Loan Borrowing in an equivalent amount and, to the extent so financed, the CompanyBorrower’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate CBFR Revolving Credit Loan Borrowing. If the Company Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrower in respect thereof thereof, and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyBorrower, in the same manner as provided in Section 2.05 2.07 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.07 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such the Issuing LenderBank, then to such Lenders and such the Issuing Lender Bank, as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an the Issuing Lender Bank for any LC Disbursement (other than the funding of CBFR Revolving Loans as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrower of its obligation to reimburse such LC Disbursement.

Appears in 2 contracts

Samples: Credit Agreement (Roblox Corp), Credit Agreement (Roblox Corp)

Reimbursement. If an Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on (i) the Business Day that the Company receives notice of such LC Disbursement, if such notice is received prior to 10:00 a.m., New York City time, or (ii) the Business Day immediately following the day that the Company Borrower receives such notice, if such notice is not received prior to such timetime on the day of receipt; provided, provided that, if such LC Disbursement is not less than $500,000, the Company Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 that such payment be financed with a Base Rate Revolving Credit Loan an ABR Borrowing in an equivalent amount and, to the extent so financed, the CompanyBorrower’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan ABR Borrowing. If the Company Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrower in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyBorrower, in the same manner as provided in Section 2.05 2.07 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.07 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective applicable Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective applicable Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such Issuing LenderBank, then to such Lenders and such Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an any Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Loans as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrower of its obligation to reimburse such LC Disbursement.

Appears in 2 contracts

Samples: Assignment and Assumption (ExlService Holdings, Inc.), Credit Agreement (ExlService Holdings, Inc.)

Reimbursement. If an the Issuing Lender shall make any LC Disbursement in respect of a Letter of Credit, the Company shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on the date that such LC Disbursement is made, if the Company shall have received notice of such LC Disbursement prior to 10:00 a.m., New York City time, on such date, or, if such notice has not been received by the Company prior to such time on such date, then not later than 12:00 noon, New York City time, on (i) the Business Day that the Company receives notice of such LC Disbursementnotice, if such notice is received prior to 10:00 a.m., New York City time, on the day of receipt, or (ii) the Business Day immediately following the day that the Company receives such notice, if such notice is not received prior to such time, provided that, if such LC Disbursement is not less than $500,000, time on the Company may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 that such payment be financed with a Base Rate Revolving Credit Loan Borrowing in an equivalent amount and, to the extent so financed, the Company’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan Borrowingday of receipt. If the Company fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the Company, in the same manner as provided in Section 2.05 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such the Issuing Lender, then to such Lenders and such the Issuing Lender as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an the Issuing Lender for any LC Disbursement shall not constitute a Loan and shall not relieve the Company of its obligation to reimburse such LC Disbursement.

Appears in 2 contracts

Samples: Credit Agreement (Benchmark Electronics Inc), Credit Agreement (Benchmark Electronics Inc)

Reimbursement. If an the applicable Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company applicable Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent such Issuing Bank an amount equal to such LC Disbursement not later than 12:00 noon2:00 p.m., New York City time, on the date that such LC Disbursement is made, if such Borrower shall have received notice of such LC Disbursement prior to 10:00 a.m., New York City time, on such date, or, if such notice has not been received by such Borrower prior to such time on such date, then not later than 2:00 p.m., New York City time, on (i) the Business Day that the Company such Borrower receives notice of such LC Disbursementnotice, if such notice is received prior to 10:00 a.m., New York City time, on the day of receipt or (ii) the Business Day immediately following the day that the Company such Borrower receives such notice, if such notice is not received prior to such time, time on the day of receipt; provided that, if that such LC Disbursement is not less than $500,000, the Company Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 2.02 that such payment be financed with a Base Rate Revolving Credit Loan Borrowing Advance in an equivalent amount and, to the extent so financed, the Companysuch Borrower’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan BorrowingAdvance. If the Company such Borrower fails to make such payment when due, the applicable Issuing Bank shall notify the Administrative Agent and the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company such Borrower in respect thereof and such Revolving Credit Lender’s Applicable Commitment Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Commitment Percentage of the payment then due from the Companysuch Borrower, in the same manner as provided in Section 2.05 2.02 with respect to Revolving Credit Loans Advances made by such Lender (and Section 2.05 2.02 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective applicable Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders; provided that such Borrower shall remain obligated to pay interest on such LC Disbursement until the applicable Issuing Bank is reimbursed for such LC Disbursement in accordance with subsection (g) of this Section 2.03. Promptly following receipt by the Administrative Agent of any payment from the Company such Borrower pursuant to this paragraphsubsection, the Administrative Agent shall distribute such payment to the respective applicable Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph subsection to reimburse such Issuing LenderBank, then to such Lenders and such Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph subsection to reimburse an the applicable Issuing Lender Bank for any LC Disbursement (including the funding of Revolving Credit Advances as contemplated above) shall not constitute a Loan Revolving Credit Advance and the applicable Borrower shall be deemed to have reimbursed the applicable Issuing Bank as of date of such payment and the Lenders shall be deemed to have extended, and such Borrower shall be deemed to have accepted, a Revolving Credit Advance in the aggregate principal amount of such payment without any further action on the part of any party, provided that if any such payment is not relieve deemed to be the Company funding of its obligation to reimburse a Revolving Credit Advance for any reason, such payment shall constitute the funding of such Lender’s participation in the applicable LC Disbursement.

Appears in 2 contracts

Samples: Subsidiary Guarantee Agreement (Rayonier Inc), Credit Agreement (Rayonier Inc)

Reimbursement. If an the Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon11:00 a.m., New York City Chicago time, on (i) the Business Day that the Company Borrower receives notice of such LC Disbursement, if such notice is received prior to 10:00 9:00 a.m., New York City Chicago time, on the day of receipt, or (ii) the Business Day immediately following the day that the Company Borrower receives such notice, if such notice is not received prior to such after 9:00 a.m., Chicago time, on the day of receipt; provided that, if such LC Disbursement is not less than $500,000, the Company Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 that such payment be financed with a Base Rate Revolving Credit Loan Borrowing in an equivalent amount and, to the extent so financed, the CompanyBorrower’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan Borrowing. If the Company Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrower in respect thereof thereof, and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyBorrower, in the same manner as provided in Section 2.05 2.07 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.07 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such the Issuing LenderBank, then to such Lenders and such the Issuing Lender Bank, as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an the Issuing Lender Bank for any LC Disbursement (other than the funding of Revolving Loans as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrower of its obligation to reimburse such LC Disbursement.

Appears in 2 contracts

Samples: Credit Agreement (Charlotte's Web Holdings, Inc.), Credit Agreement (Charlotte's Web Holdings, Inc.)

Reimbursement. If an the Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of CreditCredit in a Core Currency, the Company applicable Letter of Credit Applicant shall reimburse such LC Disbursement in the Core Currency in which such Letter of Credit is denominated. If the Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit in a Non-Core Currency, the applicable Letter of Credit Applicant shall reimburse such LC Disbursement in Dollars in an amount equal to the Issuing Bank’s all-in cost of funds in Dollars to fund such draft as determined by the Issuing Bank (each a “Dollar Reimbursement Amount”). In connection with each obligation of a Letter of Credit Applicant to pay a Dollar Reimbursement Amount under this Section 2.9(e), the Issuing Bank shall deliver to such Letter of Credit Applicant, the Parent and the Administrative Agent a written statement setting forth such Dollar Reimbursement Amount. The Issuing Bank’s determination of such Dollar Reimbursement Amount shall be conclusive absent manifest error. The Letter of Credit Applicant shall reimburse each such LC Disbursement by paying to the Administrative Agent Issuing Bank at its Applicable Payment Office an amount equal to such LC Disbursement not later than 12:00 noon4:00 p.m. (local time in the city in which such Applicable Payment Office is located) on the date that such LC Disbursement is made, New York City time, on if such Letter of Credit Applicant shall have received written notice (iby hand delivery or telecopy) the Business Day that the Company receives notice of such LC DisbursementDisbursement prior to 12:00 noon (local time in the city in which such Applicable Payment Office is located) on such date, or if such written notice is has not been received prior to 10:00 a.m., New York City time, or (ii) the Business Day immediately following the day that the Company receives by such notice, if such notice is not received Letter of Credit Applicant prior to such timetime on such date, then not later than 4:00 p.m. (local time in the city in which such Applicable Payment Office is located) on the next succeeding Business Day, provided thatthat (A) in addition to such written notice, the officers of the Administrative Agent primarily responsible for the administration of this Agreement shall, promptly after they receive notice that a draft in respect of such LC Disbursement has been presented to the Issuing Bank, use reasonable efforts to notify such Letter of Credit Applicant of such draft by telephone, provided, further, that the failure of such Letter of Credit Applicant to receive any such telephonic notice from the Administrative Agent or any officer thereof shall not in any manner affect such Letter of Credit Applicant’s obligation to reimburse such LC Disbursement in accordance with the terms of this Section, and (B) if such LC Disbursement is not less than $500,0001,000,000 (or the Dollar Equivalent thereof), the Company Parent may, subject to the conditions to of borrowing set forth herein, request in accordance with Section 2.03 2.3 that such payment be financed with a Base Rate Revolving Loan or a Swing Line Loan in the applicable Currency (Dollars in the case of a Letter of Credit Loan Borrowing issued in a Non-Core Currency) in an equivalent amount and, to the extent so financed, the Companyapplicable Letter of Credit Applicant’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan Borrowingor a Swing Line Loan, as applicable. If the Company Parent or the applicable Letter of Credit Applicant fails to make such payment under this subsection when due, the Issuing Bank shall notify the Administrative Agent thereof and the Administrative Agent shall then notify each Revolving Credit applicable Lender of the applicable LC Disbursement, the payment then due from the Company Parent or the applicable Letter of Credit Applicant in respect thereof and such Revolving Credit Lender’s Applicable 's Core Currency Commitment Percentage thereof. Promptly following receipt of such notice, each Revolving Credit applicable Lender shall pay to the Administrative Agent its Applicable Core Currency Commitment Percentage of the payment then due from the CompanyParent or such Letter of Credit Applicant, in the applicable Currency (Dollars in the case of a Letter of Credit issued in a Non-Core Currency) and in the same manner as provided in Section 2.05 2.3 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.3 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Parent or such Letter of Credit Applicant pursuant to this paragraphsubsection, the Administrative Agent shall distribute such payment to the respective Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph subsection to reimburse such the Issuing LenderBank, then to such Lenders and such the Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph subsection to reimburse an the Issuing Lender Bank for any LC Disbursement (other than the funding of Revolving Loans or Swing Line Loans as contemplated above) shall not constitute a Loan and shall not relieve the Company Parent or the applicable Letter of Credit Applicant of its obligation to reimburse such LC Disbursement.

Appears in 2 contracts

Samples: Year Credit Agreement (Tiffany & Co), Year Credit Agreement (Tiffany & Co)

Reimbursement. If an the Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on (i) the Business Day date that such LC Disbursement is made, if the Company receives Borrower shall have received notice of such LC Disbursement, if such notice is received Disbursement prior to 10:00 a.m., New York City time, or (ii) on such date, or, if such notice has not been received by the Borrower prior to such time on such date, then not later than 12:00 noon, New York City time, on the Business Day immediately following the day that the Company Borrower receives such notice, if such notice is not received prior to such time, ; provided that, if such LC Disbursement is not less than $500,000, that the Company Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 or 2.04 that such payment be financed with a Base Rate an ABR Revolving Credit Borrowing or Swingline Loan Borrowing in an equivalent amount and, to the extent so financed, the Company’s Borrower's obligation to make such payment shall be discharged and replaced by the resulting Base Rate ABR Revolving Credit Loan BorrowingBorrowing or Swingline Loan. If the Company Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrower in respect thereof and such Revolving Credit Lender’s 's Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyBorrower, in the same manner as provided in Section 2.05 2.06 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.06 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such the Issuing LenderBank, then to such Lenders and such the Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an the Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Revolving Loans or a Swingline Loan as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrower of its obligation to reimburse such LC Disbursement.

Appears in 2 contracts

Samples: Credit Agreement (American Media Operations Inc), Credit Agreement (American Media Operations Inc)

Reimbursement. If an Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent in Dollars an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on (i) the Business Day that the Company Borrower receives notice of such LC Disbursementnotice, if such notice is received prior to 10:00 a.m., a.m. (New York City time), on the day of receipt or (ii) the Business Day immediately following the day that the Company Borrower receives such notice, if such notice is not received prior to such time, time on the day of receipt; provided that, if such LC Disbursement is not less than $500,000that unless the Borrower elects otherwise, the Company mayBorrower shall be deemed, subject to the conditions to borrowing set forth herein, request to have requested in accordance with Section 2.03 2.2 or 2.3 that such payment be financed with a Revolving Loans that are Base Rate Revolving Credit Loans or, if such amount is less than $1,000,000, Swing Line Loan Borrowing in an equivalent amount of such unreimbursed drawing and, to the extent so financed, the CompanyBorrower’s obligation to make such payment shall be discharged and replaced by the resulting Revolving Loans that are Base Rate Revolving Credit Loan BorrowingLoans or Swing Line Loan. If the Company Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursementdrawing, the payment then due from the Company Borrower in respect thereof and such Revolving Credit Lender’s Applicable Percentage Pro Rata Share thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage Pro Rata Share of the payment then due from the CompanyBorrower, in the same manner as provided in Section 2.05 2.2 with respect to Revolving Credit Loans made by such Revolving Lender (and Section 2.05 2.2 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective relevant Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective relevant Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such Issuing LenderBank, then to such Lenders and such Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an Issuing Lender Bank for any LC Disbursement unreimbursed drawing (other than the funding of Revolving Loans or a Swing Line Loan as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrower of its obligation to reimburse such LC Disbursementdrawing.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Aeroflex Holding Corp.), Credit and Guaranty Agreement (Aeroflex Holding Corp.)

Reimbursement. If an the Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City San Francisco time, on (i) on the Business Day date that such LC Disbursement is made, if the Company receives Borrower shall have received notice of such LC Disbursement, if such notice is received Disbursement prior to 10:00 a.m., New York City San Francisco time, on such disbursement date, or (ii) on the Business Day immediately following the day that the Company Borrower receives such noticenotice of the LC Disbursement , if such notice is not received by the Borrower prior to such 10:00 a.m., San Francisco time, on such date; provided that, if such LC Disbursement is not less than $500,000, that the Company Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 2.3 or Section 2.4 that such payment be financed with a Base Rate Revolving Credit Borrowing or Swingline Loan Borrowing in an equivalent amount and, to the extent so financed, the CompanyBorrower’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan BorrowingBorrowing or Swingline Loan. If the Company Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrower in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyBorrower, in the same manner as provided in Section 2.05 2.6 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such Issuing Lender, then to such Lenders and such Issuing Lender as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an Issuing Lender for any LC Disbursement shall not constitute a Loan and shall not relieve the Company of its obligation to reimburse such LC Disbursement.and

Appears in 2 contracts

Samples: Credit Agreement (Simpson Manufacturing Co Inc /Ca/), Credit Agreement (Simpson Manufacturing Co Inc /Ca/)

Reimbursement. If an the Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrowers shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent Issuing Bank an amount equal to such LC Disbursement not later than 12:00 noon2:00 p.m., New York City time, on (i) the Business Day date that the Company receives such LC Disbursement is made, if Borrowers shall have received notice of such LC Disbursement, if such notice is received Disbursement prior to 10:00 11:00 a.m., New York City time, on such date, or (ii) the Business Day immediately following the day that the Company receives Borrowers receive such notice, if such notice is not received prior to such 11:00 a.m., New York City time, ; provided that, if such LC Disbursement is not less than $500,000, the Company that Borrowers may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 or 2.16 that such payment be financed with a Base Rate an ABR Revolving Credit Borrowing or Swingline Loan Borrowing in an equivalent amount and, to the extent so financed, the Company’s Borrowers’ obligation to make such payment shall be discharged and replaced by the resulting Base Rate ABR Revolving Credit Loan BorrowingBorrowing or Swingline Loan. If the Company fails Borrowers fail to make such payment when due, the Issuing Bank shall notify the Administrative Agent and the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrowers in respect thereof and such Revolving Credit Lender’s Applicable Pro Rata Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Pro Rata Percentage of the payment then due from the Company, unreimbursed LC Disbursement in the same manner as provided in Section 2.05 2.02(f) with respect to Revolving Credit Loans made by such Lender (and Section 2.05 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders)Lender, and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrowers pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender orshall, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse the Issuing Bank, distribute such Issuing Lender, then payment to such Lenders and such the Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an the Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Revolving Loans or a Swingline Loan as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrowers of its their obligation to reimburse such LC Disbursement.

Appears in 2 contracts

Samples: Credit Agreement (Bearingpoint Inc), Control Agreement (Bearingpoint Inc)

Reimbursement. If an Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent in Dollars an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on (i) the Business Day that the Company Borrower receives notice of such LC Disbursementnotice, if such notice is received prior to 10:00 a.m., New York City time, 11:00 a.m. on the day of receipt or (ii) the Business Day immediately following the day that the Company Borrower receives such notice, if such notice is not received prior to such time, time on the day of receipt; provided that, if such LC Disbursement is not less than $500,000that unless the Borrower elects otherwise, the Company mayBorrower shall be deemed, subject to the conditions to borrowing set forth herein, request to have requested in accordance with Section 2.03 or 2.05 that such payment be financed with a Base Rate an ABR Revolving Credit Borrowing or, if such amount is less than $1,000,000, Swingline Loan Borrowing in an equivalent amount of such LC Disbursement and, to the extent so financed, the CompanyBorrower’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate ABR Revolving Credit Loan BorrowingBorrowing or Swingline Loan. If the Company Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrower in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyBorrower, in the same manner as provided in Section 2.05 2.06 with respect to Revolving Credit Loans made by such Revolving Lender (and Section 2.05 2.06 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective relevant Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective relevant Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such Issuing LenderBank, then to such Lenders and such Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Revolving Loans or a Swingline Loan as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrower of its obligation to reimburse such LC Disbursement.

Appears in 2 contracts

Samples: Credit Agreement (Crown Media Holdings Inc), Credit Agreement (Crown Media Holdings Inc)

Reimbursement. If an the Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an the amount equal to of such LC Disbursement, not later than 1:00 p.m., Chicago time, on the date that such LC Disbursement is made, if the Company shall have received notice of such LC Disbursement prior to 11:00 a.m., Chicago time, on such date, or, if such notice has not been received by the Company prior to such time on such date, then not later than 12:00 noon1:00 p.m., New York City Chicago time, on (i) the Business Day that the Company receives notice of such LC Disbursementnotice, if such notice is received prior to 10:00 11:00 a.m., New York City Chicago time, on the day of receipt, or (ii) the Business Day immediately following the day that the Company receives such notice, if such notice is not received prior to such time, time on the day of receipt; provided that, if such LC Disbursement is not less than $500,000, that the Company may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 or 2.05 that such payment be financed with a Base Rate an ABR Revolving Credit Borrowing or Swingline Loan Borrowing in an equivalent the amount of such LC Disbursement and, to the extent so financed, the Company’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate ABR Revolving Credit Loan BorrowingBorrowing or Swingline Loan. If the Company fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company in respect thereof and such Revolving Credit Lender’s Applicable Revolving Credit Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Revolving Credit Percentage of the payment then due from the Company, in the same manner as provided in Section 2.05 2.07 with respect to Revolving Credit Loans made by such Revolving Lender (and Section 2.05 2.07 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such the Issuing LenderBank, then to such Revolving Lenders and such the Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an the Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Revolving Loans or a Swingline Loan as contemplated above) shall not constitute a Loan and shall not relieve the Company of its obligation to reimburse such LC Disbursement.

Appears in 2 contracts

Samples: Credit Agreement (Central Garden & Pet Co), Credit Agreement (Central Garden & Pet Co)

Reimbursement. If an the applicable Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrowers shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to such Issuing Bank (with confirmation of such payment to the Administrative Agent Agent) an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on the date that such LC Disbursement is made, if the Borrowers shall have received notice of such LC Disbursement prior to 10:00 a.m., New York City time, on such date, or, if such notice has not been received by the Borrowers prior to such time on such date, then not later than 12:00 noon, New York City time, on (i) the Business Day that the Company receives notice of Borrowers receive such LC Disbursementnotice, if such notice is received prior to 10:00 a.m., New York City time, on the day of receipt, or (ii) the Business Day immediately following the day that the Company receives Borrowers receive such notice, if such notice is not received prior to such time, time on the date of receipt; provided that, if such LC Disbursement is not less than $500,000100,000, the Company Borrowers may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 that such payment be financed with a Base Rate Revolving Credit Loan Borrowing in an equivalent amount and, to the extent so financed, the Company’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan ABR Borrowing. If the Company fails Borrowers fail to make such payment when duedue and the Issuing Bank has so informed the Administrative Agent, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrowers in respect thereof and such Revolving Credit Lender’s Applicable Percentage 's pro rata (based on its Commitment) portion thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage pro rata (based on its Commitment) portion of the payment then due from the CompanyBorrowers, in the same manner as provided in Section 2.05 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective applicable Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrowers pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective applicable Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such Issuing LenderBank, then to such Lenders and such Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Loans as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrowers of its their obligation to reimburse such LC Disbursement.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Phillips Van Heusen Corp /De/), Phillips Van Heusen Corp /De/

Reimbursement. If an any Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on (i) the Business Day that the Company receives notice of such LC Disbursement, if such notice is received prior to 10:00 a.m., New York City time, or (ii) the Business Day immediately following the day that the Company Borrower receives such notice, if such notice is not received prior to such time, time on the day of receipt; provided that, if such LC Disbursement is not less than $500,000, that the Company Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 or 2.05 that such payment be financed with a Base Rate an ABR Revolving Credit Loan Borrowing in an equivalent amount and, to the extent so financed, the CompanyBorrower’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate ABR Revolving Credit Loan Borrowing. If the Company Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrower in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyBorrower, in the same manner as provided in Section 2.05 2.07 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.07 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective applicable Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective applicable Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such any Issuing LenderBank, then to such Lenders and such Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an any Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Revolving Loans as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrower of its obligation to reimburse such LC Disbursement.

Appears in 2 contracts

Samples: Guaranty Agreement (Macquarie Infrastructure Corp), Guaranty Agreement (Macquarie Infrastructure Co LLC)

Reimbursement. If an the Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount in Dollars the Dollar Amount equal to such LC Disbursement, calculated as of the date the Issuing Bank made such LC Disbursement not later than 12:00 noon, New York City timeLocal Time, on the date that such LC Disbursement is made, if the Company shall have received notice of such LC Disbursement prior to 10:00 a.m., Local Time, on such date, or, if such notice has not been received by the Company prior to such time on such date, then not later than 12:00 noon, Local Time, on (i) the Business Day that the Company receives notice of such LC Disbursementnotice, if such notice is received prior to 10:00 a.m., New York City timeLocal Time, on the day of receipt, or (ii) the Business Day immediately following the day that the Company receives such notice, if such notice is not received prior to such time, time on the day of receipt; provided that, if such LC Disbursement is not less than $500,000, that the Company may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 or 2.05 that such payment be financed with a Base Rate an ABR Revolving Credit Borrowing or Swingline Loan Borrowing in an equivalent amount Dollar Amount of such LC Disbursement and, to the extent so financed, the Company’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate ABR Revolving Credit Loan BorrowingBorrowing or Swingline Loan. If the Company fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the Company, in the same manner as provided in Section 2.05 2.07 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.07 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such the Issuing LenderBank, then to such Lenders and such the Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an the Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Revolving Loans or a Swingline Loan as contemplated above) shall not constitute a Loan and shall not relieve the Company of its obligation to reimburse such LC Disbursement.

Appears in 2 contracts

Samples: Pledge Agreement (Tennant Co), Credit Agreement (Tennant Co)

Reimbursement. If an the Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company and any applicable Subsidiary (if such Letter of Credit was issued for the account of a Subsidiary) shall jointly and severally reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City timeLocal Time, on (i) the Business Day date that such LC Disbursement is made, if the Company receives shall have received notice of such LC Disbursement, if such notice is received Disbursement prior to 10:00 a.m., New York City timeLocal Time, or (ii) on such date, or, if such notice has not been received by the Company prior to such time on such date, then not later than 12:00 noon, Local Time, on the Business Day immediately following the day that the Company receives such notice, if such notice is not received prior to such time, time on the day of receipt; provided that, if such LC Disbursement is not less than $500,000, that the Company may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 or 2.04 that such payment be financed with a Base Rate an ABR Revolving Credit Borrowing or Swingline Loan Borrowing in an equivalent amount and, to the extent so financed, the Company’s and any applicable Subsidiary’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate ABR Revolving Credit Loan BorrowingBorrowing or Swingline Loan. If the Company fails and any applicable Subsidiary fail to make such payment when due, such amount, if denominated in Foreign Currency (other than an amount in Canadian Dollars constituting an ABR Borrowing) shall be converted to Dollars and shall bear interest at the Alternate Base Rate and the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company and any applicable Subsidiary in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyCompany and any applicable Subsidiary, in the same manner as provided in Section 2.05 2.06 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.06 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company or any applicable Subsidiary pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such the Issuing LenderBank, then to such Lenders and such the Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an the Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Revolving Loans or a Swingline Loan as contemplated above) shall not constitute a Loan and shall not relieve the Company and any applicable Subsidiary of its their obligation to reimburse such LC Disbursement.

Appears in 2 contracts

Samples: Credit Agreement (Universal Forest Products Inc), Credit Agreement (Universal Forest Products Inc)

Reimbursement. If an any Issuing Lender shall make any LC Disbursement in respect of a Letter of Credit, the Company shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than (i) 12:00 noon, New York City time, on (i) the Business Day date that such LC Disbursement is made, if the Company receives shall have received notice of such LC Disbursement, if such notice is received Disbursement prior to 10:00 a.m., New York City time, on such date, or (ii) if such notice has not been received by the Company prior to 10:00 a.m., New York City time, on the date that such LC Disbursement is made, then not later than 12:00 noon, New York City time, on the Business Day immediately following the day that the Company receives such notice, if such notice is not received prior to such time, ; provided that, if such LC Disbursement is not less than $500,000the minimum borrowing amount, the Company may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 that such payment be financed with a an Alternate Base Rate Revolving Credit Loan Borrowing or Federal Funds Rate Loan in an equivalent amount and, to the extent so financed, the Company’s obligation to make such payment shall be discharged and replaced by the resulting Alternate Base Rate Revolving Credit Loan Borrowingor Federal Funds Rate Loan. If the Company fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company in respect thereof and such Revolving Credit Lender’s Applicable Revolver Percentage thereof. Promptly following receipt of such notice, each Revolving Credit such Lender shall pay to the Administrative Agent its Applicable Revolver Percentage of the payment then due from LC Disbursement not reimbursed by the Company, in the same manner as provided in Section 2.05 2.01 with respect to Conventional Revolving Credit Loans made by such Lender (and Section 2.05 2.02 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit such Lenders), and the Administrative Agent shall promptly pay to the respective applicable Issuing Lender the amounts so received by it from the Revolving Credit such Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective applicable Issuing Lender or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such Issuing Lender, then to such Lenders and such Issuing Lender as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an Issuing Lender for any LC Disbursement (other than the funding of Alternate Base Rate Loans or Federal Funds Rate Loans as contemplated above) shall not constitute a Loan and shall not relieve the Company of its obligation to reimburse such LC Disbursement.

Appears in 2 contracts

Samples: Credit Agreement (Cox Enterprises Inc Et Al), Credit Agreement (Cox Radio Inc)

Reimbursement. If an Issuing Lender any Fronting Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrowers shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon12:30 p.m., New York City time, on (i) the Business Day date that such LC Disbursement is made, if the Company receives Borrowers shall have received notice of such LC Disbursement, if such notice is received Disbursement prior to 10:00 a.m., New York City time, or (ii) on such date, or, if such notice has not been received by the Borrowers prior to such time on such date, then not later than 12:30 p.m., New York City time, on the Business Day immediately following the day that the Company receives Borrowers receive such notice, if such notice is not received prior to such time, ; provided that, if such LC Disbursement is not less than $500,000, that the Company Borrowers may, subject to the conditions to borrowing the Borrowing set forth herein, request in accordance with Section 2.03 or 2.05 that such payment be financed with a Base Rate an ABR Revolving Credit Borrowing or Swingline Loan Borrowing in an equivalent amount and, to the extent so financed, the Company’s Borrowers obligation to make such payment shall be discharged and replaced by the resulting Base Rate ABR Revolving Credit Loan BorrowingBorrowing or Swingline Loan. If the Company fails Borrowers fail to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrowers in respect thereof and such Lenders Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Revolving Percentage of the payment then due from the CompanyBorrowers, in the same manner as provided in Section 2.05 2.02 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.02 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender relevant Fronting Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrowers pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender relevant Fronting Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such Issuing LenderFronting Bank, then to such Lenders and such Issuing Lender Fronting Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an Issuing Lender a Fronting Bank for any LC Disbursement (other than the funding of ABR Revolving Loans or a Swingline Loan as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrowers of its their obligation to reimburse such LC Disbursement.

Appears in 1 contract

Samples: Credit Agreement (Lyondell Chemical Co)

Reimbursement. (i) If an Issuing Lender the Revolving Facility Facing Agent shall make pay any LC Disbursement in respect draft or other form of demand presented under a Revolving Facility Letter of Credit, the Company Stone shall reimburse such Issuing Lender in respect of such LC Disbursement by paying pay to the Administrative Revolving Facility Facing Agent an amount equal to the amount of such LC Disbursement draft or other form of demand not later than 12:00 noon, New York City time, on (i) two hours after Stone shall have received notice from the Business Day Revolving Facility Facing Agent that the Company receives notice payment of such LC Disbursementdraft or other form of demand will be made or, if Stone shall have received such notice is received prior to later than 10:00 a.m., New York City timeStandard Time, or (ii) on any Business Day, not later than 10:00 a.m., Standard Time, on the Business Day immediately following the day Business Day, PROVIDED that the Company receives such notice, if such notice is not received prior to such time, provided that, if such LC Disbursement is not less than $500,000, the Company Stone may, subject to the conditions to borrowing set forth herein, request in accordance with Section SECTION 2.03 that such payment be financed with a Base Rate an ABR Revolving Credit Loan Borrowing (or failing such request, such LC Disbursement may be financed as an ABR Revolving Credit Borrowing pursuant to SECTION 2.02(f)) in an equivalent amount and, to the extent so financed, the Company’s Stone's obligation to make such payment shall be discharged and replaced by the resulting Base Rate ABR Revolving Credit Loan Borrowing. If the Company Stone fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Stone in respect thereof and such Revolving Credit Lender’s 's Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyStone, in the same manner as provided in Section 2.05 SECTION 2.02(c) with respect to Revolving Credit Loans made by such Lender (and Section 2.05 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders)Lender, and the Administrative Agent shall promptly pay to the respective Issuing Lender Revolving Facility Facing Agent the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Stone pursuant to this paragraphPARAGRAPH (d), the Administrative Agent shall distribute such payment to the respective Issuing Lender Revolving Facility Facing Agent or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph PARAGRAPH (d) to reimburse such Issuing Lenderthe Revolving Facility Facing Agent, then to such Lenders and such Issuing Lender the Revolving Facility Facing Agent as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph PARAGRAPH (d) to reimburse an Issuing Lender the Revolving Facility Facing Agent for any LC Disbursement (other than the funding of ABR Revolving Loans as contemplated above) shall not constitute a Loan and shall not relieve the Company Stone of its obligation to reimburse such LC Disbursement.. 72

Appears in 1 contract

Samples: Credit Agreement (Stone Container Corp)

Reimbursement. If an the Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on (i) the Business Day immediately after the Business Day that the Company Borrower receives notice of such LC Disbursement, if such notice is received prior to 10:00 a.m.5:00 p.m., New York City time, on the day of receipt, or (ii) the Business Day immediately following the day that the Company Borrower receives such notice, if such notice is not received prior to such time, time on the day of receipt; provided that, if such LC Disbursement is not less than $500,000, that the Company Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 or Section 2.05 that such payment be financed with a Base Rate an ABR Revolving Credit Borrowing or Swingline Loan Borrowing in an equivalent amount and, to the extent so financed, the CompanyBorrower’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate ABR Revolving Credit Loan BorrowingBorrowing or Swingline Loan. If the Company Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrower in respect thereof thereof, and such Revolving Credit Lender’s 's Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyBorrower, in the same manner as provided in Section 2.05 2.07 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.07 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such the Issuing LenderBank, then to such Lenders and such the Issuing Lender Bank, as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an the Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Revolving Loans or a Swingline Loan as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrower of its obligation to reimburse such LC Disbursement.

Appears in 1 contract

Samples: Credit Agreement (Planet Fitness, Inc.)

Reimbursement. If an the Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noonp.m., New York City time, on (i) the two Business Day that the Company receives Days after Borrower shall have received notice of such LC Disbursement, if such notice is received by Borrower prior to 10:00 a.m., New York City time, or (ii) the three Business Day immediately following the day that the Company receives Days after Borrower received such notice, if such notice is not received prior to such time, ; provided that, if such LC Disbursement is not less than $500,0001,000,000, the Company Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 2.17 that such payment be financed with a Base Rate Revolving Credit Swingline Loan Borrowing in an equivalent amount and, to the extent so financed, the CompanyBorrower’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan BorrowingSwingline Loan. If the Company Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrower in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyBorrower, in the same manner as provided in Section 2.05 2.04 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.04 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such the Issuing LenderBank, then to such Lenders and such the Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an the Issuing Lender Bank for any LC Disbursement (other than the funding of a Swingline Loan as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrower of its obligation to reimburse such LC Disbursement.

Appears in 1 contract

Samples: Credit Agreement (Stockbridge/Sbe Investment Company, LLC)

Reimbursement. If an the Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount in Dollars the Dollar Amount equal to such LC Disbursement, calculated as of the date the Issuing Bank made such LC Disbursement not later than 12:00 noon, New York City timeLocal Time, on the date that such LC Disbursement is made, if the Company shall have received notice of such LC Disbursement prior to 10:00 a.m., Local Time, on such date, or, if such notice has not been received by the Company prior to such time on such date, then not later than 12:00 noon, Local Time, on (i) the Business Day that the Company receives notice of such LC Disbursementnotice, if such notice is received prior to 10:00 a.m., New York City timeLocal Time, on the day of receipt, or (ii) the Business Day immediately following the day that the Company receives such notice, if such notice is not received prior to such time, time on the day of receipt; provided that, if such LC Disbursement is not less than $500,000, that the Company may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 or 2.05 that such payment be financed with a Base Rate an ABR Revolving Credit Borrowing or Swingline Loan Borrowing in an equivalent amount Dollar Amount to such LC Disbursement and, to the extent so financed, the Company’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate ABR Revolving Credit Loan BorrowingBorrowing or Swingline Loan. If the Company fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the Company, in the same manner as provided in Section 2.05 2.07 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.07 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such the Issuing LenderBank, then to such Lenders and such the Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an the Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Revolving Loans or a Swingline Loan as contemplated above) shall not constitute a Loan and shall not relieve the Company of its obligation to reimburse such LC Disbursement.

Appears in 1 contract

Samples: Credit Agreement (Tennant Co)

Reimbursement. If an the Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon2:00 p.m., New York City timeLocal Time, on the date that such LC Disbursement is made, if the Company shall have received notice of such LC Disbursement prior to 10:00 a.m., Local Time, on such date, or, if such notice has not been received by the Company prior to such time on such date, then not later than 2:00 p.m., Local Time, on (i) the Business Day that the Company receives notice of such LC Disbursementnotice, if such notice is received prior to 10:00 a.m., New York City timeLocal Time, on the day of receipt, or (ii) the Business Day immediately following the day that the Company receives such notice, if such notice is not received prior to such time, time on the day of receipt; provided that, if such LC Disbursement is not less than $500,000, that the Company may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 or 2.04 that such payment be financed with an ABR Revolving Borrowing or a Base Rate Revolving Credit Swingline Loan Borrowing in an equivalent amount and, to the extent so financed, the Company’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate ABR Revolving Credit Loan BorrowingBorrowing or Swingline Loan. If the Company fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the Company, in the same manner as provided in Section 2.05 2.06 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.06 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such the Issuing LenderBank, then to such Lenders and such the Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an the Issuing Lender Bank for any LC Disbursement (other than the funding of an ABR Revolving Borrowing or a Swingline Loan as contemplated above) shall not constitute a Loan and shall not relieve the Company of its obligation to reimburse such LC Disbursement.

Appears in 1 contract

Samples: Five Year Credit Agreement (Sungard Data Systems Inc)

Reimbursement. If an Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company shall reimburse such Issuing Lender in respect of such LC Disbursement by paying in the currency in which such LC Disbursement is denominated to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on (i) the Business Day that if the Company receives shall have received notice of such LC Disbursement, if such notice is received Disbursement prior to 10:00 a.m., New York City time, on any Business Day, then 12:00 noon, New York City time, on such Business Day or (ii) otherwise, 12:00 noon, New York City time, on the Business Day immediately following the day that the Company receives such notice, if such notice is not received prior to such time, ; provided that, if such LC Disbursement is not less than $500,000, the Company may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 or 2.05 that such payment be financed with a Base Rate an ABR Revolving Credit Borrowing or Swingline Loan Borrowing in an equivalent amount and, to the extent so financed, the Company’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate ABR Revolving Credit Loan BorrowingBorrowing or Swingline Loan. If the Company fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company in respect thereof and such Revolving Credit Lender’s Applicable Revolving Commitment Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Revolving Commitment Percentage of the payment then due from the Company, in the same manner as provided in Section 2.05 2.06 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.06 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such the Issuing LenderBank, then to such Lenders and such the Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Revolving Loans or a Swingline Loan as contemplated above) shall not constitute a Revolving Loan and shall not relieve the Company of its obligation to reimburse such LC Disbursement.

Appears in 1 contract

Samples: Credit Agreement (Beam Inc)

Reimbursement. If an the Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent Issuing Bank an amount equal to such LC Disbursement not later than 12:00 noon2:00 p.m., New York City time, on the date that such LC Disbursement is made, if Borrower shall have received notice of such LC Disbursement prior to 11:00 a.m., New York City time on such date, or, if such notice has not been received by Borrower prior to such time on such date, then not later than 2:00 p.m., New York City time, on (i) the Business Day that the Company Borrower receives notice of such LC Disbursementnotice, if such notice is received prior to 10:00 11:00 a.m., New York City time, on the day of receipt, or (ii) the Business Day immediately following the day that the Company Borrower receives such notice, if such notice is not received prior to such time, time on the day of receipt; provided that, if such LC Disbursement is not less than $500,000, the Company Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 that such payment be financed with a Base Rate an ABR Revolving Credit Loan Borrowing in an equivalent amount and, to the extent so financed, the Company’s Borrower's obligation to make such payment shall be discharged and replaced by the resulting Base Rate ABR Revolving Credit Loan Borrowing. If the Company Borrower fails to make such payment when due, the Issuing Bank shall notify the Administrative Agent and the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrower in respect thereof and such Revolving Credit Lender’s Applicable 's Pro Rata Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Pro Rata Percentage of the payment then due from the Company, unreimbursed LC Disbursement in the same manner as provided in Section 2.05 2.02(f), with respect to Revolving Credit Loans made by such Lender (and Section 2.05 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders)Lender, and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrower pursuant to this paragraphSection 2.17(e), the Administrative Agent shall distribute such payment to the respective Issuing Lender orshall, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph Section 2.17(e) to reimburse the Issuing Bank, distribute such Issuing Lender, then payment to such Lenders and such the Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph Section 2.17(e) to reimburse an the Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Revolving Loans as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrower of its obligation to reimburse such LC Disbursement.

Appears in 1 contract

Samples: Credit Agreement (Herbalife International Inc)

Reimbursement. If an Issuing Lender Bank shall make any LC Letter of Credit Disbursement in respect of a Letter of Credit, the Company Borrowers shall reimburse such Issuing Lender in respect Letter of such LC Credit Disbursement by paying to the Administrative Agent an amount equal to such LC Letter of Credit Disbursement not later than 12:00 noon11:00 a.m., New York City Chicago time, on (i) the Business Day that the Company Parent Borrower receives notice of such LC Letter of Credit Disbursement, if such notice is received prior to 10:00 9:00 a.m., New York City Chicago time, on the day of receipt, or (ii) the Business Day immediately following the day that the Company Parent Borrower receives such notice, if such notice is not received prior to such after 9:00a.m. Chicago time, on the day of receipt; provided that, if such LC Disbursement is not less than $500,000, that the Company Borrowers may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 3.03 or 3.05 that such payment be financed with a Base Rate an ABR Revolving Credit Borrowing or Swingline Loan Borrowing in an equivalent amount and, to the extent so financed, the Company’s Borrowers’ obligation to make such payment shall be discharged and replaced by the resulting Base Rate ABR Revolving Credit Loan BorrowingBorrowing or Swingline Loan, as applicable. If the Company fails Borrowers fail to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Letter of Credit Disbursement, the payment then due from the Company Borrowers in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyBorrowers, in the same manner as provided in Section 2.05 3.07 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 3.07 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrowers pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such Issuing LenderBank, then to such Lenders and such Issuing Lender Bank, as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an Issuing Lender Bank for any LC Letter of Credit Disbursement (other than the funding of ABR Revolving Loans or a Swingline Loan as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrowers of its their obligation to reimburse such LC Letter of Credit Disbursement.

Appears in 1 contract

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

Reimbursement. If an the Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon11:00 a.m., New York City eastern time, on (i) the Business Day that the Company Borrower receives notice of such LC Disbursement, if such notice is received prior to 10:00 a.m., New York City eastern time, on the day of receipt, or (ii) the Business Day immediately following the day that the Company Borrower receives such notice, if such notice is not received prior to such after 10:00 a.m., eastern time, on the day of receipt; provided that, if such LC Disbursement is not less than $500,000, that the Company Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 or 2.05 that such payment be financed with a Base Rate an ABR Revolving Credit Borrowing or Swingline Loan Borrowing in an equivalent amount and, to the extent so financed, the CompanyBorrower’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate ABR Revolving Credit Loan BorrowingBorrowing or Swingline Loan. If the Company Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrower in respect thereof thereof, and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyBorrower, in the same manner as provided in Section 2.05 2.07 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.07 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such the Issuing LenderBank, then to such Lenders and such the Issuing Lender Bank, as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an the Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Revolving Loans or a Swingline Loan as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrower of its obligation to reimburse such LC Disbursement.

Appears in 1 contract

Samples: Assignment and Assumption (Altair Engineering Inc.)

Reimbursement. If an any Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on the date that such LC Disbursement is made, if the Company shall have received notice of such LC Disbursement prior to 10:00 a.m., New York City time, on such date, or, if such notice has not been received by the Company prior to such time on such date, then not later than 12:00 noon, New York City time, on (i) the Business Day that the Company receives notice of such LC Disbursementnotice, if such notice is received prior to 10:00 a.m., New York City time, on the day of receipt, or (ii) the Business Day immediately following the day that the Company receives such notice, if such notice is not received prior to such time, time on the day of receipt; provided that, if such LC Disbursement is not less than $500,000the minimum borrowing amounts, the Company may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 that such payment be financed with a an Alternate Base Rate Revolving Credit Loan Borrowing or Swingline Loan in an equivalent amount and, to the extent so financed, the Company’s 's obligation to make such payment shall be discharged and replaced by the resulting Alternate Base Rate Revolving Credit Loan Borrowingor Swingline Loan. If the Company fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender Bank of the applicable LC Disbursement, the payment then due from the Company in respect thereof and such Revolving Credit Lender’s Bank's Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender Bank shall pay to the Administrative Agent its Applicable Percentage of the payment then due from LC Disbursement not reimbursed by the Company, in the same manner as provided in Section 2.05 2.01 with respect to Revolving Credit Loans made by such Lender Bank (and Section 2.05 2.01 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit LendersBanks), and the Administrative Agent shall promptly pay to the respective applicable Issuing Lender Bank the amounts so received by it from the Revolving Credit LendersBanks. Promptly following receipt by the Administrative Agent of any payment from the Company pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective applicable Issuing Lender Bank or, to the extent that the Revolving Credit Lenders Banks have made payments pursuant to this paragraph to reimburse such Issuing LenderBank, then to such Lenders Banks and such Issuing Lender Banks as their interests may appear. Any payment made by a Revolving Credit Lender Bank pursuant to this paragraph to reimburse an any Issuing Lender Bank for any LC Disbursement (other than the funding of Alternate Base Rate Loans or a Swingline Loan as contemplated above) shall not constitute a Loan and shall not relieve the Company of its obligation to reimburse such LC Disbursement.

Appears in 1 contract

Samples: Credit Agreement (Cox Radio Inc)

Reimbursement. If an Issuing Lender shall make any LC Disbursement in respect of a Letter of Credit, the Company shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on (i) the Business Day that the Company receives notice of such LC Disbursement, if such notice is received prior to 10:00 a.m., New York City time, or (ii) the Business Day immediately following the day that the Company receives such notice, if such notice is not received prior to such time, provided that, if such LC Disbursement is not less than $500,000, the Company may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 that such payment be financed with a Base Rate Revolving Credit Loan Borrowing or a Swingline Loan in an equivalent amount and, to the extent so financed, the Company’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan BorrowingBorrowing or Swingline Loan. If the Company fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the Company, in the same manner as provided in Section 2.05 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such Issuing Lender, then to such Lenders and such Issuing Lender as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an Issuing Lender for any LC Disbursement (other than the funding of Base Rate Revolving Credit Loans or a Swingline Loan as contemplated above) shall not constitute a Loan and shall not relieve the Company of its obligation to reimburse such LC Disbursement.

Appears in 1 contract

Samples: Credit Agreement (Lamar Media Corp/De)

Reimbursement. If an theany Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon11:00 a.m., New York City time, on (i) the Business Day that the Company Borrower receives notice of such LC Disbursement, if such notice is received prior to 10:00 9:00 a.m., New York City time, on the day of receipt, or (ii) the Business Day immediately following the day that the Company Borrower receives such notice, if such notice is not received prior to such after 9:00 a.m., New York City time, on the day of receipt; provided that, if such LC Disbursement is not less greater than or equal to $500,0001,000,000, the Company Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 that such payment be financed with a Base Rate Revolving Credit Loan an ABR Borrowing in an equivalent amount and, to the extent so financed, the CompanyBorrower’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan ABR Borrowing. If the Company Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrower in respect thereof thereof, and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyBorrower, in the same manner as provided in Section 2.05 2.07 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.07 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective applicable Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such thesuch Issuing LenderBank, then to such Lenders and such the Issuing Lender Bank, as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an the Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Loans as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrower of its obligation to reimburse such LC Disbursement.. (f)

Appears in 1 contract

Samples: Credit Agreement (Clear Secure, Inc.)

Reimbursement. If an Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on (i) the Business Day that the Company receives notice of such LC Disbursement, if such notice is received prior to 10:00 a.m., New York City time, or (ii) the Business Day immediately following the day that the Company Borrower receives such notice, if such notice is not received prior to such timetime on the day of receipt; provided, provided that, if such LC Disbursement is not less than $500,000, the Company Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 or 2.04 that such payment be financed with a Base Rate Revolving Credit Loan an ABR Borrowing in an equivalent amount and, to the extent so financed, the CompanyBorrower’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan ABR Borrowing. If the Company Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrower in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyBorrower, in the same manner as provided in Section 2.05 2.07 with respect to Revolving Credit Loans made by such ​ ​ ​ Lender (and Section 2.05 2.07 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective applicable Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective applicable Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such Issuing LenderBank, then to such Lenders and such Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an any Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Loans as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrower of its obligation to reimburse such LC Disbursement.

Appears in 1 contract

Samples: Credit Agreement (Ping Identity Holding Corp.)

Reimbursement. If an The Company agrees to reimburse each Issuing Lender shall make any Bank for the full amount of each LC Disbursement in respect of under a Letter of Credit, the Company shall reimburse Credit issued by such Issuing Lender in respect of Bank, each such LC Disbursement reimbursement to be made by paying to the Administrative Agent an amount equal to the amount of such LC Disbursement (i) not later than 12:00 noon1:00 p.m., New York City time, on (i) the Business Day that the Company receives notice of such LC Disbursement, Disbursement if such notice is received by it prior to 10:00 a.m., New York City time, on a Business Day or (ii) not later than 1:00 p.m., New York City time, on the Business Day immediately following the day that the Company receives such notice, if such notice is received by it on a day which is not a Business Day or is not received prior to such 10:00 a.m., New York City time, provided that, if such LC Disbursement is not less than $500,000, the Company may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 that such payment be financed with on a Base Rate Revolving Credit Loan Borrowing in an equivalent amount and, to the extent so financed, the Company’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan BorrowingBusiness Day. If the Company fails to make such payment when duedue with respect to a Letter of Credit, (i) the Administrative Agent shall notify each Revolving Credit Lender Bank of the applicable LC DisbursementDisbursement under such Letter of Credit, the payment then due from the Company in respect thereof and such Revolving Credit LenderBank’s Applicable Percentage thereof. Promptly following receipt , (ii) the Company shall be deemed to have given a timely Notice of such notice, each Revolving Credit Lender shall pay Borrowing to the Administrative Agent its Applicable Percentage requesting the Banks to make Base Rate Advances on such date the Company fails to make such payment in an amount in Dollars equal to the amount of such LC Disbursement and (iii) subject to satisfaction or waiver of the payment then due from conditions specified in Section 5.02, the CompanyBanks shall, on such date, make Base Rate Advances in the same manner as provided in Section 2.05 with respect to Revolving Credit Loans made by amount of such Lender (and Section 2.05 LC Disbursement, the proceeds of which shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt be applied directly by the Administrative Agent of any payment from the Company pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such Issuing Lender, then to such Lenders and such Issuing Lender as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an Issuing Lender Bank for any LC Disbursement shall not constitute a Loan and shall not relieve the Company amount of its obligation to reimburse such LC Disbursement; and provided further that if for any reason proceeds of Base Rate Advances are not received by such Issuing Bank on such date in an amount equal to the amount of such LC Disbursement, the Company shall reimburse such Issuing Bank, on demand, in an amount in same day funds equal to the excess of the amount of such LC Disbursement over the aggregate amount of such Base Rate Advances, if any, which are so received. Reimbursements under this Section ‎2.02(a) may be made with the Company’s funds or, subject to the terms and conditions of this Agreement, with the proceeds of a Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Cigna Group)

Reimbursement. If an the Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on (i) the Business Day that the Company Borrower receives notice of such LC Disbursement, if such notice is received prior to 10:00 9:00 a.m., New York City time, on the day of receipt, or (ii) the Business Day immediately following the day that the Company Borrower receives such notice, if such notice is not received prior to such after 9:00 a.m., New York time, on the day of receipt; provided that, if such LC Disbursement is not less than $500,000, that the Company Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 or 2.05 that such payment be financed with a Base Rate an CBFR Revolving Credit Borrowing or Swingline Loan Borrowing in an equivalent amount and, to the extent so financed, the CompanyBorrower’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate CBFR Revolving Credit Loan BorrowingBorrowing or Swingline Loan. If the Company Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrower in respect thereof thereof, and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyBorrower, in the same manner as provided in Section 2.05 2.07 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.07 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such the Issuing LenderBank, then to such Lenders and such the Issuing Lender Bank, as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an the Issuing Lender Bank for any LC Disbursement (other than the funding of CBFR Revolving Loans or Swingline Loan as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrower of its obligation to reimburse such LC Disbursement.

Appears in 1 contract

Samples: Credit Agreement (Usa Technologies Inc)

Reimbursement. If an the Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Administrative Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on (i) the Business Day date that such LC Disbursement is made, if the Company receives Administrative Borrower shall have received notice of such LC Disbursement, if such notice is received Disbursement prior to 10:00 a.m., New York City time, or (ii) on such date, or, if such notice has not been received by the Administrative Borrower prior to such time on such date, then not later than 12:00 noon, New York City time, on the Business Day immediately following the day that the Company Administrative Borrower receives such notice, if such notice is not received prior to such time, ; provided that, that if such LC Disbursement is not less than $500,000US$100,000, the Company Administrative Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 2.4 that such payment be financed with a Base Rate an ABR Revolving Credit Loan Borrowing or Swingline Loan, in an equivalent amount (and if such Letter of Credit is issued in an Alternative Currency, the US Dollar Equivalent of such amount) and, to the extent so financed, the CompanyAdministrative Borrower’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate ABR Revolving Credit Loan BorrowingBorrowing or Swingline Loan. If the Company Administrative Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Administrative Borrower in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyAdministrative Borrower, in the same manner as provided in Section 2.05 2.6 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.7 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Administrative Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender Bank or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such the Issuing LenderBank, then to such Lenders and such the Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an the Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Revolving Loans or a Swingline Loan as contemplated above) shall not constitute a Loan and shall not relieve the Company Administrative Borrower of its obligation to reimburse such LC Disbursement.

Appears in 1 contract

Samples: Credit Agreement (Idexx Laboratories Inc /De)

Reimbursement. If an Issuing Lender Bank shall make any LC Disbursement in respect of a Letter of Credit, the Company Borrower shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on (i) the Business Day that the Company receives notice of such LC Disbursement, if such notice is received prior to 10:00 a.m., New York City time, or (ii) the Business Day immediately following the day that the Company Borrower receives such notice, if such notice is not received prior to such timetime on the day of receipt; provided, provided that, if such LC Disbursement is not less than $500,000, the Company Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 or 2.04 that such payment be financed with a Base Rate Revolving Credit Loan an ABR Borrowing in an equivalent amount and, to the extent so financed, the CompanyBorrower’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan ABR Borrowing. If the Company Borrower fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company Borrower in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the CompanyBorrower, in the same manner as provided in Section 2.05 2.07 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 2.07 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective applicable Issuing Lender Bank the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective applicable Issuing Lender Bank or, to the extent that the Revolving Credit ​ ​ ​ Lenders have made payments pursuant to this paragraph to reimburse such Issuing LenderBank, then to such Lenders and such Issuing Lender Bank as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an any Issuing Lender Bank for any LC Disbursement (other than the funding of ABR Loans as contemplated above) shall not constitute a Loan and shall not relieve the Company Borrower of its obligation to reimburse such LC Disbursement.. ​

Appears in 1 contract

Samples: Credit Agreement (Ping Identity Holding Corp.)

Reimbursement. If an Issuing Lender shall make any LC Disbursement in respect of a Letter of Credit, the Company shall reimburse such Issuing Lender in respect of such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement not later than 12:00 noon, New York City time, on (i) the Business Day that the Company receives notice of such LC Disbursement, if such notice is received prior to 10:00 a.m., New York City time, or (ii) the Business Day immediately following the day that the Company receives such notice, if such notice is not received prior to such time, provided that, if such LC Disbursement is not less than $500,000, the Company may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 that such payment be financed with a Base Rate Revolving Credit Loan Borrowing in an equivalent amount and, to the extent so financed, the Company’s obligation to make such payment shall be discharged and replaced by the resulting Base Rate Revolving Credit Loan Borrowing. If the Company fails to make such payment when due, the Administrative Agent shall notify each Revolving Credit Lender of the applicable LC Disbursement, the payment then due from the Company in respect thereof and such Revolving Credit Lender’s Applicable Percentage thereof. Promptly following receipt of such notice, each Revolving Credit Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the Company, in the same manner as provided in Section 2.05 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 shall apply, mutatis mutandis, to the payment obligations of the Revolving Credit Lenders), and the Administrative Agent shall promptly pay to the respective Issuing Lender the amounts so received by it from the Revolving Credit Lenders. Promptly following receipt by the Administrative Agent of any payment from the Company pursuant to this paragraph, the Administrative Agent shall distribute such payment to the respective Issuing Lender or, to the extent that the Revolving Credit Lenders have made payments pursuant to this paragraph to reimburse such Issuing Lender, then to such Lenders and such Issuing Lender as their interests may appear. Any payment made by a Revolving Credit Lender pursuant to this paragraph to reimburse an Issuing Lender for any LC Disbursement shall not constitute a Loan and shall not relieve the Company of its obligation to reimburse such LC Disbursement.

Appears in 1 contract

Samples: Credit Agreement (Lamar Advertising Co/New)

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